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Home > Weekly Newspaper Notices > December 5, 2007

December 5, 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: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 2 Section 3, Collection of permanent impairment data
PROPOSED RULE NUMBER: 2007-P323
CONCISE SUMMARY: The amendment to Ch. 2 §3 implements 39-A MRSA §213(2) which requires permanent impairment ratings for all cases involving permanent injury.
The Board amended the proposed language after receiving public comment to require a permanent impairment evaluation or report from a health care provider establishing that there is no permanent injury prior to approval of a lump sum settlement and is requesting additional comments.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA §152(2), 213(2), and 152(7)
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: Friday, January 4, 2008, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: (207) 287-7086



AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 611, Maine College Savings Program, Amendment 11
PROPOSED RULE NUMBER: 2007-P324
CONCISE SUMMARY: Changes the amounts of certain matching grants from the amounts currently set forth to amounts to be determined annually by the Authority. Allows the Authority to create different categories of grant awards within each matching grant program, with each category receiving a different grant amount. Freezes the annual income eligibility level for certain matching grants at $75,000, by removing the annual Consumer Price Index adjustment. Clarifies that matching grant funds will not be forfeited if a participant transfers an account to the beneficiary or a parent of the beneficiary. Eliminates the eligibility period for recipients of Gold Star Scholarships, which had expired, and instead allows the Authority to determine an eligibility period from time to time.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA §969-A; 20-A MRSA §11485
PUBLIC HEARING: None scheduled; a hearing would be held at the request of 5 or more interested parties.
DEADLINE FOR COMMENTS: Written comments are requested on or before January 7, 2008.
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 ext. 3515 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095



AGENCY: 14-193 - Department of Health & Human Services, Office of Adult Mental Health Services
RULE TITLE OR SUBJECT: Ch. 1, Rights of Recipients of Mental Health Services: Part B, Section V, Involuntary Treatment
PROPOSED RULE NUMBER: 2007-P325
CONCISE SUMMARY: This rule establishes a clinical review panel to replace the current hearing process for deciding whether and under what circumstances to require the involuntary treatment for an inpatient recipient who:
1. is under commitment to a psychiatric facility or hospital;
2. lacks clinical capacity to give informed consent to treatment; and
3. is refusing treatment.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 2006, c. 446 (to be codified at 34-B MRSA §3864
PUBLIC HEARING: December 27, 2007, 9:00 a.m. – noon, Marquardt Building, Conference Room 1-A, 32 Apple Blossom Lane, Augusta, ME 04333
DEADLINE FOR COMMENTS: January 4, 2007
AGENCY CONTACT PERSON: Tom Ward, Department of Health & Human Services, Office of Adult Mental Health Services, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-4249



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #01-08
PROPOSED RULE NUMBER: 2007-P326
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: December 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: December 21, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04
TELEPHONE: (207) 287-7521



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 27, Retail Margins
PROPOSED RULE NUMBER: 2007-P327
CONCISE SUMMARY: The principal reason for this rulemaking is the need to establish retail margins for milk sold within the State of Maine in accordance with 7 MRSA §2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA, §2954
PUBLIC HEARING: January 18, 2008, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 29, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521


ADOPTIONS



AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 318, Amendment 5, Wells and Plymouth Waste Oil Clean-up Program (Non-emergency)
ADOPTED RULE NUMBER: 2007-499
CONCISE SUMMARY: The amendment is necessary to address changes to the law governing the program as set forth in PL 2007, Ch. 220 ("An Act to Provide Additional Financing for Costs Associated with the Remediation of a Waste Oil Site in Plymouth"). The amendment re-opens the program and expands the eligible uses of the fund to include remedial action costs, de minimis settlements, and regulatory oversight costs. In addition, the amendment implements changes made effective January 1, 2005, by PL 2004, Ch 537, which eliminated a loan insurance program for the Plymouth Waste Oil Site Remedial Study.
EFFECTIVE DATE: November 26, 2007
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 x. 3515 (Voice)
TDD: (207) 626-2715



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #12-07
ADOPTED RULE NUMBER: 2007-500
CONCISE SUMMARY: Minimum December 2007 Class I price is $23.29/cwt. plus $1.l1/cwt. for Producer Margins, an overorder premium of $1.85/cwt. as being prevailing in Southern New England and $0.23/cwt. handling fee for a total of $26.68/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: December 2, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 340, Mortality Tables for Use in Determining Minimum Reserves and Nonforfeiture Benefits
ADOPTED RULE NUMBER: 2007-501
CONCISE SUMMARY: The purpose of the amendment is to establish standards for credit life insurance reserves.
EFFECTIVE DATE: December 3, 2007
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207)624-8452



AGENCY: 10-148 - Department of Health and Human Services, Office of Child and Family Services
CHAPTER NUMBER AND TITLE:
Ch. 16, Rules Providing for the Licensing of Family Foster Homes for Children, and
Ch. 15, Rules Providing for the Licensing of Specialized Children’s Foster Homes
ADOPTED RULE NUMBER: 2007-502 and 503
CONCISE SUMMARY: These Rules describe the procedures and requirements for licensing of Family Foster Homes for Children and for licensing of Specialized Children’s Foster Homes. The rules are designed to protect the safety, well being, and development of children in the custody of the State of Maine. This rule is not expected to have any financial impact on small businesses.
EFFECTIVE DATE: December 3, 2007
AGENCY CONTACT PERSON: Linda Brissette, Department of Health and Human Services, Office of Child and Family Services, 221 State Street, Augusta, Maine 04333
TELEPHONE: (207) 287-5060



AGENCY: 09-585 - Maine Outdoor Heritage Fund Board
RULE TITLE OR SUBJECT: Ch. 25, Maine Outdoor Heritage Fund - Strategic Plan
ADOPTED RULE NUMBER: 2007-504
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.
EFFECTIVE DATE: December 4, 2007
AGENCY CONTACT PERSON: Carol Gay, Maine Outdoor Heritage Fund, 37 Wiscasset Road, Pittston, ME 04345
TELEPHONE: (207) 458-8421



AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 206, Requirements for Eligible Telecommunications Carriers
ADOPTED RULE NUMBER: 2007-505
CONCISE SUMMARY: The Public Utilities Commission initiates this rulemaking to establish procedures and standards for designating carriers as Eligible Telecommunications Carriers (ETCs) qualified to receive high-cost federal Universal Service Fund (USF) support.
EFFECTIVE DATE: December 4, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 2(2)(6) & (7), 2007 Extension of Benefits
ADOPTED RULE NUMBER: 2007-506
CONCISE SUMMARY: This rule extends the limitation on partial incapacity benefits for 52-weeks on January 1, 2007.
EFFECTIVE DATE: December 4, 2007
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7086



AGENCY: 10-144 – Maine Center for Disease Control and Prevention / DHHS
CHAPTER NUMBER AND TITLE: Ch. 262, Rules and Regulations Post-secondary School Immunizations Required
ADOPTED RULE NUMBER: 2007-507
CONCISE SUMMARY: Maine is currently experiencing a mumps outbreak and we need to this emergency rule to protect Maine citizens from mumps disease.
EFFECTIVE DATE: November 29, 2007
AGENCY CONTACT PERSON: Kathleen Mahaleris, DHHS/MeCDC, 286 Water Street Augusta, ME 04330
TELEPHONE: (207) 287-9923