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Home > Weekly Newspaper Notices > December 20, 2006

December 20, 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 & III Section 25, Dental Services
PROPOSED RULE NUMBER: 2006-P342
CONCISE SUMMARY: The Office of MaineCare Services is proposing changes to the MaineCare Benefits Manual, Chapters II & III Section 25, Dental Services. The Department proposes implementation of a new billing process for comprehensive orthodontic services. This change will incorporate monthly visits into the actual treatment/placement of orthodontic devices resulting in a bundled rate for the complete orthodontic service. This rulemaking also proposes changes to eliminate a step in the initial orthodontic prior authorization process. The Department is also introducing a new Handicapping Labiolingual Deviation Index Report (HLD) and instructions for completing the HLD form. Providers will use this form to assist in determining the extent of a member's malocclusion.
The proposed rule updates Chapter III of Section 25 to include the addition of new procedure codes, changes in the description of current procedure codes and the deletion of obsolete coding. This change allows MaineCare to mirror the Healthcare Common Procedure Coding System (HCPCS) and the American Dental Association's edition of Current Dental Terminology (CDT) for a more uniform method of billing for professional dental services. The Department proposes several other structural, administrative and grammatical changes within this rulemaking.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
TIDS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173.
PUBLIC HEARING: January 8, 2007, 10:00 a.m., Conference Room #1A, 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 January 4,2007.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on January 22, 2007
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner, Office of MaineCare 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: 06-096 - Maine Department of Environmental Protection
RULE TITLE OR SUBJECT: Amendments to Ch. 691, Rules for Underground Oil Storage Facilities
PROPOSED RULE NUMBER: 2006-P343
CONCISE SUMMARY: The proposed amendments change the regulation as follows:
1. To make the rule consistent with changes in national and industry standards since the last update of this rule in 2004;
2. To correct errors and to clarify existing requirements and language;
3. To incorporate changes in statue;
4. To allow Maine certified UST inspectors to do minor repairs found during their inspections; and
5. To enact minimum safety standards for excavation activities at UST facilities to protect against fire, explosions, and catastrophic petroleum discharges, and to protect the structural integrity of the facility and the owner's facility investment.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. Rule is more likely overall to save municipalities money.
STATUTORY AUTHORITY: 38 MRSA §561 et seq.
PUBLIC HEARING: A public hearing is not planned. Written requests for a hearing must be received by comment deadline below.
DEADLINE FOR COMMENTS: 5:00 p.m., January 19, 2007. Comments may be submitted at the address below, by FAX at (207) 287-7826 or by e-mail at george.j.seel@maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any.
AGENCY CONTACT PERSON: George Seel, Maine Dept. of Environmental Protection, State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7166



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 55, Gear Restrictions: 55.06, Fish Passage Regulations
PROPOSED RULE NUMBER: 2006-P344
CONCISE SUMMARY: The proposed regulations would provide clear passage for all species of fish in any tidal river, brook, stream or other watercourse by keeping one-third (1/3) of the water body free of nets or traps and therefore open at any time. Current laws and regulations pertaining to alewives and elvers would remain in effect. This rule is proposed to promote conservation of all species of fish due to the increased findings of blocked passages with unnecessary dead fish that are not the targeted fish species in these tidal locations.
STATUTORY AUTHORITY: 12 MRSA §6171
THIS RULE WILL NOT HAVE A FISCAL IMPACE ON MUNICIPALITIES.
PUBLIC HEARINGS:
Mon., January 8, 2007, 6:00 p.m., Municipal Building (Town Hall), 259 Route 1, Scarborough
Tues., January 9, 2007 6:00 pm, Lincoln County Communication Center, Meeting Room (lower entrance behind the courthouse), Route 1, Wiscasset
Wed., January 10, 2007 7:00 pm, City Hall (Auditorium), One City Hall Plaza, Ellsworth
(If you are unable to attend a hearing persons are encouraged to submit written comments from the receipt or posting of this notice through close of business on the deadline for comments listed.)
DEADLINE FOR WRITTEN COMMENTS: January 20, 2007
AGENCY CONTACT PERSON: Lt. Jon Cornish (tel: 207-633-9595)
MAIL WRITTEN COMMENTS TO: Department of Marine Resources, Attn: L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)



AGENCY: 01-001 - Maine Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool Cost of Administration
PROPOSED RULE NUMBER: 2006-P345
CONCISE SUMMARY: The principal reason for this rule-making is to amend the cost of administering the Maine Milk Pool.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §3154 (2)
PUBLIC HEARING: January 8, 2007, Tuesday, starting at 9:00 a.m., Room 227, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 18, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287·7521



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1.02, Ice Fishing Regulations
PROPOSED RULE NUMBER: 2006-P346
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following fishing regulation:
Pleasant Lake, Town of Caratunk, Somerset County -- Open to ice fishing
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING: January 11, 2007; Quimby Elementary School, Main Street (Route 201) Bingham; 6:30 p.m.
DEADLINE FOR COMMENTS: January 26, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201


ADOPTIONS



AGENCY: 01-001 – Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Amendment to Ch. 268. Pine Shoot Beetle Quarantine
ADOPTED RULE NUMBER: 2006-512
CONCISE SUMMARY: The Department adopted this housekeeping amendment to expand Maine’s Pine Shoot Beetle Quarantine to include all counties except Aroostook and Washington. This change will make it easier for most sawmills in Maine to receive pine logs from other New England States that are under a federal quarantine. It will also make it easier for most Maine businesses to ship bark into those same regulated areas.
EFFECTIVE DATE: December 17, 2006
AGENCY CONTACT PERSON: Robert I. Batteese, Jr., Division of Plant Industry, 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-3891



AGENCY: 10-144 – Department of Health and Human Services
CHAPTER NUMBER AND TITLE: Ch 30, Maine Uniform Accounting and Auditing Practices for Community Agencies (also repeals 14-191 Ch. 30)
ADOPTED RULE NUMBER: 2006-513 and 514
CONCISE SUMMARY: This rule amends 10-144 ch. 30 by eliminating the step b and step c from the existing appeal process (Section .04 C 1). In place of these steps, appeals would be processed by the Office of Administrative Hearings which would render recommended decisions to the Commissioner. The Commissioner would issue final decisions. In addition, this rule amends step a of that process to conform to the statutory amendment requiring a longer timeframe for appeals and expands upon the step a process to include more involvement by concerned parties outside the Office of Audit to effect more resolution at step a. This rule also repeals 14-191 ch. 30 as a duplicative rule from one of the legacy departments and updates organization titles to reflect the merged Department.
EFFECTIVE DATE: December 16, 2006
AGENCY CONTACT PERSON: Marie Hodgdon, Health and Human Services, Station 11, Marquardt Bldg, 2nd Floor, East Side Campus, Augusta, ME 04333
TELEPHONE: (207) 287-3774