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Home > Weekly Newspaper Notices > March 14, 2007

March 14, 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: 19-501 - Department of Economic and Community Development (DECD), Maine Film Office (MFO)
RULE TITLE OR SUBJECT: Ch. (New), Proposed Rule for Administering the Maine Attraction Film Incentive Program
PROPOSED RULE NUMBER: 2007-P54
CONCISE SUMMARY: This proposed rule will allow DECD to administer the wage reimbursement and income tax credit programs of the Maine Attraction Film Incentive Program. It describes the design of the program and in the mechanics of managing it.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Sec. GG-1. 5 MRSA §13090-L
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: April 13, 2007 at 4:00 p.m.
AGENCY CONTACT PERSON: Lea Girardin, Director, Maine Film Office, Department of Economic and Community Development, Maine Film Office, 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9828



AGENCY: 06-096 - Maine Department of Environmental Protection, Bureau of Air Quality
RULE TITLE OR SUBJECT:
* Ch. 121, Emission Limitations and Emission Testing of Resource Recovery Facilities; and
* 111(d), Municipal Waste Combustor (MWC) State Plan for Large and Small (Class I and II) Facilities
PROPOSED RULE NUMBER: 2007-P55
CONCISE SUMMARY: This State Plan and amendments to Chapter 121 update the emission standards for Municipal Waste Combustors in the State of Maine. As established in the 1990 Clean Air Act Amendments (CAAA) the federal Environmental Protection Agency has developed emission guidelines to control air pollutant emissions from solid waste combustion and set standards requiring reduction in emissions of toxic air pollutants. This is accomplished by setting performance standards, work practice standards or emission limitations based on controls and practices for the regulated industry and is updated on a regular basis as technology improvements come about. The Department is seeking to adopt the federal standards by reference and to adopt a more stringent state standard for dioxin furan emissions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA
* §585. Establishment of emission standards
The board may establish and may amend standards, herein called "emission standards", limiting and regulating in a just and equitable manner the amount and type of air contaminants which may be emitted to the ambient air within a region. Such emission standards shall be designed to prevent air pollution and to achieve and maintain the ambient air quality standards within the region in which applicable.
* § 585-B. Hazardous air pollutant standards
1. Standards. The board may establish and amend emission standards for hazardous air pollutants, and regulations to implement these standards. If emission standards are not feasible, the board may adopt design, equipment, work practice or operational standards for activities emitting hazardous pollutants.
* § 590. Licensing
1. License required. After ambient air quality standards and emission standards have been established within a region, the board may by rule provide that a person may not operate, maintain or modify in that region any air contamination source or emit any air contaminants in that region without an air emission license from the department.
PUBLIC HEARING: April 5, 2007, 1:00 p.m., Civic Center, Augusta, Maine
DEADLINE FOR COMMENTS: April 19, 2007
AGENCY CONTACT PERSON: Deb Avalone-King, Maine DEP Air Bureau, 17 State House Station, Tyson, Augusta, ME 04333-0017
TELEPHONE: (207) 287-2437
FAX: (207) 287-7641



AGENCY: 16-226 - Maine Department of Public Safety, Bureau of the Maine State Police, Bureau of Liquor Enforcement
RULE TITLE OR SUBJECT:
Ch. 5, Labeling
Ch. 7, Advertising and Signs Applicable to All License Holders
Proposed Rule Number: 2007-P56, P57
CONCISE SUMMARY: Through this rulemaking process, Chapter 5 of the bureau will be repealed and replaced. The new Chapter 5 will articulate the requirements for registering labels on specified alcoholic beverage products sold in Maine. In addition, Section 3 of Chapter 7 of the bureau will be amended to clarify the standard that will be used to determine whether an advertisement for specified alcoholic beverage products sold in Maine is “obscene” and therefore prohibited.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 28-A MRSA §82, sub-§2; 28-A MRSA §6, sub-§2
PUBLIC HEARING): None scheduled.
DEADLINE FOR COMMENTS: By 5 p.m. Monday, April 16, 2007
AGENCY CONTACT PERSON: Jeffrey Austin, Maine Department of Public Safety, Bureau of the Maine State Police, Liquor Licensing Unit, 45 Commerce Drive, Suite 1, Augusta, ME 04333-0042
TELEPHONE: (207) 624-7220


