Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Newspaper Notices > December 13, 2006

December 13, 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: 90-590 - Maine Health Data Organization
RULE TITLE OR SUBJECT: Ch. 241, Uniform Reporting System For Hospital Inpatient Data Sets and Hospital Outpatient Data Sets
PROPOSED RULE NUMBER: 2006-P339
CONCISE SUMMARY: This rule change provides minor technical modifications and standardizes conditions that are present upon a patient's admission to a hospital facility with the National Uniform Billing Committee (NUBC) definitions. It also includes the addition of a category to the ethnicity data element.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Sections 8704(4) and 8708(1)(B).
PUBLIC HEARING: January 4, 2007 at 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, Maine 04333-0102
DEADLINE FOR COMMENTS: January 16, 2007
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722




AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2006-P340
CONCISE: The proposed amendment to Ch. 10 adjusts license fees for the professional and occupational licensing programs within the Office of Licensing and Registration as follows:
American Sign Language, English Interpreters and Transliterators regulatory function
Decreases the annual license fee for limited deaf interpreters and certified deaf interpreters from $300 to $100.
Board for Licensure of Architects, Landscape Architects and Interior Designers
Decreases the post-90 day additional late renewal fee for architects, landscape architects and interior designers from $100 to $50.
Athletic Trainers regulatory function
Decreases the annual license fee for athletic trainers from $300 to $175, decreases the 6 month temporary permit fee for student athletic trainers from $100 to $25, and decreases the application fee from $50 to $25.
Board of Licensing of Auctioneers
Increases the annual license fee for auctioneers from $125 to $150.
Board of Barbering and Cosmetology
Institutes a $10 fee for reissuance of a shop license after an ownership change when at least one owner retains ownership in accordance with 32 MRSA §14238(1)(O), replaces the graduated schedule of post-90 day additional late renewal fees for all license categories with one $30 post-90 day additional late renewal fee in accordance with 32 MRSA §14238(1)(M), and adds a $100 late filing fee for repeat offenders who file renewal applications more than 90 days after expiration in accordance with 32 MRSA §14238(1)(N).
Board of Boiler and Pressure Vessels
Increases the 3 year license fee for boiler engineers (all classes) and high pressure boiler operators from $100 to $150, eliminates the fee for the discontinued low pressure boiler operator license, increases the fee for the 6 month boiler operator training permit from $10 to $50, increases the certificate inspection fee for boilers and pressure vessels from $50 to $60 and eliminates the $5 charge for the law and rules book.
Board of Chiropractic Licensure
Adds the fees for this board to this chapter. Increases the 2 year license fee for chiropractors from $225 to $275, increases the 2 year license fee for chiropractic assistants and temporary chiropractic assistants from $50 to $75, institutes a $50 2 year chiropractic acupuncture license endorsement fee, replaces the $50 chiropractor application fee and the $25 chiropractic assistant application fee with a uniform $35 application fee, eliminates the graduated schedule of up-to-90 day late renewal fees (the OLR-wide $50 late renewal fee of Ch. 11 applies), eliminates the $20 certification form completion fee (the OLR-wide $10 license verification fee of this chapter applies), adds a $50 fee for sponsor requests for continuing education program approval, adds a $10 fee for individual requests for continuing education program approval and institutes a $50 post-90 day additional late renewal fee in accordance with 32 MRSA §553-A.
Board of Complementary Health Care Providers
Decreases the annual license fee for acupuncturists and naturopathic doctors from $325 to $275.
Board of Counseling Professionals Licensure
Decreases the 2 year license fee for licensed professional counselors, licensed clinical professional counselors, licensed marriage and family therapists and licensed pastoral counselors from $300 to $200 and reduces the application fee from $100 to $25.
Board of Licensing of Dietetic Practice
Eliminates the application fee and institutes a $50 post-90 day additional late renewal fee.
Electricians’ Examining Board
