Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Newspaper Notices > July 18, 2007

July 18, 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: 12-152, Department of Labor, Bureau of Rehabilitation Services, Division of Vocational Rehabilitation
RULE TITLE OR SUBJECT:
Ch. 1, Division of Vocational Rehabilitation Policy Manual
Ch. 7, Independent Living Services Program Manual
Ch. 8, Consumer Directed Personal Assistance Services
Ch. 14, Rule Governing the Administration of the Maine Equal Access Program for Deaf, Hard-of-hearing or Speech-impaired Consumers of Wireless Telecommunications Services
Ch. (New), Nondiscrimination Policy and Grievance Procedure
PROPOSED RULE NUMBER: 2007-P158 through P162
CONCISE SUMMARY: (For complete copies of the proposed rules, showing changes to existing rules, write or call the Agency Contact Person listed below.)
Ch. 1: Amendments to the Division of Vocational Rehabilitation Policy Manual. The areas amended are the appeals process, the definition of Self-Employment, and changing the level of support to consumers for the first two years of Post-Secondary training from University of Maine System rates to Community College rates. Link to existing rule: http://www.maine.gov/sos/cec/rules/12/152/152c001.doc
Ch. 7: Amendments to the Division of Vocational Rehabilitation Independent Living Services Program Manual, the rules that govern the delivery of independent living services for persons with disabilities. The area amended is the appeals process, reflecting recently enacted federal legislation and regulations. Link to existing rule: http://www.maine.gov/sos/cec/rules/12/152/152c007.doc
Ch. 8: Repeal of Program Rules for Department’s Consumer Directed Personal Assistance Program, also known as CDPAS Program due to the legislative transfer of the program to the Department of Health and Human Services. Link to existing rule: http://www.maine.gov/sos/cec/rules/12/152/152c008.doc.
Ch. 14: Repeal of Program Rules for Maine Equal Access Program, also known as Cell Phone Rebate, for deaf or hard of hearing individuals using cell phones with TTYs. The program was enacted by PL 377 in 2001 and repealed October 31, 2005. Link to existing rule: http://www.maine.gov/sos/cec/rules/12/152/152c014.doc
Ch. (New): Rule to establish a standard statewide policy and procedure for compliance with the federal Americans with Disabilities Act and Section 504. As required by Executive Order 6 FY 04/05, State departments shall adopt a grievance procedure based on the Department of Labor’s model.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:
Ch. 1: Title 26 MRSA, § 1417
Ch. 7: Title 26, § 1412-E
Ch. 8: Title 26 MRSA §1412-G
Ch. 14: Title 26 MRSA, § 1419-B
New Ch.: Title 26 MRSA, § 1412-F
PUBLIC HEARING: Tuesday, August 7, 2007, from 1:00 to 4:00 p.m. at the Department of Labor, 45 Commerce Drive, Augusta, Maine. The hearing will be held in the Frances Perkins Conference Room, in conjunction with the Division for the Blind and Visually Impaired. There will be American Sign Language (ASL) interpreters available at the hearing. The proposed rules are available in alternative formats. Individuals with disabilities may request auxiliary aids and services or an accommodation by contacting Eric Dibner -- Tel: (207) 623-7950, TTY: (888) 577-6690, or eric.dibner@maine.gov. Requests for accommodation should be made as soon as possible.
DEADLINE FOR COMMENTS: August 17, 2007
AGENCY CONTACT PERSON: Mel Gleason, Division of Vocational Rehabilitation, 150 State House Station, Augusta, ME 04333-0150
TELEPHONE: (207) 623-7963
EMAIL: melvin.j.gleason@maine.gov



AGENCY: 12-150 - Department of Labor, Bureau of Rehabilitation Services, Division for Blind and Visually Impaired
RULE TITLE OR SUBJECT:
Ch. 105, Rules Governing Independent Living Services for Individuals Who Are Blind or Visually Impaired
Ch. 101, Rules Governing Vocational Rehabilitation Services for Individuals Who Are Blind or Visually Impaired
PROPOSED RULE NUMBER: 2007-P163 and P164
CONCISE SUMMARY:
Ch. 105: Amendments to the rules governing the provision of Independent Living services for individuals who are blind or visually impaired. The rules section that is amended pertains to the appeals process. The changes reflect recently enacted federal legislation and regulations.
Ch. 101: Amendments to the rules governing vocational rehabilitation services for individuals who are blind or visually impaired. The rules being amended pertain to the appeals process and the definition of self-employment. Modifications of the appeals process reflect recent changes to federal regulations.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §1418-C
PUBLIC HEARING: Tuesday, August 7, 2007, from 1:00 to 4:00 p.m. at the Department of Labor, 45 Commerce Drive, Augusta, Maine. The hearing will be held in the Frances Perkins Conference Room, in conjunction with the Division for the Blind and Visually Impaired. There will be American Sign Language (ASL) interpreters available at the hearing. The proposed rules are available in alternative formats. Individuals with disabilities may request auxiliary aids and services or an accommodation by contacting Eric Dibner -- Tel: (207) 623-7950, TTY: (888) 577-6690, or eric.dibner@maine.gov. Requests for accommodation should be made as soon as possible.
DEADLINE FOR COMMENTS: August 17, 2007
AGENCY CONTACT PERSON: Paul E. Cote, Bureau of Rehabilitation Services, Division for the Blind & Visually Impaired, 150 State House Station, Augusta, ME 04333-0150
TELEPHONE: (207) 623-7956


ADOPTIONS



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 25.96(B)(2)(f), Zone B Apprentice Requirement, and
Ch. 25.96(B)(3)(b)(ii)(2)(f), Zone B Apprentice Sponsor Requirement
ADOPTED RULE NUMBER: 2007-286
CONCISE SUMMARY: The Department of Marine Resources has adopted regulations in Chapter 25.96 based on a referendum response by Zone B members and a recommendation of the Zone B Lobster Management Council members to the Commissioner submitted in accordance with the provisions of 12 M.R.S.A. §6447(6). These regulations establish two new requirements in Zone B. Apprentices who wish to enter Zone B must complete their apprenticeship in that zone, and sponsors of Zone B apprentices must have held a Class I, II or III lobster and crab fishing license for at least 5 years in accordance with 12 M.R.S.A. §6447(5-C).
EFFECTIVE DATE: July 15, 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
TEL: (207) 633-9584
TTY: (207) 633-9500



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2007-287
CONCISE SUMMARY: The Department is adopting rules for hospital reimbursement that have an effective date of August 1, 2006. This rule change increases total state and federal expenditures for hospital services by approximately $4.9 million for SFY '07.
The changes adopted in this rulemaking include the following areas:
* Acute care, non-critical access hospitals: The Department is reformulating its price per discharge calculation and the associated Prospective Interim Payment (PIP) amounts. Per discharge payments for acute care and distinct psychiatric units are reduced. In addition, a total pool of approximately $35 million will be distributed among these hospitals based on relative share of inpatient discharges. Additionally, the PIP will be capped at the greater of the PIP that a hospital received during SFY '06 or 72% of the PIP calculated for SFY '07.
* Critical access hospitals: One million dollars will be added to the supplemental pool available for distribution.
* Hospitals that have been reclassified to a wage area outside Maine by the Medicare Geographic Classification Review Board: This new category of hospitals will be created for reimbursement purposes. Reimbursement will be 117% of costs.
The Department also clarified terminology in the rule and added more specificity to data used to calculate the PIP.
See http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rulemaking documents. EFFECTIVE DATE: August 1, 2007
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-287-9360
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)