Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Newspaper Notices > October 17, 2007

October 17, 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. 301, Food Stamp Certification Manual, Rev. #155P: Able Bodied Adults without Dependents (ABAWDs)
PROPOSED RULE NUMBER: 2007-P249
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: Lincoln and Penobscot.
b. Adds to the geographic exempted list all residents of: Vienna, Sanford and Shapleigh.
This change will permit eligible ABAWDs to receive Food Stamp Assistance for a longer period of time, even when they are unable to obtain employment.
2. This rule corrects an inadvertent text addition from a previous rule making by deleting the NOTE: after # 15 under income exclusions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA &42; 22 MRSA &3104; 7 USC &2015(o)(4) and 7 CFR §273.24(f)(1)
PUBLIC HEARING None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: November 16, 2007.
AGENCY CONTACT PERSON Robert 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, Maine 04333-0011
TELEPHONE: (207) 287-5054
TTY: 1 (800-606-0215 (Deaf/Hard of Hearing)



AGENCY: 03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 15, Batterer Intervention Program Certification
PROPOSED RULE NUMBER: 2007-P250
CONCISE SUMMARY: The Maine Department of Corrections is proposing to repeal and replace the existing standards for the certification of batterer intervention programs pursuant to 19-A MRSA, §4014 (1) to revise the Standards as a result of the 2007 biannual review. The Maine Department of Corrections developed the proposed rules in consultation with the Maine Commission on Domestic and Sexual Abuse in accordance with the provisions of 19-A MRSA §4014(1). The proposed revisions to the Batterer Intervention Standards will result in improved operation of the Batterer Intervention Programs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 19-A MRSA §4014(1)
PUBLIC HEARING: November 5, 2007 – 9:00 a.m. – 10:00 a.m., Department of Corrections Central Office (Tyson Conference Room), 25 Tyson Drive, Augusta, ME 04330
DEADLINE FOR COMMENTS: November 20, 2007
AGENCY CONTACT PERSON: Esther Riley, Department of Corrections, State House Station #111, Augusta, ME 04330
TELEPHONE: (207) 287-2711



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 13, Watercraft Regulations: 13.08, Motor Size Restrictions on Certain Inland Waters
PROPOSED RULE NUMBER: 2007-P251
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following watercraft regulations:
Puffers Pond (also known as Echo Lake), Dexter (Penobscot County): Motorboats with more than 10 horsepower prohibited.
THIS RULE WILL NOT HAVE A FISCAL IMP ACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §13051
PUBLIC HEARING: November 8, 2007, 6:30 p.m. - Town Hall, 10 Hall Street, Dexter, ME
DEADLINE FOR COMMENTS: November 19, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201



AGENCY: 94-411 - Maine Public Employees Retirement System
RULE TITLE OR SUBJECT: Ch. 601, Group Life Insurance
PROPOSED RULE NUMBER: 2007-P252
CONCISE SUMMARY: This rule reorganizes the previous rule to clarify types of coverage; eligibility requirements; conditions for termination and restoration of coverage, including separation from employment and subsequent re-employment; and adds a new section on coverage upon retirement.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §§ 17103(4), 18051-18061, 18651-18663
PUBLIC HEARING: November 8, 2007 at 9:05 a.m. at the Maine Public Employees Retirement System, Two Monument Square, 6th Floor, Portland, Maine.
DEADLINE FOR COMMENTS: November 19, 2007
AGENCY CONTACT PERSON: Kathy Morin, Maine Public Employees Retirement System, 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or 1 (800) 451-9800


ADOPTIONS



AGENCY: 14-197 - Department of Health and Human Services, Office of Adults with Cognitive and Physical Disability Services
CHAPTER NUMBER AND TITLE: Ch. 11, Consumer Directed Personal Assistance Services
ADOPTED RULE NUMBER: 2007-424
CONCISE SUMMARY: These rules amend Ch. 11, Consumer Directed Personal Assistance Services. It is the purpose of the Consumer-Directed Personal Assistance Services program to provide services, subject to the availability of funds, for adult Maine residents with severe disabilities that allow them to remain in their homes and communities and out of institutional settings. The Department of Health and Human Services will regularly assess the resources available to administer the program and establish Maximum Authorized Service amounts as needed to operate within available funding. This program will strive to promote consumer choice, consumer direction, flexibility, as well as consumer responsibility in the provision of these services. Sections 11.09 and 11.10 of this rule are major substantive rules pursuant to P.L. 2007, c. 240 Section OO-2.
EFFECTIVE DATE: October 8, 2007
AGENCY CONTACT PERSON: David Goddu, Office of Adults with Cognitive and Physical Disability Services, #11 State House Station, 3rd Floor, Marquardt Building, Augusta ME 04333
TELEPHONE: (207) 287-6642



