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Weekly Rulemaking Notices Contact Us Find It

December 7, 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: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 13, Rules for Equivalent Instruction Programs
PROPOSED RULE NUMBER: 2005-P329
CONCISE SUMMARY: The chapter is being repealed because all the information required for a parent or guardian to provide equivalent instruction by home instruction is contained in the governing statute, 20-A MRSA Section 5001-A(3)(A)(4).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 5001-A(3)(4)(e)
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: January 6, 2006
AGENCY CONTACT PERSON: Edwin N. Kastuck, Ph.D.
AGENCY NAME: Department of Education
ADDRESS:23 State House Station, Augusta, ME 04333-0023
E-MAIL: edwin.kastuck@Maine.gov
TELEPHONE: (207) 624-6776


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 24, Licensed Guides
PROPOSED RULE NUMBER: 2005-P330
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is required by law to establish safety standards to provide clients of guides reasonable protection from hazards and is therefore proposing an amendment to Ch. 24 to enhance the standards of competency for licensed guides. Currently the standards do not include an assessment of an individual's criminal history. In summary, this amendment will add the following provisions: Applicants must certify that they have not been convicted of the following crimes in this State or a crime in any other State or jurisdiction, which would constitute the same crime if committed in the State of Maine: Class A or B crime (any individual who has been so convicted will not be eligible to apply for a Maine Guide License); Class C crime within the last 10 years; Class D or Class E crime within the last 3 years. In addition, applicants will be required to sign a form allowing the Department to conduct a criminal history check for verification purposes. Any person licensed as a Maine Guide or any person eligible to obtain a Maine Guide license through application, renewal or re-instatement, who is convicted of or has committed any of the aforementioned crimes, within the specified times listed, will immediately become ineligible to obtain a Maine Guide license, and any currently held Maine Guide license will be revoked or suspended for such period of time. The proposal also repeals competency provisions that are addressed under the Americans With Disabilities Act and other statutes. For a complete copy of the proposed rule, please contact the Agency Contact Person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 12851
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: January 6, 2006
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of Inland Fisheries and Wildlife
ADDRESS: #41 State House Station, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287 -5201


ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Emergency Rule Ch. 101, MaineCare Benefits Manual: Ch. III Section 102, Rehabilitative Services
ADOPTED RULE NUMBER: 2005-483
CONCISE SUMMARY: Pursuant to 5 MRSA Sec. 8054 the Department has determined that immediate adoption of this rule is necessary to avoid an immediate threat to public health, safety or general welfare. This public health, safety or general welfare emergency arises because providers may not be able to continue to provide services due to inadequate reimbursement. One such provider serving a large number of members in the southern part of the state is already discontinuing services due to the lack of sufficient reimbursement to support operating costs. The Department's findings with regard to the existence of an emergency if the Department does not immediately enact this rule is as follows:
The reduction of agencies providing these crucial services would result in some MaineCare members not receiving rehabilitative services. This in turn, places MaineCare members at risk of not being able to obtain medically necessary covered services. The Department has increased the rate for individual rehabilitative services.
The implementation of this increase will cost approximately $585,000 State/Federal for the next ninety (90) days.
This emergency rule will remain in effect for ninety (90) days while the Department promulgates rules through the Administrative Procedure Act process.
See: http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rulemaking documents.
EFFECTIVE DATE: November 23, 2005 through February 20,2006
AGENCY CONTACT PERSON: Jane Connors, 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) 287-9360
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 685, Payment and Reimbursement of Oil Transfer Fees
ADOPTED RULE NUMBER: 2005-484
CONCISE SUMMARY: Ch. 685 describes how to pay the oil transfer fees imposed under Title 38, sections 551(4) and 569-A(5), of the Maine Revised Statutes Annotated. These laws impose a fee on each barrel of oil offloaded from an oil tanker or brought into the State by road or rail. The fees are deposited in the Maine Coastal and Inland Surface Oil Clean-up Fund and the Ground Water Oil Clean-up Fund to pay costs incurred by the Department of Environmental Protection in carrying out its responsibility to prevent and clean up oil spills.
EFFECTIVE DATE: November 28, 2005
AGENCY CONTACT: John James, DEP-BRWM, 17 State House Station, Augusta, ME 04330
TELEPHONE: (207) 287-7866


AGENCY: 99-420 - Maine Turnpike Authority
CHAPTER NUMBER AND TITLE: Ch. 2, Regulations for the Installation of Logo Signs on the Maine Turnpike
ADOPTED RULE NUMBER: 2005-485
CONCISE SUMMARY: This rule describes eligibility requirements for the placement of a logo sign for facilities providing camping, lodging and attractions on the Maine Turnpike.
EFFECTIVE DATE: December 6, 2005
AGENCY CONTACT PERSON: Jonathan Arey, Esq.
AGENCY NAME: Maine Turnpike Authority
ADDRESS: 430 Riverside Street, Portland, Maine 04103
TELEPHONE: (207) 871-7771, x136