Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Newspaper Notices > May 17, 2006

May 17, 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 internet at: http://www.maine.gov/sos/cec/rules.


PROPOSALS


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 90, Physician Services
PROPOSED RULE NUMBER: 2006-P106
CONCISE SUMMARY: The Office of MaineCare Services is proposing changes to Section 90.05 of the MaineCare Benefits Manual, Ch. II, Section 90, Physician Services. This change proposes that MaineCare cover cochlear implants for prelinguistically and postlinguistically deafened children ages one and older. The proposed rule also updates the criteria for cochlear implants for all members and makes technical corrections for clarification.
See http://www.maine.gov/bms/rules/gen_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:
Date: Thursday, June 8, 2006, 11:00 a.m.
Location: Conference Room 4, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04333. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before Tuesday June 6, 2006.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m., Tuesday, June 20, 2006.
AGENCY CONTACT PERSON: Wendy M. Alley, Comprehensive Health Planner II, Office of Maine Care Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011


ADOPTIONS


AGENCY: 02-039 - Department of Professional and Financial Regulation, Real Estate Commission
CHAPTER NUMBER AND TITLE:
Ch. 320, Agency/Designated Broker Responsibilities (repealed)
Ch. 330, Minimum Standards of Practice (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)
ADOPTED RULE NUMBER: 2006-188 through 193
CONCISE SUMMARY:
Ch. 360
- Permits proprietary schools to offer qualifying educational programs
- Prohibits 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
- Lowers 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
- Consistent with 32 MRSA 13199, eliminates reference to the discontinued written associate broker examination
Ch. 390
- Consistent with 32 MRSA 13199, eliminates reference to the discontinued written associate broker examination
Ch. 400
- Strengthens the supervisory responsibilities of a designated broker for the conduct of affiliated brokers and the operation of the real estate brokerage agency
- Clarifies 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
- Increases 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
- Establishes a protocol for the return of undisputed earnest money deposit
- Requiring 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
- Establishing a records retention schedule for real estate brokerage records
- Authorizes the maintenance of real estate brokerage records in electronic format
- Clarifies the designated broker's responsibility to produce records for inspection upon investigation or audit by the Commission, and clarifying that failure to provide records shall be grounds for disciplinary action
Ch. 410
- Defines the advertising of real estate brokerage activity, and implementing specific requirements and specific prohibitions with respect to the advertising of real estate brokerage activity
- Specifies 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
- Provides that a licensee who furnishes comparable market data for the buyer or seller to determine market value or list price is performing a "ministerial act" as defined in 32 MRSA 13271(9)
- Requires a licensee to advise a buyer or seller client of any factors or conditions actually known by the licensee, or if acting in a reasonable manner, should have been known by the licensee, that may impact the client's interest as it pertains to the market value of real estate
- Requires 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
- Requires licensees to give a copy of the Real Estate Brokerage Relationships Form to buyers and sellers at the first substantive communication regarding a real estate transaction
- Prohibits referral fees for directing a buyer or seller to a company or individual for financing, title or closing services, and requiring disclosure of certain other referral fees
EFFECTIVE DATE: July 1, 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: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Certification Manual, Rev. #147A: Categorical Eligibility
ADOPTED RULE NUMBER: 2006-194
CONCISE SUMMARY: This rule will allow categorical eligibility for one and two member households who meet the expanded categorical criteria and who do not meet the net income test and also for such households of three or more whose net food stamp income exceeds the net test, but for which a benefit amount could be calculated.
EFFECTIVE DATE: May 2006
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp 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) 287-5093
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch: 301, Food Stamp Certification Manual, Rev. #148A: Utility Standards
ADOPTED RULE NUMBER: 2006-195
CONCISE SUMMARY: This rule will increase the full standard utility allowance as well as the non-heat utility allowance when determining the benefit amount for eligible households. The increased allowances are the result of increased costs for fuel and other utilities. Not all households will receive an increase in benefits. The full standard utility allowance for those incurring heating/cooling costs or receiving LIHEAP will increase from $401 to $450 a month. The non-heating standard allowance will increase from $162 a month to $182 a month.
EFFECTIVE DATE: February 1, 2006
AGENCY CONTACT PERSON: Richard P. Morrow, 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) 287-5093
TTY: (207) 287-6948