Adds the fees for this board to this chapter. Eliminates the $10 duplicate license fee (the OLR-wide $10 replacement license fee of this chapter applies), eliminates the $10 license certification fee (the OLR-wide $10 license verification fee of this chapter applies), eliminates the $10 up-to-90 day late renewal fee (the OLR-wide $50 late renewal fee of Ch. 11 applies) and alters the $50 post-90 day late renewal fee from 91 days - 2 years to “more than 90 days” in accordance with 32 MRSA §1204.
Board of Elevator and Tramway Safety
Increases the annual license fee for elevator mechanics and lift mechanics from $40 to $50, decreases the annual license fee for elevator inspectors, tramway inspectors, wire rope inspectors and elevator contractors from $100 to $50, decreases the certificate of inspection fee from $100 to $70, alters the post-90 day additional late renewal fee period from “91 days – <2 yrs” to “more than 90 days” in accordance with 32 MRSA §132516-C and eliminates the $5 charge for the law and rules book.
Board of Licensure for Professional Land Surveyors
Reconfigures examination fees and institutes a $50 post-90 day additional late renewal fee. Currently, professional land surveyors pay a $150 examination fee. Under the proposed rule, professional land surveyors will pay a $150 fee to take the essay exam and will pay examination fees set by the vendor to take the Maine multiple choice and principles & practice examinations. Currently, land surveyors-in-training pay a $75 examination fee. This is replaced in the proposed rule with an examination fee set by the vendor.
Manufactured Housing Board
Institutes a $150 2 year developer dealer license fee.
Board of Occupational Therapy Practice
Adds the fees for this board to this chapter. Eliminates the $10 up-to-90 day late renewal fee (the OLR-wide $50 late renewal fee of Ch. 11 applies), eliminates the $5 reissuance of original certificate fee (the OLR-wide $10 replacement license fee of this chapter applies) and eliminates the $8 criminal history record check fee (fee amount is set by Commissioner of Public Safety).
Oil and Solid Fuel Board
Alters the post-90 day additional late renewal fee period from “91 days – <2 yrs” to “more than 90 days” in accordance with 32 MRSA §2404.
Plumbers’ Examiners Board
Increases the 2 year license fee for master plumbers from $150 to $200, increases the 2 year license fee for journeyman plumbers from $75 to $150, increases the 4 year license fee for journeymen-in-training from $8 to $50, increases the 2 year license fee for trainees from $20 to $50, increases the 2 year company license fee from $150 to $200 and alters the post-90 day additional late renewal fee period from “91 days – <2 yrs” to “more than 90 days” in accordance with 32 MRSA §3504.
Board of Licensure of Podiatric Medicine
Decreases the annual license fee for podiatrists from $600 to $450, institutes a $450 annual license fee for podiatrists-in residency, decreases the application fee from $200 to $50 and decreases the post-90 day additional late renewal fee from $200 to $50.
Board of Pharmacy
Institutes a $50 post-90 day additional late renewal fee in accordance with 32 MRSA §13734.
Propane and Natural Gas Board
Replaces the graduated schedule of post-90 day additional late renewal fees with one $50 post-90 day additional late renewal fee in accordance with 32 MRSA §14814.
Board of Real Estate Appraisers
Institutes a $50 post-90 day additional late renewal fee in accordance with 32 MRSA §14025.
Radiologic Technology Board of Examiners
Institutes a $50 post-90 day additional late renewal fee in accordance with 32 MRSA §9859.
State Board of Social Worker Licensure
Decreases the 2 year license for licensed master social workers and licensed master social workers – conditional clinical from $100 to $70, decreases the 2 year license fee for licensed clinical social workers and certified social workers – independent practice from $125 to $70 and decreases the application fee from $50 to $25.
State Board of Veterinary Medicine
Institutes a $50 post-90 day additional late fee in accordance with 32 MRSA §4863.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: OLR director uniform fee authority: 10 MRSA §8003(2-A)(D) and (E). OLR director fee authority in board statutes: 32 MRSA §§67, 287-A, 558, 1203-A, 1504, 1527, 2402-B, 3116-A, 3501-B, 3652, 3833-A, 4863-A, 4912, 5507, 6215, 9859-A, 12514-A, 13724, 13910-A, 14012-A, 14306-G, 14358, 15109(9) and 15225-A. Additional late fee authority in board statutes: 32 MRSA §§224, 224-A, 553-A, 1204, 2404, 3504, 3652, 4863, 5515(8), 9859, 9909(1), 13734(1), 13908(1), 14025, 14235, 14238, 14814, 15109(3), 15216-C.
PUBLIC HEARING: January 5, 2007, 1:00 p.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: January 16, 2007
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8615
E-MAIL: jeffrey.m.frankel@maine.gov
PROPOSED RULE AVAILABLE ON LINE AT: www.maineprofessionalreg.org




