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Home > Weekly Newspaper Notices > January 30, 2008

January 30, 2008

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.


POSTPONEMENT NOTICE


POSTPONEMENT OF LURC’S
COMPREHENSIVE LAND USE PLAN
PUBLIC WORKSHOPS

LAND USE REGULATION COMMISSION
WORKSHOP DRAFT of the 2008 COMPREHENSIVE LAND USE PLAN


PURPOSE
Due to the Commission’s schedule, the Land Use Regulation Commission is postponing the public workshops on the draft of the 2008 Comprehensive Land Use Plan which were originally scheduled for the first two weeks of February 2008. New dates and locations for these workshops will be announced as soon as they can be rescheduled. Upon conclusion of the workshops a revised draft will be presented for public hearing later this year thus providing another opportunity for comment. While the workshops have been temporarily postponed, staff is continuing to meet with any groups wishing to provide comment on the current draft. Should your group wish to meet with staff please contact Sarah Giffen as noted below.
WEBSITE ACCESS
The following link to the Commission’s website will provide access to the draft plan: http://www.maine.gov/doc/lurc/index.shtml
FOR ADDITIONAL INFORMATION
A full copy of the workshop draft of the plan may be viewed at the Commission’s main office (18 Elkins Lane, Harlow Building, Augusta, Maine) or may be downloaded from the agency’s web site (www.maine.gov/doc/lurc). To view the draft plan at the Augusta office, please call the office in advance at (207) 287-2631. A copy of the draft plan may also be obtained by contacting LURC by e-mail (LURC@maine.gov) or telephone (207-287-2631).
AGENCY CONTACT PERSON: Sarah Giffen, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: (207) 287-4936
E-MAIL: sarah.giffen@maine.gov


PROPOSALS



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #03-08
PROPOSED RULE NUMBER: 2008-P16
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: February 22, 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: February 22, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 18-364 - Bureau of Alcoholic Beverages and Lottery Operations, State Liquor and Lottery Commission
RULE TITLE OR SUBJECT: Ch. 1, Maine State Lottery
PROPOSED RULE NUMBER: 2008-P17
CONCISE SUMMARY: The proposed rule is intended to standardize the commissions paid to retail agents for instant ticket sales in Maine similar to national and New England averages.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA §374
PUBLIC HEARING: February 21, 2008, 9:00 a.m., Bureau of Alcoholic Beverages and Lottery Operations, 10 Water Street, Hallowell, Maine
DEADLINE FOR COMMENTS: March 3, 2008
AGENCY CONTACT PERSON: Dan A. Gwadosky, Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008
TELEPHONE: (207) 287-6756



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 90, Physician Services
PROPOSED RULE NUMBER: 2008-P18
CONCISE SUMMARY: The proposed rule states that MaineCare will not reimburse for physician administered drugs that are not rebateable under Centers for Medicare and Medicaid Services (CMS) regulation unless the physician obtains Prior Authorization (PA). PA will not be granted for non-rebateable, physician administered drugs for which there are therapeutically equivalent alternatives that are rebateable.
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: 22 MRSA (42, (3173
PUBLIC HEARING: February 19, 2008, 1 p.m., Conference Room # 1A, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before February 13, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight February 29, 2008.
AGENCY CONTACT PERSON: Nicole Rooney, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4460
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS



AGENCY: 10-144 – Department of Health and Human Services, Maine Centers for Disease Control and Prevention
CHAPTER NUMBER AND TITLE: Ch. 276, Influenza Immunizing Agent Distribution Report
ADOPTED RULE NUMBER: 2008-16
CONCISE SUMMARY: The purpose of these rules is to identify the responsibilities of manufacturers or distributors of influenza immunizing agents to or within the State of Maine, establish the procedures by which the Department will estimate the supply and demand for influenza immunizing agents and establish the circumstances in which information relating to the distribution of influenza immunizing agents in Maine may be publicly disclosed.
EFFECTIVE DATE: January 27, 2008
AGENCY CONTACT PERSON: Kathleen Mahaleris, Maine Immunization Program, 286 water Street, Augusta, ME 04330
TELEPHONE: (207) 287-9923



AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 26.30, Sea Urchin Zone Council Elections
ADOPTED RULE NUMBER: 2008-17
CONCISE SUMMARY: These adopted regulations establish the basic criteria to hold elections for the seven members of the Sea Urchin Zone Council (SUZC) by industry license-holders in accordance with a recent law change sponsored by representatives of the sea urchin industry. Public law 2007 Ch. 176 (12 MRSA §6749-X) changed the composition and selection of the SUZC to having seven of its members elected by industry. The law also changed the total number of council members from 19 to 15 members.
CHAPTER NUMBER AND TITLE: Ch. 45.05(1)(A)(2), Shrimp Season, 2007– 2008
ADOPTED RULE NUMBER: 2008-18
CONCISE SUMMARY: These regulations adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing the 2007– 2008 shrimp season. The season takes place from December 1, 2007 through April 30, 2008. The season for the harvest of shrimp by trawl and by trap has the same dates.
EFFECTIVE DATE: January 27, 2008
AGENCY CONTACT PERSON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500
WEB SITE: www.maine.gov/dmr/rulemaking



AGENCY: 01-001 – Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 61, Maine Milk Pool Cost of Administration
ADOPTED RULE NUMBER: 2008-19
CONCISE SUMMARY: Ch. 61 - Maine Milk Pool Cost of Administration -- is amended to reflect the estimated administrative costs of operating the pool for calendar year 2008.
EFFECTIVE DATE: January 31, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission (Dept. of Agriculture), 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #02-08
ADOPTED RULE NUMBER: 2008-20
CONCISE SUMMARY: Minimum February 2008 Class I price is $22.93/cwt. plus $1.16/cwt. for Producer Margins, an overorder premium of $1.85/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $26.61/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: February 3, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 17, Community Support Services
ADOPTED RULE NUMBER: 2008-21
CONCISE SUMMARY: The adopted rules specify new service definitions for Certified Intentional Peer Support Specialist and Substance Abuse Counselor. The adopted rule repeals Psychiatric Medication Education and Monitoring and Family Psychoeducation Treatment services under Section 17, to eliminate duplication, as these services are provided currently under Section 65, Mental Health Services. The final rule changed the requirement for specific team members of Intensive Community Integration Services and Assertive Community Treatment teams. Finally, the final rule incorporated prior authorization and/or utilization review of services provided under this Section of the MaineCare Benefits Manual. The Department made several other structural, administrative and grammatical changes within this rulemaking.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: February 1, 2008
AGENCY CONTACT PERSON: Ginger Roberts, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-287-9365
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 MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 37, Home Based Mental Health Services
ADOPTED RULE NUMBER: 2008-22
CONCISE SUMMARY: The adopted rules repeal this Section of the MaineCare Benefits Manual as these services have been consolidated under Section 65, Mental Health Services.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 31, 2008
AGENCY CONTACT PERSON: Ginger Roberts, Health Planner, Division of Policy and Performance, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-287-9365
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 MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 65, Mental Health Services
ADOPTED RULE NUMBER: 2008-23
CONCISE SUMMARY: The adopted rule requires providers to obtain Prior Authorization from the Department or its Authorized Agent for some services under this Section to assure medical necessity of services. The Department also requires Utilization Review for these services. The Department proposed several other structural, administrative and grammatical changes within this rulemaking. Ch. II added language to allow Co-occurring services. Additionally, the Department deleted Section 65A02G Children's Family and Community Support Services and Section 65A02H Children’s Behavioral Health Services. Ch. III added coding changes for billing purposes and deleted coding for services no longer offered under this Section.
See: http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: February 1, 2008
AGENCY CONTACT PERSON: Melanie Miller, Health Planner, Division of Policy and Performance, 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)