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Home > Weekly Newspaper Notices > September 19, 2007

September 19, 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 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 (hearing cancelled)
CONCISE SUMMARY: The September 20 hearing for this proposal, announced in the August 29 newspaper notices, has been cancelled. It will be rescheduled at a later date.
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: 09-585 - Maine Outdoor Heritage Fund Board
RULE TITLE OR SUBJECT: Ch. 25, Maine Outdoor Heritage Fund - Strategic Plan
PROPOSED RULE NUMBER: 2007-P222
CONCISE SUMMARY: The Maine Outdoor Heritage Fund Board is proposing to amend its strategic plan to help with clarity during the scoring and data compilation process and provide a six-year review of the plan. These amendments are being proposed to expand the types of projects eligible for funding from the Heritage Fund, to clarify how match is calculated by the Board, and to increase competition by soliciting a greater number of grant applications.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10308(4.B.)
PUBLIC HEARING: None scheduled - one may be requested.
COMMENT DEADLINE: October 19, 2007
AGENCY CONTACT PERSON: Carol Gay, Maine Outdoor Heritage Fund, 37 Wiscasset Road, Pittston, ME 04345
TELEPHONE: (207) 458-8421



AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch 12(6)(2)(B), Lump Sum Settlements; Record of Proceedings
PROPOSED RULE NUMBER: 2007-P223
CONCISE SUMMARY: Before approving a lump sum settlement that releases an employer's liability for future medical expenses, hearing officers will make a determination regarding expected future medical costs related to the injury.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA §152(2), §352(2)
PUBLIC HEARING: Wednesday, October 10, 2007, 9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, October 22, 2007, 5:00 p.m.
AGENCY CONTACT PERSON: Jan McNitt, Assistant General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: (207) 287-7086



AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 2(2)(6) & (7), 2007 Extension of Benefits
PROPOSED RULE NUMBER: 2007-P224
CONCISE SUMMARY: This rule extends the limitation on partial incapacity benefits for 52-weeks on January 1, 2007.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA §152(2) §213(4)
PUBLIC HEARING: Wednesday, October 10, 2007, 10:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, October 22, 2007, 5:00 p.m.
AGENCY CONTACT PERSON: Jan McNitt, Assistant General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: (207) 287-7086


ADOPTIONS



AGENCY: 94-348 - Maine Human Rights Commission
CHAPTER NUMBER AND TITLE:
Ch. 3, Employment Regulations of the Maine Human Rights Commission
Ch. 8, Housing Regulations of the Maine Human Rights Commission
ADOPTED RULE NUMBER: 2007-385 and 386
CONCISE SUMMARY: This rule updates the Commission’s employment and housing regulations to implement the addition of sexual orientation to the protected classes in the Maine Human Rights Act.
EFFECTIVE DATE: September 15, 2007
AGENCY CONTACT PERSON: John P. Gause, Commission Counsel, Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: (207) 624-6050



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 80, Pharmacy Services
ADOPTED RULE NUMBER: 2007-387
CONCISE SUMMARY: The Department of Health and Human Services ("the Department") has implemented a 4-brand name limit (with the 5th and subsequent brand names requiring PA) for all MaineCare members over age 18 who are not eligible for Medicare Part D, with the exception of those taking drugs for the treatment of cancer and HIV and atypical antipsychotic drugs. The adopted rule also increases the member co-pay from $2.50 to $3.00 per prescription, not to exceed $30 per member per month. These changes were legislatively mandated pursuant to State law P.L. 2007, c. 240 in order to contain costs and ensure that adequate funding is available to continue providing various MaineCare services, including pharmacy services. Emergency rules implementing the above changes were in effect from July 1, 2007 through September 28, 2007. This rulemaking makes the changes permanent.
Furthermore, the Department has added language to clarify its position with respect to generic drug usage, principally that the member should proceed to a chemically different therapy when the generic drug fails. One additional change, pursuant to Section 1903(i)(23) of the Social Security Act, is that as of October 1, 2007, the Department will not provide reimbursement for written or non-electronic prescriptions that are not executed on a tamper-resistant pad.
See http://www.maine.gov/bms/rules/gen_other_rules.htm for rules and related rulemaking documents.
EFFECTIVE DA TE: September 29, 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)



