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Home > Weekly Newspaper Notices > February 6, 2008

February 6, 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.


PROPOSALS



AGENCY: 10-144 - Department of Health and Human Services, Division of Family Health, Maine Center for Disease Control
RULE TITLE OR SUBJECT: Ch. 280, Rules Relating to the Maine Birth Defects Program
PROPOSED RULE NUMBER: 2008-P19
CONCISE SUMMARY: These rules establish the responsibilities of hospital administrators, physicians and other health care providers with regard to the reporting of the presence of birth defects in infants and fetuses; the confidentiality requirements of the Maine Birth Defects Program; the nature of contact between the Maine Birth Defects Program and families of children with birth defects, and the provision for parental objection to birth defect reporting or participation in the birth defect registry. This amendment is to update the reportable birth defects listing.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA c. 1687
PUBLIC HEARING: Not scheduled, one may be held if requested in writing by 5 or more people.
DEADLINE FOR COMMENTS: March 7, 2008
AGENCY CONTACT PERSON: Diane Haberman, Division of Family Health, Maine Center for Disease Control, Department of Health and Human Services, 11 State House Station, Key Bank Plaza 7th Fl., Augusta, Maine 04333
TELEPHONE: (207) 287-8424



AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 630, Rural Medical Access Program
PROPOSED RULE NUMBER: 2008-P20
CONCISE SUMMARY: Rule 630 establishes assessment and premium assistance procedures for the Rural Medical Access Program, Title 24-A, Chapter 75 ("RMAP"), and standards or procedures to implement RMAP. The proposed amendments in part conform the Rule to amendments, effective 09-17-05, at 24-A MRSA §6306, concerning interest earned on assessments invested by insurers be credited to the RMAP, and at 24-A MRSA §6308, raising the maximum assistance that may be paid to eligible physicians to $15,000. In addition to these necessary amendments, the Superintendent proposed various amendments to clarify statutory definitions or to further explain the requirements and procedures of the RMAP.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A MRSA §§ 212, 229(1), and 6311
PUBLIC HEARING: A public hearing will be held on March 3rd, 2008 at 11:00 a.m. in the Central Conference Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: March 13, 2008
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 1.01, Open Water Fishing Regulations
PROPOSED RULE NUMBER: 2008-P21
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to extend the open water fishing season on Sebago Lake (excluding tributaries) through December 31; catch and release on salmon and trout; daily bag limit on togue: 6 fish; minimum length: 14 inches; only one may exceed 23 inches. (Please refer to the General Law chart contained in the open water fishing book for provisions pertaining to bass). Written comments may be submitted this proposal.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING): None scheduled – one may be requested. Written comments may be submitted.
DEADLINE FOR COMMENTS: March 7, 2008
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries & Wildlife, #41 SHS, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 14, Commercial Whitewater Rafting
PROPOSED RULE NUMBER: 2008-P22
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule for commercial whitewater rafting establishing the order of launch for 2008, requiring proof of liability insurance prior to issuance of a commercial whitewater rafting outfitter’s license; adding approved/acceptable courses for first-aid and CPR, and making it clear that on-line certification courses for first-aid and CPR will not be accepted.
A copy of the proposal may be obtained from the Agency Contact Person.
STATUTORY AUTHORITY: 12 MRSA §§ 12909, 12910, 12913
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: March 7, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 043330-0041;
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov


ADOPTIONS



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 45, Hospital Services
ADOPTED RULE NUMBER: 2008-30
CONCISE SUMMARY: This rule adopts an increase in the cap on the prospective interim payments for acute care non-critical access hospitals. Additionally, acute care critical access and non-critical access hospitals will be reimbursed for non-emergency room hospital based physician services at 85.58% of costs between February and June 2008 to ensure budgeted savings, despite delayed implementation of the initial reduction in reimbursement for these services.
Additionally, this rule adds language pursuant to PL 2007, P & S Law Chapter 19, which requires the Department, when carrying out final and interim settlements of payments to hospitals for services provided to MaineCare members, to pay all final settlements for hospital fiscal years 2003 and earlier prior to paying interim settlements for services for hospital fiscal years 2005 and later. This does not limit the Department's authority to make ongoing MaineCare payments for services being rendered during the current fiscal year or provide partial settlements for hospital fiscal years 2004 and later to certain hospitals in need of such relief in order to relieve financial hardship. The rule lays out the required process for requesting such relief.
This rule is not expected to have any adverse economic impact on small business.
See: http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rulemaking documents.
EFFECTIVE DATE: February 1, 2008
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)



