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Home > Weekly Newspaper Notices > June 18, 2008

June 18, 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: 10-148 - Department of Health and Human Services. Office of Child and Family Services
RULE TITLE OR SUBJECT: Ch. 201, Procedures for the Abuse and Neglect Substantiation Process and for Appeals for Persons Substantiated as Perpetrators of Abuse or Neglect of Children
PROPOSED RULE NUMBER: 2008-P133
CONCISE SUMMARY: The Department of Health and Human Services establishes these procedures to govern the substantiation of findings of abuse and neglect of children where the department has conducted an assessment of allegations of abuse and neglect. These procedures set the process to notify and provide an appeal to persons who have been substantiated by the Department of Health and Human Services as having abused or neglected a child or children.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: The Department adopts these rules pursuant to 22 MRSA §42(1). These rules are necessary for the successful operation of the Child and Family Services and Child Protection Act, 22 MRSA §4001 et seq. Specifically, these rules are necessary to the Department’s obligation to determine the degree of harm or threatened harm to each child in each case that comes to its attention, pursuant to 22 MRSA §4004(2)(C).
PUBLIC HEARINGS: Upon Request
DEADLINE FOR COMMENTS: July 18, 2008
AGENCY CONTACT PERSON: Virginia S. Marriner, Department of Health and Human Services, 2 Anthony Avenue, Augusta, ME 04333
TELEPHONE: (207) 624-7900
E-MAIL: virginia.s.marriner@maine.gov



AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Ch. 10, Land Use Districts and Standards, Wind Power Development
PROPOSED RULE NUMBER: 2008-P134
CONCISE SUMMARY: In the last session of the legislature, “An Act to Implement Recommendations of the Governor’s Task Force on Wind Power Development”, Public Law 2008, Ch. 661, was passed and, as emergency legislation, became effective April 18, 2008. That Act requires certain actions by this Commission:
* Identify specific places within the Commission’s jurisdiction as an “expedited permitting area”. These areas are already identified in the Act, but we must also identify these areas within our rules by September 1, 2008.
* Identify “expedited wind energy development” as a permitted use in all Commission zoning subdistricts. This rule change must also be accomplished by September 1, 2008.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §§ 684; 685-A,7-A; 685-C,5.
PUBLIC HEARING: none
DEADLINE FOR COMMENTS: Friday, July 18, 2008
AGENCY CONTACT PERSON: Frederick W. Todd, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: (207) 287-2631
E-MAIL: fred.todd@maine.gov



AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
RULE TITLE OR SUBJECT: Ch. 32, Rules for the Licensing of Child Care Facilities
PROPOSED RULE NUMBER: 2008-P135
CONCISE SUMMARY: Pursuant to Resolves 2007, ch. 199 mandated by the 123rd Legislature, the Department of Health and Human Services amends the child care facility licensing rules to regulate the use of lakes and ponds by children in the care of a licensed child care facility. Specifically, this rule: [1] eliminates the lifeguard requirement when child care facilities have off-site swimming activities at lakes and ponds; [2] requires providers to have a written water safety plan for swimming activities at lakes and ponds; [3] requires written parental permission before a child is allowed to participate in swimming activities at lakes and ponds; [4] requires written parental notice that there will be no lifeguard on duty at lakes and ponds during swimming activities; and [5] requires providers to rope off an area of the lake or pond for swimming activities that is no wider that 16 feet across at any point and partitions off a part of the water that is not deeper than 4 feet at any point.
The proposed rule is available on the Division of Licensing and Regulatory Services’ website http://www.maine.gov/dhhs/dlrs/public_hearings/home.html. Call (207) 287-9254 to have a paper copy of the rule mailed to you.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
Economic impact on small businesses. [Applies to businesses with 20 or fewer employees.] Eliminating the requirement of a lifeguard when swimming at lakes and ponds should lessen the cost of compliance with the amended changes and DHHS has determined that the proposed amended rules implementing legislatively mandated requirements (explained above) can be performed within provider resources and no economic impact statement is required.
STATUTORY AUTHORITY: 22 MRSA §§ 8301-A and 8302-A; Resolves 2007 ch. 199; 22 MRSA §42(1); and 22-A MRSA §205(2)
PUBLIC HEARING: None scheduled unless requested by 5 or more interested persons.
DEADLINE FOR COMMENTS: July 21, 2008 at 5 p.m.
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Regulatory Services, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9254
TTY: (800) 606-0215
FAX: (207) 287-9252
E-MAIL: Peter.mauro@maine.gov



AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
RULE TITLE OR SUBJECT: Ch. 33, Rules for Family Child Care Providers
PROPOSED RULE NUMBER: 2008-P136
CONCISE SUMMARY. Pursuant to Resolves 2007, ch. 199 mandated by the 123rd Legislature, the Department of Health and Human Services amends the family child care provider certification rules to regulate the use of lakes and ponds by children in the care of a certified family child care provider. Specifically, this rule: [1] eliminates the lifeguard requirement when family child care providers have off-site swimming activities at lakes and ponds; [2] requires providers to have a written water safety plan for swimming activities at lakes and ponds; [3] requires written parental permission before a child is allowed to participate in swimming activities at lakes and ponds; [4] requires written parental notice that there will be no lifeguard on duty at lakes and ponds during swimming activities; and [5] requires providers to rope off an area of the lake or pond for swimming activities that is no wider that 16 feet across at any point and partitions off a part of the water that is not deeper than 4 feet at any point.
The proposed rule is available on the Division of Licensing and Regulatory Services' website http://www.maine.gov/dhhs/dlrs/public_hearings/home.html. Call (207) 287-9254 to have a paper copy of the rule mailed to you.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
Economic impact on small businesses. [Applies to businesses with 20 or fewer employees.] Eliminating the requirement of a lifeguard when swimming at lakes and ponds should lessen the cost of compliance with the amended changes and DHHS has determined that the proposed rules implementing legislatively mandated requirements (explained above) can be performed within provider resources and no economic impact statement is required.
STATUTORY AUTHORITY: 22 MRSA §§ 8301-A and 8302-A; Resolves 2007, ch. 199; 22 MRSA §42(1); and 22-A MRSA §205(2).
PUBLIC HEARING: None scheduled unless requested by 5 or more interested persons.
DEADLINE FOR COMMENTS: July 21, 2008 at 5 p.m.
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Regulatory Services, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9254
TTY: (800) 606-0215
FAX: (207) 287-9252
E-MAIL: Peter.mauro@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 21, Home and Community Benefits for members with Mental Retardation or Autistic Disorder
ADOPTED RULE NUMBER: 2008-254
CONCISE SUMMARY: This rule permanently adopts major substantive rules approved by the Maine State Legislature and currently in effect by emergency rule. The final major substantive adopted rules specify HIP AA compliant procedure coding and standardized rates for the services detailed in Ch. II.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 15, 2008
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy and Performance Services, 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)
E-MAIL: ginger.roberts-scott@maine.gov



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 29, Dealer Margins
ADOPTED RULE NUMBER: 2008-255
CONCISE SUMMARY: The principal reason for this rulemaking is to up-date dealer margins. The margins adopted in this rule reflect the current cost of processing milk in Maine and will be used by the Maine Milk Commission in their monthly milk price setting meetings.
EFFECTIVE DATE: June 20, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521
E-MAIL: stan.millay@maine.gov



AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE:
Ch. 2(1)(3)&(4), 2006 Permanent Impairment Threshold; and
Ch. 2(2)(6), 2006 Non-Extension of Benefits
ADOPTED RULE NUMBER: 2008-256
CONCISE SUMMARY: This rule establishes that the permanent impairment threshold is 11.8% effective January 1, 2006 and that the benefit limitation is not extended for 52 weeks on January 1, 2006.
EFFECTIVE DATE: June 17, 2008
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7086
E-MAIL: john.rohde@maine.gov