AGENCY: 10-144 - Department of Health and Human Services. Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Certification Manual, Rev. #152P: Able Bodied Adults Without Dependents (ABAWDs)
PROPOSED RULE NUMBER: 2006-P341
CONCISE SUMMARY:
1. This rule updates the geographic areas whose residents are exempt from the three-month time-limited rule for Able-Bodied Adults Without Dependents (ABAWDs) due to the area having an unemployment rate of at least 20% higher than the national average for a specific 24-month period. This rule:
a. Adds to the geographic exempted list all residents of the following Maine counties: Aroostook, Hancock, Waldo and Knox.
b. Adds to the geographic exempted list all residents of: Dixmont, East Central Penobscot, Greenbush, and LaGrange.
c. Removes from the geographic exemption: Acton, Alfred, Berwick, Bowdoin, Chester, Clifton, Drew Plantation, Edinburg, Exeter, Lakeville, Lebanon, Limerick, Lowell, Newfield, North Berwick, Sanford, Shapleigh, South Berwick, Vienna, Waterboro, and Woodville.
2. This rule corrects an inadvertent text deletion from a previous rule making by adding in the line that describes the "fixed" 36-month time period that began July 1, 2006.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42; 22 MRSA §3104: 7 CFR §273.24(b)(3); and 7 CFR §273.24(f)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: January 12, 2007
AGENCY CONTACT PERSON Robert Thibodeau, Food Stamp 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) 287-5054
TTY: 1 (800) 606-0215 (Deaf/Hard of Hearing)


ADOPTIONS



AGENCY: 06-096 - Maine Department of Environmental Protection
CHAPTER NUMBER AND TITLE: (1) Ch. 305, Permit by Rule, and (2) Ch. 310, Wetlands and Waterbodies Protection
ADOPTED RULE NUMBER: 2006-496 and 497
The effective date for these filings that was published on December 6 may have contained an error. The correct effective date is December 5, 2006.
AGENCY CONTACT PERSON: Hetty Richardson, Maine Department of Environmental Protection, 17 State House Station, Ray Bldg., Hospital St., Augusta, Maine 04333-0017. TELEPHONE: (207) 287-7799. E-MAIL: Hetty.L.Richardson@maine.gov




AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey Hunting Season
ADOPTED RULE NUMBER: 2006-502
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule amending the wild turkey hunting season by adding WMD 7 to the turkey hunting zone. This rule establishes the dates for the split season to occur as follows: Season A: April 30, 2007 - May 5,2007 and May 21,2007 - May 26,2007; Season B: May 7,2007 - May 12, 2007 and May 14, 2007 - May 19, 2007; All permit holders: May 28,2007 - June 2, 2007. (Permittees who have not taken a turkey during their designated season will be allowed to hunt during the last week of the season). During "even" years [e.g., 2006, 2008, 2010] hunters with "even" birth years will be authorized to hunt during Season A; hunters with "odd" birth years will be authorized to hunt during Season B. During "odd" years [e.g. 2007, 2009, 2011 [ hunters with "odd" birth years will be authorized to hunt during Season A; hunters with "even" birth years will be authorized to hunt during Season B. Youth Spring Wild Turkey Hunting Day will occur on the Saturday preceding the opening day of Season A (April 28, 2007). In addition all youth 10 years of age or older and under 16 years of age who possess a junior hunting license and a valid spring Wild Turkey Permit for either Season A or Season B are permitted to hunt any Saturday during the open spring wild turkey hunting season.
EFFECTIVE DATE: December 9, 2006
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201




AGENCY: 02-373 - Department of Professional and Financial Regulation, Board of Licensure in Medicine
CHAPTER NUMBER AND TITLE: Ch. 20, Medical Liability Demonstration Project (“The Project”): Anesthesiology Specialty Practice Parameters and Risk Management Protocols
ADOPTED RULE NUMBER: 2006-503
CHAPTER NUMBER AND TITLE: Ch. 22, Medical Liability Demonstration Project (“The Project”): Emergency Medicine Specialty Practice Parameters and Risk Management Protocols
ADOPTED RULE NUMBER: 2006-504
CHAPTER NUMBER AND TITLE: Ch. 24, Medical Liability Demonstration Project (“The Project”): Obstetrics and Gynecology Specialty Practice Parameters and Risk Management Protocols
ADOPTED RULE NUMBER: 2006-505
CHAPTER NUMBER AND TITLE: Ch. 26, Medical Liability Demonstration Project (“The Project”): Radiology Specialty Practice Parameters and Risk Management Protocols
ADOPTED RULE NUMBER: 2006-506
CONCISE SUMMARY: These four chapters are being repealed and not replaced because the statutes underlying them was repealed by Laws 1999, Ch. 668.
EFFECTIVE DATE: December 10, 2006
AGENCY CONTACT PERSON: Randal C. Manning, Executive Director, Board of Licensure in Medicine, 137 State House Station, Augusta ME 04333-0137
TELEPHONE: (207) 287-3601




