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Weekly Rulemaking Notices Contact Us Find It

March 1, 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: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. (New), Proposed Rules for the Licensing Requirements for Farmed Cervids
PROPOSED RULE NUMBER: 2006-P27
CONCISE SUMMARY: This rule outlines criteria for licensing and inspection of domestic cervid (deer, elk and other cervids).
STATUTORY AUTHORITY: 7 MRSA 1333
RULE TITLE OR SUBJECT: Ch. (New), Proposed Rules for the participation in the Maine Chronic Wasting Disease Surveillance Program
PROPOSED RULE NUMBER: 2006-P28
CONCISE SUMMARY: This rule outlines criteria for participating in the Chronic Wasting Disease Surveillance Program.
STATUTORY AUTHORITY: 7 MRSA 1821
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: Thursday, March 23, 2006, 10:00 a.m., Department of Agriculture, Food & Rural Resources, Room 319, Deering Building, Augusta, ME 04333-0028
DEADLINE FOR COMMENTS: Monday, April 3, 2006
AGENCY CONTACT PERSON: Shelley F. Doak, Director, Department of Agriculture, Food and Rural Resources, 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-7610


AGENCY: 02-039 - Department of Professional and Financial Regulation, Real Estate Commission
RULE TITLE OR SUBJECT:
Ch. 320, Agency/Designated Broker Responsibilities (to be repealed)
Ch. 330, Minimum Standards of Practice (to be repealed)
Ch. 360, Prerequisites to Licensure by Individuals
Ch. 390, Licensing Procedures and Requirements
Ch. 400, Agency/Designated Broker Responsibilities (replacement for current Ch. 320)
Ch. 410, Minimum Standards of Practice (replacement for current Ch. 330)
PROPOSED RULE NUMBER: 2006-P29 through P34
CONCISE SUMMARY: In this rulemaking proceeding the Commission proposes to:
Ch. 360:
- Prohibit real estate brokerage agencies from offering any training course other than the sales agent course
- Prohibit the sponsor of a training course from allowing anyone to use the school's premises or classroom to recruit new affiliates for any real estate brokerage company
- Lower the minimum amount of real estate course work in a degree program that qualifies a sales agent for licensure as a real estate broker from 12 credit hours to 9 credit hours.
Ch. 360 and 390:
- Consistent with 32 MRSA 13199, eliminate reference to the discontinued written associate broker examination
Ch. 400 (formerly Ch. 320):
- Strengthen the supervisory responsibilities of a designated broker for the conduct of affiliated brokers and the operation of the real estate brokerage agency
- Clarify the real estate brokerage agency's lack of trustee responsibility for earnest money accounts placed by agreement of the parties in something other than a real estate trust account held by the brokerage
- Increase the designated broker's time to deposit earnest money into the real estate brokerage agency's trust fund from 3 business days to 5 business days
- Establish a protocol for the return of undisputed earnest money deposit
- Require a designated broker to notify all parties of demands made by anyone party for a disputed earnest money deposit
- Reduces the notice period for a designated broker's release of a disputed earnest money deposit from 30 days to 5 days
- Establish a records retention schedule for real estate brokerage records
- Authorize the maintenance of real estate brokerage records in electronic format
- Clarify the designated broker's responsibility to produce records for inspection upon investigation or audit by the Commission, and clarifies that failure to provide records shall be grounds for disciplinary action
Ch. 410 (formerly Ch. 330):
- Define the advertising of real estate brokerage activity, and implement specific requirements and specific prohibitions with respect to the advertising of real estate brokerage activity
- Specify the circumstance in which a licensee may provide a free opinion of value to a buyer or seller without violating the statutory prohibition against an inspection, investigation or analysis of a property by a transaction broker
- Provide that a licensee who furnishes comparable market data for a buyer or seller to determine market value or list price is performing a "ministerial act" as defined in 32 MRSA 13271(9)
- Require a licensee to advise a buyer or seller client of any factors or conditions that may impact the client's interest as it pertains to the market value of real estate
- Require written disclosure to buyers and sellers of the company's policy on cooperating and compensating other companies and incentives to affiliated licensees, if the incentive provides for a greater commission for in-house sales
- Require licensees to give a copy of Real Estate Brokerage Relationships Form #3 to buyers and sellers at the first substantive communication regarding a real estate transaction
- Prohibit referral fees for directing a buyer or seller to a company or individual for financing, title or closing services, and require disclosure of certain other referral fees
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 13065
PUBLIC HEARING: March 23, 2006, 9:30 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, ME 04333
DEADLINE FOR COMMENTS: April 3, 2006
AGENCY CONTACT PERSON: Carol E. Leighton, Executive Director, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8520


