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July 9, 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: 94-434 - Maine Educational Loan Authority (MELA)
RULE TITLE OR SUBJECT: Ch. 1, Supplemental Education Loan Program Rules
PROPOSED RULE NUMBER: 2008-P145
CONCISE SUMMARY: This rule-making amends the existing Supplemental Education Loan Program Rules to make revisions to the eligible students and borrowers, credit underwriting, finance charges, and repayment terms of MELA’s The Maine Loan®, The Maine Medical Loansm, and MELA Private Consolidation Loansm programs. In addition, a revision is being made to the aggregate balance for non-MELA loans consolidated under the consolidation loan program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §11417(1)(N)
PUBLIC HEARING: No public hearing will be held.
DEADLINE FOR COMMENTS: Monday, August 11, 2008
AGENCY CONTACT PERSON: Shirley M. Erickson, Executive Director, Maine Educational Loan Authority, 131 Presumpscot Street, Portland, ME 04103
TELEPHONE: (207) 400-3011
E-MAIL: serickson@mela.net



AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Ch. 22, Proposed Rule for Administering the 2008 Riverfront Community Development Bond Program
PROPOSED RULE NUMBER: 2008-P146
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the state funds in accordance with 5 MRSA §13083-T. It describes the design and method of distribution of funds of the Riverfront Community Development Bond Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §13083-T
PUBLIC HEARING: July 28, 2008, 1:00 p.m., Lecture Hall, Augusta City Hall, 16 Cony Street, Augusta, Maine 04330
DEADLINE FOR COMMENTS: August 8, 2008 at 4:00 p.m.
AGENCY CONTACT PERSON: Michael D. Baran, Acting Director, OCD, Department of Economic and Community Development, Office of Community Development, 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9816
E-MAIL: mike.baran@maine.gov


ADOPTIONS



AGENCY: Joint rule promulgated by:
02-029 - Bureau of Financial Institutions; and
02-030 - Bureau of Consumer Credit Protection
CHAPTER NUMBER AND TITLE:
Ch. 145, Bureau of Financial Institutions
Ch. 600, Bureau of Consumer Credit Protection
Title: Student Loans
ADOPTED RULE NUMBER: 2008-274 and 275
CONCISE SUMMARY:
1. This Rule allows subject lenders to provide to student borrowers loans that provide for a schedule of payments of principal and/or interest pursuant to which payments are not substantially equal to all other payments or pursuant to which the intervals between consecutive payments differ substantially. This Rule also allows subject lenders to provide to student borrowers loans that provide for the deferral of periodic payments and the accrual of interest and costs during the deferral period.
2. This Rule is promulgated jointly by the Bureau of Financial Institutions and the Bureau of Consumer Credit Protection because it pertains to financial institutions authorized to do business in this State as defined by Title 9-B §131(17-A), credit unions authorized to do business in this State as defined by Title 9-B §131(12-A), and supervised lenders, as defined in Title 9-A §1-301(39). This Rule only pertains to loans provided to student borrowers by subject lenders
EFFECTIVE DATE: July 7, 2008
CONTACT PERSON: Christian D. Van Dyck, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8574
E-MAIL: christian.d.vandyck@maine.gov



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. #243E: Community Spouse Minimum Standard and Shelter Allowance; HIV Waiver Limited Benefits Premiums-2008; Awaiting Placement for Residential Care Rates; and Spousal Living Allowance
ADOPTED RULE NUMBER: 2008-276
CONCISE SUMMARY: For Nursing Facility Residents: The minimum amount of monthly income that can be spent to the community spouse and the excess shelter allowance are increasing. This results in the community spouse having more monthly income to pay for basic expenses for food, housing, heat, etc.
The HIV Limited Benefits premiums are updated annually to comply with the Waiver agreement between DHHS and CMS.
Chart III (h)-Awaiting Placement for Residential Care is updated with amounts determined by the Office of MaineCare Services.
The maximum Spousal Living Allowance to the spouses of MaineCare-covered residents of Cost reimbursed Boarding Homes, Adult Family Care homes, and Residential Care Facilities is updated annually.
This rule is not expected to have any adverse impact on small business.
EFFECTIVE DATE: July 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
E-MAIL: bethany.hamm@maine.gov



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 2, Adult Family Care Home Services
ADOPTED RULE NUMBER: 2008-277
CONCISE SUMMARY: The Department has determined that the immediate adoption of these rules is necessary to avoid an immediate threat to public health, safety or general welfare. Emergency adoption of this rule will assure access to Adult Family Care Home services for MaineCare members who otherwise may require immediate placement in an institutional setting in order to receive medically necessary services.
These emergency rules will increase the limit of reimbursable beds in an Adult Family Care Home from six to eight beds. This rule will also add an additional type of licensure that Adult Family Care Homes may have in order to be reimbursed appropriately when the facility has more than six beds. Currently Adult Family Care Homes must be licensed as an Assisted Housing Program: Level III Residential Care Facility. Those facilities with more than six beds will require licensure as an Assisted Housing Program: Level IV Residential Care Facility.
These emergency rules will remain in effect for ninety days. The Department will permanently adopt these changes through a proposed rulemaking, and will hold a public hearing as part of that separate rulemaking.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2008 – September 28, 2008
CONTACT PERSON: Patricia Dushuttle, Manager, Division of Policy, Office of MaineCare Services, State of Maine – DHHS, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
E-MAIL: Patricia.Dushuttle@maine.gov



AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 163, The Administration of the Maine Single State Registration System for Interstate Commerce Commission Certificated Carriers of Property and Passengers
ADOPTED RULE NUMBER: 2008-278
CONCISE SUMMARY: This rule is being repealed because Maine’s participation in the Single State Registration System (SSRS) pursuant to 29-A MRSA §551-5 ended when the Single State Registration System was repealed by 49 U.S.C. 4305(a), effective January 1, 2007.
EFFECTIVE DATE: July 7, 2008
AGENCY CONTACT PERSON: Francis Fox, Bureau of Motor Vehicles – Motor Carrier Services, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9056
E-MAIL: francis.fox@maine.gov



AGENCY: 12-179 - Department of Labor, Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 1, Procedural Rules
ADOPTED RULE NUMBER: 2008-279
CONCISE SUMMARY: The chapter describes the Occupational Safety and Health Board Procedural Rules for notices, hearings, records, subpoena powers, decisions, officers and rulings.
CHAPTER NUMBER AND TITLE: Ch. 2, Occupational Safety and Health Standards for General Employment in the Public Sector
ADOPTED RULE NUMBER: 2008-280
CONCISE SUMMARY: The purpose of this chapter is to incorporate by reference rules governing occupational safety and health in general employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CPR Part 1910 as most recently amended as of July 23, 2007.
CHAPTER NUMBER AND TITLE: Ch. 3, Occupational Safety and Health Standards for Construction Employment in the Public Sector
ADOPTED RULE NUMBER: 2008-281
CONCISE SUMMARY: The purpose of this chapter is to incorporate by reference rules governing occupational safety and health in construction employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CPR Part 1926 as most recently amended as of July 5, 2006.
EFFECTIVE DATE: July 7, 2008
AGENCY CONTACT PERSON: William A. Peabody, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 623-7931
E-MAIL: william.a.peabody@maine.gov



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.03, Expanded Archery Deer Hunting
ADOPTED RULE NUMBER: 2008-282
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule amending the Expanded Archery Deer Hunting Season by designating a new area within the Camden, Owl's Head, Rockland, Rockport and Thomaston area that is open to hunting during the expanded archery deer hunting season.
EFFECTIVE DATE: July 8, 2008
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov