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August 17, 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: 10-144 - Department of Health and Human Services, Office of Administrative Hearings
RULE TITLE OR SUBJECT: Office of Administrative Hearings, Administrative Hearing Regulation, Ch. 1, Section VII.B.5.a., Exceptions and Responses
PROPOSED RULE NUMBER: 2005-P173
CONCISE SUMMARY: In order to comply with Federal law, which requires that a final MaineCare appeal decision be rendered ordinarily within 90 days of the date of request for hearing, the Department proposes to shorten the time the parties have for the filing of exceptions and responses to the recommended decision.
The Department proposes to shorten the time for the parties to file exceptions and responses to a MaineCare recommended decision from 20 days from the receipt of the recommended decision to within 15 calendar days after the date of the mailing of the recommended decision.
Also, the time for filing exceptions and responses to all other non-MaineCare recommended decisions remains at 20 calendar days, however, the Department proposes to change the count to begin on the day after the recommended decision is mailed in order to be consistent throughout this rule.
Finally, the Department proposes to allow the Chief Administrative Hearing Officer the discretion to grant a continuance for the filing of exceptions and responses based on good cause or if all parties are in agreement.
SEE at http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §§ 8051-10004, 22 MRSA §42
PUBLIC HEARING:
Date: Tuesday, September 6, 2005 10:00 a.m. to 12:00 p.m.
Location: Conference Room #3, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before September 1, 2005.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. September 17, 2005.
AGENCY CONTACT PERSON: James D. Bivins, Esq.
AGENCY NAME: Office of Administrative Hearings
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-3610
FAX: (207) 287-8448
TTY: (207) 287-7285 (Deaf or Hard of Hearing)


AGENCY: 01-026 – Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Adoption of New Board of Pesticides Control Rule Ch. 26, Standards for Indoor Pesticide Applications and Disclosure and Notification for All Occupied Buildings Except K-12 Schools
PROPOSED RULE NUMBER: 2005-P174
CONCISE SUMMARY: The Board has redrafted a proposed rule to establish standards for applicators applying pesticides inside occupied private and public buildings other than K-12 Schools covered by Ch. 27. The redrafted rule requires applicators to employ integrated pest management techniques including in most cases identification of the pest prior to treatment. However, it allows specific formulations to be used in food handling areas that are conducive to pest infestations and also allows certain products to be applied in facilities that operate twenty four hours per day seven days a week. In addition, it sets forth requirements for a one-time notification about pending pesticide applications to residents of rented space, employees of agencies, businesses and institutions, patients in nursing homes and long term care facilities and parents or guardians of children in licensed child care facilities and nursery schools. Those persons are then eligible to request more specific notice in advance of future applications.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8051 et seq., 7 MRSA §§ 601-625, and 22 MRSA §§ 1471-A-X.
PUBLIC HEARING: 9:30 a.m. on Friday, September 9, 2005 in the Colby/Thomas Rooms at the Hampton Inn, 425 Kennedy Memorial Drive, Waterville
DEADLINE FOR COMMENTS: 4:00 p.m. on Monday, September 26, 2005
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731
FAX: (207) 624-5003
E-MAIL: robert.batteese@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/laws/rulemaking.htm


AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 803, Participating Local District Consolidated Retirement Plan
PROPOSED RULE NUMBER: 2005-P175
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendment changes the conditions under which a PLD employee with optional membership may rejoin the MSRS.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §17103, sub-§4 and §18801 et seq.
PUBLIC HEARING: September 8, 2005; 9:05 a.m., Maine State Retirement System Second Floor Conference Room, Two Central Plaza, Augusta, Maine 04333
DEADLINE FOR COMMENTS: September 19, 2005
AGENCY CONTACT PERSON: Kathy Morin
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or 1 (800) 451-9800


