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Weekly Rulemaking Notices Contact Us Find It

January 4, 2006
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 Integrated Access & Support
RULE TITLE OR SUBJECT: Ch. #332, MaineCare Eligibility Manual Rev. #225P
PROPOSED RULE NUMBER: 2005-P299 hearing rescheduled
CONCISE SUMMARY: This rule proposes a number of changes limiting eligibility to MaineCare as authorized by the Maine Legislature. Major areas affected are transfer of assets, allocation of assets between spouses, treatment of trusts, annuities, self-employment, burial funds. The rule also clarifies other areas of policy: Transitional MaineCare, cost of care in residential care facilities and nursing facilities, premiums for the Limited (HIV) Benefits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC. HEARING: Monday, January 23, 2006. Starting at-9:00 a.m. at Jewett Hall Auditorium, University of Maine at Augusta, 46 University Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: 5:00 p.m. on February 2, 2006
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services
ADDRESS: Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 314, Statewide Low-Income Assistance Plan
PROPOSED RULE NUMBER: 2005-P301 comment deadline extended
CONCISE SUMMARY: In this notice of rulemaking, the Commission seeks comment on proposed changes to Ch. 314 (Statewide Low-Income Assistance Plan) to provide financial assistance to low-income customers who must use an oxygen pump at least 8 hours each day. A Notice concerning the proposed changes was previously published on November 23, 2005, with a comment deadline of December 23. In the present Notice, the comment deadline is being extended to January 13, 2006.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 104, 111, and 3214; 38 MRSA 4961 and 4962
PUBLIC HEARING: None Scheduled
DEADLINE FOR COMMENTS: January 13, 2006
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-3631


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 32.12, Elver Fishing in Franklin
PROPOSED RULE NUMBER: 2005-P355
CONCISE SUMMARY: This rule is proposed to address gear conflicts experienced by the Town of Franklin for the past several years between its alewife weir fishery and the fixed gear used to fish elvers, i.e., fyke nets and Sheldon traps. Pursuant to this rule, fishing for elvers in Card Mill Stream and Mill Brook, Franklin, between the dates of May 1 and May 31, would be by dip net only.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171-A
PUBLIC HEARING: Wednesday, January 25, 2006, 6:00 p.m., Franklin Community Center, 34 Main Street, Franklin, Maine
DEADLINE FOR COMMENTS: February 4, 2006
AGENCY CONTACT PERSON: Lt. Alan Talbot (tel: (207) 667-3373)
MAIL WRITTEN COMMENTS TO:
AGENCY NAME: Department of Marine Resources
ADDRESS: Attn: Laurice Churchill, PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TEL: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)
HEARING FACILITIES: If you require accommodations due to disability, please contact Kim Pierce, at (207) 624-6567.


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Price, Order #02-06
PROPOSED RULE NUMBER: 2005-P356
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 Section 2954.
TIDS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8054 and 7 MRSA 2954
PUBLIC HEARING: January 20, 2006, Friday, starting at 2:00 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 20, 2006
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 65, Mental Health Services
PROPOSED RULE NUMBER: 2005-P357
CONCISE SUMMARY: The Department is proposing major changes to this Section that will establish two new sections of mental health policy: "Child & Family Behavioral Health Treatment," and "Community-Based Treatment for Youth Without Permanency." Children currently receiving services from Sections 65.04-3(G) and 65.04-3(H) will be transitioned to these new services, and upon the adoption of these rules, no new referrals will be accepted into the two sections being phased out.
DHHS will add language to Adult Mental Health Services that addresses the need for homebased outpatient mental health services and mental health services for the deaf and hard of hearing provided by clinicians who have the ability to use sign language in the provision of services. The proposed rules also lists updated codes and the rates for mental health services in Ch. III.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173 and 22-A MRSA 205(2)
PUBLIC HEARING:
Date: Tuesday, January 24, 2006, 11:00 a.m.
Location: Department of Health and Human Services, 442 Civic Center Drive, Augusta, Maine. Any interested party, requiring special arrangements to attend the hearing must contact the agency person listed below before January 20, 2006
DEADLINE FOR COMMENTS: 11:59 p.m., February 5, 2006
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Office of Maine Care 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: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 24, Licensed Guides
PROPOSED RULE NUMBER: 2005-P358
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to hold a public hearing regarding a proposed amendment to Ch. 24 to enhance the standards of competency for licensed guides. This rule proposal was initially advertised on December 7, 2005. 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:
January 24, 2006 - Bangor Auditorium/Civic Center, 100 Dutton Street, Bangor - 6:30 p.m.
DEADLINE FOR COMMENTS: February 3, 2006
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of In1and Fisheries and Wildlife
ADDRESS: #41 State House Station, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


