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Home > Weekly Newspaper Notices > May 21, 2008

May 21, 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, MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 19, Home and Community Benefits for the Elderly and Adults with Disabilities
PROPOSED RULE NUMBER: 2008-P100
CONCISE SUMMARY: This rule making proposes to eliminate the language and requirements for Independent Living Assessments as these are no longer done. In addition, changes are proposed to reduce the number of face to face care management visits as well as loosen requirements for home modifications rules. Finally, other minor changes are proposed to make the language consistent with the language in the 1915(c) Federal waiver. Proposed changes will be adopted contingent upon approval by CMS.
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: June 12, 2008 at 10 a.m., Conference Room # 3, 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 June 6, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight, June 22, 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: 10-148 - Department of Health and Human Services, Office of Child and Family Services
RULE TITLE OR SUBJECT: Ch. 14, Rules for Levels of Care for Foster Homes
PROPOSED RULE NUMBER: 2008-P101
CONCISE SUMMARY: These rules describe the procedures and requirements for Levels of Care. The rules also identify the reimbursement rate associated with each Level of Care.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42; 22 MRSA §4062
PUBLIC HEARINGS:
Wednesday, June 11, 2008, 5 p.m. at DHHS Portland
Thursday, June 12, 2008 5 p.m. at DHHS Bangor
DEADLINE FOR COMMENTS: June 22, 2008
AGENCY CONTACT PERSON: Christa Elwell, Department of Health & Human Services, Office of Child & Family Services, 2 Anthony Ave., Augusta, ME 04333
TELEPHONE: (207) 624-7900



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4.01(D), Hunting Seasons for Upland Game (Gray Squirrel)
PROPOSED RULE NUMBER: 2008-P102
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend the rule for the annual open season for the hunting of gray squirrels by extending the season until February 28 for falconry hunting. The general hunting season runs from October 1 through December 31; falconers would be able to continue hunting until February 28.
STATUTORY AUTHORITY: 12 MRSA §10104
RULE TITLE OR SUBJECT: Ch. 4.01(G), Open Seasons for the (Trapping) of Furbearing Animals
PROPOSED RULE NUMBER: 2008-P103
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing a rule extending the season dates for marten and fisher trapping until the end of December; restricting the harvest of fisher to 10 per trapper; allowing the use of commercially manufactured wooden-base rat traps for weasel and red squirrel trapping; and allowing for possession of mink taken incidental to beaver or muskrat trapping.
STATUTORY AUTHORITY: 12 MRSA §10104 sub-§1
RULE TITLE OR SUBJECT: Ch. 4.03(A-3), Expanded Archery Deer Season
PROPOSED RULE NUMBER: 2008-P104
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing to adopt a rule amending the Expanded Archery Deer Hunting Season by increasing the area open within the towns of Camden, Owl’s Head, Rockland, Rockport, and Thomaston.
STATUTORY AUTHORITY: 12 MRSA §11402
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: June 20, 2008
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041
E-MAIL: Andrea.Erskine@maine.gov
TELEPHONE: (207) 287-5201


ADOPTIONS



AGENCY: 12-597 - Maine Department of Labor, Bureau of Employment Services
CHAPTER NUMBER AND TITLE: Ch. 2, The Competitive Skills Scholarship Program
ADOPTED RULE NUMBER: 2008-197
CONCISE SUMMARY: This rule establishes the criteria for determining eligibility and services for applicants and participants in the Competitive Skills Scholarship Program. The program will be operated through Maine’s CareerCenters and will help provide access to education, training and support services to people with income below 200% of the federal poverty guidelines so that they may prepare for skilled jobs in demand with high compensation.
EFFECTIVE DATE: May 14, 2008
AGENCY CONTACT PERSON: Mary T. Henderson, Maine Department of Labor, 54 State House Station, Augusta, ME 04333
TELEPHONE: (207) 621-5096



AGENCY: 10-144 - Department of Health and Human Services, Maine Center for Disease Control, Division of Family Health
CHAPTER NUMBER AND TITLE: Ch. 280, Rules Relating to the Maine Birth Defects Program
ADOPTED RULE NUMBER: 2008-198
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.
EFFECTIVE DATE: May 17, 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, Maine CDC, Key Bank Plaza 7th Fl.,. Augusta, Maine 04333
TELEPHONE: (207) 287-8424



AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 115, Certification, Authorization, and Approval of Education Personnel, Part I and Part II
ADOPTED RULE NUMBER: 2008-199
CONCISE SUMMARY: Proposed amendments to Ch. 115, Part I and II include adding language to allow teacher holding a 7-12 endorsement in the same subject area to teach adult education, changing 'modem languages' to 'world languages', omitting sunset language and all references to Northeast Regional Credential, and adding a new certificate, the Financial Services Manager.
EFFECTIVE DATE: June 13, 2008
AGENCY CONTACT PERSON: Joanne C. Holmes, Department of Education, State House Station 23, Augusta, Maine 04333
TELEPHONE: (207) 624-6660



AGENCY: 05-071 - Department of Education - State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 61, State Board of Education Rules for Major Capital School Construction Projects
ADOPTED RULE NUMBER: 2008-200
CONCISE SUMMARY: Ch. 61, Rules for Major Capital School Construction Projects, govern the expenditure of millions of Maine taxpayers’ dollars in support of the provision of safe and attractive schools that support the demands of 21st century education. Extensive needs for improved education facilities across the state make it imperative that the rules be kept clear, current and supportive of the state’s education goals. To this end, the Department of Education and the Construction Committee of the State Board of Education have worked jointly to propose modifications to Ch. 61. Key aspects of this revision include:
1. Defining “Non-Conforming School” as a “school in a school administrative unit that has neither joined a Regional School Unit nor has an approved alternative plan as specified under the provisions of 20-A MRSA Ch. 103-A;”
2. Eliminating the definitions of “Learning Technology Equipment” and “Non-Learning Equipment;”
3. Addressing “energy efficiency” as a criteria upon which to base rating scores. Some adjustments are being made to the rating numbers and language is added to address CTE regions and centers and the rating score penalty to non-conforming schools;
4. Clarifying the mechanism by which the rating team may report schools that appear to be unsafe;
5. Requiring that consideration be given to providing the minimum travel distance for the maximum number of students when considering a new school site;
6. Removing Section 2 (A) through (E) relative to “Technology Budget;”
7. Clarifying the language in Section 10 (4) (A) “Budget Requirements;” and
8. Requiring that non-conforming schools be penalized 10% of the total State/Local funding portion of their Major Capital School Construction project budget and 10 points on their rating score.
EFFECTIVE DATE: June 13, 2008
AGENCY CONTACT PERSON: Scott Brown, Director of School Facilities, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6883
E-MAIL: Scott.Brown@Maine.Gov



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Certification Manual, Rev. #157A: Full Standard Utility Allowance (FSUA) Update
ADOPTED RULE NUMBER: 2008-201
CONCISE SUMMARY: This rule increases the full standard utility allowance when determining the benefit amount for eligible households. The increased allowance is the result of increased costs for heating fuel and other utilities. Not all households will receive an increase in benefits. The full standard utility allowance for those incurring heating/cooling costs or receiving LIHEAP will increase from $450 a month to $546 a month. This rule will not have an adverse impact on small business.
EFFECTIVE DATE: March 1, 2008
AGENCY CONTACT PERSON: Robert L. Thibodeau, Food Stamp 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) 287-5054
TTY: (800) 606-0215