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Weekly Rulemaking Notices Contact Us Find It

March 8, 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. 322, Frozen Dessert Products Standards and Regulations
PROPOSED RULE NUMBER: 2006-P36
CONCISE SUMMARY: This rule outlines standards for making frozen dairy desserts in Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §2910
PUBLIC HEARING:, Wednesday, March 29, 2006, 10:00 a.m. Department of Agriculture, Food & Rural Resources, Room 319, Deering Building, Augusta, ME 04333-0028
DEADLINE FOR COMMENTS: Monday, April 10, 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: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 323, Weight and Sample Milk
PROPOSED RULE NUMBER: 2006-P37
CONCISE SUMMARY: This rule outlines standards for the weighing and sampling of milk.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §2910
PUBLIC HEARING: Wednesday, March 29, 2006, 10:00 a.m. Department of Agriculture, Food & Rural Resources, Room 319, Deering Building, Augusta, ME 04333-0028
DEADLINE FOR COMMENTS: Monday, April 10, 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: 01-001 – Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 328, Rules Governing the Licensing and Inspection of Farm Cheese
PROPOSED RULE NUMBER: 2006-P38
CONCISE SUMMARY: This rule outlines licensing and inspection standards for making farm cheese.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §2910
PUBLIC HEARING): Wednesday, March 29, 2006, 10:00 a.m., Department of Agriculture, Food & Rural Resources, Room 319, Deering Building, Augusta, ME 04333-0028
DEADLINE FOR COMMENTS: Monday, April 10, 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: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Proposed Revisions to Ch. 329, Rules Governing Maine Milk and Milk Products
PROPOSED RULE NUMBER: 2006-P39
CONCISE SUMMARY: This rule outlines criteria for permitting, licensing and inspection of dairy farms and milk and milk distributors (processors).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §2910
PUBLIC HEARING: Wednesday, March 29, 2006, 10:00 a.m., Department of Agriculture, Food & Rural Resources, Room 319, Deering Building, Augusta, ME 04333-0028
DEADLINE FOR COMMENTS: Monday, April 10, 2006
AGENCY CONTACT PERSON: Shelley F. Doak, Director
AGENCY NAME: Department of Agriculture, Food and Rural Resources, 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-7610

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.08(A)(3), Double Tagging in Zone G & Zone F
PROPOSED RULE NUMBER: 2006-P40
CONCISE SUMMARY: The Commissioner proposes a double lobster trap tagging provision that uses removable tags by non-Zone G lobstermen, who fish in Zone G, when fishing traps in Zone G, and by non-Zone F lobstermen, who fish in Zone F, when fishing traps in Zone F, in order to increase the Marine Patrol’s ability to enforce the current 49/51% trap component of the Lobster Zone Limited Entry rules of Zone G and Zone F. This proposed tagging requirement would be effective September 1, 2006.
STATUTORY AUTHORITY: 12 MRSA §6446(3)
AGENCY CONTACT PERSON: Col. Joe Fessenden (tel: (207) 624-6550)
PUBLIC HEARING: Thursday, March 30, 2006, 6:00 PM, Scarborough Town Hall – Municipal Building, 259 US Route One, Scarborough
DEADLINE FOR COMMENTS: Monday, April 10, 2006
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
MAIL WRITTEN COMMENTS TO:
AGENCY NAME: Department of Marine Resources
ADDRESS: attn. L. 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) 287-5055


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 25, Dental Services
PROPOSED RULE NUMBER: 2006-P41
CONCISE SUMMARY: The Office of MaineCare Services is proposing changes to the MaineCare Benefits Manual, Ch. II & III Section 25, Dental Services. The Department has also proposed new language for preventive and non-covered services for clarification purposes. Additional changes made in this rulemaking are to clarify reimbursement and prior authorization requirements for orthodontics, orthognathic surgery and adult services. The Department incorporated the Cleft Lip and Palate Services into the orthodontic services section and made modifications to clarify the services that are provided.
This rulemaking also identifies covered services by provider type for denturists and hygienists. The Department is discontinuing the supplemental payment coding to general dentists for establishing new patients and is replacing it with an equitable rate increase in codes for restorative services and extractions. The proposed rule updates Ch. III of Section 25 to include the addition of new procedure codes and the deletion of obsolete coding. This change allows MaineCare to mirror the Healthcare Common Procedure Coding System (HCPCS) and the American Dental Association's edition of Current Dental Terminology (CDT 5) for a more uniform billing of professional dental services. The Department proposes several other structural, administrative and grammatical changes within this rulemaking.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING: March 27, 2006, 9:00 a.m., Conference Room #3, 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 March 21, 2006.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on April 6, 2006
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner, Office of MaineCare Services, 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 or Hard of Hearing)

