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Home > Weekly Newspaper Notices > April 2, 2008

April 2, 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: 01-017 - Maine State Harness Racing Commission
RULE TITLE OR SUBJECT: Ch. 1, Administration, Section 1, Definitions, Subsection 66-A, Protest; Section 22, Drug Testing of Licensees
PROPOSED RULE NUMBER: 2008-P59
CONCISE SUMMARY: The proposed rule in Section 1 clarifies what a “protest” is and when it is to be used. The proposed rule in Section 22 prohibits a licensee from participating in harness racing if a prescription drug carries a warning against driving or operating machinery while using the prescription.
RULE TITLE OR SUBJECT: Ch. 3, Officials and Race Track Personnel, Section 4: Officials Restrictions
PROPOSED RULE NUMBER: 2008-P60
CONCISE SUMMARY: The proposed rule prohibits a licensee from racing horses at a race meet where he/she is employed as an official.
RULE TITLE OR SUBJECT: Ch. 5, Tracks: Section 5, Purse Money
PROPOSED RULE NUMBER: 2008-P61
CONCISE SUMMARY: The proposed rule requires that a percentage of the purse winnings be deducted and paid to the driver and trainer of any owner that wins a purse. The licensed association and the association representing a majority of horsemen at the race meet must agree upon the percent deducted from the pure winnings.
RULE TITLE OR SUBJECT: Ch. 7, Racing: Section 6, Meeting Race Standards and Maintaining Eligibility; Section 8, Preference; Section 17, Claiming Races; Section 53, Driving Violations; Section 54, Racing Violations; Section 76, Dashes
PROPOSED RULE NUMBER: 2008-P62
CONCISE SUMMARY: The proposed rule in Section 6 clarifies when a horse is eligible to race and changes the number of breaks a horse may make before having to re-qualify and allows the break to be excused in the event of interference or broken equipment.
The proposed change in Section 8 requires that the preference date also include the date that the horse is drawn in to go and in cases where there are fewer than 25 horses available for competition the race secretary may consider two consecutive race dates in the case of equal preference.
The proposed change in Section 17 would require that a horse not be allowed to race outside the State of Maine for a period of 45 days or until all awarded race dates have been fulfilled for that racing year and provides for an allowance for mares in any claiming race.
The proposed change in Section 53 prohibits the sawing of a whip between the horse’s legs.
The proposed change in Section 54 prohibits the whipping outside the confines of the wheels.
The proposed change in Section 76 requires the purse money for positions for which there were no horses placed be retained in the horsemen’s purse account.
RULE TITLE OR SUBJECT: Ch. 9, Sire Stakes, Section 2, Eligibility Criteria; Section 3, Payments and Fees; Section 4, Performance Eligibility; Section 6. Conditions
PROPOSED RULE NUMBER: 2008-P63
CONCISE SUMMARY:
The proposal in Section 2 clarifies the breeding season and increases the fee per stallion.
The proposal in Section 3 eliminates fees for final events.
The proposal in Section 4 changes the performance eligibility for two and three year old trotters.
The proposal in Section 6 decreases the number of trailing horses from 2 to 1.
RULE TITLE OR SUBJECT: Ch. 13, Pari-Mutuel, Section 48, Quad Rific
PROPOSED RULE NUMBER: 2008-P64
CONCISE SUMMARY: The proposed rule changes Quad Rific to Superfecta and increases the maximum races per card, decreases the minimum starters in Superfecta races.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA §§ 263-A, 268, 275-C, 279-A and B
PUBLIC HEARING: April 24, 2008, 12:30 p.m., Gambling Control Board, 45 Commerce Drive, Suite 1, 104 State House Station, Augusta, Maine 04333-0104
DEADLINE FOR COMMENTS: May 5, 2008
AGENCY CONTACT PERSON: Henry W. Jackson, Executive Director, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 90.20(1), Hancock County; Taunton Bay Management Area (Hancock, Sullivan, and Franklin)
PROPOSED RULE NUMBER: 2008-P65
CONCISE SUMMARY: These proposed regulations would create a pilot program for a localized resource management area within Taunton Bay. In accordance with the Report to the Joint Standing Committee on Marine Resources of the 123rd Maine Legislature on a Comprehensive Resource Management Plan for Taunton Bay, Maine, January 12, 2007, (Report) the Commissioner appointed individual citizens from principal user groups to form the Taunton Bay Advisory Group who formed recommendations towards these rules. A copy of this report is available on the web at: http://www.maine.gov/dmr/council/tauntonbay/index.htm.
