Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

August 3, 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/rules/.


PROPOSALS

AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2005-P153 (republication)
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. These regulations are needed to provide for the effective conservation of Maine's inland fisheries, and enhance fishing opportunities throughout the State. Affected waters being discussed at public hearings are listed below; waters with proposals not being discussed at a public hearing are contained on a list available from the Agency Contact Person listed below. All of the proposals (non-hearing as well as those being heard at a public hearing) may be obtained from the Agency Contact Person. Written comments may be submitted on any of the proposals on those lists.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARINGS:
Stockholm School, School Str., Stockholm -- August 15, 2005 - 6:30 p.m.: Black Pond, T15R9 WELS, Little (South) Black Pond, T15R9 WELS, Crater Pond and tributaries and outlet, T15R9 WELS, Eagle Lake, Wallagrass, Eagle Lake, T16R5, T16R6, Madawaska Lake (including Little Madawaska), T16R4 WELS, Westmanland.
Univ. of Maine @ Machias Science Bldg, Room 102, 9 O'Brien Avenue, Machias - August 16, 2005 - 6:30 p.m.: Cathance Lake and tributaries, Cooper, etc., Phillips Lake, Dedham.
Quimby Elementary School, Main Str., Bingham - August 25, 2005 - 6:30 p.m.: Beal (Trout) Pond, Madrid, Dodge Pond, Rangeley, Foss Pond, Kingsbury Plt., Frypan Pond, Squaretown Twp., Mooselookmeguntic Lake, Rangeley, Sabbath Day Pond, Twp. E.
DEADLINE FOR COMMENTS: September 16, 2005
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@state.me.us


AGENCY: 18-554 - Department of Administrative & Financial Services, Bureau of General Services
RULE TITLE OR SUBJECT: Ch. (New), Implementing the State Purchasing Code of Conduct Requiring that Vendors Furnishing Apparel, Footwear, or Textiles to the State Provide Healthy, Safe, and Fair Working Conditions
PROPOSED RULE NUMBER: 2005-P162
CONCISE SUMMARY: This chapter implements the State purchasing code of conduct, as set forth in 5 MRSA §1825-L(1), and applies to competitive bids for sale of apparel, footwear, or textiles pursuant to 5 MRSA, c. 155, sub-c. 1-A.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: The rule is being promulgated pursuant to 5 MRSA §1825-0
PUBLIC HEARING: Thursday, 25 August 2005, 1 p.m., Cross State Office Building - Room 400, Augusta, ME
DEADLINE FOR COMMENTS: Must be received by 5 p.m., Tuesday, 6 Sept. 2005
AGENCY CONTACT PERSON: Betty Lamoreau, Director of the Division of Purchases
AGENCY NAME: Department of Administrative & Financial Services, Bureau of General Services
ADDRESS: 9 State House Station, Augusta, Maine 04333-009
TELEPHONE: (207) 624-7340


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #09-05
PROPOSED RULE NUMBER: 2005-P163
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: August 22, 2005, Monday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: August 22, 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: 99-420 - Maine Turnpike Authority
RULE TITLE OR SUBJECT: Ch. (New), Regulations for the Installation of Logo Signs on the Maine Turnpike
PROPOSED RULE NUMBER: 2005-P164
CONCISE SUMMARY: This rule establishes a logo signing program for lodging, camping and attractions. Under this program owners of facilities that offer lodging or camping or which qualify as attractions due to their cultural, historical or recreational nature may apply to have their logo on a sign on the mainline of the Maine Turnpike.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 MRSA 1965(U)
PUBLIC HEARING): August 23, 2005, 10 a.m., Ramada Hotel, 490 Pleasant Street, Lewiston, Maine
DEADLINE FOR COMMENTS: September 2, 2005
AGENCY CONTACT PERSON: Jonathan Arey, Maine Turnpike Authority, 430 Riverside Street, Portland, Maine 04103
TELEPHONE: (207) 871-7771, x136