AGENCY: 10-144 - Department of Health and Human Services/Maine CDC, WIC Program
CHAPTER NUMBER AND TITLE: Ch. 286, Maine WIC Program Rules
ADOPTED RULE NUMBER: 2006-507
CONCISE SUMMARY: The Department undertook this rulemaking in response to new mandates issued by the U.S. Department of Agriculture, Food and Nutrition Service. See Vendor Cost Containment; Interim Rule, 70 Fed. Reg. 71707 (Nov. 29, 2005) (codified at 7 C.F.R. pt. 246). The FNS adopted new guidelines requiring states to improve vendor cost containment; adopt competitive price criteria; and otherwise improve the Vendor selection, authorization, and reimbursement processes. The Rule also changes Departmental program names as authorized by Pub. L. 2004, Ch. 689. The Rule incorporates several programmatic changes that are expected to improve efficiency and contain public costs. The Rule updates the process for sanctioning non-compliant Vendors, replacing the "point" system with a system that imposes fines and requires adherence to a corrective action plan. The Rule replaces the subgroup system with peer groups, which will encourage competitive pricing among linked peer vendors. The Rule conditions vendor authorization on their agreement not to expect more than 50% of annual food sales revenue from WIC and also requires a store to be in business for a full year before seeking WIC Vendor authorization. Several other vendor type-specific changes are also incorporated into the Rule. The Program also shifted many of the application criteria that require annual updates into the Maine WIC Vendor Manual by incorporating portions of the Manual by reference. The Rule is expected to assist federal regulators in their cost containment efforts but is not expected to fiscally burden the state, local governments, or small businesses.
EFFECTIVE DATE: December 10, 2006
AGENCY CONTACT PERSON: Nora Bowne, Department of Health and Human Services, Maine WIC Program, State House Station 11, Key Plaza, 286 Water Street 6th Floor, Augusta, Maine 04333
TELEPHONE: (207) 287-3991




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. #150A: Gross Income Means Test for Expanded Categorical Food Stamp Households and Policy Clarifications and Typographical Corrections.
ADOPTED RULE NUMBER: 2006-508
CONCISE SUMMARY: This rule adopts the following changes to comply with Federal Law:
1. Households must pass a 185% Federal Poverty Level (FPL) gross income test to be eligible for the Maine Resource Guide (a TANF-funded service). If found eligible, the household is considered "categorically eligible" for Food Stamps.
This rule also provides the following policy clarifications, deletions and additions:
1. Deletes all reference to Food Stamp “coupons” and “allotments” and replaces them with either Food Stamp “benefit” or EBT “issuance”.
2. Clarifies individuals who miss application or recertification interview appointments must be provided proper notice of missing the appointment before the Department takes action to close, or deny the Food Stamp case.
3. Clarifies policy of allowing a prorated share of the Non-heat Utility Allowance or telephone-only utility allowance for Food Stamp participants in a shared residence.
4. Inserts the words “high school” before the word “student” in the definition of who is eligible for the Maine DHHS Resource Guide for Families.
5. Clarifies individuals who are disqualified from MaineCare are not disqualified from Food Stamps.
6. Broadens the definition of allowable excess medical expenses by adding language to include service animals trained for serving the needs of aged or disabled individuals.
7. Clarifies when households with self-employment rental income and renters can be allowed the full standard utility allowance in their excess shelter expenses.
8. Clarifies definition of “household composition” used in the rules for Change Reporting to include changes in marital status.
9. Corrects typographical and spelling errors.
EFFECTIVE DATE: December 12, 2006
AGENCY CONTACT PERSON: Robert Thibodeau, 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) 287-5054
TTY: (800) 606-0215