This rule would define the boundaries of the management area within which harvesters of mussels, scallops, urchin and kelp would share stewardship responsibilities with the Department. Eligibility would be determined by license holders who notify the Department in writing by a set deadline and participate in a mandatory stewardship pre-harvest meeting to identify harvest areas and allocations that avoid conflict between harvesters and non-harvested sensitive resources. The final plan would be approved by the Commissioner and the DMR Advisory Council in accordance with 12 MRSA §6171(2-A). Harvesters would be required to report trip level data including by-catch except for kelp harvest. The proposed project would sunset December 31, 2009 or if found to be inefficient or impractical it may be repealed by the Commissioner, in consultation with the Taunton Bay Advisory Group, prior to the sunset.
AGENCY CONTACT PERSON: John Sowles (tel: 207-633-9518)
STATUTORY AUTHORITY: 12 MRSA §6171 and §6171(2-A)
PUBLIC HEARING: April 22, 2006, 6:00 p.m.; Franklin Community Center, 34 Main Street, Franklin, ME 04634
DEADLINE FOR WRITTEN COMMENTS: May 2, 2008
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
MAIL WRITTEN COMMENTS TO: DMR, attn: L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008 WEB SITE: www.maine.gov/dmr/rulemaking. TEL: (207) 633-9584; FAX: (207) 633-9579; TTY: (207) 633-9500 (Deaf/Hard of Hearing) Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #05-08
PROPOSED RULE NUMBER: 2008-P66
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: April 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: April 18, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 115, Principles of Reimbursement for Residential Care Facilities - Room and Board Costs
PROPOSED RULE NUMBER: 2008-P67
CONCISE SUMMARY: The Office of Maine Care Services is proposing changes to 10-144 CMR, Chapter 115, Principles of Reimbursement for Residential Care Facilities- Room and Board Costs. The Department is proposing changes to Definition 24(b), 28(c) and Principle's 20.43(b) and 30.62 where language was added to clarify when investment income from gifts, grants and endowments would be applied. Finally, the Department also made grammatical changes in Sections 20.32(b)(1) and 20.32(b)(3) to restore language that was inadvertently changed during the November 1, 2007 rulemaking.
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: A public hearing is not scheduled for this proposed rule. Written comments will be allowed until Friday, May 2, 2008. If five or more individuals request a public hearing, then a hearing will be scheduled and the Department will notify the public.
DEADLINE FOR COMMENTS: Comments must be received by midnight May 2, 2008.
AGENCY CONTACT PERSON: Scott Goulette, Comprehensive Health Planner, 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 or Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 2, Adult Family Care Services
PROPOSED RULE NUMBER: 2008-P68
CONCISE SUMMARY: The Department proposes to increase the Resource Adjusted Price by three percent for all resource groups for Adult Family Care Services to accommodate a cost of living adjustment. This increase will result in $58,553.52 annual increase to the General Fund.
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
DEADLINE FOR COMMENTS: Comments must be received by midnight May 2, 2008
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner, Office of MaineCare Services, 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 or Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 13, Targeted Case Management Services and Allowances for Targeted Case Management Services
PROPOSED RULE NUMBER: 2008-P69
CONCISE SUMMARY: This proposed rule repeals and replaces the existing Chapters II and III of Section 13, Targeted Case Management Services and Allowances for Targeted Case Management Services, in accordance with the federal mandate. The proposed rule complies with the mandate of the federal Medicaid regulation amendment (see 72 Fed. Reg. 68,077 (Dec. 4, 2007) (Interim final rule, to be codified at 42 C.F.R. Parts 431, 440 and 441) which institutes major changes including restrictive definitions of covered TCM services, and major changes to provider reimbursement and billing. The proposed rule defines TCM covered services; clarifies that MaineCare will not cover duplicative services; and sets forth the eligibility process, and the federal requirement of transitioning to one comprehensive case manager. Chapter III establishes new billing procedure codes based on HIPAA compliant HCPCS coding. Chapter III also implements a change in reimbursement to the Provider/Case Management Agency through the requirement of billing in fifteen (15) minute increments, and also requires comprehensive documentation of services by providers. The Department will comply with all federal noticing requirements to both recipients and providers. The Department is currently working with CMS on a State Plan amendment which will comply with the federal TCM regulation.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173; 72 Fed. Reg. 68,077 (Dec. 4, 2007) (Interim final rule, to be codified at 42 C.P.R. Parts 431, 440 and 441)
PUBLIC HEARING: April 23, 2008, 12:00 p.m., Commerce Center, Florian Hall, 45 Commerce Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before April 14, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight May 3, 2008.
