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Home > Weekly Newspaper Notices > October 18, 2006

October 18, 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: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 322, Frozen Dessert Products Standards and Regulations
PROPOSED RULE NUMBER: 2006-P259
CONCISE SUMMARY: This rule outlines standards for making frozen dairy desserts in Maine.
RULE TITLE OR SUBJECT: Ch. 323, Weight and Sample Milk
PROPOSED RULE NUMBER: 2006-P260
CONCISE SUMMARY: This rule outlines standards for the weighing and sampling of milk.
RULE TITLE OR SUBJECT: Ch. 328, Rules Governing the Licensing and Inspection of Farm Cheese
PROPOSED RULE NUMBER: 2006-P261
CONCISE SUMMARY: This rule outlines licensing and inspection standards for making farm cheese.
RULE TITLE OR SUBJECT: Proposed Revisions to Ch. 329, Rules Governing Maine Milk and Milk Products
PROPOSED RULE NUMBER: 2006-P262
CONCISE SUMMARY: This rule outlines criteria for permitting, licensing and inspection of dairy farms and milk and milk distributors (processors).
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §2910
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: Monday, November 20, 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: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 340, Mortality Tables for Use in Determining Minimum reserves and Nonforfeiture Benefits
PROPOSED RULE NUMBER: 2006-P263
CONCISE SUMMARY: The purpose of the amendment is to recognize and permit the use of mortality tables that reflect differences in mortality between Preferred and Standard lives in determining minimum reserve liabilities for life insurance.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This rule is promulgated by the Superintendent pursuant to Title 24-A MRSA §§ 212, 953 and 2532-A.
PUBLIC HEARING: No hearing is scheduled for this rule amendment.
DEADLINE FOR COMMENTS: November 17, 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. 917, Suitability in Annuity Transactions
PROPOSED RULE NUMBER: 2006-P264
CONCISE SUMMARY:
A. The purpose of this regulation is to set forth standards and procedures for recommendations to consumers that result in a transaction involving annuity products so that the insurance needs and financial objectives of consumers at the time of the transaction are appropriately addressed. B. Nothing herein shall be construed to create or imply a private cause of action for a violation of this regulation.
This rule was previously proposed, but not adopted. This new proposal changes the original one in three ways:
1) Originally, it was a "senior" suitability rule, applicable only to consumers over 60. Now it applies to everyone.
2) We intended to remove Section 6(C)(1)(c) from the way the NAIC Model works originally, but it didn't come out in the publicly proposed rule before. This one deletes Section 6(C)(1)(c).
3) We have made a change to a provision that relates to compliance with NASD suitability rules for variable annuities, by saying those rules have to be at least as protective of the consumer's interests as this one.
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: A public hearing is scheduled for November 9, 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: November 20, 2006
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Proposed Rule Changes Regarding Commission’s Permit Application Fees, affecting Ch. 1, General Provisions, and Ch. 10, Land Use Districts and Standards
PROPOSED RULE NUMBER: 2006-P265 and P266
CONCISE SUMMARY: Ch. 1 of the Commission’s rules establishes a fee schedule for the Commission. This proposed revision attempts to create a more equitable method of establishing application fees based on an initial base fee and then additions based on the amount of development proposed. Those projects with larger and more intensive, and typically more complex and staff time consuming applications, will be required to pay a fee more commensurate with the proposed development. A minor change regarding permit fees is also proposed to Ch. 10 of the Commission’s rules to make that Ch. consistent with the proposed changes to Ch. 1.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §684 and §685-C (3) and (5)
PUBLIC HEARING: No public hearing will be held.
DEADLINE FOR COMMENTS: Friday, November 17, 2006
AGENCY CONTACT PERSON: Scott Rollins, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: (207) 287-4935
E-MAIL: scott.rollins@maine.gov



AGENCY: 14-118 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
RULE TITLE OR SUBJECT: Repeal of Ch. 4, Regulations for Licensing and Certifying of Substance Abuse Treatment Programs, and Ch. 4A, Regulations for Licensing of Private Non-medical Institutions Providing Residential Substance Abuse Treatment. Replace with Ch. 5, Regulations for Licensing and Certifying of Substance Abuse Treatment Programs
PROPOSED RULE NUMBER: 2006-P267 through P269
CONCISE SUMMARY: Changes in these regulations reflect changes in the delivery of services since the previous regulations were promulgated. There has been a great deal of change in the field of addiction medicine over the past ten years and these regulations update licensing requirements to reflect those changes. Some of the regulations have been changed to conform with changes in federal regulation as well.
They also make technical changes to coincide with the merger of the “Department of Behavioral and Developmental Services” (BDS) and the “Department of Human Services” (DHS) into the Department of Health and Human Services (DHHS).
Ch. 5 now has specific areas devoted strictly to Private Non-Medical Institutions (PNMI), thereby eliminating the need for two separate sets of regulations and making it easier on providers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §20005(6) and 22-A MRSA §205(2)
PUBLIC HEARING: No public hearing is scheduled. A public hearing will be held if requested by any five interested persons.
DEADLINE FOR COMMENTS: November 17, 2006
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Regulatory Services, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9250
TTY: (800) 606-0215
E-MAIL: peter.mauro@maine.gov