AGENCY: 01-026 – Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Board of Pesticides Control Rules:
Amendment to Ch. 22, Standards for Outdoor Application by Powered Equipment
Amendment to Ch. 28, Notification Provisions for Outdoor Applications
Amendment to Ch. 40, Maine Restricted and Limited Use Pesticides
PROPOSED RULE NUMBER: 2006-P42, P43, P44
CONCISE SUMMARY: On January 19, 2006, representatives of the Toxics Action Center and Environment Maine submitted over 150 verified signatures on each of three petitions to amend the Boards’ regulations. The Board is required under the Maine Administrative Procedure Act to initiate rule-making within 60 days. The first petition seeks to amend Chapter 22 to prohibit aerial agricultural application in Maine. The second petition seeks to amend Chapter 28 to rescind the fee for persons applying to be on the Pesticide Notification Registry for Non-Agricultural Pesticide Applications. It also requires that commercial applicators provide Material Safety Data Sheets to persons requesting further information but allows them to be provided electronically. The third petition seeks to amend Chapter 40 to prohibit the agricultural use of organophosphate pesticides.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §§ 8051 et seq., 7 MRSA §§ 601-625 and 22 MRSA §§ 1471-A-X.
PUBLIC HEARING: 7:00 p.m. on Thursday, March 30, 2006 and 8:30 a.m. on Friday, March 31, 2006 in the Emerald Banquet Room at the Bangor Motor Inn, 701 Hogan Road, Bangor
DEADLINE FOR COMMENTS: 4:00 p.m. Friday, April 14, 2006
AGENCY CONTACT PERSON: Robert I. Batteese, Jr., Board of Pesticides Control, 8 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731
FAX: (207) 624-5003
E-MAIL: robert.batteese@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/laws/rulemaking.htm

AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Rev. #80P: Eliminates Work Participation Exemption for Spouse of SSI Recipient
PROPOSED RULE NUMBER: 2006-P45
CONCISE SUMMARY: This rule change eliminates the exemption from ASPIRE/TANF participation for parents and caretaker relatives whose TANF or PaS eligibility is based on incapacity because the second parent or caretaker relative is an SSI recipient.
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 10, 2006
AGENCY CONTACT PERSON Dean Henderson, TANF Program Manager
AGENCY NAME: Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: 1 (800) 606-0215 (Deaf/Hard of Hearing)

AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Rev. #79P: Expands the Alternative Aid Program.
PROPOSED RULE NUMBER: 2006-P46
CONCISE SUMMARY: This rule expands the availability of Alternative Aid benefits from once in a lifetime to once in any 12-month period.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3769-A and 22 MRSA §3763(8)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 10, 2006
AGENCY CONTACT PERSON Dean Henderson, TANF Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: 1 (800) 606-0215 (Deaf/Hard of Hearing)

AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, Rev. #230P
PROPOSED RULE NUMBER: 2006-P46
CONCISE SUMMARY: This rule change removes the Federal Poverty Level Chart (Chart VI) from the MaineCare Eligibility Manual and instead provides references at select places in the manual for obtaining the most current list of Federal Poverty Level Amounts. The Federal Poverty Level amounts for 2006 have been published in the Federal Register effective January 24,2006. This rule change also updates the Full Standard Utility Allowance and the non-heat individual utility standard (Appendix C) used in the computation of the Nursing Home community spouse monthly income allowance.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 7, 2006
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager, Department of Health and Human Services, 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)


ADOPTIONS

AGENCY: 02-029 - Department of Professional and Financial Regulations, Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Ch. 109, Regulation #9, Advertising by Financial Institutions, Financial Institution Holding Companies and Subsidiaries or Service Corporations
ADOPTED RULE NUMBER: 2006-92
CONCISE SUMMARY: This regulation repeals and replaces Ch. 109, Regulation #9, which was last amended in 1986. Since 1986, a number of state and federal laws and rules governing distribution of nondeposit investment products have been promulgated. In addition, disclosure and advertising requirements for credit related products have also been strengthened. Therefore, this regulation narrows the focus of the Bureau advertising guidelines to deposit products and services. It also adopts advertising guidelines for consumer deposit accounts similar to the rules issued under federal law.
EFFECTIVE DATE: March 5, 2006
AGENCY CONTACT PERSON: Colette L. Mooney, Deputy Superintendent, Bureau of Financial Institutions, State House Station #36, Augusta, ME 04333-0036
TELEPHONE: (207)624-8574


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 32, State Low Income Home Energy Assistance Program Rule
ADOPTED RULE NUMBER: 2006-93
CONCISE SUMMARY: The State Low Income Home Energy Assistance Program Rule is being adopted for the administration of funds from other than federal resources which MSHA may receive to provide fuel assistance to low income households in the State of Maine.
AGENCY CONTACT PERSON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207) 626-4600

AGENCY: 10-144 – Department of Health and Human Services
CHAPTER NUMBER AND TITLE: Ch. 24, Purchase of Service Rule. Also repeals 10-144 Ch. 102, 10-144 Ch. 608, 10-149 Ch. 3, 14-191 Ch. 9, 14-191 Ch. 45, 14-193 Ch. 3, 14-197 Ch. 1, and portions of 10-148 Ch. 5 and 14-118 Ch. 1.
ADOPTED RULE NUMBERS: 2006-94 through 102
CONCISE SUMMARY: This rule establishes the Department's policies governing its purchase of services of the Department of Health and Human Services (DHHS). The Division of Purchased Services manages the agreements of DHHS.
EFFECTIVE DATE: March 5, 2006
AGENCY CONTACT PERSON: Marie Hodgdon, Department of Health and Human Services, State House Station 11, Marquardt B1dg. 2nd Floor, East Side Campus Augusta, ME 04333
TELEPHONE: (207) 287-3774