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Weekly Rulemaking Notices Contact Us Find It

June 8, 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: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 2, Section 213 Compensation for Partial Incapacity, Sections 1 (1), (2), & (3), and Sections 2(4) & (5)
PROPOSED RULE NUMBER: 2005-P129
CONCISE SUMMARY: This rule publishes the permanent impairment threshold effective January 1, 2002. Pursuant to P.L. 2001, Ch. 712, 4: ''The adoption of the threshold pursuant to this section is not subject to the Maine Revised Statutes, Title 5, chapter 375 and is not subject to appeal." However, considerable confusion has arisen because the threshold is not published in the Board's rules. This amendment, therefore, includes the 2002 threshold.
It also proposes to establish the permanent impairment threshold effective January 1, 2004 as 13.4%.
Third, it proposes to establish that benefits for partial incapacity will NOT be extended for 52 weeks on either January 1, 2004 or January 1, 2005.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A MRSA 152(2) & 213
PUBLIC HEARING: Monday, June 27, 2005, 10:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Tuesday, July 7, 2005, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: (207) 287-7086


AGENCY: 03-201 - Maine Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10 Subsection 20.1, Policy and Procedures Manual: Prisoner Discipline
PROPOSED RULE NUMBER: 2005-P130
CONCISE SUMMARY: The Maine Department of Corrections is adopting a revision to the existing policy, procedures, and rules governing prisoner discipline pursuant to Title 34-A, MRSA, Section 3032, to include as a sanction the removal of all previously grandfathered property from the facility upon the prisoner's conviction of a Class A or B disciplinary violation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 34-A MRSA 3032
PUBLIC Hearing: Wednesday, June 29, 2005 from 10 a.m. -11 a.m. in the Maine Department of Corrections Conference Room in the Tyson Building (Third Floor) at the Augusta Mental Health Office Complex in Augusta, Maine.
DEADLINE FOR COMMENTS: July 12, 2005
AGENCY CONTACT PERSON: Ellis King, Department of Corrections, State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 19, Home and Community Benefits for the Elderly and Adults with Disabilities
PROPOSED RULE NUMBER: 2005-P131
CONCISE SUMMARY: The proposed rule reduces rates, places a monetary cap on costs associated with select services and makes additional changes to the delivery of services to more closely reflect the approved waiver. The proposed rule also updates provider requirements, details the Family Service Provider Option, and details use of fiscal intermediary services for the family service provider option. Proposed changes to Ch. III reflect rate reductions and create new codes to reflect changes in the delivery of services.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
This RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3174-FF, PL 2003
PUBLIC HEARING:
Date: June 29, 2005, 9 a.m.
Location: Conference Room, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before June 24, 2005.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m., July 10, 2005
AGENCY CONTACT PERSON: Patricia Dushuttle, Bureau of Medical Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS

AGENCY: 14-118 - Department of Health and Human Services, Office of Substance Abuse
CHAPTER NUMBER AND TITLE: Ch. 11, Registration, Collection, and Dissemination of Prescription Data Relating to Schedule II, III, and IV Drugs
ADOPTED RULE NUMBER: 2005-192
CONCISE SUMMARY: These rules implement the prescription monitoring program, established by legislation as a means to promote the public health and welfare and to deter and prevent prescription drug abuse. All transactions from pharmacies dispensing prescriptions to Maine residents for Schedules II, ill, and IV drugs will be submitted electronically to a database. This database will then be analyzed to see if anyone has been receiving dangerous levels of prescription drugs. Reports will then be generated from the analysis and sent to the doctors who show up as the prescribers of the prescriptions and the pharmacies who show up as the dispenser of the prescriptions. This information will allow doctors and pharmacies to better administer prescriptions drugs to limit and curb the dangerous effects of abuse and overdose Maine has seen.
EFFECTIVE DATE: June 26, 2005
AGENCY CONTACT PERSON: Chris Baumgartner, PMP Coordinator, Office of Substance Abuse, Marquardt Building, AMHI Complex, 3rd Floor, 11 State House Station, Augusta, ME 04333-0159
TELEPHONE: (207) 287-3363


AGENCY: 18-554 - Department of Administrative & Financial Services, Bureau of General Services
CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing Pre-qualification for Single Source Procurement of Services that Do Not Exceed $25,000
CONCISE SUMMARY: The rule is promulgated pursuant to 5 MRSA 1742(6), and will delineate the parameters and means by which persons or organizations that provide professional, architectural, or engineering services may be pre-qualified by the Bureau of General Services for single source procurement of services when those services do not exceed $25,000.
EFFECTIVE DATE: June 5, 2005
AGENCY CONTACT PERSON: Elaine Clark
AGENCY NAME: Department of Administrative & Financial Services, Bureau of General Services
ADDRESS: 77 State House Station, Augusta, Maine 04333-077
TELEPHONE: (207) 624-7360


AGENCY: 16-219 - Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Ch. 34, Rules and Regulations for Flammable and Combustible Liquids
ADOPTED RULE NUMBER: 2005-197
CONCISE SUMMARY: This change amends Ch. 34, Rules and Regulations for Flammable and Combustible Liquids. The entire chapter establishes standards for the storage, handling, dispensing and secure transportation of flammable liquids. This emergency rule will eliminate an exclusion that is currently in the rule, so that the standards outlined in NPFA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages (2003 ed.), apply to unattended self-service retail gasoline facilities. While other gasoline-dispensing facilities have been subject to these standards prior to the adoption of this rule, unattended self-service facilities were not.
EFFECTIVE DATE: June 2, 2005
AGENCY CONTACT PERSON: Richard E. Taylor, Planning and Research, Office of State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 626-3873