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Home > Weekly Newspaper Notices > May 16, 2007

May 16, 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: 04-061 – Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Ch. 10, Land Use Districts and Standards: Proposed Rule Changes for Land Use Activities in Flood Prone Areas
PROPOSED RULE NUMBER: 2007-P94
CONCISE SUMMARY: The Commission is proposing amendments to its Ch. 10, Land Use Districts and Standards rules for development in flood prone areas. The proposed changes would amend the rules to make them more consistent with the Federal Emergency Management Agency’s National Flood Insurance Program requirements. The proposal adds definitions of “substantial damage” and “substantial improvement” to Section 10.02, Definitions, and related revisions that incorporate the new terminology into Section 10.07,A, Exemptions, and Section 10.11,B, Nonconforming Uses and Structures, as appropriate. The term “substantial improvement” also replaces the phrase “other than normal maintenance and repair” throughout Section 10.25,T, Development Standards, as appropriate.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §684 and §685-C (3) and (5)
PUBLIC HEARING: No public hearing will be held.
DEADLINE FOR COMMENTS: Friday, June 15, 2007
AGENCY CONTACT PERSON: Susan Burns, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: (207) 287-4969
E-MAIL: susan.burns@maine.gov



AGENCY: 12-597 - Maine Department of Labor, Bureau of Employment Services
RULE TITLE OR SUBJECT: Ch. 1, Rules Governing Implementation of the Trade Adjustment Assistance Program
PROPOSED RULE NUMBER: 2007-P95
CONCISE SUMMARY: This is an amendment to the rules that establish standards and procedures for implementing the Trade Adjustment Assistance Act. The amendment (1) changes the definition of “supportive services”; and (2) limits reimbursement of employers for wages paid for on-the-job-training.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §2051
PUBLIC HEARING: No hearing
DEADLINE FOR COMMENTS: June 18, 2007
AGENCY CONTACT PERSON: Judy Pelletier, Trade Program Manager, MDOL Bureau of Employment Services, 55 State House Station, Augusta, ME 04333-0055
TELEPHONE: (207) 623-7993



AGENCY: 95-629 - Dirigo Health Agency
RULE TITLE: Ch. 4, Practice and Procedure Governing Adjudicatory Proceedings
PROPOSED RULE NUMBER: 2007-P96
CONCISE SUMMARY: These rules, adopted pursuant to the Dirigo Health Act, establish Rules of Practice and Procedure Governing Adjudicatory Proceedings.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §9051 et seq.; 24-A MRSA §6908
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: Friday, June 15, 2007
AGENCY CONTACT PERSON: Gloria Tomsa, Director of Operations, Dirigo Health Agency, 53 State House Station, 211 Water Street, Augusta, Maine 04333-0053
TELEPHONE: (207) 287-9963
FAX: (207) 287-9922



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual: Proposed TANF Policy No. 81P, Presumptive Eligibility Determination for TANF-incapacity
PROPOSED RULE NUMBER: 2007-P97
CONCISE SUMMARY: This rule proposes to amend existing rules concerning the presumptive eligibility determination for TANF-incapacity.
* extends presumptive eligibility determinations for TANF-incapacity to up to 11 months; and
* requires Office of Integrated Access and Support Supervisors to determine presumptive eligibility for TANF-incapacity.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA &3762(3.A.) and 22 MRSA &3762(3.B.)(3)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: June 15, 2007
AGENCY CONTACT PERSON Rose Masure, Division Director, Programs and Policy, 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) 287-3104
TTY: (800)-606-0215 (Deaf/Hard of Hearing



