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Home > Weekly Newspaper Notices > February 28, 2007

February 28, 2007

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: 94-348 - Maine Human Rights Commission
RULE TITLE OR SUBJECT:
Ch. 3, Employment Regulations of the Maine Human Rights Commission
Ch. 8, Housing Regulations of the Maine Human Rights Commission
PROPOSED RULE NUMBER: 2007-P44, P45
CONCISE SUMMARY: This rule updates the Commission’s employment and housing regulations to implement the addition of sexual orientation to the protected classes in the Maine Human Rights Act.
THIS RULE WIILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 M.R.S.A. §4566(7)
PUBLIC HEARING: March 21, 2007, 9:00 a.m., Senator Conference Center, Embassy Room, 284 Western Ave., Augusta, ME
DEADLINE FOR COMMENTS: April 2, 2007
AGENCY CONTACT PERSON: John P. Gause, Esq., Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: (207) 624-6050



AGENCY: 14-118 - Department of Health and Human Services, Office of Substance Abuse, Driver Education and Evaluation Programs
RULE TITLE OR SUBJECT: Ch. 2, Driver Education and Evaluation Programs Procedure Manual
PROPOSED RULE NUMBER: 2007-P46
CONCISE SUMMARY: The Office of Substance Abuse, Driver Education and Evaluation Programs (DEEP) propose the following revisions to Chapter 2, Driver Education and Evaluation Programs Procedure Manual: 1) delete obsolete rules pertaining to the Moving Ahead Program which was replaced by the Under 21 Program as of July 1, 2005; 2) revise/establish definitions to comply with and/ or clarify current practices and expectations; 3) require the presence of the clinician when the clinician is receiving compensation for client activities or interactions that have the purpose of attaining treatment goals or completing required aftercare; 4) clarify that a list of names (at least three names - to comply with statute) is being provided to those DEEP clients referred for evaluation and/or treatment; 5) revise the description of information given to the client when referred for evaluation and/or treatment; 6) adjust fees to ensure the Driver Education and Evaluation Program (DEEP) remains revenue neutral; 7) revise peer supervision group rule to permit other licensed addiction professionals to serve as the required group member; 8) revise clinical supervision rules to clarify the role of the clinical supervisor; and 9) clarify that a minimum of one (1) contact hour per week over a period of not less than thirty (30) days of aftercare is required prior to submission of forms for consideration of treatment for those clients who receive treatment within a halfway house, pre-release center, and residential rehabilitation program and that the aftercare shall be completed after discharge from the program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA Part 25, c. 521 Sub-ch. 1, §20005
5 MRSA Part 25, c. 521, sub-ch. 5, §20072, §20073-B, §20074, §20075, §20076, and §20078-A
PUBLIC HEARING: March 21, 2007, 9:00 a.m. - 12:00 noon, Office of Substance Abuse – Conference Room 3B, Eastside Campus - Marquardt Building – Third Floor, 11 State House Station, Augusta, ME
DEADLINE FOR COMMENTS: 5:00 p.m. – April 2, 2007
AGENCY CONTACT PERSON: Linwood K. Oakes, Sr., Certification & Policy Specialist, Office of Substance Abuse – DEEP, Marquardt Building, Eastside Campus, 3rd Floor, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 626-8607



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: Proposed Food Stamp Policy #153P, Fair Market Value Rule Standardization, Clarification and Updates.
PROPOSED RULE NUMBER: 2007-P47
CONCISE SUMMARY: In addition to defining “fair market value”, this rule:
1. Deletes references to the restaurant meals program,
2. Changes Office of Management and Budget (OMB) Poverty Level to Federal Poverty Level to make policy consistent.
3. Adds another circumstance under which a child’s tie to biological parents can be severed for the purposes of determining household composition,
4. Clarifies the upper cutoff age for ABAWDs,
5. Adds “gift cards” to the list of excludable assets and income sources,
6. Uses “Americorps” as an example of Workforce Investment Act payments,
7. Clarifies when “Americorps/VISTA” wages are considered excluded income and included income,
8. Deletes an obsolete page in the Food Stamp manual dealing with certification periods, and
9. Changes the Department name, Office name, and TANF program name as appropriate on the pages containing the above changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 CFR §§ 272.6, 273.1, 273.8, 273.9, and 273.24
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: March 30, 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: (800)-606-0215 (Deaf/Hard of Hearing)