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. X Section 2, Benefit for Childless Adults, and Ch. I Section 1, General Administrative Policies and Procedures, Appendix #3 (removed), Non-categorical Adults
ADOPTED RULE NUMBER: 2007-425
CONCISE SUMMARY: The Department adopts this rule to continue the Benefit for Childless Adults by providing a targeted set of services for individuals not otherwise eligible for MaineCare services under the waiver authority approved by the Federal Centers for Medicare and Medicaid Services. This new section of Chapter X replaces the Non-Categorical language that was written in Chapter I, Section 1 of the MaineCare Benefits Manual. The development of this section under Chapter X establishes subsections that define the rule summary, rule authority, termination of services, definitions, eligibility for the benefit, covered services, waiting lists for the benefit, and appeal rights. This adopted rule also adds five additional services as covered services which include: Medical Supplies and Durable Medical Equipment (oxygen and insulin pumps/supplies only), podiatric services, ambulance services, medical imaging services and laboratory services.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 10, 2007
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9342
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)



AGENCY: 12-l70 - Department of Labor, Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 13, Rules Governing the Establishment and Use of Fair Minimum Wage Rates on State Construction Projects
ADOPTED RULE NUMBER: 2007-426
CONCISE SUMMARY: The purpose of this Chapter is to establish definitions and procedures to ensure the consistent and fair administration of the Minimum Wage Rates on State Construction Projects Law. This amendment revises the rules to affect the change to the North American Iudustry Classification system
EFFECTIVE DATE: October 9, 2007
AGENCY CONTACT PERSON: William A. Peabody, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 623-7931



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
TYPE OF RULE: EMERGENCY
CHAPTER NUMBER AND TITLE: Ch. 4.01(J), Upland Game and Furbearing Animals, Size of Traps
ADOPTED RULE NUMBER: 2007-427
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule limiting some of the trap types and sizes that may accidentally capture the Federally Threatened Canada Lynx in Northern Maine (WMDs 1, 2, 3, 4, 5, 6, 8, 9, 10, and 11). This emergency rule has been adopted in order to comply with a Consent Decree issued by the U.S. District Court for the District of Maine on October 4, 2007, resolving a lawsuit alleging that the State's licensure of trappers violated the federal Endangered Species Act.
EFFECTIVE DATE: October 5, 2007
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station - 284 State Street, Augusta, ME 04333-0041
E-MAIL ADDRESS: Andrea.Erskine@maine.gov
TELEPHONE: (207) 287-5201



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 19, Principles of Reimbursement for Home and Community Benefits for Elderly and Adults With Disabilities
ADOPTED RULE NUMBER: 2007-428
CONCISE SUMMARY: The adopted rules establish a rate increase for comprehensive case management service provided by Elder Independence of Maine. The Legislature authorized the change in the State Budget for FY 07-08 and 08-09, appropriating $324,727 to fund an increase in provider reimbursement. The Department has calculated that the appropriation allows an increase in the monthly reimbursement rate from $126.25 per member, to $139.00 per member.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 17, 2007
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9342
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 Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #331, Food Stamp Certification Manual, Rev. #81A: Presumptive Eligibility Determination for TANF–incapacity
ADOPTED RULE NUMBER: 2007-429
CONCISE SUMMARY: This rule:
* extends presumptive eligibility determinations for TANF – incapacity to up to 11 months, and
* requires Office of Integrated Access and Support Eligibility Supervisors to determine presumptive eligibility for TANF – incapacity.
EFFECTIVE DATE: July 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)



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 331: Public Assistance Manual (TANF), Rev. #82E: Transitional Child Care
ADOPTED RULE NUMBER: 2007-430
CONCISE SUMMARY: The Department adopts this emergency rule to reduce administrative costs for the Transitional Child Care Program by $1 million, as mandated by the 2007 Budget Act (Pub. L 2007, Ch. 240). The Department intends to achieve this reduction by transferring program administration from contracted private voucher management agencies (VMAs) to the Office of Integrated Access and Support (OIAS) by October 1, 2007.
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 also 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 limits the situations in which the Department will not issue a ten-day adverse notice.
The Department adopts this amendment as an Emergency Rule, pursuant to Part MMM of the 2007 Budget Act. This provision authorizes the Department to forego the notice and comment requirements of the Maine Administrative Procedures Act when implementing provisions of the Budget Act without issuing specific findings that justify the decision as necessary to avoid a threat to public health, safety, or general welfare, as are typically required under 5 M.R.S.A. §§ 8054, 8073.
EFFECTIVE DATE: 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 Telephone: (207) 287-3104
TTY: (800)-606-0215 (Deaf/Hard of Hearing)