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Home > Weekly Newspaper Notices > December 19, 2007

December 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. 332, MaineCare Eligibility Manual, Rev. #238P: SSI COLA Increase 2008
PROPOSED RULE NUMBER: 2007-P333
CONCISE SUMMARY: The SSI COLA increase of 2.3% is reflected in the MaineCare income limits for coverage in the following MaineCare categories: Home Based Waivers, Katie Beckett, Categorical Nursing Care, Adult Family Care Homes and the income limit for the State Supplement.
The amount of protected assets for a community spouse of a nursing home applicant increases to $104,400.
The maximum monthly income to a community spouse of a nursing home resident increases to $2,610.
Chart IV-C is updated to reflect the current average nursing care private rate.
These changes will not have any adverse impact on small businesses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 42 USC §1396a(a)(1O)(A), §1396a(r)(2); §1396r-5(g); 20 C.F.R. §§ 416.2095, 416.2096; and 22 MRSA §§ 42, 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: January 16, 2008
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, Maine 04333-0011
TELEPHONE: (207) 287-5093 TTY: (800) 606-0215 (Deaf/Hard of Hearing)



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 104, Electronic Filing of Maine Tax Returns
PROPOSED RULE NUMBER: 2007-P334
CONCISE SUMMARY: Rule 104 provides comprehensive definitions and explanations of statutory terms and procedures for filing electronic filing of Maine tax returns. Specifically, the proposed Rule clarifies the requirements for participation in the electronic filing of certain returns, including individual income, sales, use, service provider, and income tax withholding. The proposed Rule provides guidance on requesting a waiver and on penalties that may be imposed for noncompliance. A copy of the statement of the economic impact on small business to be prepared by Maine Revenue Services pursuant to 5 M.R.S.A. §8052(5-A) with respect to the proposed Rule may be obtained after the close of the comment period and prior to the adoption of the proposed Rule by contacting the Agency Contact Person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §193
PUBLIC HEARING: January 9, 2008, 9 a.m., Androscoggin/ Aroostook/ Cumberland Room at the Augusta Civic Center
DEADLINE FOR COMMENTS: January 21, 2008
AGENCY CONTACT PERSON: Nanette M. Ardry, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9725
E-MAIL: nanette.m.ardry@maine.gov



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 901, Maine Residents Property Tax Program
PROPOSED RULE NUMBER: 2007-P335
CONCISE SUMMARY: Rule 901 provides comprehensive definitions and explanations of statutory terms and procedures for the Maine Residents Property Tax Program. Specifically, the proposed amendment to the Rule clarifies the term “property tax accrued” where the claimant owns and occupies two or more different homesteads in Maine. The amount attributable to each property is discussed. A copy of the statement of the economic impact on small business to be prepared by Maine Revenue Services pursuant to 5 M.R.S.A. §8052(5-A) with respect to the proposed Rule may be obtained after the close of the comment period and prior to the adoption of the proposed Rule by contacting the Agency Contact Person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §112
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: January 21, 2008
AGENCY CONTACT PERSON: Nanette M. Ardry, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9725
E-MAIL: nanette.m.ardry@maine.gov



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 103, Recordkeeping and Retention
PROPOSED RULE NUMBER: 2007-P336
CONCISE SUMMARY: This rule has been in place since January 2006 and is based on the Model Recordkeeping and Retention Regulation Adopted by the Multistate Tax Commission on January 15, 1998. The current proposal is to make some minor formatting changes in the rule and to clarify the provisions of the rule that pertain to electronic recordkeeping, including the fact that electronic records must be kept for as long as is required by Title 36 §135(1) (in the case of sales tax, at least 6 years).
THIS RULE WILL NOT HAVE A FISCAL IMP ACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §§ 112, 186
PUBLIC HEARING: None scheduled at this time
DEADLINE FOR COMMENTS: January 25, 2008
AGENCY CONTACT PERSON: David E. Bauer, Tax Policy Analyst, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681
E-MAIL: david.e.bauer@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Maine Center for Disease Control and Prevention
RULE TITLE OR SUBJECT: Ch. 262, Rules and Regulations Post-secondary School Immunization Required
PROPOSED RULE NUMBER: 2007-P337
CONCISE SUMMARY: Maine is currently experiencing a mumps outbreak and we need to insure that all Maine citizens, especially students in post-secondary institutions, receive two doses of MMR vaccine to protect them from mumps disease.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §6359
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: January 18, 2008
AGENCY CONTACT PERSON: Kathleen Mahaleris, Maine Immunization Program, 286 Water Street, Augusta, ME 04330
TELEPHONE: (207) 287-9923


