Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Newspaper Notices > November 15, 2006

November 15 , 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 Integrated Access & Support
RULE TITLE OR SUBJECT: TANF Caseload Reduction Report
CONCISE SUMMARY: This is not policy. It is an announcement.
The Department of Health and Human Services, Office of Integrated Access and Support announces that the TANF Caseload Reduction Report is available for review and comment at:
Department of Health and Human Services
Office of Integrated Access and Support
268 Whitten Road
#11 State House Station
Augusta Maine 04333

DEADLINE FOR COMMENTS: December 29, 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: (800) 606-0215 (Deaf/Hard of Hearing



AGENCY: 02-385 - Department of Professional and Financial Regulation, Manufactured Housing Board
RULE TITLE OR SUBJECT: Rules for State Certification of Manufactured Housing
Ch. 110, State Certification of Manufactured Housing – Authority (amended)
Rules for Licensing Manufacturers, Dealers, Developer Dealers, Installers and Mechanics
Ch. 310, Licensing – Authority (repealed)
Ch. 320, Licensing – Definitions (repealed and replaced)
Ch. 330, Licensing – Administration (repealed)
Ch. 340, Licensing – Licenses (repealed and replaced)
Ch. 350, Licensing – Scope of Practice, Obligations of Licensees, Prohibited Practices [formerly entitled Licensing – Prohibited Practices] (repealed and replaced)
Ch. 360, Licensing – Inspections (repealed)
Ch. 370, Licensing – Complaints and Investigations (repealed and replaced)
Ch. 380, Licensing – Adoption of Codes and Standards (amended)
Ch. 381, Home Installation Warranty Seal (repealed and replaced)
PROPOSED RULE NUMBER: 2006-P211 through P220 (revised and republished)
CONCISE SUMMARY: The board requests written comment on a substantial change to the proposed rules listed above.
In Ch. 340, Section 3(8) of the proposed rules, the board proposed to add a new licensing requirement for manufactured housing dealers. The new requirement is maintenance of an established place of business. Under the new standard, a dealer's primary business location must be in a heated office at least 100 square feet in size that is used for the dealer's business, is entered through an exterior door that is readily accessible to the public, is completely enclosed by floor to ceiling construction, and is separate from any living quarters. The business must have a permanently mounted sign at least 12 square feet in size that is readable from a distance of 200 feet. Any change of primary business location, or the addition of new branch locations, must be approved by the board. See the proposed rule for a complete list of requirements.
The established place of business requirement was framed in the proposed rule as a requirement for issuance of an initial dealer license. The proposed rule also states, "Compliance with this paragraph shall be an ongoing requirement of licensure." Thus, persons applying for a new dealer license would be subject to the established place of business requirement, and would be bound by the new requirement for as long as they continued to be licensed.
At the rulemaking hearing and in written comments, several persons noted that Ch. 340, Section 3(8) does not, by its terms, apply to persons who are currently licensed as dealers. The board's intent in formulating the proposed rule was for the established place of business requirement to apply to all dealers, regardless of when they were first licensed. The purpose of this measure is business responsibility. By requiring licensed dealers to maintain a minimum business presence, the proposed rule helps protect the public from a bad outcome that may presently arise when buying from a so-called "paper licensee," who has little to lose from noncompliance with the board's rules if problems develop with the home. This protection would be diluted if the established place of business requirement applied only to new licensees but not to currently-licensed dealers. In terms of current vs. future licensees, it would also be inequitable, in the board's view, to exempt existing dealers from compliance.
The board acknowledges that as drafted, the proposed rule did not clearly notify current dealers of the board's intent. The board has redrafted Ch. 340 to unambiguously require all dealers to meet the established place of business requirement on an ongoing basis.
The board requests written comment on this proposed change to Ch. 340. The board also requests written comment on any other chapter listed above that may be impacted by this change.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA §§ 9005, 9006, 9021, 9041, 9042, 9064
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: December 15, 2006
AGENCY CONTACT PERSON: Robert V. LeClair, Executive Director, Manufactured Housing Board, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8678



AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 605, Amendment 2, The Robert C. Byrd Honors Scholarship Program
PROPOSED RULE NUMBER: 2006-P308
CONCISE SUMMARY: The rule amendment adds submission of the FAFSA as a requirement of the initial and renewal application process. The FAFSA assists the Authority in determining whether the student is in default of any other federal student financial assistance, as required, and whether the student has submitted the Statement of Selective Service Registration Status. In addition, the FAFSA provides the Authority with the most accurate information necessary to determine residency and financial need, as applicable. It is expected that it will also enable the Authority to include the Program in an online database, at such time as resources permit, which will enhance Program administration. Finally, although most students will have already filed the FAFSA, requiring those students who might otherwise not have filed it to do so may also have the benefit of enabling those students to obtain other higher education financial aid. The rule amendment also makes a minor modification to payment procedure.
STATUTORY AUTHORITY: 10 MRSA §969-A and §1013(6)
RULE TITLE OR SUBJECT: Ch. 607, Amendment 8, Access to Medical Education and Health Professions Loan Programs
PROPOSED RULE NUMBER: 2006-P309
CONCISE SUMMARY: The rule amendment changes the type of Maine medical residency program where an Access student can complete one of two required clinical education rotations from “family practice residency program” to “primary care residency program” and also adds the condition that this rotation consist of not less than 50% outpatient care. These changes are consistent with the purpose of the Access to Medical Education Program to provide opportunities for Maine residents to become primary health care professionals and provide increased access to primary health care especially in underserved areas of the State.
STATUTORY AUTHORITY: 10 MRSA §969-A(14), 20-A MRSA §12107
RULE TITLE OR SUBJECT: Ch. 610, Rules for the Conduct of the Educators for Maine Program, Amendment 2
PROPOSED RULE NUMBER: 2006-P310
CONCISE SUMMARY: The rule amendments change the initial and renewal application due dates from April 1 to May 15 annually to better accommodate students and add submission of the FAFSA by the student by May 1 annually as a criterion of eligibility for the Program. Submission of the FAFSA provides the Authority with the most accurate information necessary to determine residency and financial need, as applicable. It is expected that it will also enable the Authority to include the Program in its online database, at such time as resources permit, which will enhance Program administration. Finally, although most students will have already filed the FAFSA, requiring those students who might otherwise not have filed it to do so may also have the benefit of enabling those students to obtain other financial aid in order to pursue their education. There is no cost to the student to file the FAFSA.
STATUTORY AUTHORITY: 10 MRSA §969-A(14), 20-A MRSA §12501 et seq.
THE ABOVE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None. A hearing would be held at the request of 5 or more interested parties.
DEADLINE FOR COMMENTS: Written comments are requested on or before December 15, 2006.
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 x. 239 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095



AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 1, The By-laws and Administration of the Finance Authority of Maine
PROPOSED RULE NUMBER: 2006-P311
CONCISE SUMMARY: The rule amendment adds a Gift Acceptance Policy for Board Members to the Authority’s Code of Ethics. A similar Gift Policy has been in effect for FAME employees as part of the FAME employee handbook. The amendment also removes statutory references and makes other changes to reflect current practice. The amendment incorporates the statutory requirements for calling emergency meetings.
STATUTORY AUTHORITY: 10 MRSA §969-A(14), 20-A MRSA §11617(2).
RULE TITLE OR SUBJECT: Ch. 601, The Maine State Grant Program (MSGP)—Amendment 10
PROPOSED RULE NUMBER: 2006-P312
CONCISE SUMMARY: The rule amendment removes the requirement that an eligible institution of higher education offering a certificate program must be a non profit entity. The effective date of the amendment will be July 1, 2007.
STATUTORY AUTHORITY: 10 MRSA §969-A(14), 20-A MRSA §11617(2).
RULE TITLE OR SUBJECT: Ch. 602, Repeal & Replace, Maine Guaranteed Student Loan Programs
PROPOSED RULE NUMBER: 2006-P313
CONCISE SUMMARY: This rule adopts the Common Manual, which establishes industry standard procedures and policies for the administration of the Guaranteed Student Loan Program. The rule establishes some separate policies in the event of a default or bankruptcy.
STATUTORY AUTHORITY: 10 MRSA §969-A(14); 20-A §11670
THE ABOVE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None. A hearing would be held at the request of 5 or more interested parties;
DEADLINE FOR COMMENTS: Written comments will be accepted on or before December 15, 2006.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel; Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095