AGENCY: 10-144 - Department of Health and Human Services, Division of Licensing and Certification, Community Services Program
RULE TITLE OR SUBJECT: Ch. 117, Regulations Governing the Licensing and Functioning of Adult Day Services Programs
PROPOSED RULE NUMBER: 2005-P176
CONCISE SUMMARY: These rules propose to make changes in the following areas: Definitions, Obtaining a License, Renewal of, Loss of, Temporary & Conditional Licenses, Administration Staff Qualifications, Environmental Safety, Consumer Rights, Assessments, Service Plans and Consumer Records, and Adult Day Services Programs.
STATUTORY AUTHORITY
22 MRSA Ch. 958-A, §§ 3470-3
Ch. 1457, § 5107-A
Ch. 1505, §§ 6201-6209
Ch. 1663, §§ 7801-7804
Ch. 1679, §§ 8601-8605
Department of Health and Human Services, MaineCare Benefits Manual (10-144 CMR Ch. 101), Ch. II, Sections 19 and 26.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: Department of Health and Human Services, 221 State Street, Augusta, Maine 04333, September 8, 2005, 2 p.m., Main Conference Room
DEADLINE FOR COMMENTS: September 19, 2005
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director
AGENCY NAME: Division of Licensing and Certification, Community Services Program
ADDRESS: 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9250
TTY: (888) 720-1925
E-MAIL: peter.mauro@maine.gov


AGENCY: 10-149 - Department of Health and Human Services, Division of Licensing and Certification, Community Services Program
RULE TITLE OR SUBJECT: Ch. 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs
PROPOSED RULE NUMBER: 2005-P177
CONCISE SUMMARY: Modification of Ch. 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs. Pursuant to 5 MRSA §\20005(6), 22 MRSA §7853, 22 MRSA §8102(1), and 34-B MRSA §1203-A, the Department of Health and Human Services is promulgating proposed rules for assisted housing programs.
These rules cover:
Level I Private 1 or 2 beds.
Level II Private 3-6 beds.
Level III 3-6 beds and employ more than 3 non related employees.
Level IV 7 or more beds.
The amendments to the rules:
* clarify the definition of unlicensed assistive personnel to include unlicensed health care assistive personnel;
* allow authority for a resident's legal representative to request additional services without 30 days' notice;
* reflect the name of the merged DHS and DBDS licensing units into the Division of Licensing and Certification, Community Services Programs;
* reflect the new name of the merged Department of Health and Human Services;
* expand grievance rights to comply with a court order of November 2004 in the AMHI Consent Decree case (Bates v. DHHS);
* clarify requirements for notification of rights;
* expand mandatory report of rights violations to reflect the language in the statute;
* modify medication and treatment requirements to clarify monitoring of training, to clear up confusion regarding medication and medication administration records when residents are discharged from the facility; and to make storage and/or count of discontinued medications easier for the providers;
* add section regarding employment of C.N.A. and checking of credentials to comply with 22 MRSA §7851, sub-§4;
* modify requirements related weekly time schedules to reflect actual time worked by staff in the facilities; and
* make technical administrative changes and changes in grammar and punctuation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:
22 MRSA Ch. 401 §1717
Ch. 405 §§ 1812-C, 1812-G
Ch. 413 §2053
Ch. 1453 §5107-A
Ch. 1663 §§ 7801, 7802, 7804
Ch. 1664 §§ 7851-7861
Ch. 1666 §7922
Ch. 1666-A § 7931 et seq.
32 MRSA Ch. 31, §2102
PUBLIC HEARING: A public hearing will be held on Department of Health and Human Services, 442 Civic Center Drive, Augusta, Maine 04333 September 6, 2005, 1 p.m., Rooms 1A & 1B
DEADLINE FOR COMMENTS: September 16, 2005
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director
AGENCY NAME: Division of Licensing and Certification, Community Services Program Licensing
ADDRESS: 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9250
TTY: (888) 720-1925
E-MAIL: peter.mauro@maine.gov


