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Home > Weekly Newspaper Notices > August 29, 2007

August 29, 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: 10-144 - Department of Health & Human Services
RULE TITLE OR SUBJECT: Ch. 700, Rules relating to the Maine Maternal and Infant Mortality and Resiliency Review Panel
PROPOSED RULE NUMBER: 2007-P208
CONCISE SUMMARY: These rules establish the responsibilities of the Maine Maternal & Infant Mortality and Resiliency Review Panel in regard to collection of data, panel membership, conduct of family/parent interviews, confidentiality, and the nature of contact between the Maine Maternal and Infant Mortality and Resiliency Review Panel with families and access to medical records and the conduct of reviews of maternal and infant deaths.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §261
PUBLIC HEARING): Tuesday, September 18, 2007 at 2 p.m., 244 Water St, Augusta, ME, First Floor Conference Room
DEADLINE FOR COMMENTS: Friday September 28, 2007. Written comments by mail or fax (207) 287-4743
AGENCY CONTACT PERSON: Ellie Mulcahy, DHHS, Center for Disease Control, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-4623, 1 (800) 698-3624
TTY: 1 (800) 606-0215



AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 245, Military Life Insurance and Annuity Sales Practices
PROPOSED RULE NUMBER: 2007-P209
CONCISE SUMMARY: The purpose of this Rule is to set forth standards to protect active duty service members of the United States Armed Forces from dishonest and predatory insurance sales practices by declaring certain identified practices to be false, misleading, deceptive, or unfair.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: This Rule is adopted under the authority of 24-A MRSA §§ 212 and 2151-B.
PUBLIC HEARING: No public hearing is scheduled. A public hearing will be held if requested by any five interested persons.
DEADLINE FOR COMMENTS: September 28, 2007 at 5:00 p.m.
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch.340, Mortality Tables for Use in Determining Minimum Reserves and Nonforfeiture Benefits
PROPOSED RULE NUMBER: 2007-P210
CONCISE SUMMARY: The purpose of the amendment is to establish standards for credit life insurance reserves.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This rule is promulgated by the Superintendent pursuant to Title 24-A MRSA §§ 212, 953 and 2532-A.
PUBLIC HEARING: No public hearing is scheduled. A public hearing will be held if requested by any five interested persons.
DEADLINE FOR COMMENTS: September 28, 2007 at 5:00 p.m.
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 8.20(M), Landings Program, Harvester Reporting, Lobster Harvest
PROPOSED RULE NUMBER: 2007-P211
CONCISE SUMMARY: The Department of Marine Resources proposes rules to institute trip level reporting of harvest by lobster harvesters. The proposed rules would apply annually to ten percent of lobster and crab license holders except apprentices as they do not hold traps. These requirements would also provide compliance with Atlantic States Marine Fisheries Commission (ASMFC), Addendum X to Amendment 3 to the American Lobster Fisheries Management Plan (FMP) designed to minimize the chance of population collapse due to recruitment failure.
An electronic copy of the entire Ch. 8 Landings Program rules is available online at: http://www.maine.gov/sos/cec/rules/13/188/188c008.doc and a copy of Addendum X is available online at: http://www.asmfc.org/. An electronic copy of this proposal is available at the web site listed below.
STATUTORY AUTHORITY: 12 MRSA §6171, §6173
AGENCY CONTACT PERSONS: Heidi Bray (tel: 207-633-9504) or David Libby (tel: 207-633-9532)
PUBLIC HEARINGS:
Mon., Sept. 17, 2007, 6:00 p.m., UMM, Performing Arts Center, 9 O’Brien Ave., Machias;
Tues., Sept. 18, 2007, 6:00 p.m., Ellsworth Middle School, Gymnasium, 20 Forest Ave., Ellsworth;
Wed., Sept. 19, 2007, 6:00 p.m., Great Salt Bay School, Gymnasium, 559 Main Street, Damariscotta;
Thur., Sept. 20, 2007, 6:00 p.m., High School Cafeteria, Durant Drive (formerly 11 Municipal Drive), (The High School is located behind the Municipal Building located at 259 Route 1), Scarborough
DEADLINE FOR WRITTEN COMMENTS: Monday, October 1, 2007
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
MAIL WRITTEN COMMENTS TO:
AGENCY NAME: 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
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 32, Rules for Operation of Agricultural Marketing Loan Fund
PROPOSED RULE NUMBER: 2007-P212
CONCISE SUMMARY: This rule-making will make a number of changes in administration of the loan fund because of changes in the law. Changes include allowing for pre-application costs to be allowed as a project cost if approved by the commissioner, allowing the administrator to do construction loans, changing the amount of state participation in the loan, allowing for less application information to be submitted for smaller loans, and removing from eligibility any potato storage project which could be funded under the PMIF program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA Ch. 110 §1023-J, and 7 MRSA sub-§434 et seq.
PUBLIC HEARING: None scheduled at this time
DEADLINE FOR COMMENTS: 5:00 p.m., Friday, October 15, 2007
AGENCY CONTACT PERSON: Jane Aiudi, Director, Division of Market and Production Development, Department of Agriculture, Food and Rural Resources, 28 State House Station, AMHI Annex, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3491
FAX: (207) 287-5576



