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Weekly Rulemaking Notices Contact Us Find It

June 1, 2005
as posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING

Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 18-364 - Maine State Liquor and Lottery Commission
RULE TITLE OR SUBJECT: Ch. 2, Powerball Rules
PROPOSED RULE NUMBER: 2005-P125
CONCISE SUMMARY: The Multi-State Lottery Association (MUSL) Board of Directors voted to change the Powerball game matrix. Also, the Bureau of Alcoholic Beverages and Lottery Operations will implement a Powerball subscription program effective this rule change.
TIDS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA 374
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: July 1, 2005
AGENCY CONTACT PERSON: Pam Coutts, Deputy Director Bureau of Alcoholic Beverages & Lottery Operations, 8 State House Station, Augusta, ME 04333-0008
TELEPHONE: (207) 287-6756


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #07-05
PROPOSED RULE NUMBER: 2005-P126
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA 2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8054 and 7 MRSA 2954
PUBLIC HEARING: June 17, 2005, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: June 17, 2005
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 26, Day Health Services
PROPOSED RULE NUMBER: 2005-P127
CONCISE SUMMARY: The proposed rule clarifies when reassessment is allowed for members receiving Day Health services, and transfers the responsibility of determining medical eligibility and authorization of the plan of care from the provider to the Department's authorized agent. The provider may request an unscheduled reassessment, performed by the authorized agent, if a significant change occurs. The proposed role also modifies the level of assistance required for members with cognitive or behavior issues to qualify to receive Leve1 II services under this section.
See http://www.maine.gov/dhhs/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: Wednesday, June 21, 2005
DEADLINE FOR COMMENTS: 11:59 p.m., July 1, 2005
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy and Provider Services
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive 11 State House Station Augusta. Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 24, Home Energy Assistance Program Rule
PROPOSED RULE NUMBER: 2005-P128
CONCISE SUMMARY: The purpose of the proposed amendment to the Home Energy Assistance Program rule is to: (i) clarify that railroad cars, buses and homeless shelters are excluded from the definition of "Dwelling Unit"; (ii) clarify that a person must qualify as a separate household and have a rental agreement to be included in the definition of "Roomer"; (iii) clarify the documentation required in order to determine an applicant's eligibility for the Program; (iv) clarify that transportation to medical appointments constitutes a medical expense for purposes of determining an applicant's eligibility for the Program; (v) increase the onetime benefit amount paid to residents of subsidized housing with heat included in the rent for the beginning of the new 2005/2006 Program year and ending on September 30, 2011; (vi) provide MSHA with greater flexibility in the selection of subgrantees and to update the subgrantee selection criteria to include the requirement that subgrantees have an acceptable schedule for the taking of applications, and the ability to perform outreach activities for, and serve, homebound recipients; (vii) update the list of subgrantee responsibilities in order to clarify that work plans, budgets, monthly status reports and other such reports and information must be submitted to MSHA in connection with the administration of the Program; (viii) provide for the timely and efficient processing of Program applications and awards of benefits through, among other things, the completion and review of applications with applicants by telephone; (ix) clarify when subgrantees should use the actual energy consumption method or the design heat load calculation method in computing Program benefits; (x) provide for the return of any credit balance to the subgrantee and the Program in the event a household moves out of the State of Maine or does not receive deliveries or other services after twelve (12) months; and (xi) make minor technical and grammatical changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4722(1)(W), 4741(15), and 4991 et seq.
PUBLIC HEARING: June 21, 2005, 9:30 a.m., Maine State Housing Authority, 41 Anthony Avenue, Augusta, ME 04330. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: July 5, 2005, 5:00 p.m.
AGENCY CONTACT PERSON: Peter Wintle, EHS Division Director, Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 305, Permit by Rule Standards
ADOPTED RULE NUMBER: 2005-174
CONCISE SUMMARY: A number of amendments to Ch. 305, Permit by Rule Standards ("PBR"), have been approved by the Board of Environmental Protection. Many amendments are designed to clarify the standards or the applicability of the rule to certain activities. Section 16, Activities in coastal sand dunes, is modified to reflect recent amendments to Ch. 355, Coastal Sand Dune Rules, the majority of which involve new or revised definitions. The amendments to this section of PBR do not significantly reduce the kinds of activities eligible for the PBR process.
Several types of activities are no longer eligible for the PBR process. Riprap on rivers as defined by municipal shoreland zoning will now require an individual permit under the Natural Resources Protection Act. Section 14, Piers, wharves, pilings and haulouts, is repealed, which means these activities will also require an individual permit. Further, new public boat ramps on lakes infested with aquatic invasive plants are no longer eligible for the PBR process.
Two changes were made as a result of comments. Section 11, State transportation facilities, was amended to provide more flexibility for in-stream work windows provided the listed state review agencies approve, and review of projects by the Department's Division of Environmental Assessment is no longer required as that Division's concerns are adequately addressed by the other state review agencies. In Section 1, Introduction, language was added that requires when applicants sign the PBR form, they represent the project meets the PBR standards and that they have sufficient title, right or interest to the property on which the activity is to take place.
EFFECTIVE DATE: May 25, 2005
AGENCY CONTACT PERSON: Michael K. Mullen, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-4728