AGENCY: 06-481 - Board of Underground Storage Tank Installers
CHAPTER NUMBER AND TITLE:
Ch. 1, Administrative Rules (Amendments)
Ch. 2, Rules of Practice and Procedure Governing Adjudicatory Proceedings (Amendments)
Ch. 3, Certification of Underground Oil Tank Installers (Amendments)
Ch. 5, Certification of Underground Gasoline Tank Removers (Repeal)
ADOPTED RULE NUMBER: 2008-31 through 34
CONCISE SUMMARY: This rulemaking: (1) eliminates certification processes for underground gasoline tank removers and Class 3 underground tank installers, (2) consolidates the certification of underground tank installers into a single class, and (3) alters requirements for apprenticeship for applicants for certification as underground oil storage tank installers.
EFFECTIVE DATE: February 3, 2008
AGENCY CONTACT PERSON: James Hynson, Staff, Maine Board of Underground Storage Tank Installers, c/o Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7889



AGENCY: 01-026 – Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE:
Amendment to Ch. 29, Standards for Water Quality Protection, Section 5, Restrictions on Pesticide Applications to Control Browntail Moths Near Marine Waters
Amendment to Ch. 41, Special Restrictions on Pesticide Use
ADOPTED RULE NUMBER: 2008-35 and 36
CONCISE SUMMARY: The Board has adopted changes to two chapters as follows: (1) amend Ch. 29 to establish restrictions on pesticide applications to control browntail moths near marine waters and (2) amend Ch. 41 to include regulations on genetically modified plants containing plant-incorporated protectants.
EFFECTIVE DATE: February 3, 2008
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04330-0028
TELEPHONE: (207) 287-2731



AGENCY: 12-597 - Maine Department of Labor, Bureau of Employment Services
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Governing Implementation of the Trade Adjustment Assistance Program
ADOPTED RULE NUMBER: 2008-37
CONCISE SUMMARY: This is an amendment to the rules that establish standards and procedures form implementing the Trade Adjustment Assistance Act.
The amendment changes the mileage assistance minimum from more than 25 miles to 20 miles or more.
EFFECTIVE DATE: February 3, 2008
AGENCY CONTACT PERSON: Judy Pelletier, Trade Program Manager, MDOL Bureau of Employment Services, 55 State House Station, Augusta, ME 04333-0055
TELEPHONE: (207) 623-7993



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 104, Maine State Services Manual, Section 4: Maine Part D Wrap Benefits
ADOPTED RULE NUMBER: 2008-38
CONCISE SUMMARY: Pursuant to the federal guidelines that determine the Part D Benefit parameters, the member co-payment for generic drugs has increased from $2.15 to $2.25 per prescription. The Part D Wrap Benefit covers this co-payment for eligible beneficiaries. The new co-pay amount is reflected in the Appendix to this rule. Additionally, Section 4.03 has been updated in order to clarify the eligibility and enrollment requirements for Part D Wrap Benefits.
See http://www.maine.gov/bms/rules/gen_other_rules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: February 9, 2008
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: 05-071 – Department of Education
CHAPTER NUMBER AND TITLE: Ch. 221, Adult Education Administrative Cost Reimbursement
ADOPTED RULE NUMBER: 2008-39
CONCISE SUMMARY: This rule specifies the elements of adult education administrative costs for which school administrative units, regions and centers may claim reimbursement.
CHAPTER NUMBER AND TITLE: Ch. 222, Adult Career and Technical Education, and Workforce Training and Re-Training, Cost Reimbursement
ADOPTED RULE NUMBER: 2008-40
CONCISE SUMMARY: The proposed amendments are to the rule that specifies the elements of adult career and technical education, and adult workforce training and re-training, costs for which school administrative units, regions and centers may claim reimbursement.
CHAPTER NUMBER AND TITLE: Ch. 224, Adult Handicapped
ADOPTED RULE NUMBER: 2008-41
CONCISE SUMMARY: Repeal is proposed because the definitions and provisions in the rule are outdated and the relevant information is now included in the recent amendments to the adult education law, 20-A MRSA Sections 8601-8612.
CHAPTER NUMBER AND TITLE: Ch. 226, Adult Basic Literacy
ADOPTED RULE NUMBER: 2008-42
CONCISE SUMMARY: Repeal is proposed because the definitions and provisions in the rule are outdated and the relevant information is now included in the recent amendments to the adult education law, 20-A MRSA Sections 8601-8612.
CHAPTER NUMBER AND TITLE: Ch. 227, Federal Adult Basic Education
ADOPTED RULE NUMBER: 2008-43
CONCISE SUMMARY: Repeal is proposed because the definitions and provisions in the rule are outdated and the relevant information is now included in the recent amendments to the adult education law, 20-A MRSA Sections 8601-8612.
CHAPTER NUMBER AND TITLE: Ch. 229, Adult and Community Education Fiscal Procedures
ADOPTED RULE NUMBER: 2008-44
CONCISE SUMMARY: The proposed amendments are to the rule that provides guidance in the collection and utilization of fees in adult education programs.
CHAPTER NUMBER AND TITLE: Ch. 230, Adult Program Provisions
ADOPTED RULE NUMBER: 2008-45
CONCISE SUMMARY: The proposed amendments are to the rule that sets forth general adult education program requirements.
EFFECTIVE DATE: February 4, 2008
AGENCY CONTACT PERSON: Rebecca Dyer, Education, 23 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6755