AGENCY CONTACT PERSON: Melanie Miller, Comprehensive Health Planner, Office of MaineCare Services, 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 or Hard of Hearing)


ADOPTIONS



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 29, Community Support Benefits for Members with Mental Retardation and Autistic Disorders
ADOPTED RULE NUMBER: 2008-122
CONCISE SUMMARY: The Department is permanently adopting emergency rules allowing Community Support Benefits for Members with Mental Retardation and Autistic Disorder. This Section of the MaineCare Benefits Manual details services to members under a Home and Community Based Waiver approved by the Centers for Medicare and Medicaid Services (CMS). Services covered in Chapter II include Community Support, Employment Specialist Services, Work Support, Home Accessibility Adaptations, Transportation and Respite. Chapter III defines the reimbursement methodology for these services. Chapter III also establishes billing procedure codes based on HIPAA compliant coding. This rule is not expected to have any adverse economic impact on small business.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: March 30, 2008
AGENCY CONTACT PERSON: Ginger Roberts, Health Planner, Division of Policy and Performance, 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: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #04-08
ADOPTED RULE NUMBER: 2008-123
CONCISE SUMMARY: Minimum April 2008 Class I price is $21.86/cwt. plus $1.16/cwt. for Producer Margins, an overorder premium of $1.85/cwt. as being prevailing in Southern New England and $0.70/cwt. handling fee for a total of $25.77/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: March 30, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 05-071 - State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 145, Procedures for Establishing and for Student Participation in the Maine Opportunity Program
ADOPTED RULE NUMBER: 2008-124
CONCISE SUMMARY: Chapter 469, as a citizen-initiated act, provides a tax credit to reimburse educational loan payments for any Maine resident who earns an associate degree or a bachelor’s degree in Maine, and lives, works and pays taxes in Maine after earning that degree. Under an agreement with the State, a Maine resident who earns an associate degree or a bachelor’s degree from an accredited Maine junior college, college or university may take advantage of the credit. The person may claim the credit for payments made during each year that person lives and works in Maine. If the person lives and works in Maine, that person's employer may make the loan payments and claim the credit. The credit is limited to what the person actually pays in loan payments or to what would be necessary to pay for an education in the University of Maine System or Maine Community College System, whichever is less. Rules are required to enable implementation Chapter 469’s provisions by the established deadline of January 1, 2008.
During the State Board’s January 9, 2008 meeting the Board provisionally adopted two revisions to the earlier adopted rules as they pertain to the establishment of time limits for commencing Opportunity Maine Program participation. The purpose of this rule-making is limited to the addition of time limits to the text of the recently designated Chapter 145 – “Procedures for Establishing and for Student Participation in the Maine Opportunity Program.”
STATUTORY AUTHORITY: Part A Sec. A-1. 20-A MRSA c. 428-C and Part B Sec. B-1. 36 MRSA §5217-D Chapter 428-C. Job Creation through Educational Opportunity Program
EFFECTIVE DATE: March 29, 2008
AGENCY CONTACT PERSON: Harry Osgood, Maine Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6879



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #332, MaineCare Eligibility Manual, Rev. #MC-240A: Katie Beckett coverage
ADOPTED RULE NUMBER: 2008-126
CONCISE SUMMARY: This rule change:
The Department previously proposed and adopted essentially this same rule implementing monthly premiums for the Katie Beckett coverage group. Before that rule became effective, the Department decided to leave the Katie Beckett coverage within the State Plan instead of obtaining a waiver from CMS. As previously adopted, this rule will also eliminate 12 months continuous coverage for the Katie Beckett coverage group. This means that MaineCare coverage ends when the individual no longer meets eligibility requirements instead of continuing for 12 months, regardless of changes that take place.
This rule will not have any impact on small business.