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 151, Architectural and Industrial Maintenance Coatings-Amendments
PROPOSED RULE NUMBER: 2005-P165
CONCISE SUMMARY: The Department is proposing to amend the Ch. 151, Architectural and Industrial Maintenance (AIM) Coatings rule as required by Public Law 2005, Ch. 181. The proposed amendments establish new VOC content emission limits for interior wood clear and semitransparent stains, and varnishes In addition to these new VOC content limits, the Department is also eliminating the three-year sell-through restriction of Section 3(C).
Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at www.state.me.us/dep/air/regulations/proposed.htm.
Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 MRSA §585-A, Public Law 2005, Ch. 181
PUBLIC HEARING: No public hearing is scheduled. These amendments are being posted to a 30-day comment period.
DEADLINE FOR COMMENTS: September 2, 2005, 5:00 p.m.
AGENCY CONTACT PERSON: Jeff Crawford, Bureau of Air Quality Control, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources, Division of Quality Assurance & Regulations
RULE TITLE OR SUBJECT: Ch. 122, Fee schedule for Inspection of Agricultural Commodities
PROPOSED RULE NUMBER: 2005-P166
CONCISE SUMMARY: The Department is amending its fee schedule for inspection and other Quality Assurance & Regulations work. Fees are amended as follows:
(1) Berries increased from $ .02 to $ .03 per pint; (2) Maple syrup increased from $2.00 to $2.50 per barrel; (3) Fresh potatoes non-Maine bag increased from $ .10 to $ .11 per hundredweight; (4) Fresh potatoes Maine bags increased from $ .08 to $ .09 per hundredweight; (5) Fresh potatoes bulk decreased from $ .14 to $ .11 per hundredweight; (6) Potato processing fees changed from a per week charge to $ .062 per hundredweight; (7) Fees for Good Agricultural/Good Handling practices audits are established at $75.00 per hour per inspector. A minimum fee of $35.00 is established for all work performed.
Various fees are established for overtime, holidays and varying levels of service.
These fees may be reviewed by the Department six (6) times during the shipping season to determine if they accurately ref1ect the cost of providing the service. The full text of the proposal is available upon written request.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 12, 441, 446, 951-B, 1033-A, 1034, 1034-A
PUBLIC HEARING: A public hearing will be on August 22, 2005 at 7:00 p.m. in the Maine Potato Board Conference Room located at 744 Main Street, Presque Isle, Maine
DEADLINE FOR COMMENTS: September 1, 2005
AGENCY CONTACT PERSON: David E. Gagnon
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2161


AGENCY: 10-149 - Department of Health and Human Services, Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder and Adult Services Policy Manual
RULE TITLE OR SUBJECT: Bureau of Elder and Adult Services Policy Manual: Section 63, In-Home and Community Support Services for Elderly and Other Adults; and Section 69, Bureau of Elder and Adult Services Administered Homemaker Services
PROPOSED RULE NUMBER: 2005-P167 and P168
CONCISE SUMMARY: The Bureau of Elder and Adult Services proposes the following amendments:
Section 63 In Home Community Support Services for Elderly and Other Adults
* Level IV consumers residing in assisted housing or supported living arrangements for behavioral and developmental services are no longer eligible to receive services under Section 63.
* The cap on the allowable total monthly cost of services for Level IV consumers is increased from 67% to 80% of the average cost of MaineCare nursing facility level of care.
* Clarification of the definition of occupational, physical and speech/language therapy as a nursing service and that venipuncture is not covered as a stand-alone service under Section 63.
* The term Care Coordination is changed to Care Management.
* Limits the hours for which a PSS will be reimbursed to 40 hours of service per week whether for an individual or for a household in which there is more than one consumer.
* In language on suspension clarifies that suspension may occur for additional reasons as well as hospitalization or institutionalization. Adds a reason for removal from the waiting list.
* Quality Assurance Review Committees are no longer a part of the program.
* Adds provisions of newly enacted 22 MRSA §1717(3) re: conducting criminal background checks and employment prohibitions.
* Sets the standards and requirements for consumer, family member, caregiver and fiscal intermediary participation in the Family Provider Service Option.
Section 69 Bureau of Elder and Adult Services Administered Homemaker Services
* Adds definition of Unlicensed Assistive Personnel.
* Clarifies that persons living in assisted housing or residential facilities are not eligible for homemaker services, eliminating the potential for duplication of services.
* Adds provisions of newly enacted 22 MRSA §1717(3) re: conducting criminal background checks and employment prohibitions.
* Provides DHHS with the ability to adjust maximum number of hours of homemaker services that consumers may receive based on projected utilization of available funds.
* Clarifies language relating to waiting lists and suspension. The new suspension language makes it consistent with other long-term care programs (see above in Section 63). Reasons for removing a consumer’s name from the waiting list are added.
* Extends initial and reassessment eligibility from 6 to 12 months.
* Eliminates the requirement to attend Quality Assurance Review Committees, which are no longer part of the program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Chap 1453, 1621
PUBLIC HEARING: Wednesday, August 24, 2005 at 10:00, Room 1-A, DHHS Bldg., 442 Civic Center Drive, Augusta
DEADLINE FOR COMMENTS: Wednesday, September 6, 2005 by 5:00 p.m.
AGENCY CONTACT PERSON: Mollie Baldwin
AGENCY NAME: Elder and Adult Services
ADDRESS: #11 State House Station (442 Civic Center Drive), Augusta, ME 04333-0011
TELEPHONE: (207) 287-9200 or 1 (800) 262-2232
TTY: (207) 287-9234 or 1 (888) 720-1925
E-mail: Mollie.Baldwin@maine.gov


