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Home > Weekly Newspaper Notices > August 6, 2008

August 6, 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: 01-017 - Maine State Harness Racing Commission
RULE TITLE OR SUBJECT: Ch. 11, Medication and Testing: Section 5, Prohibited Practices
PROPOSED RULE NUMBER: 2008-P181
CONCISE SUMMARY: This new paragraph will regulate the use of shock wave treatment on horses racing in Maine.
RULE TITLE OR SUBJECT: Ch. 19, Protests, Appeals and Race Date Assignment Hearings: Section 2, Protests
PROPOSED RULE NUMBER: 2008-P182
CONCISE SUMMARY: This proposed rule will bring this section into compliance with the newly adopted definition of “Protest”.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA §§ 263-A, 268, 275-C, 279-A and B
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: September 5, 2008
AGENCY CONTACT PERSON: Henry W. Jackson, Executive Director, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221
E-MAIL: henry.jackson@maine.gov



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance & Regulations
RULE TITLE OR SUBJECT:
Ch. 330 (New), License Fees to Manufacture and Sell Food & Beverages
Ch. 341, Bakeries
Ch. 342, Cider and Apple Juice
Ch. 343, Food Processing and Manufacturing
Ch. 344, Food Storage Warehouses
Ch. 345, Home Food Manufacturing
Ch. 347, Maple Syrup Processing
Ch. 357, Food Salvage
PROPOSED RULE NUMBER: 2008-P183 through P190
CONCISE SUMMARY: Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance & Regulations has proposed a new rule CMR 330, License Fees to Manufacture and Sell Food & Beverages. The Department of Agriculture's Division of Quality Assurance & Regulations and Department of Human Services have finalized a memorandum of agreement (MOA) to clarify, which Agency will license and inspect retail and food establishments in the event of a conflict. The MOA will harmonize the license fees between Agencies for comparable licenses. The license fees have increased as follows: Each Application for, or renewal of, a license to operate a food establishment must be accompanied by a fee, based on the number of employees as follows, these fees have increased: (1) Retail and Food Establishment, 0 to 10 Employees $10 to $20; 11 to 25 Employees $30 to $50; 26 or more Employees $100 to $150 (2) Food Storage Warehouses 0 to 10 Employees $10 to $20; 11 to 25 Employees $30 to $50; 26 or more $100 to $150 (3) Bakery 0 to 10 Employees $10 to $20; 11 to 25 Employees $30 to $50; 26 or more $100 to $150 (4) Mobile Vendor 0 to 10 Employees $10 to $20; 11 to 25 Employees $30 to $50; 26 or more $100 to $150 (5) Food Processing and Manufacturing $30 to $50 (6) Commercial Bakery $30 to $50 (7) Home Food Processor $10 to $20 (8) Food Salvage 0 to 5 Employees $15 to $30; 6 or more $30 to $50 (9) Cider/Apple Juice License 0 to 10 Employees $10 to $20; 11 to 25 Employees $30 to $50; 26 or more $100 to $150 (10) Beverage Plant License 0 to 5 Employees $50 to $75; 6 or more employees $100 to $150; (11) Maple Syrup Producer less than 15 gal production $1 to $2; more than 15 gal production $15 to $25.
The License fee sections in the following Chapters have been amended in each individual rule; 341 Bakeries, 342 Cider and Apple Juice, 343 Food Processing and Manufacturing, 344 Food Storage Warehouses, 345 Home Food Manufacturing, 347 Maple Syrup Processing & 357 Food Salvage.  Each amendment will replace the set fees with the following terms:  “Applications shall be accompanied by the appropriate fee as enumerated in Chapter 330”.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §2168, 5, as amended by the 123rd Legislature, P.L. 539, 2167, 2514, sub-§5.
PUBLIC HEARING: A public hearing will be held on Monday, August 25, 2008, at 9:30 a.m. in the North Wing, First Floor at the Augusta Civic Center, 79 Community Drive, Augusta, Maine.
DEADLINE FOR COMMENTS: September 4, 2008
AGENCY CONTACT PERSON: Hal Prince, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841
E-MAIL: hal.prince@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. II Section 97, Private Non-Medical Institutions
ADOPTED RULE NUMBER: 2008-331
CONCISE SUMMARY: The Department has determined that the immediate adoption of these rules is necessary to comply with legislative requirements and federal Medicaid rules. In this rulemaking, the Department is eliminating language about bedhold days. The Department will permanently adopt these changes in a proposed rulemaking, and a public hearing will be held as part of that separate rulemaking.
These rules are deemed emergency given the budget short falls and are intended to achieve a savings of $2,000,000.00 in the general fund for SFY 08-09. These emergency rules will remain in effect for ninety (90) days while the Department proposes rules in a separate rulemaking to permanently adopt these emergency rules.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: August 1, 2008 – October 29, 2008
AGENCY CONTACT PERSON: Patricia Dushuttle, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
E-MAIL: patricia.dushuttle@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: EMERGENCY RULE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 65, Behavioral Health Services
ADOPTED RULE NUMBER: 2008-332
CONCISE SUMMARY: This emergency rule replaces Ch. III of the emergency rulemaking the Department filed on July 17, 2008. This Ch. III changes four procedure codes to “BY REPORT” to correct errors in the rate published in the earlier rulemaking. The codes that should be listed as “By Report” are H2011, H0018, S9482, and ZNC16. Providers may discard the first published Ch. III and replace it with this Ch. III. The Department will hold a public hearing as part of the rulemaking that proposes to permanently adopt these emergency rules along with Ch. II of the first rulemaking. P. L. 2007, ch. 539, Part JJJ authorizes the Department to file these emergency rules.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: August 1, 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: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: EMERGENCY RULES: Ch. 115, Principles of Reimbursement for Residential Care Facilities - Room and Board Costs
ADOPTED RULE NUMBER: 2008-333
CONCISE SUMMARY: The Department has determined that the immediate adoption of these rules is necessary to comply with legislative requirements and federal Medicaid rules. This emergency rule removes language in Ch. 115, Principles of Reimbursement for Residential Care Facilities - Room and Board Costs that currently only allows bedhold hold reimbursement when an associated PNMI treatment cost has also been billed under MaineCare. In a separate rulemaking, the Department has eliminated reimbursement for Private Non-Medical Institution (PNMI) bedhold days for those days reimbursed by the MaineCare program. Providers billing for PNMI services under Appendices C and F will still be able to bill up to thirty (30) bedhold days per calendar year when a member is absent from the facility. The codes used for this billing continue to be reimbursed with the billing codes “BL” and “MRBL.” This will allow for continued reimbursement of some routine fixed costs that are not eliminated when the member is temporarily absent from the facility. These funds are reimbursed by all state dollars, and are not matched with reimbursement from the federal Medicaid program. This rulemaking will remain in effect for ninety days while the Department promulgates rules to permanently adopt this initiative.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: August 1, 2008 – October 29, 2008
AGENCY CONTACT PERSON: Patricia Dushuttle, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
E-MAIL: patricia.dushuttle@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. III Section 97, Private Non-Medical Institutions, and Appendices B, D, E, and F.
ADOPTED RULE NUMBER: 2008-334
CONCISE SUMMARY: The Department has determined that the immediate adoption of these rules is necessary to comply with legislative requirements and federal Medicaid rules. In this rulemaking, the Department is eliminating language about and codes for bedhold days. The Department will permanently adopt these changes in a proposed rulemaking, and a public hearing will be held as part of that separate rulemaking.
Bedhold day codes will be eliminated from Ch. III, including BQL, BRL, MRPL, RHL RHL9, RML RML2, RTSL, and PL. Some language regarding occupancy rates is also eliminated from Appendices B, D, E, and F.
This rule has no impact on small businesses, counties or municipalities. This rule making expects to yield a net cost savings of $2,000,000.00 for SFY 08-09.
AGENCY CONTACT PERSON: Patricia Dushuttle, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: August 1, 2008
E-MAIL: patricia.dushuttle@maine.gov