AGENCY: 10-149 - Department of Health and Human Services, Division of Licensing and Certification, Community Services Programs Licensing
RULE TITLE OR SUBJECT: Ch. 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs - Private Non-Medical Institutions
PROPOSED RULE NUMBER: 2005-P178
CONCISE SUMMARY: Pursuant to 5 MRSA §20005(6), 22 MRSA §7853, 22 MRSA §8102(1), and 34-B MRSA §1203-A, the Department of Health and Human Services is promulgating proposed rules for Private Non-Medical Institutions. Private Non-Medical Institutions are a category of licensed assisted housing programs that receive MaineCare funding. These changes are also proposed to comply with the Superior Court Order issued in November 2004 in Bates v. DHHS (the AMHI Consent Decree case).
These rules cover:
Level I Private Non-Medical Institutions that are 1 or 2 beds.
Level II Private Non-Medical Institutions that are 3-6 beds.
Level III Private Non-Medical Institutions that are 3-6 beds and employ more than 3 non related employees.
Level IV Private Non-medical Institutions that are 7 or more beds.
The amendments to the rules:
* clarify the definition of unlicensed assistive personnel to include unlicensed health care assistive personnel;
* reflect the name of the merged DHS and DBDS licensing units into the Division of Licensing and Certification, Community Services Programs;
* reflect the new name of the merged Department of Health and Human Services;
* expand grievance rights to comply with a court order of November 2004 in the AMHI Consent Decree case (Bates v. DHHS);
* clarify requirements for notification of rights;
* expand mandatory report of rights violations to reflect the language in the statute;
* modify medication and treatment requirements to clarify monitoring of training, to clear up confusion regarding medication and medication administration records when residents are discharged from the facility; and to make storage and/or count of discontinued medications easier for the providers;
* modify requirements related weekly time schedules to reflect actual time worked by staff in the facilities; and
* make technical administrative changes and changes in grammar and punctuation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:
22 MRSA Ch. 401 §1717
Ch. 405 §§ 1812-C, 1812-G
Ch. 413 §2053
Ch. 1453 §5107-A
Ch. 1663 §§ 7801, 7802, 7804
Ch. 1664 §§ 7851-7861
Ch. 1666 §7922
Ch. 1666-A §7931 et seq.
32 MRSA Ch. 31, §2102
PL Ch. 673, Part V, Section V-1, V-2, V-3 and V-6
PUBLIC HEARING:
A public hearing will be held on September 6, 2005, Department of Health and Human Services, 442 Civic Center Drive, Augusta, Maine 04333, 1 p.m., Rooms lA & 1B
DEADLINE FOR COMMENTS: September 16, 2005
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director
AGENCY NAME: Division of Licensing and Certification, Community Services Program Licensing
ADDRESS: 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9250
TTY: (888) 720-1925
E-MAIL: peter.mauro@maine.gov


AGENCY: 06-096 - Board of Environmental Protection
RULE TITLE OR SUBJECT: Amendments to Ch. 1000, State of Maine Guidelines for Municipal Shoreland Zoning Ordinances
PROPOSED RULE NUMBER: 2005-P179
CONCISE SUMMARY: This rule will amend the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, the model ordinance that contains the minimum standards that municipalities must incorporate into municipally adopted ordinances for shoreland areas. Shoreland areas include those areas within 250 feet on the normal high-water line of any great pond, river or saltwater body, within 250 feet of the upland edge of a freshwater or coastal wetland, or within 75 feet of the normal high-water line of a stream.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES. Municipalities will be required to update their respective municipal shoreland zoning ordinances to be consistent with the amended Rule. The fiscal impact will be the cost of amending those locally adopted ordinances.
STATUTORY AUTHORITY: 38 MRSA §438-A(1)
PUBLIC HEARING: September 8, 2005 at the Holiday Inn/Ground Round in Augusta, Maine at 2:30 p.m.
DEADLINE FOR COMMENTS: September 19, 2005 at 5:00 p.m. Comments may be submitted by mail at the address below, by fax at (207) 287-7191 or by e-mail at Rich.P.Baker@Maine.Gov. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Richard P. Baker
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7730


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.01(G), Season Dates and Open and Closed Areas for Beaver Trapping
PROPOSED RULE NUMBER: 2005-P180
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt the following amendments to the regulations pertaining to Upland Game and Furbearing Animals:
The Department of Inland Fisheries and Wildlife proposes to adopt the following season dates for beaver trapping:
Wildlife Management Districts 1, 2, 3, 4, 5, 6: November 1 - April 30
Wildlife Management Districts 7, 8, 13, 14, 17: December 1 - March 31
Wildlife Management Districts 9, 10, 11, 18, 19, 28, 29: November 1 - March 31
Wildlife Management Districts 12, 15, 16, 23, 25, 26, 27, 30: December 1 - February 28
Wildlife Management Districts 20, 21, 22, 24: December 15 - February 28
During the open season for beaver trapping in any of the thirty wildlife management districts (WMDs), certain townships may be restricted by one of the following provisions:
(l) Town open to beaver trapping with certain specified areas closed; (2) Town closed to beaver trapping with certain specified areas open;
(3) Town closed to all beaver trapping; or (4) Town open to all beaver trapping.
A copy of the proposed open and closed areas by WMD for beaver trapping season may be obtained from the Agency Contact Person and Regional Wildlife or Warden Service offices.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARINGS: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 16, 2005
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 State House Station, Augusta, ME 04333-0041
E-MAIL: Andrea.Erskine@state.me.us