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 214, Exemption of Telephone Utilities from Certain Filing and Approval Requirements
PROPOSED RULE NUMBER: 2007-P98
CONCISE SUMMARY: In this Notice of Rulemaking, the Maine Public Utilities Commission issues a proposed rule which exempts certain telephone utilities, with respect to specific services, from the tariffing and approval requirements of 35-A MRSA §§ 304, 307 and 310. This chapter also establishes conditions under which the Commission may grant additional exemptions or revoke exemptions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA §§ 307-A, 104, 111
PUBLIC HEARING: June 6, 2007, 9:30 a.m., Horace Libby Hearing Room, Public Utilities Commission, 242 State Street, Augusta, Maine
COMMENT DEADLINE: Pre-hearing written comments may be filed no later than June 1, 2007. Comments may also be filed after the hearing, no later than June 22, 2007.
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 21, Home and Community Benefits for Members with Mental Retardation and Autistic Disorder
PROPOSED RULE NUMBER: 2007-P99
CONCISE SUMMARY: This rulemaking repeals and replaces the existing section of Home and Community Benefits for Members with Mental Retardation and Autistic Disorder. Chapter II incorporates revised service definitions, and eliminates two services (personal support and respite). The revision of service definitions also alters what previously were three definitions into six, with the result being three new stand-alone services; crisis assessment, work support and counseling. These changes and clarifications in definitions will align with a new methodology of setting detailed rates in Chapter III. Chapter III establishes new billing procedure codes based on HIPAA compliant CPT coding.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 10, 12, 42(1), 3173
PUBLIC HEARING: June 8, 2007, 8:30 a.m., Conference Room # 1A, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME 04333. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before May 14, 2007.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Monday, June 18, 2007
AGENCY CONTACT PERSON: Ginger Roberts, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS



AGENCY: 94-411 - Maine State Retirement System
CHAPTER NUMBER AND TITLE: Ch. 702, Appeals of Final Decisions of the Executive Director
ADOPTED RULE NUMBER: 2007-183
CONCISE SUMMARY: The Retirement System's rules of practice for administrative appeals are being amended such that a preliminary Executive Director decision must be issued in all cases of denial, followed by a period during which the parties may submit additional information for consideration prior to the issuance of a final decision of the Executive Director. If the matter is then brought forward into an appeal, no new expert evidence or expert testimony may be introduced except where it can be demonstrated that it was impossible to have presented that evidence earlier. The proposed amendments also set forth timeframes for the submission of information and the processing of an appeal.
EFFECTIVE DATE: May 9, 2007
AGENCY CONTACT PERSON: Kathy Morin, Maine State Retirement System, 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or 1 (800) 451-9800



AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 611, Amendment 10: Maine College Savings Program
ADOPTED RULE NUMBER: 2007-184
CONCISE SUMMARY: In accordance with Executive Order 17 FY 02/03, enclosed for your review is a copy of the above-referenced amendment to Chapter 611 of the Rules of the Finance Authority of Maine The rule amendment modifies the income eligibility requirements for an initial matching grant and an annual matching grant, increasing the maximum eligible family adjusted gross income to $75,000 for each.
The rule amendment increases the time an individual must wait to use an initial matching grant from twelve months to twenty-four months, except for individuals participating in the Department of Labor's Lifelong Learning Account Program. The rule amendment creates a Gold Star Scholarship for dependent children of individuals killed in action while deployed in support of combat operations in Iraq or Afghanistan after September 11, 2001 and prior to December 31, 2006.
EFFECTIVE DATE: May 12, 2007
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 29, Dealer Margins
ADOPTED RULE NUMBER: 2007-185
CONCISE SUMMARY: Dealer Margins have been amended to reflect current processing costs.
EFFECTIVE DATE: May 18, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 05-071 - Maine Department of Education
CHAPTER NUMBER AND TITLE: Ch. 28, Closing a School in the Unorganized Territory
ADOPTED RULE NUMBER: 2007-186
CONCISE SUMMARY: Prior to closing a school within the unorganized territory, the commissioner of education shall hold a public hearing in the area served by the school.
EFFECTIVE DATE: June 9, 2007
AGENCY CONTACT PERSON: Richard A. Moreau, Director of State Schools – EUT, Department of Education, Division of State Schools – EUT, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6895