ADOPTIONS



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. I Section 1, General Administrative Policies and Procedures
ADOPTED RULE NUMBER: 2007-518
CONCISE SUMMARY: The Department adopts Ch. I Section 1, General Administrative Policies and Procedures, for purposes of Departmental clarification and Federal compliance. The Department adopts the following definitions within this rulemaking: Authorized Agent, Emergency Medical Conditions, Emergency Medical Conditions for Undocumented Non-Citizens and Medical Necessity. In addition, the rule adopts the proposed language for Behavioral Health Managed Care and Appendix 3 which describes the False Claims Act. This rule also adopts language under the subsections Provider Participation and Member Participation that complies with Federal Regulations.
Further, this rule clarifies language for telehealth services and adopts a new code for language interpreters. This rule also permanently removes obsolete language concerning Physician Directed Drug Initiative. Additionally, the Department adopts the proposed language describing the 30 day timeframe for reporting overpayments to the Department as well as the 7 day timeframe to request an informal hearing in instances of emergency termination. Finally, this final rule clarifies language under the General Principles section of Provider Appeals and allows for provider requests for arbitration be made within a 60 day time frame as opposed to 30 days. Other minor technical and grammatical changes were also adopted. There are no additional costs associated with implementation of this rule.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: December 12, 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. 301, Food Stamp Certification Manual, Rev. #155A: Able-Bodied Adults Without Dependents (ABAWDs)
ADOPTED RULE NUMBER: 2007-519
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.
EFFECTIVE DATE: December 12, 2007
AGENCY CONTACT PERSON: Robert L. 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 ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (800) 606-0215



AGENCY: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 425, Long-Term Care Insurance
ADOPTED RULE NUMBER: 2007-520
CONCISE SUMMARY: The purposes of this rule are to implement the Long-Term Care Insurance law, 24-A MRSA §§ 5071-5080, to promote the public interest, to increase the availability of long-term care insurance coverage, to protect applicants for long-term care insurance from unfair or deceptive sales and enrollment practices, to facilitate public understanding and comparison of long-term care coverages, and to encourage flexibility and innovation in the development of long-term care insurance.
EFFECTIVE DATE: December 15, 2007
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 152, Control of Volatile Organic Compounds from Consumer Products
ADOPTED RULE NUMBER: 2007-521
CONCISE SUMMARY: The Department has adopted a rule addressing volatile organic compound (VOC) emissions from consumer products. Beginning May 1, 2005, consumer products sold, offered for sale or manufactured in Maine must meet certain standards limiting VOC content.
EFFECTIVE DATE: December 15, 2007
AGENCY CONTACT PERSON: Andrea Lani, Bureau of Air Quality, Department of Environmental Protection, State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437



AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE:
Ch. 25.96(B)(2)(g), Zone G Apprentice Requirement, and
Ch. 25.96(B)(3)(b)(ii)(2)(g), Zone G Apprentice Sponsor Requirement
ADOPTED RULE NUMBER: 2007-522
CONCISE SUMMARY: These adopted regulations establish two new requirements in Zone G. Apprentices who wish to enter Zone G must have a Zone G sponsor if they intend to fish in Zone G, and sponsors must have held a Class I, II or III lobster and crab fishing license for at least 5 years and have Zone G as their declared zone. In accordance with 12 M.R.S.A. §6447(5-C)(C) paragraph 2, Chapter 25.96(B)(2)(g) will not apply to those portions of the apprentice program requirements a person has completed prior to the effective date of this rule.
CHAPTER NUMBER AND TITLE: Ch. 25.96(B)(2)(a-f), Apprentice Sponsor Requirement – Technical Change
ADOPTED RULE NUMBER: 2007-523
CONCISE SUMMARY: The Department of Marine Resources has adopted a technical clarification to regulations in Chapter 25.96. These regulations clarify that sponsors of apprentices must have the apprentices’ zone as their declared zone. In other words, if the apprentice wishes to fish in Zone X then their sponsor must have Zone X as their declared zone.
EFFECTIVE DATE: January 1, 2008
AGENCY CONTACT PERSON: Laurice U. Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500