Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

March 22, 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: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 24, Home Energy Assistance Program Rule
PROPOSED RULE NUMBER: 2006-P14 (comment deadline extended)
CONCISE SUMMARY: A Notice of Agency Rule-Making Proposal concerning adoption of the Home Energy Assistance Program Rule was published in the State's major newspapers on February 1, 2006. A public hearing was held on February 21, 2006 and the public comment period was held open until March 3, 2006. In response to comments that Maine State Housing Authority (MSHA) received on a provision in the amendment allowing MSHA to issue a request for proposals to select one or more vendors to service customers within a defined geographic area, MSHA is deleting that provision from the proposed amendment. MSHA is also eliminating the references to cash price and supplier payment plans.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4722(1)(W), 4741(15), and 4991 et seq.
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: Friday, April 21, 2006, 5:00 p.m.
Please submit comments at the following address: Attn: Linda Uhl, Esq., Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633. Comments may be submitted electronically to luhl@mainehousing.org by the comment deadline, provided that an original signed hard copy of the comments is promptly mailed to the above address. MSHA will provide this document in alternative formats to persons with disabilities and persons with limited English proficiency upon request.
AGENCY CONTACT PERSON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 16-222 - Bureau of State Police
RULE TITLE OR SUBJECT: Ch. 6, Transportation of Hazardous Materials
PROPOSED RULE NUMBER: 2006-P53
CONCISE SUMMARY: These Rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the Transportation of hazardous materials in commerce as found in Title 49 Code of Federal Regulations Parts 107, 171, 172, 173, 174, 177, 178, 179, 180,387 and 397.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 25 MRSA Section 2103-A
PUBLIC HEARING): None Planned
DEADLINE FOR COMMENTS: April 21, 2006
AGENCY CONTACT PERSON: John Fraser, Bureau of State Police, # 20 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8939


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 95, Podiatric Services
PROPOSED RULE NUMBER: 2006-P54
CONCISE SUMMARY: The Office of MaineCare Services is proposing changes to the MaineCare Benefits Manual, Ch. II Section 95, Podiatric Services. The Department previously repealed Ch. III Section 95 of the MaineCare Benefits Manual but allowed podiatrists to continue to use local codes for billing purposes. The local codes will become obsolete upon the effective date of the final rulemaking and will no longer be valid billing codes. The Department has implemented changes in the Maine Claims Management System (MeCMS) to allow podiatrists to bill standard Current Procedural Terminology (CPT) codes and HealthCare Common Procedure Coding System (HCPCS) codes in place of the obsolete local codes. This HIPAA compliant change allows for a more uniform method of billing for professional services. The Department also proposes several other structural, administrative, grammatical and clarifying changes within this rulemaking.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rule making documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173.
PUBLIC HEARING: Date: April 11, 2006, 9:00 a.m.
Location: Conference Room # lA, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before April 5, 2006.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on April 23, 2006.
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner,
Office of Maine Care 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: 10-144 - Department of Health and Human Services, Office of Maine Care Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 102, Rehabilitative Services
PROPOSED RULE NUMBER: 2006-P55
CONCISE SUMMARY: The Department is proposing revisions to recently adopted language in Ch. II Section 102, Rehabilitative Services. The rule change adopted February 21, 2006 added new language to clarify the number of MaineCare members allowed to participate in a group session and which staff are allowed to conduct the session. The Department has reconsidered the standards set in the previous rulemaking, and will change the rule based on the current standard practice of all the providers of Rehabilitative Services.
The Department proposes to change the rule by adding "other qualified staff' to the list of staff who may conduct group sessions.
See http://www.maine.gov/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMP ACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: None Scheduled
DEADLINE FOR COMMENTS: Comments must be received by April 21, 2006, 11:59 p.m.
AGENCY CONTACT PERSON: Jane Connors, Comprehensive Health Planner, Office of Maine Care Services, 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 or Hard of Hearing)