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #10-07
PROPOSED RULE NUMBER: 2007-P213
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: September 21, 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: September 21, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 311, Portfolio Requirement
PROPOSED RULE NUMBER: 2007-P214
CONCISE SUMMARY: Through this notice, the Commission initiates a rulemaking proceeding to amend the portfolio requirement rule (Ch. 311) to implement recently enacted legislation. This legislation adds a mandate that specified percentages of electricity supply that serve Maine's consumers come from "new" renewable resources.
THIS RULE WILL HAVE A MINIMAL FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA §§ 3210(3)(3-A)
PUBLIC HEARING: September 18, 2007 at 9:00 a.m., Horace Libby Hearing Room, 242 State Street, Augusta
COMMENT DEADLINE: September 28, 2007. However, the Commission requests that comments be filed by September 12, 2007, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing.
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. I Section 1, General Administrative Policies and Procedures, Appendix #3, Non Categorical Adults and MaineCare Benefits Manual, Ch. X Section 2, MaineCare for Childless Adults Benefit.
PROPOSED RULE NUMBER: 2007-P215
CONCISE SUMMARY: The Department is proposing to remove Appendix #3, the Non-categorical Adults language, from Ch. I Section 1, General Administrative Policies and Procedures of the MaineCare Benefits Manual. The Department also proposes to create a new Ch. X Section 2 where this non-categorical adult language will be added and defined as the MaineCare for Childless Adults Benefit. Included in the policy language are termination regulations, definitions, eligibility criteria, covered services, waiting list rules and appeal rights. In addition to the services described as covered services in Appendix #3, this proposal adds the following five covered services to the rule: Medical supplies and durable medical equipment (oxygen and insulin pumps/supplies only), Podiatric services, Ambulance services, Medical Imaging services, and Laboratory services.
This rule, along with the stricken Non-categorical Adults rules in Ch. I, becomes effective 10/1/07 provided that CMS has approved the Waiver by October 1, 2007. If CMS has not approved the Waiver by 10/1/07 but has approved a temporary extension, the current Non-categorical Adult rules in Ch. I remain in effect until the Waiver is approved. If CMS has neither approved the Waiver nor granted a temporary extension, the Department will notify enrollees and interested persons of the status of the Waiver as required by federal and state law.
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: The authority for this Section is 22 MRSA §3, the authority stated in Ch. I of the MaineCare Benefits Manual, and the Special Terms and Conditions contained in ll-W-00128/1, Maine Medicaid Title Demonstration Proposal entitled Health Care Reform Demonstration for Individuals with HIV/AIDS, a waiver granted by the Federal Centers for Medicare and Medicaid Services under Title XIX, §1115(e) of the Social Security Act.
PUBLIC HEARING: A public hearing is not scheduled for this proposed rule. Written comments will be allowed until Friday, September 28, 2007. If five or more individuals request a public hearing, then a hearing will be scheduled and the Department will notify the public.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 28, 2007.
AGENCY CONTACT PERSON: Alyssa Morrison, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF): Proposed TANF Policy No. 82P - Transitional Child Care (TCC)
PROPOSED RULE NUMBER: 2007-P216
CONCISE SUMMARY: The Department adopts Emergency Rules to achieve a savings in the administrative costs of the Transitional Child Care Program beginning October 1, 2007 as required by State Public Law, Ch. 240, page 402.
The Emergency Rule Changes the administration of the Transitional Child Care Program from contracted services with Voucher Management Agencies (VMA) to the Office of Integrated Access and Support (OIAS).
Currently, OIAS administers the first month of Transitional Child Care benefits and transfers the TCC family to a VMA for on-going maintenance and benefit determination. The Emergency rule amends existing TCC rules to change who administers the TCC program beginning October 1, changes the issuance of TCC benefits from monthly to weekly, amends the application process, establishes a redetermination process, amends a client's reporting responsibilities, and explains when a ten-day adverse notice will not be provided.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 3762-3790
PUBLIC HEARING Thursday, 9:00 a.m. September 20, 2007, Jewett Hall Auditorium, University of Maine at Augusta, 46 University Drive, Augusta Maine 04330.
DEADLINE FOR COMMENTS: October 1, 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)


ADOPTIONS



AGENCY: 02-381 - Office of Licensing and Registration, Oil and Solid Fuel Board
CHAPTER NUMBER AND TITLE: Ch. 3, Categories and Responsibilities of Licensure; Ch. 4, Qualifications for Licensure
ADOPTED RULE NUMBER: 2007-344 and 345
CONCISE SUMMARY: The board adopted these chapters on an emergency basis. Ch. 3 provides that a person licensed as a limited energy auditor technician is limited to performing combustion safety and efficiency testing on oil-fired heating or oil-fired water heating equipment. Limited energy auditor technicians will not be permitted to make any adjustments to oil-fired or oil-fired water heating equipment. Ch. 4 sets forth the qualifications for licensure as a limited energy auditor technician. Ch. 4 also provides that experience gained as a limited energy auditor technician cannot be used to satisfy the prerequisite needed to obtain a master or journeyman oil burner technician's license.
EFFECTIVE DATE: August 17, 2007
AGENCY CONTACT PERSON: Cheryl Hersom, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8605



