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Weekly Rulemaking Notices Contact Us Find It

January 25, 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: 02-031, Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 917, Senior Protection in Annuity Transactions
PROPOSED RULE NUMBER: 2006-P10
CONCISE SUMMARY: The purpose of this regulation is to set forth standards and procedures for recommendations to senior consumers that result in a transaction involving annuity products so that the insurance needs and financial objectives of senior consumers at the time of the transaction are appropriately addressed. Nothing herein shall be construed to create or imply a private cause of action for a violation of this regulation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This rule is adopted by the Superintendent under the authority of 24-A MRSA §212 and §2517.
PUBLIC HEARING: The Superintendent of Insurance will hold a public hearing on Thursday, February 16, 2006 at 9:00 a.m. in the Kennebec Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: Written comments must be received no later than Monday, February 27, 2006 at 5:00 p.m.
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452


AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 919, Life Insurance and Annuities Replacement
PROPOSED RULE NUMBER: 2006-P11
CONCISE SUMMARY: The purpose of this rule is:
(1) To regulate the activities of insurers and producers with respect to the replacement of existing life insurance and annuities.
(2) To protect the interests of life insurance and annuity purchasers by establishing minimum standards of conduct to be observed in replacement or financed purchase transactions. It will:
(a) Assure that a purchaser receives information with which a decision can be made in his or her own best interest;
(b) Reduce the opportunity for misrepresentation and incomplete disclosure; and
(c) Establish penalties for failure to comply with requirements of this rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This rule is adopted by the Superintendent under the authority of 24-A MRSA §212 and §2517.
PUBLIC HEARING: The Superintendent of Insurance will hold a public hearing on Thursday, February 16, 2006 at 10 a.m. in the Kennebec Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: Monday, February 27, 2006
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452


AGENCY: 10-144 - Department of Health and Human Services, Office of Maine Care Services, Division of Policy and Provider Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 50, ICF-MR Services
PROPOSED RULE NUMBER: 2006-P12
CONCISE SUMMARY: The rule proposes to implement policy mandated by LD 60 that requires the Department of Health and Human Services to adopt rules to allow fifty percent (50%) of audited cost savings to accrue to the agency demonstrating the ability to generate such cost savings in its operation.
Because this rule, as proposed, would change the methodology for reimbursement to Medicaid providers, the Department will publish a "Notice to Change in Methodology" as required by federal Medicaid law.
The Legislature has deemed these rules to be MAJOR SUBSTANTIVE RULES, pursuant to 5 MRSA §8071(2)(B). After the Department has provisionally adopted these rules, the Department will submit the rule to the Legislature for review and authorization for final adoption. This rule has legal effect only after review by the Legislature followed by final adoption by the agency.
See 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; LD 60
PUBLIC HEARING DATE: None Scheduled
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. February 24, 2006
AGENCY CONTACT PERSON: Jane Connors
AGENCY NAME: Office of MaineCare Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-93 60
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 12-170 - Maine Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 17, Rules Regarding Proof of Ownership by Employers Employing Foreign Laborers to Operate Logging Equipment
PROPOSED RULE NUMBER: 2006-P13
CONCISE SUMMARY: This chapter will provide standards and a reporting methodology for employers engaged in logging who hire foreign laborers under the H2-B program to show compliance with the proof of ownership requirements under 26 MRSA §872.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §872
PUBLIC HEARING): February 13, 2006, 9 a.m. – 1 p.m., Bureau of Labor Standards, Room 106, Central Building, State Hallowell Annex, 6 Beech Street, Hallowell, Maine
DEADLINE FOR COMMENTS: February 24, 2006
AGENCY CONTACT PERSON: William A. Peabody, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6406


ADOPTIONS

AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources (submitted through the Maine Milk Commission)
CHAPTER NUMBER AND TITLE: Ch. 61, Maine Milk Pool Cost of Administration
ADOPTED RULE NUMBER: 2006-17
CONCISE SUMMARY: Ch. 61, Maine Milk Pool Cost of Administration, was amended to reflect the estimated administrative costs of operating the pool for calendar year 2006.
EFFECTIVE DATE: January 24, 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: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 150, Joint Rules Governing Collection of Reciprocal Taxation of Motor Vehicles
ADOPTED RULE NUMBER: 2006-18
CONCISE SUMMARY: The rule has been repealed since it is obsolete.
EFFECTIVE DATE: January 23, 2006
AGENCY CONTACT PERSON: John W. Sagaser, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536


AGENCY: 95-629 - Dirigo Health Agency
CHAPTER NUMBER AND TITLE: Ch. 2, Savings Offset Payment
ADOPTED RULE NUMBER: 2006-19
CONCISE SUMMARY: These rules define Paid Claims for the purpose of the first year savings offset payment assessment.
AGENCY CONTACT PERSON: Karynlee Harrington
AGENCY NAME: Dirigo Health
ADDRESS: 211 Water Street, Augusta, ME 04330
TELEPHONE: (207) 287-9900