ADOPTIONS



AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 18, ATV Municipal Grant-In-Aid Program
ADOPTED RULE NUMBER: 2007-77
CONCISE SUMMARY: Increases the percentage of the State’s maximum cost sharing on municipal grants from 50% to 70% and updates statutory references contained in the rule.
EFFECTIVE DATE: March 11, 2007
AGENCY CONTACT PERSON: Brian Bronson, Bureau of Parks and Lands, ORV Division, State House Station #22, Augusta, ME 04333-0022
TELEPHONE: (207) 287-4958



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. #152A: Able Bodied Adults Without Dependents (ABAWDs).
ADOPTED RULE NUMBER: 2007-78
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: Chester, Clifton, Dixmont, Drew Plantation, East Central Penobscot (Grand Falls Plantation), Glenwood Plantation, Greenbush, LaGrange, Lakeville, North Penobscot, Patten, Twombly (unorganized) and Whitney (unorganized).
c. Removes from the geographic exemption: Acton, Alfred, Berwick, Bowdoin, Edinburg, Exeter, Lebanon, Limerick, Lowell, Newfield, North Berwick, Sanford, Shapleigh, South Berwick, Vienna, and Waterboro.
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.
EFFECTIVE DATE: November 1, 2006
AGENCY CONTACT PERSON: Robert L. 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



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 25, Dental Services
ADOPTED RULE NUMBER: 2007-79
CONCISE SUMMARY: The Department is permanently adopting rules for the 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. The Department is also introducing a new Handicapping Labiolingual Deviation Index Report (HLD) and instructions for completing the form. Providers will use this form to assist in determining the extent of a member’s malocclusion. The Department anticipates the new changes and simplification of the orthodontic process will result in a reduction in paperwork, billing, and processing costs for both providers and MaineCare. This rulemaking also eliminates a step in the initial orthodontic prior authorization process that will result in an additional reduction in paperwork and cost to both MaineCare and providers.
The Department made other changes in this rulemaking that 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. The Department made several other structural, administrative and grammatical changes within this rulemaking.
See: http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: April 1, 2007
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner, Division of Policy, 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/Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 15, Chiropractic Services
ADOPTED RULE NUMBER: 2007-80
CONCISE SUMMARY: This rulemaking permanently adopts the proposed rule that entailed changes to the MaineCare Benefits Manual, Chapters II & III, Section 15, Chiropractic Services. This rule has an effective date of April 1, 2007.
The final rule updates Chapter III of Section 15 to include pricing changes for radiology services, changes in modifier usage and a procedure code pricing increase. The Department also made technical corrections in the code descriptions based on the current terminology listed in the most recent edition of the Current Procedural Terminology (CPT) manual published by the American Medical Association. This change allows MaineCare to mirror the CPT coding system for a more uniform method of billing for professional services. The Department made several other clarifying, structural, administrative and grammatical changes within this rulemaking.
The Department did not delete all the language as proposed in Chapter III, Payment Calculation. The Department believes some of the information listed in this Section would still be beneficial to providers.
See: http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: April 1, 2007
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner, Division of Policy, 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/Hard of Hearing)



AGENCY: 03-201 - Maine Department of Corrections
RULE TITLE OR SUBJECT:
Ch. 10, Policy and Procedures Manual – Adult, Subsection 18.22: Consent to HIV Testing and Disclosure of Test Results
Ch. 12, Policy and Procedures Manual – Juvenile, Subsection 13.22: Consent to HIV Testing and Disclosure of Test Results
Also repeals Ch. 11, Contingency Plan (#2) for Testing and Release of Information Pertaining to the Presence of Antibodies or Antigens for Human Immunodeficiency Virus (HIV)
ADOPTED RULE NUMBER: 2007-81, 82, 83
The Maine Department of Corrections is repealing Chapter 11, Testing/Release of Information Pertaining of Antibodies/Antigens of AIDS Virus and replacing it with the two above rules.
In addition to technical changes, the major substantive change is the addition of a Chief Administrative Officer of a facility to which a prisoner or resident is transferred as a person to whom HIV test results may be disclosed.
EFFECTIVE DATE: March 12, 2007
AGENCY CONTACT PERSON: Esther Riley, Department of Corrections, State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4681



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 50, ICF-MR Services
ADOPTED RULE NUMBER: 2007-84
CONCISE SUMMARY: Due to the extensive changes in both format and content, the Department has repealed and replaced Chapter II Section 50. The Definition section has been 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 has also revised 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 adds a rehabilitation potential prerequisite for adults receiving speech-language therapy services.
See http://www.maine.gov/bms/rules/gen_other_rules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: March 15, 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)