Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

September 28, 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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 29, Dealer Margins
PROPOSED RULE NUMBER: 2005-P211
CONCISE SUMMARY: The principal reason for this rule-making is the need to respond to fuel price increases that are affecting the current dealer margins.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954
PUBLIC HEARING: October 21, 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: October 31, 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: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2005-P212
CONCISE SUMMARY: The proposed rule adds an annual $50 certification fee for the formulation and dispensing of custom-made Chinese herbal formulations by licensed acupuncturists, increases the biennial license fee for professional land surveyors from $200 to $275, and increases the biennial license fee for land surveyors-in-training from $100 to $175.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY 10 MRSA 8003(2-A)(D) and (E); 32 MRSA 12514-A and 1391O-A
PUBLIC HEARING): October 21, 2005 at 9:00 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: October 31, 2005
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8615


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT:
Ch. 335, Significant Wildlife Habitat
Ch. 375, No adverse environmental effect standard, Section 15: Wildlife and fisheries
PROPOSED RULE NUMBER: 2005-P213 and P214
CONCISE SUMMARY: Through Public Law 116 (LD 261), the 122nd Maine State Legislature made the following changes to the NRPA at the request of the department and Maine Audubon, which sponsored a companion bill to the department's.
1. Maine Forest Service's language defining timber harvesting activities was incorporated into the NRPA definition of forest management activities;
2. The statutory requirement to map significant vernal pools, shorebird and wading and waterfowl habitats as we do any other wetland was removed; and
3. The exemption for the filling of up to .10 of an acre of significant wildlife habitat was removed.
This legislative action also required that the department establish definitions and standards through rule for significant vernal pools, high to moderate value shorebird feeding, nesting, and staging habitat, and high to moderate value wading and waterfowl habitat. Ch. 335 is the existing rule which governs activities associated with seabird nesting islands and under which these three habitats will be defined. The changes in Ch. 375, Section 15, are proposed solely to increase consistency between the two state regulatory programs. Simultaneous to this rulemaking process, MDIF&W is undergoing its own process before its Advisory Council to adopt identical definitions and criteria for these three significant wildlife habitats. The rules the Board is asked to post to public hearing today also incorporate specific measures and protections for both the pools and applicants required by the Natural Resources Committee of the Maine State Legislature.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 480-A through Z
PUBLIC HEARING: October 20, 2005, 1:00 p.m.; Holiday Inn/Ground Round, Augusta
DEADLINE FOR COMMENTS: October 31, 2005
AGENCY CONTACT PERSON: Judy Gates, Licensing Coordinator
AGENCY NAME: Department of Environmental Protection
ADDRESS: Bureau of Land & Water Quality, 17 State House Station . Augusta, ME 04333
TELEPHONE: (207) 287-7691
E.MAIL: judy.gates@maine.gov


AGENCY: 10-144 - Department of Health and Human Services, Office of Maine Care Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 24, Day Habilitation for Persons with Mental Retardation
PROPOSED RULE NUMBER: 2005-P215
CONCISE SUMMARY: The proposed rules allow providers to be reimbursed for a State-mandated 5% service tax beginning July 1, 2005. In Ch. III, the annual reimbursement ceiling has been raised to include this 5% service tax. Ch. II and III include current language; the Department has updated the name of the Bureau of Medical Services to the Office of Maine Care Services (OMS). Other minor edits and clarifications have been made in Ch. II and III.
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: 22 MRSA 42, 3173; 36 MRSA 2552(1)
PUBLIC HEARING:
Date: Wednesday, October 19, 2005
Location: Conference Room, 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 October 14, 2005.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on October 30, 2005.
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Office of MaineCare 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: 18-554 - Department of Administrative & Financial Services, Bureau of General Services
RULE TITLE OR SUBJECT: Ch. 130, Implementing the State Purchasing Code of Conduct Requiring That Vendors Furnishing Apparel, Footware, or Textiles to the State Provide Healthy, Safe, and Fair Working Conditions
PROPOSED RULE NUMBER: 2005-P216
CONCISE SUMMARY: This chapter implements the State purchasing code of conduct, as set forth in 5 MRSA 1825-K et seq., and applies to competitive bids far sale of apparel, footwear, or textiles pursuant to 5 MRSA ch. 155, sub-ch. 1-A.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: The rule is being promulgated pursuant to 5 MRSA 1825-O
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: Must be received by 5 p.m., Monday, 31 October 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: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 613, The Quality Child Care Education Scholarship Program, Amendment 3
PROPOSED RULE NUMBER: 2005-P217
CONCISE SUMMARY: This amendment adds submission of the FAFSA by the student as a criterion of eligibility for the Program. Submission of the FAFSA will provide the Authority with the most accurate information necessary to determine residency and financial need. It is expected that it will also enable the Authority to include the Program in its online database, at such time as resources permit, which will enhance Program administration. Finally, although most students will have already filed the FAFSA, requiring those students who might otherwise not have filed it to do so may also enable those students to obtain other financial aid.
STATUTORY AUTHORITY: 10 MRSA 969-A(14), 20-A MRSA 11670
PUBLIC HEARING: 10:00 a.m., October 20, 2005, Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments must be submitted on or before October 31, 2005.
AGENCY CONTACT PERSON: Katryn A. Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice) ext. 239
TDD: (207) 626-2715
FAX: (207) 623-0095


AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Certification, Community Services Licensing and Certification
RULE TITLE OR SUBJECT: Ch. 33, Rules for Home Day Care Providers
PROPOSED RULE NUMBER: 2005-P218
CONCISE SUMMARY: These proposed rules will revise the Rules for Home Day Care Providers. Major revisions are proposed in the areas of fines and sanctions, training requirements, nighttime care and accessibility.
THIS RULE WILL NOT HAVE A FISCAL IMP ACT ON MUNICIP ALITIES.
STATUTORY AUTHORITY: Title 22, Ch. 1661 7701, 7702-A, 7703, Ch. 1663 7801, 7802, 7804, 7805, 7806, Ch. 1673 8301-A, 8302-A, 8302-B, 8303-A, 8304-A, Ch. 1675
PUBLIC HEARINGS:
October 17, 6:30 p.m., Augusta, Dept of Public Safety, Florian Hall Commerce Center, 45 Commerce Dr.
October 18, 6:30 p.m., Portland, DHHS Reg. Office, Conference Rms A&B, 161 Marginal Way
October 19, 6:30 p.m., Bangor, DHHS Reg. Office, 396 Griffin Road
October 20, 6:30 p.m., Presque Isle, N. Maine Comm. College, Christie Hall, 33 Edgemont Dr.
DEADLINE FOR COMMENTS: November 1, 2005
AGENCY CONTACT PERSON: Robert Steinberg
AGENCY NAME: Division of Licensing and Certification, Child Care Licensing Unit
ADDRESS: 221 State Street, Station #11, Augusta, Maine 04333 TELEPHONE: (207) 287-5060
TTD: (207) 287-5048


AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 704, Cigarette Distributors Located Out of State
PROPOSED RULE NUMBER: 2005-P219
CONCISE SUMMARY: The Rule is being repealed because it is obsolete and inoperative. The Rule pertains to requirements formerly imposed upon cigarette distributors located outside of the State of Maine.
The rule is no longer relevant since the law has provided for some time that all cigarette distributors doing business in this State are treated equally, regardless of where they are incorporated or headquartered.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA 112
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: October 28, 2005
AGENCY CONTACT PERSON: John W. Sagaser, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536


AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 19, Homeless Programs Rule
PROPOSED RULE NUMBER: 2005-P220
CONCISE SUMMARY: The purpose of the proposed amendment to the Homeless Programs rule is to eliminate the funding formula and freeze funding levels for calendar year 2006 at the calendar year 2005 levels with upward adjustments for Preble Street - Lighthouse Shelter of Portland, Maine and Oxford Street Shelter of Portland, Maine. The funding levels for all shelters may be adjusted downward if MSHA receives less than $437,570 of shelter operating funds from the State of Maine general fund in the State of Maine's fiscal year 2006 or 2007 or MSHA receives less Emergency Shelter Grant funds from HUD for federal fiscal year 2006 than it received for federal fiscal year 2005. During 2006, MSHA will assess homeless resources and the use of those resources to determine the best use of those funds for subsequent years. The amendment also makes minor technical changes to the rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4741(1), 4741(18) and 4852 et seq.
PUBLIC HEARING: Tuesday, October 18, 2005, 9:30 a.m., Maine State Housing Authority, 353 Water Street, 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: October 28, 2005, 5:00 p.m.
AGENCY CONTACT PERSON: Linda Sears Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 16-633 - Department of Public Safety, Gambling Control Board
RULE TITLE OR SUBJECT: Ch. 5, Minimum Internal Control Standards (MICS)
PROPOSED RULE NUMBER: 2005-P221
CONCISE SUMMARY: (Sec IIC) defines complimentary gifts as having a value over $250 and must be reported monthly, (Sec IID) shortens the storage time for digital recordings to 60 days from one (1) year, (Sec IIIB-2) changes signage requirements for warning persons under 21 they cannot enter from each machine to the public entry point and prominent locations throughout the facility, (Sec IIIB-5) changes a cash box from metal construction only to being a secured container. (Sec III-M) is amended to remove the restriction on tickets as tips to the wait staff
STATUTORY AUTHORITY: 8 MRSA ch. 31 1001
RULE TITLE OR SUBJECT: Ch. 6, Credits
PROPOSED RULE NUMBER: 2005-P222
CONCISE SUMMARY: (Section 6) allows for the use of electronic funds transfer (EFT) or automated funds transfer (AFT) to send winnings to a bank account as an alternative to case or check payout methods.
STATUTORY AUTHORITY: 8 MRSA ch. 31 1003
RULE TITLE OR SUBJECT: Ch. 11, Transportation of Slot Machines
PROPOSED RULE NUMBER: 2005-P223
CONCISE SUMMARY: This rule would allow the slot operator to transport slot machines with written authority of the Executive Director.
STATUTORY AUTHORITY: 8 MRSA ch. 31 1003
RULE TITLE OR SUBJECT: Ch. 14, Advertising
PROPOSED RULE NUMBER: 2005-P224
CONCISE SUMMARY: The rule would allow the 30 days approval time to be waived by the Executive Director or the Board.
STATUTORY AUTHORITY: 8 MRSA ch. 31 1003
THESE RULES WILL NOT HAVE A FISCAL IMP ACT ON MUNICIPALITIES.
PUBLIC HEARING: October 17, 2005, 1:00 p.m., Department of Public Safety Headquarters, 45 Commerce Drive, Suite 3, Augusta, Maine 04330
DEADLINE FOR COMMENTS: October 27, 2005
AGENCY CONTACT PERSON: Robert P. Welch
AGENCY NAME: Gambling Control Board
ADDRESS: 45 Commerce Drive, Suite #3, Augusta, Maine 04330
TELEPHONE: (207) 626-3901


ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services, Office of Maine Care Services
CHAPTER NUMBER AND TITLE: Adopted Rule - Ch. 101, MaineCare Benefits Manual: Ch. II Section 90, Physician Services
ADOPTED RULE NUMBER: 2005-381
CONCISE SUMMARY: This adopted rule combines two proposed rulemakings regarding physician services into one final rule. The Department is increasing fees for all physician services as of July 1, 2005, such that the fee for service rate will be set no lower than 53% of the Medicare rate in effect at that point in time. The rules require that physicians and their servicing providers performing services also covered under other Sections of MaineCare policy, such as chiropractic care, occupational therapy, physical therapy, and speech therapy, must meet requirements as specified in those Sections. The Department also added language instructing physicians how to document rehabilitation potential, an eligibility requirement for some services for adults. The adopted rules do not reduce mental health services, but moves the mental health services formerly provided under Section 90-04(6) to psychiatric services under Section 90.04(5) and require that those other qualified providers delivering psychiatric services to be supervised by a psychiatrist.
The Department also added prior authorization criteria for some procedures. The rules clarify that physicians may not bill members or other providers for documentation fees for completion of paper work required to complete prior authorization, or for documentation of rehabilitation potential, medical necessity, or other required services. The Department also adopted other updates, such as requiring use of standard industry-wide Common Procedure Code (CPT) codes and modifiers.
See http://www.maine.gov/dhhs/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 1, 2005
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: l (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 and III Section 19, Home and Community Benefits for the Elderly and Adults with Disabilities
ADOPTED RULE NUMBER: 2005-382
CONCISE SUMMARY: The adopted 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 adopted rule also updates provider requirements, details the family service provider option, and details use of fiscal intermediary services for the family service provider option.
Adopted changes to Ch. III reflect rate reductions and create new codes to reflect changes in the delivery of services. There is no impact on small business other than changes in reimbursement for these services.
See http://www.maine.gov/dhhs/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 9, 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)


AGENCY: 10-144 - Maine Well Drillers and Pump Installers Commission (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 232, Well Drillers and Pump Installers Rules
ADOPTED RULE NUMBER: 2005-383
CONCISE SUMMARY: Rule changes include inclusion of new sections requiring the permanent recording of information about a drilled water well on or near the well as required by recent legislation and a that drillers and pump installers utilize written contracts or the Commission may use recommendations in the rules as standards for the review of complaints. The proposed changes also include additional requirements for the practice of hydrofracting and several corrections of typographical errors.
EFFECTIVE DATE: October 1, 2005
AGENCY CONTACT PERSON: David Braley, Maine Well Drillers and Pump Installers Commission, State House Station 11, Augusta, Maine 04333
TELEPHONE: (207) 287-3194


AGENCY: 16-633 - Department of Public Safety, Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 8, Slot Machine Location and Hours of Operation
ADOPTED RULE NUMBER: 2005-384
CONCISE SUMMARY: This amendment requires automatic teller machines to be placed off the gaming floor.
EFFECTIVE DATE: September 28, 2005
AGENCY CONTACT PERSON: Robert P. Welch
AGENCY NAME: Gambling Control Board
ADDRESS: 45 Commerce Drive, Suite #3, Augusta, Maine 04330
TELEPHONE: (207) 626-3901