AGENCY: 10-144 - Department of Health and Human Services, Office of Maine Care Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. VII Section 5, Estate Recovery
ADOPTED RULE NUMBER: 2006-20
CONCISE SUMMARY: The adopted rule delineates the requirements for obtaining hardship waivers and claim reductions relative to estate recovery. This rulemaking no longer exempts joint tenancies in real property. The rule adds an exemption and criteria for family members who can demonstrate that they have provided medically necessary health care maintenance and/or personal care services to a member. The adopted rule updates wording and makes technical corrections. Members' families should experience an easier-to-understand estate recovery process, and they will gain more flexibility by exempting care given to members.
See: http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 23, 2006
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: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.02, Definition of “Rigged to Fish for Lobster”
ADOPTED RULE NUMBER: 2006-21
CONCISE SUMMARY: The term “rigged” to fish for lobster is defined to identify the equipment necessary to determine if a vessel is rigged to fish for lobster. The minimum equipment required is a pot hauler. The new definition will assist enforcement personnel determining whether a vessel is being legally used to transport lobsters not harvested by a fisherman licensed under statute 12 MRSA §68516421. Lobsters transported by persons who hold only a ‘Wholesale seafood license with lobster’ permit may transport and possess lobsters in accordance with recent revisions in the statute 12 MRSA §6851, sub-§2-A provided the vessel used to transport is not rigged to fish lobster.
CHAPTER NUMBER AND TITLE: Ch. 25.08(B)(5), Lobster License holder’s presence aboard
ADOPTED RULE NUMBER: 2006-22
CONCISE SUMMARY: An amendment has been adopted to correct the discrepancy between the regulations and enabling statute regarding medical waivers for the license holder’s presence aboard their vessel. In accordance with 12 MRSA §6431-E(3)(A), the Commissioner may authorize a person to fish for or take lobsters from a vessel when an owner or family member is not on board, if that person holds a Class I, II or III lobster and crab fishing license and the owner of the vessel has demonstrated that an illness or disability temporarily prevents that owner from fishing for or taking lobsters from the vessel. The former regulations did not indicate that the inability to fish for or take lobsters from the vessel due to the illness or disability must be temporary. Therefore the regulations are amended to more closely mirror the enabling statute that indicates the illness or disability is temporary.
CHAPTER NUMBER AND TITLE: Ch. 25.93(F)(1)(b)(iii), Exit Ratios for Limited Entry Zones – Zone F (5:1)
ADOPTED RULE NUMBER: 2006-23
CONCISE SUMMARY: The Department of Marine Resources has adopted this regulation in Ch. 25.93(F) in accordance with the procedures in 12 MRSA §6448. The adopted change establishes an exit ratio of 5:1 for Zone F and outlines procedures for authorizing new zone entrants. These rules require that regulations to limit entry shall be implemented concurrent with the licensing year following adoption.
CHAPTER NUMBER AND TITLE: Ch. 25.94(2)(e)&(f), Technical Correction to Zone’s E & F Boundary
ADOPTED RULE NUMBER: 2006-24
CONCISE SUMMARY: A technical correction has been made to the easternmost Longitude coordinate on the 3-mile limit line in the Zone E and F boundary. The coordinate 69? 49.82' W Longitude has been corrected to 69? 48.82' W Longitude as described on the charts issued in the original rulemaking. The term geodetic is also removed.
CHAPTER NUMBER AND TITLE: Ch. 25.96(3), Lobster Apprentice Program, Practical lobster fishing experience
ADOPTED RULE NUMBER: 2006-25
CONCISE SUMMARY: Amendments adopted in these regulations further clarify the lobster license eligibility date consistent with and pursuant to statute 12 MRSA §6448(5&6), which requires that the eligibility request at completion of the apprentice program requirements coincide with the time and date of submission to the Department of Marine Resources. An amendment is also adopted that requires an apprentice to submit completed log sheets to a Marine Patrol Officer for signing and then forward the completed and signed log sheets to the Department for processing within 30 days of the last entry logged on the sheets. Two grammatical corrections and an update to the web address are also adopted.
CHAPTER NUMBER AND TITLE: Ch. 45.05(1)(A)(2), Shrimp Season, 2005–2006
ADOPTED RULE NUMBER: 2006-26
CONCISE SUMMARY: These regulations adopt, through the regular rule-making process, changes that became effective with the adoption of the emergency rules establishing the 2005–2006 shrimp season. The adopted season takes place from December 12, 2005 through April 30, 2006. The season for the harvest of shrimp by trawl and by trap are the same dates.
EFFECTIVE DATE: January 23, 2006
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual: Rev. #223A, Coverage of Caretaker Relatives of Children Under Age 18 at 200% FPL
ADOPTED RULE NUMBER: 2006-27
CONCISE SUMMARY: The Department has received approval to create a new MaineCare coverage group for caretaker relatives for children under the age of 18 who have income between 150% and 200% of Federal Poverty Level (FPL). The changes contemplated by this rule (expand MaineCare income limits for parents and other specified relatives serving in a parental role to 200% FPL) were approved by CMS, the federal agency that oversees MaineCare on October 11, 2005.
EFFECTIVE DATE: January 25, 2006
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services, Office of Integrated Access and Support
ADDRESS: 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948