ADOPTIONS

AGENCY: 09-137 Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.04, Moose Hunting
ADOPTED RULE NUMBER: 2005-534
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule establishing the number of moose permits to be issued for the 2006 moose hunting season. As in 2005, permits will be issued for bulls and antlerless moose in each of the WMDs with permit allocations. In WMDs 1, 2, 3, 4, 5, 6, 11 and 19 the season will open on Monday following the close of the bear baiting season and remain open for 6 days. In WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 18, 19, 27 and 28 the season begins on the second Monday of October and remains open for 6 days. As a result of the changes previously made to Wildlife Management Districts, WMD 27 is being added to the area open to moose hunting. Permits are allocated according to Wildlife Management District as follows:

WMD 1 - 120 bulls / 20 antlerless
WMD 2 - 90 bulls
WMD 3 - 225 bulls / 220 antlerless
WMD 4 - 255 bulls
WMD 5 - 120 bulls
WMD 6 - 220 bulls / 265 antlerless
WMD 7 - 125 bulls
WMD 8 - 235 bulls
WMD 9 - 50 bulls
WMD 10 - 100 bulls / 10 antlerless
WMD 11 - 160 bulls / 120 antlerless
WMD 12 - 35 bulls / 20 antlerless
WMD 13 -- 45 bulls / 10 antlerless
WMD 14 - 35 bulls
WMD 17 - 15 bulls / 15 antlerless
WMD 18 - 80 bulls / 20 antlerless
WMD 19 - 90 bulls /15 antlerless
WMD 27 - 25 bulls / 5 antlerless
WMD 28 - 60 bulls / 20 antlerless
TOTAL: 2,085 bulls / 740 antlerless
EFFECTIVE DATE: December 28, 2005
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 5.02, Classified Wildlife Management Areas
ADOPTED RULE NUMBER: 2005-535
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule opening the Long Lake Wildlife Management Area in Aroostook County to the hunting and trapping of all wild birds and animals during the open season on these species.
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 301, Standard Offer Service
ADOPTED RULE NUMBER: 2005-536
CONCISE SUMMARY: This rule establishes terms and conditions for standard offer service for electric generation, and establishes a methodology for selecting standard offer providers.
EFFECTIVE DATE: January 1, 2006
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207)287-3831


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #01-06
ADOPTED RULE NUMBER: 2005-537
CONCISE SUMMARY: Minimum January 2006 Class I price is $16.63 plus $0. 89/cwt. for Producer Margins, an over-order premium of $1.l0/cwt. as being prevailing in Southern New England and $0.93/cwt. handling fee for a total of $19.75 that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/ahi/mmc/prihis.htm
EFFECTIVE DATE: January 1, 2006
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 32, State Low Income Home Energy Assistance Program Emergency Rule
ADOPTED RULE NUMBER: 2005-538
CONCISE SUMMARY: The State Low Income Home Energy Assistance Program Emergency Rule (the "State LIHEAP Rule") is being adopted for the administration of resources to supplement federal Home Energy Assistance Program ("Federal LIHEAP") funds. MSHA has determined that the emergency adoption of this rule is necessary to avoid an immediate threat to the public health, safety, and general welfare of the people of the State of Maine. Energy costs are expected to be high this winter and the U.S. Congress has not yet appropriated additional funding to Federal LIHEAP. The demand for Federal LIHEAP funds will exceed the assistance available. The State of Maine is considering appropriating $5,000,000 to supplement Federal LIHEAP through emergency legislation so low income persons from the State of Maine may heat their homes this winter. It is anticipated that the legislation will be effective the first week of January 2006. In addition, a large potential donation to the State LIHEAP funds is imminent. This rule must be in place so that the funds may be expeditiously disbursed to low income households.
AGENCY CONTACT PERSON: Linda Uhl, Chief Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207) 626-4600