AGENCY: 06-096 - Board of Environmental Protection
RULE TITLE: Ch. 872, Exemptions from the Ban on Sale of Mercury-Added Switches, Relays and Measuring Devices
PROPOSED RULE NUMBER: 2006-P271
CONCISE SUMMARY: The rule establishes the procedure by which the manufacturer or user of a mercury relay, switch, instrument or measuring device may apply for an exemption from the sales prohibition under the Maine Revised Statutes, Title 38, section 1661-C, subsections 6 and 7.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §§ 352(1) and 1661-C(8).
PUBLIC HEARING: The board does not plan to hold a public hearing on the proposed rule. You may request a hearing by submitting your request in writing to the address below on or before November 17, 2006. The request must describe your interest in the rule and state why you believe a hearing is warranted.
DEADLINE FOR COMMENTS: You are invited to submit written comments on the proposed rule, a copy of which can be obtained from the contact person below. The deadline for written comment is Friday, November 17, 2006. Comments may be submitted by mail, e-mail or FAX. To ensure consideration, include your name and the organization you represent, if any.
CONTACT PERSON, John James, DEP-BRWM, 17 State House Station, Augusta ME 04330
TELEPHONE: (207) 287-7866
FAX: (207) 287-7826
E-MAIL: john.james@maine.gov


ADOPTIONS



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. #232A: Sections 1500, 1511(II), 1530, 3200.07, 3560(II), 5090, and Chart III(L)
ADOPTED RULE NUMBER: 2006-444
CONCISE SUMMARY: This rule change:
1. Implements a monthly premium requirement for children who are covered under the MaineCare Katie Beckett coverage group.
2. Eliminates 12 months continuous coverage for the Katie Beckett coverage group. This means that MaineCare coverage ends when the individual no longer meets eligibility requirements instead of continuing for 12 months, regardless of changes that take place.
3. Clarifies that there is no MaineCare coverage of up to 3 months prior to the month of application for the Non-Categorical coverage group.
4. Rewords related portions of the MaineCare Eligibility Manual to clarify their meaning.
5. Deletes old Spousal Living Allowance amounts (1998-2003) to make room for the new Katie Beckett premium chart.
EFFECTIVE DATE: October 11, 2006. This policy change will not go into effect until a waiver is approved in writing by the Center for Medicare and Medicaid Services, and the Department of Health and Human Services files a copy of that approval with the Secretary of State. The effective date will be the date of the filing of that copy.
AGENCY CONTACT PERSON: Catherine E. Reynolds, 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) 287-2637
TTY: (800) 606-0215



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01(G.1, 1.a. and 1.b.), Furbearing Animals (Beaver Trapping Season Dates and Closures)
ADOPTED RULE NUMBER: 2006-445
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing beaver trapping season dates and individual township openings and closings for the beaver trapping Townships or portions thereof are opened and closed on an individual basis to manage local beaver populations within the general season framework.
A copy of the rule may be obtained from the agency contact person.
EFFECTIVE DATE: October 16, 2006
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Maine Center for Disease Control and Prevention (fka Bureau of Health), Division of Environmental Health (fka Division of Health Engineering), Drinking Water Program (DWP)
CHAPTER NUMBER AND TITLE: Ch. 228, Rules Relating to Fluoridation of Public Water Systems
ADOPTED RULE NUMBER: 2006-446
CONCISE SUMMARY: The changes to the Rules Relating to the Fluoridation of Public Water Systems are intended to eliminate some confusing and contradictory language relating to public water system .compliance, make the rules more consistent with The Rules Relating to Drinking Water and eliminate some requirements which the Department either did not have clear statutory authority to enforce or unnecessarily limited public water system's options.
EFFECTIVE DATE: October 17, 2006
AGENCY CONTACT PERSON: Roger L. Crouse, Assistant Director, Drinking Water Program, 286 Water Street, 3rd Floor, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5684