AGENCY: 02-029 - Department of Professional & Financial Regulation, Bureau of Financial Institutions
RULE TITLE OR SUBJECT: Ch. 136 (Regulation #36), Deposit Production Offices
PROPOSED RULE NUMBER: 2005-P181
CONCISE SUMMARY: Recent law changes have amended the statutes which prohibit the operation of a deposit production office to more closely align them with federal law. The Bureau of Financial Institutions proposes to amend Ch. 136 (Regulation 36) to implement those changes in statute. The proposed amended rule provides a de minimis percentage threshold of deposits under which all financial institutions authorized to do business in Maine would be considered to be in compliance with the rule. The proposed rule reduces the reporting requirements on Maine financial institutions and credit unions by eliminating the annual Branch Loan and Deposit/Share Survey.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 9-B MRSA §241(8)
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: September 16, 2005
AGENCY CONTACT PERSON: Robert Studley, Principal Bank Examiner
AGENCY NAME: Bureau of Financial Institutions
ADDRESS: 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8570


ADOPTIONS

AGENCY: 06-096 – Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 127, New Motor Vehicle Emission Standards (Zero Emission Vehicle Sales Requirement)
ADOPTED RULE NUMBER: 2005-318
CONCISE SUMMARY: The Department of Environmental Protection has amended Ch. 127, New Motor Vehicle Emission Standards, to include the Zero Emission Vehicle sales requirement. The amendment will require automobile manufacturers to meet the Zero Emission Vehicle sales requirements as set forth in California Code of Regulations Title 13 Section 1962. The Zero Emission Vehicle sales requirement was provisionally adopted on December 2, 2004 and on May 31, 2005 Governor John Baldacci signed into law LD 1465,''A Resolve, Regarding Legislative Review of Portions of Ch. 127: New Motor Vehicle Emission Standards, a Major Substantive Rule of the Bureau of Air Quality" (emergency). The Resolve authorized the final adoption of portions of Ch. 127. 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/recentlyadopted.htm.
EFFECTIVE DATE: September 4, 2005
AGENCY CONTACT PERSON: Melissa Morrill
AGENCY NAME: Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-2437


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE:
Ch. 332, MaineCare Eligibility Manual – 2005 Federal Poverty Levels
Ch. 333, Low Cost Drug - 2005 Federal Poverty Levels
Ch. 334, Maine Rx Plus - 2005 Federal Poverty Levels
ADOPTED RULE NUMBER: 2005-320 through 322
CONCISE SUMMARY: This rule puts into effect the 2005 Federal Poverty Level (FPL) guidelines established by the federal government. The FPL’s are updated each year by the Federal Department of Health and Human Services. The FPL serves as the income limit for various MaineCare covered groups including children and their parents, elderly and disabled individuals and pregnant women.
EFFECTIVE DATE: August 13, 2005
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: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 6, Rules for the Suspensions of Commercial Drivers' Licenses
ADOPTED RULE NUMBER: 2005-323
CONCISE SUMMARY: This amendment implements new Federal requirements relating to the issuance and suspension of commercial drivers' licenses.
EFFECTIVE DATE: September 30, 2005
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr.
AGENCY NAME: Department of the Secretary of State, Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9092


AGENCY: 03-201 - Maine Department of Corrections
RULE TITLE OR SUBJECT: Ch. 1, Detention and Correctional Standards for Counties and Municipalities
ADOPTED RULE NUMBER: 2005-325
CONCISE SUMMARY: Revision of existing rule. The Maine Department of Corrections is proposing to revise the existing correctional standards for county and municipalities. The purpose of this revision is to revise existing standards to keep current with changes in Maine Statues, with resent case law, national standards such as American Correctional Association and with changing professional practices in the correctional field. The revisions will result in more up to date standards and should provide for a safer, more secure environment for both correctional staff and inmates.
EFFECTIVE DATE: August 15, 2005
AGENCY NAME: Maine Department of Corrections
AGENCY CONTACT PERSON: Ellis King
ADDRESS: State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342