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Home > Weekly Newspaper Notices > April 23, 2008

April 23, 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: 02-032 - Office of Securities
RULE TITLE OR SUBJECT: Ch. 515, Investment Adviser Licensing
PROPOSED RULE NUMBER: 2008-P75
CONCISE SUMMARY: This rule-making would repeal and replace the section of the investment adviser licensing rule governing advisers who have custody of client assets to make it more consistent with a model state rule and with the federal rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §§16411(6) and 16605
PUBLIC HEARING: May 16, 2008 at 10 a.m., Department of Professional and Financial Regulation, Androscoggin Room, 124 Northern Avenue, Gardiner, Maine 04345
DEADLINE FOR COMMENTS: May 30, 2008
AGENCY CONTACT PERSON: Stephen L. Diamond, Office of Securities, 121 State House Station, Augusta, ME 04333-0121
TELEPHONE: (207) 624-8551



AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 115, Major and Minor Source Air Emission License Regulation; and
Ch. 149, General Permit for Nonmetallic Mineral Processing Plants
PROPOSED RULE NUMBER: 2008-P76 and P77
CONCISE SUMMARY: The Department is proposing a new rule that allows most Nonmetallic Mineral Processing Plants (NMMPP), defined as any combination of a rock crusher and stationary engine functioning in conjunction, to obtain a permit from the Department without going through the licensing process currently required by Ch. 115, Major and Minor Source Air Emission License Regulation. This general permit program for NMMPP will expedite the permitting process while maintaining the same level of control over emissions. Under this regulation, rock crushers will continue to be subject to opacity standards and control equipment requirements. Ch. 115 is amended to reflect the option of permitting under Ch. 149. Copies of these rules are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/regulations/proposed.htm.
Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency contact person.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §585-A and §590
PUBLIC HEARING: May 15, 2008, 1:30 p.m., Holiday Inn, Augusta, Maine
DEADLINE FOR COMMENTS: May 27, 2008, 5:00 p.m.
AGENCY CONTACT PERSON: Carolyn Wheeler, Bureau of Air Quality Control, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437
FAX: (207) 287-7641



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 17, Community Support Services
PROPOSED RULE NUMBER: 2008-P78
CONCISE SUMMARY: The proposed rule repeals Intensive Community Integration (ICI) Services and adds proration language for partial months of Assertive Community Treatment (ACT) in Ch. II. Ch. III repeals coding for ICI. Other than providers of these specific services, this rule is not expected to fiscally impact or create new recording burdens for other small businesses and is not expected to yield new costs for municipal or county governments.
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:: Monday, May 12, 2008, 1-3 p.m., Conference Room # 1 A & B, 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 May 5, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight May 22, 2008
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9369
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 Section 46, Psychiatric Facility Services
PROPOSED RULE NUMBER: 2008-P79
CONCISE SUMMARY: This proposed rule revises and updates Psychiatric Facility Services policy. The proposed rule tightens criteria for children receiving MaineCare eligibility solely through “Katie Beckett” eligibility to assure that only those children with Severe Emotional Disturbance, who would otherwise require institutional level of care, become eligible for the intensive behavioral health services described in this Section. The proposed rule provides definitions used in medical eligibility determination, require the diagnosis of a mental health clinician and documentation of functional need for these services, and detail the process for evaluation and reassessment of eligibility. The rule adds requirements for registration, central enrollment, and utilization review of all services reimbursed under this Section, to be performed by the Department or its Authorized Agent. The proposed rule also removes some sections duplicated in other MaineCare or Licensing rules and makes numerous technical corrections and updates. This rule is not expected to have an adverse impact on small business.
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, 2007 PL, Chapter 539
PUBLIC HEARING: May 15, 2008, 8:00 a.m., Location: 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 May 10, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight May 25, 2008.
AGENCY CONTACT PERSON: Patricia Dushuttle, 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, MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 97, Private Non-Medical Institutions
PROPOSED RULE NUMBER: 2008-P80
CONCISE SUMMARY: The Department of Health and Human Services is proposing changes to Ch. II Section 97, Private Non-Medical Institutions. Specifically, the Department proposes to limit reimbursement of bedhold days for all PNMI providers to thirty (30) days per member per calendar year. These changes are directed by the Maine State Legislature as a cost savings initiative.
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: May 13, 2008, 1 p.m., Location: Conference Room, 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 May 10, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight May 25, 2008.
AGENCY CONTACT PERSON: Patricia Dushuttle, 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 Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Rev. #83P: Promote Family Self-support and Reunification
PROPOSED RULE NUMBER: 2008-P81
CONCISE SUMMARY: The amendments to policy contained in this proposed rule will allow the offices of Integrated Access and Support and Child and Family Services to coordinate their services in order to encourage parents whose children are in involuntary State Child Welfare custody to engage in a cooperative plan for reuniting with their children while participating in an employment plan that will lead their family to self-support.
This rule proposes changes that will allow the following:
* A parent, whose child is in involuntary State Child Welfare custody, may be eligible for an adult-only TANF grant when there is an active plan for family reunification and self-support.
* A child in involuntary State Child Welfare custody may be eligible for TANF when they are placed in their parent's home during an active plan for family reunification and self-support.
This rule will not have any adverse economic impact on small businesses
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3762 thru §3769 and 22 MRSA 4041 1A (A) 42 USC §601 et seq.
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: May 23, 2008
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF 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) 287-6897
TTY: (800)-606-0215 (Deaf/Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Rev. #84P: ASPIRE Exemption
PROPOSED RULE NUMBER: 2008-P82
CONCISE SUMMARY: This rule proposes to amend existing rules concerning the exemptions to participating in the Additional Support for People in Retraining and Employment (ASPIRE) Program in order to comply with the requirements of the federal Deficit Reduction Act of 2005.
This rule removes the ASPIRE exemption for “A parent or caretaker relative whose TANF or PaS eligibility is based on incapacity because the second parent or caretaker relative is an SSI recipient.” This exemption is replaced with “A parent or caretaker relative who is needed in the home to care for a disabled family member living in the household and the disabled family member is not a full-time student.
The need for the TANF or PaS recipient to care for the disabled family member must be verified at least annually through statements by a medical or mental health professional.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 42 USC §607 as amended by the Deficit Reduction Act of 2005; (PL 109-171, Section 7102); 45 CFR § 261.2(n)(2)(i) as amended by 71 FR 37454
PUBLIC HEARING None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: May 23, 2008
AGENCY CONTACT PERSON Dawn Mulcahey, TANF 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) 287-6897
TTY: (800) 606-0215 (Deaf/Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Rev. #86P: TANF Special Needs Housing Allowance
PROPOSED RULE NUMBER: 2008-P83
CONCISE SUMMARY: This rule increases the TANF Special Needs Housing Allowance from up to $50 per month to up to $100 per month for each assistance unit incurring certain housing costs which equal or exceed 75% of their countable income. This increase provides TANF recipients with more available income for obtaining and retaining safe housing for their families.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES. Increasing the TANF Special Needs Housing Allowance will decrease General Assistance expenditures for housing.
STATUTORY AUTHORITY: 22 MRSA §3762, sub-§3 ¶B, (6),
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: May 23, 2008
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF 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) 287-6897
TTY: (800) 606-0215 (Deaf/Hard of Hearing)


ADOPTIONS: no adoptions this week