ADOPTIONS

AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 305, Licensing Requirements, Annual Reporting, Enforcement and Consumer Protection Provisions for Competitive Provision of Electricity
ADOPTED RULE NUMBER: 2006-114
CONCISE SUMMARY: Through this rulemaking, the Commission adopted a market risk disclosure requirement. The Commission also modified the definition of "broker" to make it consistent with the statutory definition. Finally, a variety of amendments were adopted to make the rule consistent with statutory changes and to improve the operation of the rule based on our experience in implementing the licensing requirements.
EFFECTIVE DATE: March 19, 2006
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 06-096 - Board of Environmental Protection
CHAPTER NUMBER AND TITLE: Amendment to Ch. 1000, State of Maine Guidelines for Municipal Shoreland Zoning Ordinances
ADOPTED RULE NUMBER: 2006-115
CONCISE SUMMARY: This rule amends the minimum requirements for municipal shoreland zoning ordinances, pursuant to the Mandatory Shoreland Zoning Act (38 MRSA section 438-A(1). Amendments include, among other changes: the addition of statewide timber harvesting standards; a new General Development II district; modification of the standards for vegetative buffers; and increased structure setback requirements for structures adjacent to unstable and highly unstable coastal bluffs.
The amendments also update the criteria for designating areas adjacent to certain wetlands as Resource Protection. Areas within 250 feet of moderate and high value waterfowl and wading bird habitat as of May 1, 2006 are to be zoned for Resource Protection.
EFFECTIVE DATE: May 1, 2006
AGENCY CONTACT PERSON: Richard P. Baker, Department of Environmental Protection, State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7730


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 32.12, Elver Fishing in Franklin
ADOPTED RULE NUMBER: 2006-116
CONCISE SUMMARY: Fishing for elvers in Mill Brook, Franklin, between the dates of May 1 and May 31, will be by dip net only within 327 feet (109 yards) downstream of the bridge that crosses Mill Brook on the Grist Mill Road in the town of Franklin. This adopted regulation is intended 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.
EFFECTIVE DATE: March 20, 2006
AGENCY CONTACT PERSON: Laurice U. Churchill, Department of Marine Resources, 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: 94-411 - Maine State Retirement System
CHAPTER NUMBER AND TITLE: Ch. 405, Rate of Regular Interest
ADOPTED RULE NUMBER: 2006-117
CONCISE SUMMARY: This rule is repealed in its entirety. The rule was incorrect as to the interest rate currently in place, was inconsistent with the authorizing legislation and did not reflect the Board's current practice.
CHAPTER NUMBER AND TITLE: Ch. 407, Contributions on Lump Sum Salary Payments under P&S Laws of 1985, Ch. 145, 146 & 147
ADOPTED RULE NUMBER: 2006-118
CONCISE SUMMARY: This rule is repealed in its entirety. The rule applied only to a time frame that has long since expired and is no longer relevant to the System's processes.
CHAPTER NUMBER AND TITLE: Ch. 409, Contributions on Lump Sum Salary Payments under P&S Laws of 1987, Ch. 45
ADOPTED RULE NUMBER: 2006-119
CONCISE SUMMARY: This rule is repealed in its entirety. The rule applied only to a time frame that has long since expired and is no longer relevant to the System's processes.
CHAPTER NUMBER AND TITLE: Ch. 502, Review of Eligibility of Recipients of Disability Retirement Allowances
ADOPTED RULE NUMBER: 2006-120
CONCISE SUMMARY: This rule is repealed in its entirety. This rule was inconsistent with current procedures and was unnecessary, adding nothing to the relevant statute.
CHAPTER NUMBER AND TITLE: Ch. 503, Retirees Engaged on a Contractual Basis
ADOPTED RULE NUMBER: 2006-121
CONCISE SUMMARY: This rule is repealed in its entirety. This rule has been superseded by Ch. 410 of the Board's rules.
CHAPTER NUMBER AND TITLE: Ch. 504, Reemployment of Disability Retirement Benefits Formerly Employed as State Employees or Teachers
ADOPTED RULE NUMBER: 2006-122
CONCISE SUMMARY: This rule is repealed in its entirety. This rule was unnecessary as it added nothing to the relevant statute, but rather simply repeated it.
CHAPTER NUMBER AND TITLE: Ch. 506, Rehabilitation of Recipients of Disability Retirement Benefits
ADOPTED RULE NUMBER: 2006-123
CONCISE SUMMARY: This rule is repealed in its entirety. This rule was inconsistent with the current statute and current System procedure.
CHAPTER NUMBER AND TITLE: Ch. 701, Rules of Practice Governing Adjudicatory Proceedings before the M.S.R.S. Board of Trustees
ADOPTED RULE NUMBER: 2006-124
CONCISE SUMMARY: This rule is repealed in its entirety. This rule was superseded by Ch. 702 of the System's rules and was "implicitly" repealed in 1997 by Ch. 508 of the System's rules.
EFFECTIVE DATE: March 20, 2006
AGENCY CONTACT PERSON: Kathy J. Morin, Maine State Retirement System, 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or 1 (800) 451-9800