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 113, Allowances for Transportation Services
ADOPTED RULE NUMBER: 2007-346
CONCISE SUMMARY: This rule reflects current transportation practices and increases the transportation rates, with legislative approval, for Wheel Chair Van Providers providing Door Though Door (Base Rate) – Non-Emergency Transportation. This rule clarifies the current allowances for transportation services regarding units of service and maximum allowances when applicable. Specifically, this proposed rule defines actual dollar amounts for all wheelchair van provider services. This rule also clarifies that the full service providers’ base rates, seven-day clinic services and day habilitation services are based on rate setting agreements and are documented in this rule as “Per Agreement with Provider” under the “Maximum Allowance.” “By Report” is listed for the “Maximum Allowance” only in circumstances in which the provider is reporting on the “Actual Fare” for the “Unit of Service” This rule will continue to assist MaineCare members with access to medically necessary services through transportation providers by assuring efficient reimbursement. The Department adopts this Final Rule, retroactive from July 1, 2007, with an amendment increasing the Maximum Allowance for the reimbursement base rate for Non-Emergency, Door-Through-Door Wheelchair Van Transportation Services (Proc. Code #A0130) from $16.98 per trip to $24.28 per trip.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 1, 2007
AGENCY CONTACT PERSON: Melanie Miller, LSW, MPA, Comprehensive Health Planner
AGENCY NAME: Office of MaineCare Services, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-287-4459
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)



AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 872, Exemptions from the Ban on Sale of Mercury Switches, Relays and Measuring Devices
ADOPTED RULE NUMBER: 2007-347
CONCISE SUMMARY: The Board of Environmental Protection has given its final approval to Ch. 872, section 9, a major substantive rule that it provisionally adopted March 1, 2007. Ch. 872 is a new rule establishing the procedure by which the manufacturer of a mercury relay, switch or measuring device may apply for an exemption from the sales prohibition under the Maine Revised Statutes, Title 38, section 1661-C, subsections 6 and 7. Section 9 of the rule requires those applying for exemption to pay a processing fee of $500.
EFFECTIVE DATE: September 21, 2007
AGENCY CONTACT: John James, DEP-BRWM, 17 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7866



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #09-07
ADOPTED RULE NUMBER: 2007-348
CONCISE SUMMARY: Minimum September 2007 Class I price is $25.16/cwt. plus $0.71/cwt. for Producer Margins, an overorder premium of $1.85/cwt. as being prevailing in Southern New England and $0.00/cwt. handling fee for a total of $27.92/cwt. 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: September 2, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
CHAPTER NUMBER AND TITLE: Ch. 32, Rules for the Licensing of Child Care Facilities.
ADOPTED RULE NUMBER: 2007-349
CONCISE SUMMARY: Adoption of these regulatory provisions adds more specific protection for children who participate in swimming and wading activities while attending a child care facility licensed by Maine. The adopted swimming and wading provisions include the following.
[1] Appropriately trained water safety attendants, as required by these rules, include a lifeguard; a person with valid CPR and first aid certificates; and a person who has completed a Department-approved basic water safety course that includes training in non-swimming rescue techniques. [2] A water safety attendant must be present during swimming and wading activities. [3] Generally, a lifeguard must be present when pools are more than four feet deep and sixteen feet wide. [4] Generally, a water safety attendant does not count toward compliance with the staff-to-child ratios. [5] However, if three or fewer children are in the swimming pool and the water safety attendant is stationed outside and next to the swimming pool, the water safety attendant may count toward the staff-to-child ratio.
[6] Facilities must have written policies and procedures regarding swimming and wading activities and safety procedures. [7] Documentation requirements include [a] written parental permission to participate in swimming and wading activities [the statement must describe the child’s swimming ability] and [b] copies of current training certificates for all water safety attendants. [8] Swimming pools must be [a] registered with the DHHS Maine Center for Disease Control and Prevention; and [b] operated in compliance with DHHS, MeCDC, Division of Environmental Health Rules Relating to Public Swimming Pools and Spas.
EFFECTIVE DATE: August 27, 2007
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Regulatory Services, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9254. Toll free: 1 (800) 791-4080
TOLL FREE TTY: 1 (800) 606-0215
FAX: (207) 287-9252
E-MAIL: peter.mauro@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #332, MaineCare Eligibility Manual, Rev. #234A: SSI COLA Increase 2007
ADOPTED RULE NUMBER: 2007-350
CONCISE SUMMARY: The SSI COLA increase of 3.3% is reflected in MaineCare income limits for coverage in the following MaineCare categories: Home Based Waivers, Katie Beckett, Categorical Nursing Care, Adult Family Care Home and the income limit for the State Supplement.
The amount of protected assets for a community spouse of a nursing home applicant increases to $101,640. The maximum monthly income to a community spouse of a nursing home resident increases to $2,541.
This rule updates the Spousal Living Allowance for Eligible Community Spouses of individuals residing in Cost Reimbursed Board Homes or Adult Family Care Homes.
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