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #04-06
PROPOSED RULE NUMBER: 2006-P35
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 2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8054 and 7 MRSA 2954
PUBLIC HEARING: March 17, 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: March 17, 2006
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521


ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Chronic Disease, Maine Breast and Cervical Health Program
CHAPTER NUMBER AND TITLE: Ch. 707, Rules Relating to the National Breast and Cervical Cancer Early Detection Program (NBCCEDP) in Maine
ADOPTED RULE NUMBER: 2006-85
CONCISE SUMMARY: These rules are created to implement the requirements of the Centers for Disease Control and Prevention (CDC)'s Cooperative Agreement with DHHS for the implementation of the state-based National Breast and Cervical Cancer Early Detection Program, operating as the Maine Breast and Cervical Health Program (MBCHP). These rules are necessary to process daily enrollment applications received by the MBCHP and to establish protocol in determining eligibility to the screening program
EFFECTIVE DATE: February 26, 2006
AGENCY CONTACT PERSON: Celeste Philippon, MS, RN, Assistant Program Director, Maine Breast and Cervical Health Program, 11 State House Station, 286 Water Street, Key Plaza, 4th Floor, Augusta, ME 04333
TELEPHONE: (207) 287-3994


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #03-06
ADOPTED RULE NUMBER: 2006-86
CONCISE SUMMARY: Minimum March 2006 Class I price is $15.74 plus $0.89/cwt. for Producer Margins, an over-order premium of $1.10/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $19.33 that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm.
EFFECTIVE DATE: February 26, 2006
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521


AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 50, Prices for Data Sets, Fees for Programming and Report Generation, Duplication Rates
ADOPTED RULE NUMBER: 2006-87
CONCISE SUMMARY: This rule eliminates the requirement that fees be waived for clinical data sets and other data files for the Bureau of Insurance. Fees for data may be waived or reduced for all departments and agencies of government. It also adds language to indicate the end date that non-hospital ambulatory services data is available to the public.
CHAPTER NUMBER AND TITLE: Ch. 241, Uniform Reporting System for Hospital Inpatient and Hospital Outpatient Data Sets
ADOPTED RULE NUMBER: 2006-88
CONCISE SUMMARY: This rule adopted rule adds additional data elements and includes new modes of reporting the required data sets. Timelines, record formats and submittal requirements are also being modified. This rule entirely replaces the existing language found in Ch. 241.
CHAPTER NUMBER AND TITLE: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
ADOPTED RULE NUMBER: 2006-89
CONCISE SUMMARY: This adopted rule corrects errors in the technical appendices and adds new data elements. It also excludes health care claims processors with less than 50 enrolled or covered Maine residents from filing health care claim data sets.
CHAPTER NUMBER AND TITLE: Ch. 300, Uniform Reporting System for Hospital Financial Data
ADOPTED RULE NUMBER: 2006-90
CONCISE SUMMARY: This adopted rule adds the requirement for all Maine Hospitals to complete and return annually the Maine Hospital Standardized Accounting Template for their unconsolidated (hospital only) functions. It also adds a provision to include the standard, notification, and response of financial data submitted, and extends the filing deadline. This rule eliminates the requirement for hospitals to submit mammography data, discounts rates, and copies of their current Medicaid Tefra Audit Settlement report.
CHAPTER NUMBER AND TITLE: Ch. 700, Criteria and Standards for Price Lists at Hospitals and Ambulatory Surgical Facilities.
ADOPTED RULE NUMBER: 2006-91
CONCISE SUMMARY: This new rule will outline criteria and standards to assist hospitals and ambulatory surgical facilities with the establishment of consumer price lists on specific procedures. This rule will allow consumers to compare health care prices for specific procedures.
See www.maine.gov/mhdo for MHDO adopted rules.
EFFECTIVE DATE: February 28, 2006
CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722