AGENCY: 06-096 - Maine Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 532, Large Commercial Passenger Vessels
ADOPTED RULE NUMBER: 2005-175
CONCISE SUMMARY: Ch. 532 applies to discharges to Maine's coastal waters of graywater and mixtures of graywater and blackwater from large commercial passenger vessels. It specifies the minimum level of effluent quality in terms of biochemical oxygen demand, suspended solids, pH, fecal coliform, and chlorine. It also specifies requirements for keeping a sewage and graywater discharge record book and for sampling and reporting. A copy of Ch. 532 is available on the web at:
http://www.maine.gov/dep/blwq/topic/vessel/cruiseship/index.htm or by calling (207) 287-7799.
EFFECTIVE DATE: May 25, 2005
AGENCY CONTACT PERSON: Hetty Richardson, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-7799


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 252, Rules Governing Certification of Seed Potatoes in the State of Maine
ADOPTED RULE NUMBER: 2005-181
CONCISE SUMMARY: This rule incorporates a number of changes in the Department of Agriculture's Certified Seed program. Major changes are as follows: new definitions for "lot", Potato Mop Top Virus, and Tobacco Rattle Virus; deletes certification of Generation 4 seed potatoes in 2006 and planting of Generation 4 seed potatoes in 2007; incorporates certification requirements for three potato tuber necrotic viruses adopted by the U.S. Department of Agriculture and the Canadian Food Inspection Agency; allows seed producers to request a laboratory test on any lot found to exceed the tolerance for the Certified Seed class in the Post-Harvest Test and specifies the pathogens for which laboratory testing must be conducted; deletes certification of Experimental 4 seed production in 2006 and planting of Experimental 4 seed potatoes in 2007; requires that seed potatoes collected for official pathogen testing be done under the supervision of Department staff; increases fees for field inspection of seed potatoes by $2-$5 per acre, depending on the generation and length of time the seed remains in the certification program; and other non-substantive changes to improve the clarity and readability of the rules.
EFFECTIVE DATE: May 25, 2005
AGENCY CONTACT PERSON: Terry Bourgoin, Maine Department of Agriculture, Division of Plant Industry, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-3891


AGENCY: 65-625 - Public Utilities Commission, Emergency Services Communication Bureau
CHAPTER NUMBER AND TITLE: Ch. 1, Standards for Establishing a Statewide Enhanced 9-1-1 System (amendments)
ADOPTED RULE NUMBER: 2005-182
CONCISE SUMMARY: To establish a process for reducing the number of Public Answering Points.
EFFECTIVE DATE: May 28, 2005
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018 TELEPHONE: (207) 287-3831


AGENCY: 02-385 - Manufactured Housing Board
CHAPTER NUMBER AND TITLE: Ch. 340, Licensing - Licenses
ADOPTED RULE NUMBER: 2005-183
CONCISE SUMMARY: Effective August 16, 2000, Ch. 340 of the board's rules required manufacturers, dealers, installers and mechanics to provide proof of workers' compensation insurance and products/completed operations liability insurance in order to receive a license from the board. These amendments extend the insurance requirement to current licensees who were originally licensed prior to August 16, 2000 and thus, to the entire licensee pool. The purpose of the extension is to provide the financial protection secured by the insurance requirement to all purchasers of Maine manufactured housing, regardless of when the manufacturer, dealer, installer or mechanic on the other side of the transaction was initially licensed in this State. To ensure that licensees maintain the policies in force on an ongoing basis, the amendments require licensees to provide proof of continuing coverage annually.
These amendments also remove provisions establishing license fees from this chapter. This removal reflects the statutory transfer of fee-setting authority from the board to the Director of the Office of Licensing and Registration. The license fees themselves are unchanged.
EFFECTIVE DATE: May 28, 2005
AGENCY CONTACT PERSON: Robert V. LeClair, Executive Director, Manufactured Housing Board
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8678