EFFECTIVE DATE: April 1, 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 ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (800) 606-0215



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 21, Home and Community Benefits for Members with Mental Retardation or Autistic Disorder
ADOPTED RULE NUMBER: 2008-127
CONCISE SUMMARY: The adopted rules permanently adopt emergency rules that were effective December 30, 2007. The rule provides Home and Community Support for members to allow them to remain in their home and avoid institutionalism. Chapter II defines the eligibility of members and the covered services that members may access under this benefit as well as the limits, documentation requirements and provider qualifications. This rule is not expected to have any adverse economic impact on small business.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: March 30, 2008
AGENCY CONTACT PERSON: Ginger Roberts, Health Planner, Division of Policy and Performance, 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, Division of Policy and Performance
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 90, Physician Services
ADOPTED RULE NUMBER: 2008-128
CONCISE SUMMARY: This rule adopts changes to Chapter II, Section 90, Physician Services, sub-section 90.04-7, that improve the guidelines and process for reimbursement. The adopted 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.
EFFECTIVE DATE: April 1, 2008
AGENCY CONTACT PERSON: Scott Goulette, Comprehensive Health Planner, Division of Policy, 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: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. X Section 3, Katie Beckett Benefit
ADOPTED RULE NUMBER: 2008-129
CONCISE SUMMARY: The adopted rule describes basic provisions of the Katie Beckett benefit that reimburse services for certain children who meet Social Security criteria for disability but are otherwise not eligible for MaineCare services.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: April 1, 2008
AGENCY CONTACT PERSON: Dawn R. Gallagher, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9366
FAX: (207) 287-9368
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services, Maine Center for Disease Control and Prevention
CHAPTER NUMBER AND TITLE: Ch. 258, Rules for the Control of Notifiable Diseases and Conditions
ADOPTED RULE NUMBER: 2008-130
CONCISE SUMMARY: These Rules repeal and replace existing Rules for the Control of Notifiable Conditions, which govern the reporting of certain diseases, clusters of unusual cases of a disease or outbreaks of a disease, epidemics and extreme public health emergencies. Changes were made to add new notifiable diseases and to update existing Rules to reflect recent developments in disease investigation and intervention. There is a new section in these Rules which will become operational only in the event of an extreme public health emergency as declared by the Governor.
Pursuant to 22 MRSA §8052(5-A) there is no adverse impact on small business.
EFFECTIVE DATE: April 4, 2008
AGENCY CONTACT PERSON: Elana Jellison, DHHS, Office of Data, Research and Vital Statistics, 244 Water Street, State House Station #11, Augusta, ME 04333-0011
TELEPHONE: (207) 287-1911



AGENCY: 10-144 - Department of Health and Human Services, Maine CDCP, Partnership for a Tobacco-Free Maine
CHAPTER NUMBER AND TITLE: Ch. 250, Rules Relating to Smoking in the Workplace (Major Substantive Final Adoption)
ADOPTED RULE NUMBER: 2008-131
STATUTORY AUTHORITY: 5 MRSA §8054; 22 MRSA §§ 3, 42, 1580-A(9); Pub. L. 2005, Ch. 581, 683 §G-1; Resolve 2007, Ch. 149
CONCISE SUMMARY: This Major Substantive Rule derives from the Legislature's mandate in Public Law 2005, Ch. 581, §3, which directed the Department to implement the new statute's provisions for establishing voting procedures for qualifying clubs to employ in adopting smoking policies. The Legislature mandated the establishment of rules to aid qualifying clubs in holding membership elections to determine whether smoking will be permitted on club premises. This Major Substantive Rule's changes exempt qualifying clubs from the more rigorous workplace smoking regulations adopted by the Department in the accompanying Chapter 250 Routine, Technical rulemaking. No direct fiscal impact upon small businesses is expected.
The Legislature authorized the Department to promulgate this rule as Major Substantive, pursuant to 5 MRSA §8071(2)(B). The Department provisionally adopted this rule, and gave it immediate effect on an emergency basis; contemporaneously, the Department submitted the Provisionally Adopted Rule to the Legislature for review and approval. The 123rd Legislature issued its approval for the Department to make the rule permanent through Final Adoption. The Final Adoption did not take place within the required timeframe therefore the Department requested, and was issued per Resolve Chapter 149, an extension to the deadline to finally adopt the Rule.
EFFECTIVE DATE: April 27, 2008
AGENCY CONTACT: MaryBeth T. Welton, DHHS, Maine CDC, Partnership for a Tobacco-Free Maine, Key Plaza, 4th Floor, 11 State House Station, Augusta, ME 04334
TELEPHONE: (207) 287-6027
TTY: (207) 287-8015