AGENCY: 65-625 - Public Utilities Commission, Emergency Services Communications Bureau
CHAPTER NUMBER AND TITLE: Ch. 3, Provision of Enhanced E9-1-1 Accessonly Service
ADOPTED RULE NUMBER: 2008-335
CONCISE SUMMARY: Ch. 3 establishes requirements for E9-1-1 access-only provisioning by local exchange carriers in Maine, so-called "soft dialtone."
EFFECTIVE DATE: October 1, 2008
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18 Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831
WEBSITE: http://www.maine.gov/mpuc/doing_business/rules/tocrules.htm
E-MAIL: paula.cyr@maine.gov



AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE:
Ch. 115, Major and Minor Source Air Emission License Regulation, and
Ch. 149, General Permit Regulation for Nonmetallic Mineral Processing Plants
ADOPTED RULE NUMBER: 2008-336 and 337
CONCISE SUMMARY: The Board Environmental Protection adopted 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 was 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/recentlyadopted.htm.
EFFECTIVE DATE: August 4, 2008
AGENCY CONTACT PERSON: Carolyn Wheeler, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437
E-MAIL: carolyn.wheeler@maine.gov



AGENCY: 06-096 - Board of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 900, Biomedical Waste Management Rules
ADOPTED RULE NUMBER: 2008-338
CONCISE SUMMARY: The Board of Environmental Protection has adopted amendments to Ch. 900 of its rules. Ch. 900 identifies biomedical waste subject to regulation, requires the registration of biomedical waste generators and establishes packaging, labeling, handling, storage, transportation and treatment requirements. The Board adopted amendments eliminating outdated incineration standards, eliminated all references to biomedical waste disposal, adopted an annual registration fee for all generators, adopted the Department’s rules for processing applications by reference and adopted a provision to allow properly packaged sharps to be mailed via the U. S. Postal Service to a licensed treatment facility.
EFFECTIVE DATE: August 4, 2008
AGENCY CONTACT PERSON: Scott Austin, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7854
E-MAIL: scott.austin@maine.gov