AGENCY: 10-144 - Department of Health and Human Services. Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual: Rev. 221A, Stopping Enrollment in the Non-Categorical MaineCare Coverage Group and Establishing a Waiting List
ADOPTED RULE NUMBER: 2005-184
CONCISE SUMMARY: Effective March 1, 2005, no person applying for MaineCare will be enrolled under the NonCategorical coverage group. Instead, applicants found eligible for this coverage group will be placed on a waiting list.
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #06-05
ADOPTED RULE NUMBER: 2005-185
CONCISE SUMMARY: Minimum June 2005 Class I price is $16.87 plus $0. 79/cwt. for Producer Margins and an over-order premium of $1.10/cwt. as being prevailing in Southern New England for a total of $18.96. Class II minimums set at $13.39 for April 2005 which includes a $0.15/cwt. Producer Margin. These changes were passed on in minimum prices.
Minimum prices can be found at: http://www.maine.gov/agriculture/ahi/mmc/prihis.htm
EFFECTIVE DATE: May 29, 2005
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521


AGENCY: 05-071 - Maine Department of Education
CHAPTER NUMBER AND TITLE: Ch. 40, Administration of Medication in the School Setting
ADOPTED RULE NUMBER: 2005-186
CONCISE SUMMARY: In accordance with the governing statute, this rule establishes the requirements for the safe administration of medication in each school administrative unit and approved private schools. This rule requires that all unlicensed school personnel who administer medications in a school setting receive training by a professional nurse or physician. The training must include basic information to assure the safety of students. It also requires that schools allow students to carry and self-administer emergency medication of an asthma inhaler and an epinephrine auto injector under certain conditions. Under the direction of the school administrator, the rule assigns the school nurse the responsibility for the oversight of the administration of medication in the school. It also provides guidance in the development of school policy for the administration of medication, which is required by statute.
EFFECTIVE DATE: June 24, 2005
AGENCY CONTACT PERSON: DeEtte Hall
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6688


AGENCY: 14-118 - Department of Health and Human Services Office of Substance Abuse, Driver Education and Evaluation Programs
CHAPTER NUMBER AND TITLE: Ch. 2, Driver Education and Evaluation Programs Procedure Manual
ADOPTED RULE NUMBER: 2005-191
CONCISE SUMMARY: The Office of Substance Abuse, Driver Education and Evaluation Programs (DEEP), propose the following revisions to Chapter 2, Driver Education and Evaluation Programs Procedure Manual: 1) revise/establish definitions to comply with current practice, programming changes, and/or current legislation; 2) revise the qualifications of the Program Administrator and Program Instructor; 3) discontinue the requirement that clinical supervisors attend DEEP specific training; 4) clarify that community-based service providers - private providers are certified following determination that they are in compliance with regulations and not as a result of an examination; 5) as of July 1, 2005, replace the Moving Ahead Program for clients under 21 years of age with the Under 21 Program that has a research-based curriculum, and adjust the length of the program to accommodate the new 16-hour curriculum; 6) adjust the fee to accommodate new cost; 7) clarify that non-refundable fees are non-transferable; 8) permit provision of clinical substance abuse evaluations, status updates, and second opinions and treatment by Certified Alcohol and Drug Counselors (CADC); 9) prohibit Alcohol and Drug Counseling Aides (ADCA) from providing evaluations or treatment for DEEP referrals; 10) remove reference to Registered Substance Abuse Counselors (RADC) in compliance with legislation concerning licensure of alcohol and drug counselors; 11) prohibit hand-delivery of DEEP forms by clients; 12) increase the deadline for submission of evaluation completions; 13) establish a fifteen day deadline for submission of treatment completion forms; 14) establish a rule for closing case records after two years of no contact with DEEP following client notification of closure and required re-registration; 15) clarify that the counselor not the client provides documentation of Completion of Treatment Program completion; 16) establish procedures for DEEP education program attendance by individuals who do not reside in Maine or have a Maine offense/conviction; 17) clarify requirements for completion of treatment and "aftercare" for clients participating in residential treatment and receiving treatment while in a "halfway house," "pre-release center," or protective environment; 18) establish requirements for completion of treatment for those clients participating in "Drug Court" and/or the Differential Substance Abuse Treatment (DSAT) program; and 19) clarify recommended modality and length of treatment and aftercare for clients diagnosed as early and late phase four. The procedure manual has been reformatted to provide clarification and consistency in text numbering.
EFFECTIVE DATE: June 1, 2005
AGENCY CONTACT PERSON: Linwood K. Oakes, Sr., Certification & Policy Specialist, Office of Substance Abuse DEEP, Eastside Campus, Marquardt Building, 3rd Floor, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-2595
TTY: (207) 287-4475 or 1 (800) 215-7604