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 335, Significant Wildlife Habitat
ADOPTED RULE NUMBER: 2006-196
CONCISE SUMMARY: Legislation was enacted during the first session of the 121st Legislature making amendments to Sec. 2. 38 MRSA 480-B, sub-10. The legislation removed the mapping requirements for three types of significant wildlife habitats: significant vernal pools habitat; high and moderate value waterfowl and wading bird habitat including nesting and feeding areas; and shorebird nesting, feeding and staging areas. At the same time, the Legislature enacted Resolve, Regarding Legislative Review of Ch. 335: Significant Wildlife Habitat, a major Substantive Rule of the Department of Environmental Protection" and directed the Department to set criteria for regulating significant vernal pools, high to moderate value waterfowl and wading bird habitats, and shorebird nesting, feeding, and staging habitats...
On September 28, 2005, the Board posted to public hearing revisions to Ch. 335 as proposed by the Department of Environmental Protection. The Board held a public hearing on October 20, 2005 to receive comments on the proposed revisions. The written comment period ended on October 31, 2005.
The Board of Environmental Protection provisionally adopted the proposed revisions to Ch. 335 on December 1, 2005. The second session of the l22nd Legislature approved these proposed revisions. The Board of Environmental Protection finally adopted the proposed revisions on April 20, 2006.
The amended Ch. 335 defines and describes criteria for attaining significant wildlife habitat status for these three wetland-based habitats, explains State regulatory concerns, and describes avoidance, minimization, and compensation measures that may eliminate or reduce adverse impacts to significant wildlife habitat Amendments primarily serve to clarify standards, permitting, and implementation provisions for these significant wildlife habitats, with the majority of the changes occurring in the section relating to significant vernal pools.
EFFECTIVE DATE: June 8, 2006
AGENCY CONTACT PERSON: James Cassida, Licensing Coordinator, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7691
E-MAIL: james.cassida@maine.gov


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 355, Coastal Sand Dune Rules
ADOPTED RULE NUMBER: 2006-197
CONCISE SUMMARY: Legislation was enacted during the first session of the 121st Legislature making amendments to Ch. 355, Coastal Sand Dune Rules, major substantive rules. The Board provisionally adopted an amended Ch. 355 on June 19, 2003.
The second session of the 121st Legislature approved the provisionally adopted amendments to the rules with the provision that Ch. 355 would be repealed, effective April 1, 2006. At the same time, the Legislature enacted a resolve that established a Sand Dune Stakeholder Group to address certain sections of the rules. The stakeholder group considered a range of issues dealing with the reconstruction of storm damaged structure, seawalls, the definition of high velocity flooding areas, mitigation requirements, standards for beach nourishment and a number of changes to definitions contained in the. On June 3, 2004, the Board gave final approval to the amended Ch. 355 rules. The amended rules became effective July 15, 2004.
On June 16, 2005, the Board posted to public hearing revisions to Ch. 355 proposed by the Sand Dune Stakeholder Group. The Board held a public hearing on August 11, 2005 to receive comments on the proposed revisions. The written comment period ended on August 25, 2005. The Board of Environmental Protection provisionally adopted the proposed revisions to Ch. 355 on November 17, 2005. The second session of the 122nd Legislature approved these proposed revisions. The Board of Environmental Protection finally adopted the proposed revisions on April 20, 2006.
The proposed amendments: 1) establish stricter standards for reconstruction of buildings severely damaged from wave action from ocean storms in frontal dune areas outside of V Zones; 2) require that all reconstructed buildings in frontal dunes to be moved back to the extent practicable; 3) require a permit to be applied for within a specified time period after emergency measures are taken to protect a threatened or damaged seawall; 4) require the use of the most current mapped V Zone in determining compliance with applicable standards; 5) amend the definitions of coastal wetland and significant wildlife habitat to reflect recent statutory changes; 6) establish mitigation and enhancement measures for all projects; 7) establish new standards for large beach nourishment projects; 8) allow construction of elevators and ramps for handicap access without a requirement to meet American Disabilities Act requirements; and allow modifications to existing seawalls.
EFFECTIVE DATE: June 8, 2006
AGENCY CONTACT PERSON: Jeff Madore, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2848


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 252, Public Interest Payphone Program
ADOPTED RULE NUMBER: 2006-198
CONCISE SUMMARY: This rulemaking establishes a process for reviewing and approving requests for Public Interest Payphones (PIPs) and also provides procedures for the selection and compensation of PIP providers.
EFFECTIVE DATE: May 16, 2006
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 02-031 Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 845, Standards for Minimum Interest Payments to Health Care Providers on Overdue Claims
ADOPTED RULE NUMBER: 2006-199
CONCISE SUMMARY: The purpose of this rule is to establish minimums for interest due on overdue undisputed claims to health care providers before an interest payment must be issued.
EFFECTIVE DATE: May 16, 2006
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452