ADOPTIONS



AGENCY: 01-001 – Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE:
Amendment to Ch. 252, Rules Governing Certification of Seed Potatoes in the State of Maine, and
Amendment to Ch. 255, Imported Seed Potatoes
ADOPTED RULE NUMBERS: 2007-53 and 54
CONCISE SUMMARY: The Department adopted two amendments to Chapter 252 to (1) require testing of all other seed lots once Bacterial Ring Rot is identified on a seed farm and (2) to increase the entrance fee from $24.00 too $26.00 per acre. The amendment to Chapter 255 will increase import fees to $25.00 per acre plus an additional $0.10 per hundred-weight charge in 2007 with the additional hundred-weight charge being increased to $0.20 in 2008 and beyond.
EFFECTIVE DATE: February 25, 2007
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, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2007-55
CONCISE SUMMARY: Under Section 80.09 concerning Reimbursement, a State Upper Limit is being adopted to implement federally required reimbursement changes under the Deficit Reduction Act. Also in Section 80.09, the Department has adopted language under the Rural Dispensing Fee Adjustment so that it is consistent with language recently approved by the federal government. The Centers for Medicare and Medicaid Services (CMS) has authorized the State to implement the new formula described in the proposed rule retroactive to July 1, 2006.
See http://www.maine.gov/bms/rules/gen_other_rules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: March 1, 2007
AGENCY CONTACT PERSON: Scott Goulette, Comprehensive Health Planner, DHHS, Office of MaineCare 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/Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 104, Maine State Services Manual: Sections 2, 3 and 4, Maine Drugs for the Elderly Benefit, Maine Rx Plus and Maine Part D Wrap Benefits
ADOPTED RULE NUMBER: 2007-56
CONCISE SUMMARY: The most significant change in the proposed rules is a modification of the Rural Dispensing Fee Payment (formerly known as the Maine Retail Pharmacy Provider Incentive Payment). The incentive is being revised to mirror the CMS-approved language developed for the State Medicaid (i.e., MaineCare) Pharmacy Benefit and applies to both the Maine Rx Plus and Drugs for the Elderly Benefits. The only proposed changes to the Part D Wrap Benefit are updates to the co-payment amounts outlined in Appendix A, and the inclusion of dual eligible members who are co-pay exempt under Chapter 1, Section 1.09-2 of the MaineCare Benefits Manual.
See http://www.maine.gov/bms/rules/gen_other_rules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: March 1, 2007
AGENCY CONTACT PERSON: Scott Goulette, Comprehensive Health Planner, DHHS, Office of MaineCare 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/Hard of Hearing)



AGENCY: 06-096 - Maine Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 378, Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and the Performance Standards for the Storage of Petroleum Products
ADOPTED RULE NUMBER: 2007-57
CONCISE SUMMARY: Changes to Chapter 378, Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt, are intended to: (1) allow the use of doubled walled fuel tanks for secondary containment; (2) update the performance standards for the storage of petroleum products for excavations; (3) to ensure consistency between regulatory programs, the rule repeals the external drainage standards and submissions required under the Variance rule and replaces them with the standards and submissions contained in the Stormwater Rules, Chapter 500.
EFFECTIVE DATE: February 27, 2007
AGENCY CONTACT PERSON: Mark Stebbins, Department of Environmental Protection, 312 Canco Road, Portland, ME 04103
TELEPHONE: (207) 822-6367
FAX: (207) 822-6103
E-MAIL: Mark.N.Stebbins@maine.gov