AGENCY: 94-293 – Baxter State Park
RULE TITLE OR SUBJECT: Ch. 1, Baxter State Park Rules: #5-Entrance Registration, #7-Camping, #11-Minors, #15-Feeding Animals, #17-Climbing or Mountain Hiking, #18-Aircraft, #19-Boats, #20-Motorcycles, ARV's, & Bicycles, #21-Snowmobiles.
PROPOSED RULE NUMBER: 2005-P169
CONCISE SUMMARY:
#5. The Baxter State Park Authority has approved a change of the location of long distance hiker facilities within Baxter State Park.
#7. The Baxter State Park Authority has approved the addition of the publication of the actual dates camping is allowed in Baxter State Park.
# 11. The Baxter State Park Authority has approved the addition of definition of a " responsible person" as being at least 18-years-old.
#15. The Baxter State Park Authority has approved the addition of "bait or disturb" and clarification of where baiting can occur within the non-sanctuary sections of Baxter State Park.
# 17. The Baxter State Park Authority has approved the addition of requiring technical rock climbers to register. Also the addition of reckless hikers being advised of the Authority's right to seek reimbursement to responsibility to reimburse Baxter State Park for costs incurred from search and rescue efforts.
#18. The Baxter State Park Authority has approved the addition of Nesowadnehunk Lake to the prohibition of landing aircraft and specified that the entrance registration requirement also applies to people landing in the Park.
#19. The Baxter State Park Authority has approved the addition requiring persons arriving/entering via motorboats to register for day use within Baxter State Park.
#20. The Baxter State Authority has approved the addition to prohibit bicycles within the SFMA, and the addition of a clarification of the prohibition of parasailing and other reckless acts.
#21. The Baxter State Park Authority has approved an update and clarification of areas within Baxter State Park that are open to public snowmobiling.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
Statutory AUTHORITY: 12 MRSA §903
PUBLIC HEARING: none scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 2, 2005
AGENCY CONTACT PERSON: Ada Angotti
AGENCY NAME: Baxter State Park
ADDRESS: 64 Balsam Drive, Millinocket, ME 04462
TELEPHONE: (207) 723-9500


