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Home > Weekly Newspaper Notices > March 7, 2007

March 7, 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: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 815, Consumer Protection Standards for Electric and Gas Transmission and Distribution Utilities
PROPOSED RULE NUMBER: 2007-P48
CONCISE SUMMARY: This Rule establishes the minimum standards for the provision of service and the administration of credit and collection programs by electric and gas transmission and distribution utilities. These rules govern granting and denying service, credit and deposit practices, billing, disconnection, customer complaint procedures and methods of obtaining waivers from this Rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111, 704, and 1308
PUBLIC HEARING: March 30, 2007 at 9:00 a.m. at the Public Utilities Commission
DEADLINE FOR COMMENTS: April 27, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, Maine 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #04-07
PROPOSED RULE NUMBER: 2007-P49
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: March 23, 2007, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: March 23, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 50.02, Spiny Dogfish, Trip Limit – proposed increase and notice of quota closure; and Ch. 50.03 & Ch. 8, Landings Program – Reporting for Dogfish
STATUTORY AUTHORITY: 12 MRSA §6171
PROPOSED RULE NUMBER: 2007-P50, P51
CONCISE SUMMARY: The Atlantic State’s Marine Fisheries Commission’s Spiny Dogfish and Coastal Sharks Management Board voted on January 30, 2007 to increase the 2006/2007 quota to allow for a maximum harvest of six million pounds and to set state specified trip limits for the 2007/2008 fishing season at 3,000 lbs.
This proposed regulation would implement an increase in the trip limit for spiny dogfish in Maine’s territorial waters from 600 to 3,000 pounds when a concurrent federal and state waters closure is not in effect. When the annual quota for dogfish has been reached the public would be informed by public notice in a newspaper of statewide circulation. This amendment would provide for compliance with the ASMFC Fisheries Management Plan for spiny dogfish.
Additionally, in order to track the commercial landings of dogfish taken from territorial waters reporting regulations would be required in accordance with the DMR Landings Program and the Atlantic Coastal Cooperative Statistics Program.
Copies of entire Chapter 8 or 50 is available to download from: http://www.maine.gov/sos/cec/rules/13/188/188c008.doc;
http://www.maine.gov/sos/cec/rules/13/188/188c050.doc
STATUTORY AUTHORITY: 12 M.R.S.A. §6171, §6173
PUBLIC HEARING: Monday, March 26, 2007, 6:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
DEADLINE FOR WRITTEN COMMENTS: April 5, 2007
AGENCY CONTACT PERSONS: Terry Stockwell (207-624-6553) or Laurice Churchill (207-633-9584)
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
MAIL WRITTEN COMMENTS TO:
AGENCY NAME: Department of Marine Resources
ADDRESS: Attn. L Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.05, Moose Hunting
PROPOSED RULE NUMBER: 2007-P52
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing to adopt a rule establishing a moose hunting season in Wildlife Management Districts 15, 16, 23 and 26, beginning in 2008, to occur from the 4th Monday preceding Thanksgiving to the Saturday following Thanksgiving; the Saturday preceding the first day of this season is open for the hunting of moose by residents of this State only. The number of permits proposed to be issued for this season are as follows: WMD 15 – 25 “any moose” permits; WMD 16 – 20 “any moose” permits; WMD 23 – 45 “any moose” permits; and WMD 26 – 45 “any moose” permits. The term “any-moose” means a moose of either sex. Persons hunting moose during this season must comply with the same hunter orange requirements as deer hunters. The legal hunting hours will be from ˝ hour before sunrise to ˝ hour after sunset.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §11154
PUBLIC HEARINGS:
Monday, March 26, 2007 @ 6:30 p.m. – Auburn Middle School, 38 Falcon Drive (a.k.a. Upper Court Street), Auburn
Tuesday, March 27, 2007 @ 6:30 p.m. – Belfast City Hall, Council Chamber, 131 Church Street, Belfast
DEADLINE FOR COMMENTS: April 6, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. #332, MaineCare Buy-In Expansion, Rev. #235P
PROPOSED RULE NUMBER: 2007-P53
CONCISE SUMMARY: This rule proposes to increase the income guidelines for Buy-In eligibility as follows:
1. Increases maximum Qualified Medicare Beneficiaries (QMB) income limits from 100% of the Federal Poverty Level (FPL) to 150% of the Federal Poverty Level,
2. Increases maximum Specified Low-income Medicare Beneficiaries (SLMB) income limits from 120% of the Federal Poverty Level (FPL) to 170% of the Federal Poverty Level,
3. Increases Qualified Individuals Medicare Part 1 and 2 (QI) maximum income limits from 135% of the Federal Poverty Level (FPL) to 185% of the Federal Poverty Level.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 3173, 3174 and 42 USC §1396a(a)(10)(E) and 42 USC §1396a(r)(2)(A)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 6, 2007
AGENCY CONTACT PERSON: Bethany Hamm, MaineCare 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) 287-5093
TTY: (800) 606-0215 (Deaf/Hard of Hearing


ADOPTIONS



AGENCY: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Rule Ch. 545, Appointment Renewal Fees - Nonresident Individual Producers and Business Entities
ADOPTED RULE NUMBER: 2007-58
CONCISE SUMMARY: This Rule is adopted by the Superintendent pursuant to 24-A MRSA §§ 212 and 601, to establish the biennial appointment renewal fee for nonresident insurance producers.
EFFECTIVE DATE: February 28, 2007
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452