AGENCY: 18-554 – Department of Administrative and Financial Services, Bureau of General Services
RULE TITLE OR SUBJECT: Ch. 8, Alternative Project Delivery Methods
PROPOSED RULE NUMBER: 2006-P314
CONCISE SUMMARY: This Rule implements the Director’s authority to establish procedures, in addition to those established by statute, for undertaking contracts using alternative project delivery methods. The Bureau will follow these procedures when owners of public improvement construction projects apply for and are approved to use an alternative project delivery method rather than the traditional design-bid-build method.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 5 MRSA §1743(3)(D)
PUBLIC HEARING: no public hearing
DEADLINE FOR COMMENTS: December 15, 2006
AGENCY CONTACT PERSON: Janet McLaughlin, Bureau of General Services, 77 State House Station, Augusta, ME 04333-0077
TELEPHONE: (207) 624-7351



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 50, ICF-MR Services
PROPOSED RULE NUMBER: 2006-P315
CONCISE SUMMARY: The Department is proposing a replacement of Chapter II, Section 50, because of the extensive formatting changes needed. The Definition section is being expanded to include additional relevant definitions for ICF-MR Services. The Eligibility Criteria section, which explains the eligibility requirement for a member to receive either ICF-MR Nursing Facility Services or ICF-MR Group Home Facility Services, replaces the Examples of Covered ICF-MR Services section. The Department also proposes to change the Policies and Procedure section to eliminate outdated procedural protocol and clarify policy language. Additionally, in order to implement 22 MRSA §3174-FF, this rule proposes to add a rehabilitation potential prerequisite for adults receiving occupational, physical and speech-language therapy services.
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, 22 MRSA, §3174-FF
PUBLIC HEARING:
Date: December 5, 2006 at 1:00 p.m.
Location: Conference Room 1B, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed above before November 28, 2006.
COMMENT DEADLINE: December 15, 2006 at 11:59 p.m.
AGENCY CONTACT PERSON: Scott Goulette, Comprehensive Health Planner, Office of Maine Care Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370
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 MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 97, Private NonMedical Institution Services
PROPOSED RULE NUMBER: 2006-P316
CONCISE SUMMARY: The Department proposes to permanently adopt emergency rules currently in effect with this rulemaking that provide relief to a group of MaineCare eligible individuals with mental retardation. These individuals require personal support services, assistance with various activities of daily living, assistance and monitoring of medications, assistance and treatment of various medical conditions. The Department will cover these services under Private Non-Medical Institution (PNMI) services, Appendix F (non-Case Mixed Medical and Remedial PNMIs). The current PNMI rules require that Appendix F services be provided in single facilities. Accordingly, this rule allows Appendix F services to be provided in several facilities, also called "scattered sites."
The Department has also added language to clarify that PNMI facilities serving members with primary mental health diagnoses will, at a future unspecified date, have new service requirements upon implementation of the Behavioral Health Managed Care Initiative. Providers of PNMI services for members with a primary mental health diagnosis and providing services under Appendix B (Substance Abuse Facilities), Appendix D (Child Care Facilities), Appendix E (Community Residences for Individuals with Mental Illness) and some Appendix F (Non-Case Mixed Residential Care Facilities) will be required to work under requirements of a Managed Care Organization to provide these services. The Managed Care Organization will approve services, set rates and discontinue the auditing process currently utilized under these principles of reimbursement. Providers will be given a minimum of thirty days notice prior to implementation of the managed care. Additional changes in participation related to coverage of services will proposed in a separate rulemaking for Chapter II at a later date.
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:
Date: Wednesday, December 13,1:00 p.m.
Location: Conference Room, DHHS Office of MaineCare 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 December 10, 2006.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. December 23, 2006.
AGENCY CONTACT PERSON: Patricia Dushuttle, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9362
FAX: (207) 287-9362
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 203, Capitalization Rate for Tree Growth Tax Law - 1997 and 1998
PROPOSED RULE NUMBER: 2006-P317
CONCISE SUMMARY: The Rule is being repealed because it is obsolete and inoperative. The rule provided for the calculation of the capitalization rate used in determining the 100% valuation rate for per acre for purposes of valuing forest land under the tree growth tax law. The rule is no longer relevant since the tree growth capitalization rate is now provided for in statute.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: Title 36 MRSA §§ 112, 576-B
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: December 18, 2006
AGENCY CONTACT PERSON: Agnes Gormley, Esq., Tax Policy Analyst, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536