ADOPTIONS

AGENCY: 18-354 - Maine State Liquor & Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 2, Powerball
ADOPTED RULE NUMBER: 2005-297
CONCISE SUMMARY: This rule establishes procedures for game enhancements to powerball and the implementation of a subscription program in Maine. The rule is promulgated pursuant to 8 MRSA §374 and PL 2003, c. 673, Part MM, as codified at 8 MRSA §372 sub §2 Para. I. The effective date of this rule change is August 28, 2005.
Copies of the rule are available by contacting the Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333.
EFFECTIVE DATE: August 28, 2005
AGENCY CONTACT PERSON: Pam F. Coutts, Deputy Director
AGENCY NAME: Bureau of Alcoholic Beverages & Lottery Operations
ADDRESS: 8 State House Station, Augusta, ME 04333-0008
E-MAIL: Pam.F.Coutts@maine.gov
TELEPHONE: (207) 287-6762


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #08-05
ADOPTED RULE NUMBER: 2005-298
CONCISE SUMMARY: Minimum August 2005 Class I price is $17.69 plus $0.79/cwt. for Producer Margins, an over-order premium of $1.10/cwt as being prevailing in Southern New England and $0.23/cwt handling fee for a total of $20.01 that includes a $0.20/cwt Federal promotion fee. Class II minimums set at $13.21 for June 2005 that 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: July 31, 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: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 530, Provisional Medical or Disability Payments to Workers' Compensation Claimants
ADOPTED RULE NUMBER: 2005-299
CONCISE SUMMARY: Purpose: To allow MaineCare and similar governmental programs the option to participate in the provisional payment system when a beneficiary suffers from a medical condition whose compensability under the Workers' Compensation Act is in dispute, and to clarify that all self-funded employee benefit plans have the option to participate.
The amendment renumbers former Subsection 5(E) as a separate Section 6 entitled "Optional Participation by Uninsured Health Plans" (and renumbers subsequent sections accordingly); adds language authorizing governmental benefit programs (including but not limited to MaineCare) and all self-insured employee benefit plans to elect to participate in the provisional payment system; and conditions an, uninsured plan's right to participate on submission to the jurisdiction of the Superintendent for the limited purpose of resolving disputes and enforcing the plan's provisional payment obligation.
This rule is proposed in accordance with 39-A MRSA §222(3) and 24-A MRSA §212.
EFFECTIVE DATE: July 31, 2005
AGENCY CONTACT PERSON: Vanessa Leon
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624- 8452


AGENCY: 05-071 - Department of Education, State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 13, Qualifying Examinations for Teachers, Educational Specialists, and Administrators
ADOPTED RULE NUMBER: 2005-300
CONCISE SUMMARY: Ch. 13, Qualifying Examinations for Teachers and Administrators, is amended to include content knowledge and teaching skills examinations (Praxis II), as new requirements for candidates seeking initial certification for teacher or educational specialist. These content knowledge and teaching skills examinations and the passing scores for each are incorporated into this rule. The current qualifying examination requirement has been adjusted to allow for a composite passing score for this examination (Praxis I), which is a three section examination with a discrete passing score for each section of the examination. The rule is further amended to include a waiver of the Praxis I and Praxis II examinations for the Native Language Teacher endorsement.
EFFECTIVE DATE: August 1, 2005
AGENCY CONTACT PERSON: Judith Malcolm
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023 TELEPHONE: (207) 624-6842


AGENCY: 10-144 - Department of Health and Human Services, Office of Maine Care Services
CHAPTER NUMBER AND TITLE: Ch. 150, Free Care Guidelines
ADOPTED RULE NUMBER: 2005-301
CONCISE SUMMARY: These final rule changes update poverty guidelines to 2005 dollar amounts. The final rule enables the Department to make changes to allow a reference to the Federal Poverty Guidelines and to automatically update the FPL annually without additional rule-making.
See: http://www.maine.gov/bms/rules/prov_other_rules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: August 1, 2005
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 26, Day Health Services
ADOPTED RULE NUMBER: 2005-302
CONCISE SUMMARY: The adopted 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 final rule also modifies the level of assistance required for members with cognitive or behavior issues to qualify to receive Level II services under this section.
See http://www.maine.gov/dhhs/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: August 5, 2005
AGENCY CONTACT PERSON: Jane Connors
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf /Hard of Hearing)