AGENCY: 65-625 - Public Utilities Commission, Emergency Services Communications Bureau
CHAPTER NUMBER AND TITLE: Ch. 2, Requirements for the Enhanced 9-1-1 Service Provider and Local Exchange Carriers, AND Amendments to Ch. 1, Standards for Establishing a Statewide Enhanced 9-1-1 System
ADOPTED RULE NUMBER: 2007-388 and 389
CONCISE SUMMARY: In this rulemaking, the Commission adopts a new Ch. 2 of the rules of the Emergency Services Communication Bureau to establish requirements for Enhanced 9-1-1 (E9-1-1) and Local Exchange Carriers, including connectivity and network design standards, outage notification procedures, and Automatic Location Identification database provisioning. The rule also addresses requirements for the E9-1-1 System Service Provider. The Commission also amends Ch. 1 by removing Section 2 Network design specifications; Section 5(1) Technology for system network; Section 5(3) Database requirements; Section 6(2)(B) Routing database maintenance; and Section 7(3) Discrepancy reporting, as they are included in the new Ch. 2. Certain definitions are also updated to be consistent in both rules.
EFFECTIVE DATE: September 15, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 02-582 - Office of Licensing and Registration, Propane and Natural Gas Board
CHAPTER NUMBER AND TITLE: Ch. 3, Licensure / Registration Requirements
ADOPTED RULE NUMBER: 2007-390
CONCISE SUMMARY: The board adopted this amendment to Ch. 3 of the board's rules on an emergency basis. This chapter sets forth the qualifications for licensure as a limited energy auditor technician. This chapter also provides that experience gained as a limited energy auditor technician cannot be used to satisfy the prerequisites needed to obtain a propane and natural gas technician's license for any endorsement. This chapter further provides that a person licensed as a limited energy auditor technician is limited to performing combustion safety and efficiency testing on natural gas-fired and propane gas-fired space heating and hot water heating equipment. Limited energy auditor technicians will not be permitted to make any adjustments to natural gas-fired or propane gas-fired space heating and hot water heating equipment.
EFFECTIVE DATE: September 11, 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: Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 214, Exemption of Telephone Utilities From Certain Filing and Approval Requirements
ADOPTED RULE NUMBER: 2007-391
CONCISE SUMMARY: The Maine Public Utilities Commission (Commission) adopts a routine technical rule pursuant to 35-A MRSA §307-A, Ch. 214, 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 Ch. also establishes conditions under which the Commission may grant additional exemptions or revoke exemptions.
EFFECTIVE DATE: September 16, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 16, Allocation of State Ceiling for Low Income Housing Tax Credit
ADOPTED RULE NUMBER: 2007-393
CONCISE SUMMARY: The Rule is the State of Maine's qualified allocation plan for allocating and administering the State's ceiling of low income housing tax credits pursuant to Section 42 of the Internal Revenue Code of 1986, as amended, (the "Code"). The Rule has been modified to establish the qualified allocation plan for the 2008 and 2009 State ceiling of low income housing tax credits. Significant changes from the last qualified allocation plan include (i) replacing the former per project cap with a per low-income unit cap on the amount of low income housing tax credit a project is eligible to receive to allow the development of larger, more cost-effective housing projects; (ii) replacing the former selection criterion that encouraged developers to use developer fee as a source of capital funding for projects with a more restrictive per unit cap on the total amount of developer fee; (iii) restricting the amount of additional low income housing tax credits a project can receive after an application has been selected based on an industry standard for determining whether a design professional has designed a project to budget; (iv) replacing former smart growth criteria with a new comprehensive selection criterion to encourage smart growth (particularly the development of housing in downtowns or the reuse or remediation of existing structures or previously developed sites, and the location of housing within safe walking distance of services important to daily life) with a substantially greater relative weight than the former selection criteria combined; (v) replacing the former housing needs rankings with new selection criteria that are based on the need for affordable housing in service center communities, rather than labor market areas, and rely on vacancy data and data on rent comparables in the market study submitted with the application; (vi) requiring all market studies to comply with the National Council of Affordable Housing Market Analysts (NCAHMA) Model Standards for Market Studies for Rental Housing; (vii) creating a new selection criterion that encourages applicants to use NCAHMA members to prepare the market studies; (viii) changing certain selection criteria that all applicants pledge in their applications to threshold criteria, including minimum affordability and preference for persons on Section 8 and public housing waiting lists; (ix) changing the rural housing set-aside to a set-aside for the preservation of multi-family housing previously funded by Rural Development; (x) excluding HUD project-based voucher assistance from the project-based rental assistance selection criterion; (xi) clarifying the services required to be offered to residents under the smoke-free housing selection criterion; (xii) instituting a tie breaker mechanism for awarding credits to applications that have the same total score but for which there is not enough credits to fund all tied applications; (xiii) modifying existing criteria to clarify or better effectuate the intent of the criteria; and (xiv) other updates, clarifications and grammatical changes.
EFFECTIVE DATE: September 17, 2007
AGENCY CONTACT PERSON: Jodie Stevens, Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603