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Home > Weekly Newspaper Notices > May 14, 2008

May 14, 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: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2008-P95
CONCISE SUMMARY: The proposed amendments to Chapter 10 increase the biennial license fee for radiologic technologists, limited radiographers and holders of a special permit from $50 to $75 and increase the license fee for temporary licensees from $10 to $50. The proposed amendments also correct the descriptions of license examinations required by the State Board of Funeral Service, but do not change the fees charged for the examinations.
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: OLR director uniform fee authority: 10 MRSA §8003(2-A)(D) and (E). OLR director fee authority in board statutes: 32 MRSA §1504 (State Board of Funeral Service); 32 MRSA §9859-A (Radiologic Technology Board of Examiners).
PUBLIC HEARING): June 2, 2008, 9:30 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: June 12, 2008
AGENCY CONTACT PERSON: Penny Vaillancourt, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8420
E-MAIL: penny.vaillancourt@maine.gov
PROPOSED RULE AVAILABLE ONLINE AT: www.maine.gov/professionallicensing



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. #242P: Chart III(L), Katie Beckett Premiums
PROPOSED RULE NUMBER: 2008-P96
CONCISE SUMMARY This rule change:
This rule-making updates the MaineCare Eligibility Manual's Katie Beckett premium Chart III(L) to reflect the mandated increase in Katie Beckett premiums.
This rule implements an increase in the monthly premium requirement for children who are covered under the MaineCare Katie Beckett coverage group as directed by the Legislature.
The Department expects to achieve mandated cost savings in the Medicaid Program as a result of increasing the monthly premium for children covered under the Katie Beckett coverage group.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3173 and 22 MRSA §3173-F and PL 2007 c. 539 Part A & 42 USC §13960 (Section 1916 of the Social Security Act)
PUBLIC HEARING: Monday, June 2nd from 4:00 p.m. to 7:00 p.m. and on Friday, June 6th from 10 a.m. to 1:00 p.m.
June 2, 2008
Augusta: Department of Health and Human Services, Conference Room 1B, 442 Civic Center Drive
Bangor: Department of Health and Human Services, Large Conference Room, 396 Griffin Road
Caribou: Department of Health and Human Services, Conference Room A, 30 Skyway Drive
Portland: Department of Health and Human Services, Conference Room B, 161 Marginal Way
June 6, 2008
Augusta: Department of Health and Human Services, Main Conference Room, 221 State St.
Bangor: Department of Health and Human Services, Large Conference Room, 396 Griffin Road
Caribou: Department of Health and Human Services, Fair Hearing Room, 30 Skyway Drive
Portland: Department of Health and Human Services, Conference Room B, 161 Marginal Way
The hearings on both dates are simultaneous and will be broadcast to all of the sites. The public can hear, see and participate in the hearings from any of the broadcast sites. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before May 24th, 2008.
DEADLINE FOR COMMENTS: June 16th, 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) 287-2637
TTY: (800) 606-0215 (Deaf/Hard of Hearing)



AGENCY: 29-250 – Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 103, Rules for Vehicle Dealers, Auctions, Transporters, Recyclers, and Loaners
PROPOSED RULE NUMBER: 2008-P97
CONCISE SUMMARY: Makes revisions to the rule governing motor vehicle dealers. Specifically, the revision would clarify requirements relative to the number of dealer plates a dealer may have. Establishes requirements for dealers to keep a log of their plate assignments. Also establishes requirements for the use of the family dealer plate. Establishes guidelines for the number of dealer plates a dealer may have.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §153 and Chapter 9 (Dealers)
PUBLIC HEARING: Friday, June 6, 2008, 10 a.m., BMV main office, 101 Hospital Street, Augusta
DEADLINE FOR COMMENTS: Friday, June 27, 2008
AGENCY CONTACT PERSON: Garry Hinkley, Director Vehicle Services Division, Maine Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9055
E-AMIL: garry.hinkley@maine.gov



AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 156, CO2 Budget Trading Program amendments, and Ch. 158, CO2 Budget Trading Program Auction Provisions
PROPOSED RULE NUMBER: 2008-P98 and P99
CONCISE SUMMARY: The Department is proposing amendments to Ch. 156, which established a carbon dioxide cap-and-trade program in Maine to stabilize and reduce man-made emissions of CO2, a greenhouse gas, from large electric generators. These amendments reflect statutory changes passed by the Legislature pertaining to the definition of fossil fuel-fired, the creation of voluntary renewable energy set-aside provisions, and other clarifications. The Department is also proposing the new rule, Ch. 158, which establishes provisions for implementing and administering CO2 allowance auctions, requirements for participation and the process for bids and transfer of allowances.
Copies of these rules are available upon request by contacting the Agency contact person listed below. 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.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §§ 580 and 585-A
PUBLIC HEARING: June 5, 2008, 9:00 a.m., Holiday Inn, Civic Center Drive, Augusta
DEADLINE FOR COMMENTS: June 15, 2008
AGENCY CONTACT PERSON: Andrea Lani, Department of Environmental Protection, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437


ADOPTIONS



AGENCY: 07-105 - State Planning Office
CHAPTER NUMBER AND TITLE: Ch. 220, Methodology for Identification of Regional Service Centers
ADOPTED RULE NUMBER: 2008-193
CONCISE SUMMARY: The State Planning Office proposes to amend the rule it uses to identify municipalities serving as regional service centers in accordance with 30-A MRSA §4301, sub §14-A. The amendment would extend the timeframe for updating the list of service centers using this methodology from five (5) to ten (10) years to coincide with the release of new census data. The Office also proposes to update references to the data sets required in the methodology for determining service center communities to reflect recent job classification coding changes by the Department of Labor.
EFFECTIVE DATE: June 1, 2008
AGENCY CONTACT PERSON: Jody Harris, State Planning Office, 38 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-5424



AGENCY: 26-239 - Department of the Attorney General
CHAPTER NUMBER AND TITLE: Ch. 10, Rules for Exemptions to the Ban on Flavored Cigarettes and Cigars
ADOPTED RULE NUMBER: 2008-194
CONCISE SUMMARY: This chapter describes the procedures under which tobacco manufacturers may file statements for flavored cigarette or cigar products first on the market prior to January 1, 1985 and for the verification of those statements. This chapter also describes the procedures and criteria tobacco manufacturers must meet to be entitled to an exemption from the flavored cigarette and cigar ban for those flavored products first on the market after January 1, 1985. Pursuant to 22 MRSA§1560-D, the Office of the Attorney General is responsible for administering the exemptions to the ban on flavored cigarettes and cigars, and for promulgating these Rules.
Note: P.L. 2007 Chapter 612, effective April 14, 2008, incorporates changes in the governing statute that require these Rules be amended. The Department is proceeding with the authorized emergency rulemaking to amend these Rules to conform with the changes to 22 MRSA §1560-D, sub-§5.
EFFECTIVE DATE: June 7, 2008
AGENCY CONTACT PERSON: Jennifer Willis, Assistant Attorney General, John Archard, Tobacco Enforcement Coordinator, Office of the Attorney General, 6 State House Station, Augusta, Maine 04333-0006
TELEPHONE: (207) 626-8494 (Willis) and (207) 626-8837 (Archard)



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. #241E: Non-Categorical Reinstatement Process
ADOPTED RULE NUMBER: 2008-195
CONCISE SUMMARY: Maine is implementing an emergency rule to establish a reinstatement and waiting list process for individuals seeking MaineCare eligibility under the Non-categorical chapter, also known as the benefit for childless adults. Recent budget shortfalls have created a waiting list again for this program, which necessitates immediate adoption of this process, so that non-cats who lose their coverage through no fault of their own will be able to re-gain that coverage without having to be placed at the end of the waiting list.
This rule is not expected to have any adverse impact on small business.
EFFECTIVE DATE: March 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