AGENCY: 02-381 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Oil and Solid Fuel Board
CHAPTER NUMBER AND TITLE:
Amend Ch. 1, Definitions
Amend Ch. 2, Advisory Rulings
Amend Ch. 3, Categories and Responsibilities of Licensure
Amend Ch. 4, Qualifications for Licensure
Amend Ch. 5, Use of License Authorities
Amend Ch. 7, Adoption of Standards and Rules
Amend Ch. 8, Modification of Standards
Amend Ch. 9, Installation of Oil Burning Equipment
Amend Ch. 10, Installation of Solid Fuel Burning Equipment
Amend Ch. 11, Chimneys
Amend Ch. 13, Installation of Waste Oil Appliances and Waste Oil Supply Tanks
Repeal Ch. 14, Complaints, Investigations and Adjudicatory Hearings
New Ch. 15, Denial Appeals
Repeal Ch. 141, Standards for the Installation of Solid Fuel Burning Equipment
ADOPTED RULE NUMBER: 2008-46 through 59
CONCISE SUMMARY: The adopted rules do the following:
1. Clarify wording of the law and the rules by removing definitions that are no longer being used and clarify definitions as needed.
2. Clarify guidelines for issuing advisory rulings and remove sections that are no longer needed such as Meeting Notices, Meeting Agendas and Records.
3. Permit a master and/or journeyman oil burner technician to clean a combination unit and service and repair the oil burner assembly as long as the master and/or journeyman oil burner technician is licensed as an apprentice solid fuel technician.
4. Clarify the licensing requirements for out-of-state applicants.
5. Adopt the most recent editions of NFPA standards for the installation of any oil and solid fuel burning equipment, chimneys, fireplace and vents in the State of Maine.
6. Set forth the requirements for the installation of oil burning equipment by clarifying a licensee’s responsibility when an emergency situation arises that does not allow adequate time to get the chimney lined and/or repaired before installing a new heating system. Require that heat loss system design and system load calculations for all new installations be performed prior to installation. Require that heat loss system design and system load calculations for all replacement installations be conducted prior to replacement, unless the licensee can produce stamped plans of an engineered system. Require that oil spills be reported to the Department of Environmental Protection. Clarify that thermostats containing mercury must be disposed of according to all Federal and State Regulations. Require that all steam boilers be installed according to Manufacturer’s Instructions.
7. Specify the proper installation of solid fuel burning equipment in garages.
8. Require that a State of Maine Chimney Disclosure Form be completed by the installer for masonry chimneys prior to construction.
9. Set forth a licensee’s right to appeal certain board actions.
EFFECTIVE DATE: February 3, 2008
AGENCY CONTACT PERSON: Cheryl Hersom, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8605



AGENCY: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 420, Nursing Home Care Insurance and Long-term Care Insurance
ADOPTED RULE NUMBER: 2008-60
CONCISE SUMMARY: The purpose of the amendments is to set forth ongoing requirements applicable to nursing home and long term care insurance policies issued before October 1, 2004.
EFFECTIVE DATE: May 1, 2008
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 611 Amendment 11, Maine College Savings Program, also known as the NextGen College Investing Plan
ADOPTED RULE NUMBER: 2008-61
CONCISE SUMMARY: The rule amendment makes various changes to matching grant and scholarship programs: (1) changes the amounts of certain matching grants from the amounts previously set forth to amounts to be determined annually by the Authority; (2) allows creation of categories of grant awards within each matching grant program; (3) freezes annual income eligibility level for certain matching grants at $75,000; (4) clarifies that matching grants are not forfeited if a participant transfers account ownership to the beneficiary but matching grants are forfeited if the account is rolled over to another beneficiary; (5) eliminates the expired eligibility period for recipients of Gold Star Scholarships and allows the Authority to determine an eligibility period from time to time; and (6) clarifies that in order to receive a First Step Grant, the child need not be born in Maine but must be a Maine resident at the time of application for the grant.
EFFECTIVE DATE: February 5, 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