ADOPTIONS



AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 5, Medical Fees; Reimbursement Levels; Reporting Requirements
ADOPTED RULE NUMBER: 2006-458
CONCISE SUMMARY: This rule updates the Medical Fee Schedule by incorporating the 2005 Current Procedural Terminology ("CPT") codes and portions of the 2005 Medicare RBRVS Report. It also standardizes reimbursement for travel, lodging, and meals. This rule repeals and replaces Appendix III.
EFFECTIVE DATE: November 5, 2006
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7086



AGENCY: 01-017 - Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 1, Administration, Section 1, Definitions, Subsection 78, Starter
ADOPTED RULE NUMBER: 2006-459
CONCISE SUMMARY: This Section defines at what point a horse becomes a starter in a race.
CHAPTER NUMBER AND TITLE: Ch. 7, Racing, Section 45, Falling or Unseating Driver
ADOPTED RULE NUMBER: 2006-460
CONCISE SUMMARY: Allows a horse to race as a non-bettor after the State Veterinarian has examined it.
CHAPTER NUMBER AND TITLE: Ch. 7, Racing, Section 76, Dashes
ADOPTED RULE NUMBER: 2006-461
CONCISE SUMMARY: Explains to which horses premiums are to be paid.
CHAPTER NUMBER AND TITLE: Ch. 9, Sire Stakes, Section 2, Eligibility Criteria, Subsection 1
ADOPTED RULE NUMBER: 2006-462
CONCISE SUMMARY: Allows for an increase in the stallion registration fee from $100.00 to $300.00; if a stallion was not registered before January 1 of the breeding season it allows said stallion to be registered to stand in Maine providing a late fee of $500.00 be paid and that said stallion was not registered nor stood in any other jurisdiction; requires payment of the registration fee be paid to the Treasurer, State of Maine; and, allows for the movement of a registered stallion with approval from the Executive Director.
CHAPTER NUMBER AND TITLE: Ch. 9, Sire Stakes, Section 5, Purse Structure, Subsection 2
ADOPTED RULE NUMBER: 2006-463
CONCISE SUMMARY: Allows a portion of the revenues from the operation of slot machines that is deposited in the Sire Stakes Fund to be used for promotion of the program; requires the funds to promote the program be allocated to the Maine Standardbred Breeders and Owners Association; requires these funds be allocated not later than March 15 annually; and, more clearly defines which horses are to receive premiums in a race.
CHAPTER NUMBER AND TITLE: Ch. 9, Sire Stakes, Section 6, Conditions, Subsection 3
ADOPTED RULE NUMBER: 2006-464
CONCISE SUMMARY: The proposed change allows for no trailing horses as of the racing season of 2008.
EFFECTIVE DATE: November 8, 2006
AGENCY CONTACT PERSON: Henry W. Jackson, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 101, Calculation of Interest
ADOPTED RULE NUMBER: 2006·465
CONCISE SUMMARY: This new rule sets forth the standard interest rate established pursuant to 36 MRSA §186 that is charged against unpaid taxes and paid by the State on overpayments of taxes.
CHAPTER NUMBER AND TITLE: Ch. 318, Instrumentalities of Interstate or Foreign Commerce
ADOPTED RULE NUMBER: 2006-466
CONCISE SUMMARY: The rule has been amended in order to reflect a statutory change specifying that a vehicle or other item covered by 36 MRSA §1760(41) must be used in interstate or foreign commerce more than 80% of the time during the two years following its purchase in order to be exempt.
CHAPTER NUMBER AND TITLE: Ch 320, Sales of Fabrication Services
ADOPTED RULE NUMBER: 2006-467
CONCISE SUMMARY: The rule has been repealed since it is obsolete and since new, more comprehensive and up-to-date information covering the same subject matter has been developed and made available to all affected taxpayers.
CHAPTER NUMBER AND TITLE: Ch. 321, Meals Provided in the Wild
ADOPTED RULE NUMBER: 2006-468
CONCISE SUMMARY: Minor amendments have been made in the rule in order to reflect statutory changes.
CHAPTER NUMBER AND TITLE: Ch. 806, Nonresident Individual Income Tax
ADOPTED RULE NUMBER: 2006-469
CONCISE SUMMARY: The rule has been repealed and replaced in order to make various changes, especially those needed to reflect recent statutory changes affecting the taxable thresholds applicable to nonresidents.
EFFECTIVE DATE: November 12, 2006
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681