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 67, Nursing Facility Services
ADOPTED RULE NUMBER: 2007-59
CONCISE SUMMARY: The adoption of this rule allows the permanent addition of new language defining significant change and rehabilitation potential. The addition of the rehabilitation potential requirements affects speech-language therapy only, contrary to the original proposal which required both physical therapy and occupation therapy to meet the rehabilitation potential guidelines. The rule continues to exclude maintenance therapy as a covered service for physical, occupational and speech-language therapies. It also clarifies the use of the Medical Eligibility Determination (MED) form for determination of medical eligibility in nursing facilities. The rule adopts new language to clarify when an extraordinary circumstance period ends as well as requiring that appropriate placement be sought within a 60-mile radius for a member before requesting an extraordinary circumstance exception. The rule further instructs providers to send the Member Transfer Form to the Office of Elder Services, previously sent to Office of MaineCare Services. The rule also includes language that defines when a significant change assessment is appropriate. In addition, the rule clarifies the appropriateness of outside transportation services for nursing facilities. Finally, the rule makes minor language and technical corrections. There is no significant impact on providers or members as a result of this rule. There is also no financial impact as a result of this rule.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: March 1, 2007
AGENCY CONTACT PERSON: Alyssa Morrison , Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9342
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #03-07
ADOPTED RULE NUMBER: 2007-60
CONCISE SUMMARY: Minimum March 2007 Class I price is $17.50 plus $1.55/cwt. for Producer Margins, an over-order premium of $1.85/cwt. as being prevailing in Southern New England and $0.23/cwt. handling fee for a total of $21.33 that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm.
EFFECTIVE DATE: March 4, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 8, Landings Program, ASMFC Eel & Elver Reporting Compliance
ADOPTED RULE NUMBER: 2007-61
CONCISE SUMMARY: These adopted regulations institute trip level reporting of harvest by eel and elver harvesters. The rules also modify current dealer reporting requirements by standardizing reported data elements with other reporting regulations and removing the effort reporting requirement. Eel harvesters previously reported monthly catches and attempts to obtain effort data on the elver fishery through the elver dealers were not effective. The units of catch and effort data reported by the Atlantic States Marine Fisheries Commission (ASMFC) member states must be the same so the data can be used to complete stock assessments for management purposes. Therefore, addendum I to the American Eel Fisheries Management Plan (FMP) requires trip level reporting by dealers and/or harvesters.
RULE TITLE OR SUBJECT: Ch. 55.06, Fish Passage regulations
ADOPTED RULE NUMBER: 2007-62
CONCISE SUMMARY: These adopted regulations are intended to 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.
RULE TITLE OR SUBJECT: Ch. 55.30, Fishing in the Sheepscot River, Lincoln County, Exception
ADOPTED RULE NUMBER: 2007-63
CONCISE SUMMARY: An exception has been adopted to allow the use of elver fyke nets in the area closed to nets and seines in the Sheepscot River between the Wiscasset-North Edgecomb Bridge and the so- called Headtide Dam at Alna for the purpose of elver harvesting.
EFFECTIVE DATE: March 4, 2007
AGENCY CONTACT PERSON: Laurice U. Churchill, Department of Marine Resources, Attn. L Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500



AGENCY: 01-026 – Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE:
Amendment to Ch. 10, Definitions and Terms
Amendment to Ch. 20, Special Provisions
Amendment to Ch. 21, Pesticide Container Disposal and Storage
Amendment to Ch. 27, Standards for Pesticide Applications and Public Notification in Schools
Amendment to Ch. 28, Notification Provisions for Outdoor Pesticide Applications
Amendment to Ch. 31, Certification and Licensing Provisions/Commercial Applicators
ADOPTED RULE NUMBER: 2007-64 through 69
CONCISE SUMMARY: The Board has adopted a series of changes to these six chapters as follows: (1) amended Chapter 10 to clarify that persons treating standing utility poles are not exempt from commercial licensing, (2) amended Chapter 20 to add a provisions that explicitly prohibit unauthorized application of pesticides to the property of another; (3) amended Chapter 21 to correct an outdated phone number, (4) amended Chapter 27 to relax the notification and IPM requirements for treating mosquitoes when arbovirus positive animals have been detected in the area, (5) amended Chapter 28 to allow persons requesting notice to also request a copy of a label or an MSDS and add an economic hardship waiver of the fee to be on the Pesticide Notification Registry, and (6) amended Chapter 31 to combine a few subcategories.
EFFECTIVE DATE: March 4, 2007
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04330-0028
TELEPHONE: (207) 287-2731



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, OIAS #231A: Deficit Reduction Act of 2005 MaineCare Treatment of Assets and Asset Transfers.
ADOPTED RULE NUMBER: 2007-70
CONCISE SUMMARY:
* Increase the asset transfer look back period from 36 months to 60 months.
* Change the start date of an asset transfer penalty period to the later of the month of the transfer or the month the individual would otherwise be eligible for and receive long-term care coverage.
* Impose transfer penalties for multiple transfers with a value less than the average nursing home private pay rate.
* Impose transfer penalties on a partial month of ineligibility.
* Add funds used to purchase certain promissory notes, loans, or mortgages to the definition of countable assets.
* Make an individual ineligible for MaineCare long term care services if their primary residence has an equity value greater than $750 thousand and clarifies the treatment of a loan against the home if the proceeds are given away.
* Add the purchase of certain life estate interests in the home of another and certain entrance fees for Continuing Care Retirement Communities to the definition of countable assets.
* Add language explaining when annuities are counted as assets.
* Add clarification concerning when the purchase of certain annuities are considered asset transfers subject to penalty.
* Clarify the circumstances and process under which MaineCare will grant undue hardship waiver and therefore decline to assess a transfer penalty.
* Clarify the definition of Fair Market Value as it relates to exempt transfers and define when an individual may transfer assets for services provided by a relative.
* Remove language and examples made inappropriate by the above proposed rule changes.
EFFECTIVE DATE: April 1, 2007
AGENCY CONTACT PERSON: Bethany Hamm, 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) 287-5093
TTY: (800) 606-0215