Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Newspaper Notices > August 13, 2008

August 13, 2008

As posted in 5 daily Maine newspapers

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:


AGENCY: 05-071 - Department of Education – State Board of Education
RULE TITLE OR SUBJECT: Ch. 61, State Board of Education Rules for Major Capital School Construction Projects
A FULL PROPOSAL NOTICE FOR THIS RULE WAS PUBLISHED ON JULY 30, 2008. You can view this notice at The public hearing at Bangor High School via video conferencing (ATM) has been changed to the Bangor Public Library.
PUBLIC HEARING: Monday, August 18, 2008, 9:00-10:00 a.m., Room 103-A of the Cross Office Building, 111 Sewall Street, Augusta, Maine. The public hearing will also be available via ATM at the following locations:
Central Aroostook Jr./Sr. High School ATM Studio, Mars Hill, Maine
Bangor Public Library ATM Studio, Bangor, Maine (changed from Bangor High School)
Morse High School ATM Studio, Bath, Maine
FOR FURTHER INFORMATION: contact Jaci Holmes (207) 624-6669 or e-mail: Jaci.Holmes@Maine.Gov

AGENCY: 10-149 - Department of Health and Human Services, Office of Elder Services
CHAPTER NUMBER AND TITLE: Ch. 5, Office of Elder Services Policy Manual:
Section 68, Respite Care for People with Alzheimer’s or Related Disorders; and
Section 69, Office of Elder Services Independent Support Services, formerly Office of Elder Services Homemaker Program
CONCISE SUMMARY: The Office of Elder Services proposes the following amendments:
Section 68, Respite Care Services for Adults with Alzheimer’s Disease or Related Disorders
* Adds a definition of Caregiver and clarifies the definition of Respite Care services.
* Clarifies that Respite Care services provided in an institutional setting may not exceed fourteen days for the fiscal year.
* Addresses transition issues for consumers moving between this program and certain MaineCare benefits or State- funded home based care programs.
* Removes suspension as a reason for termination of program eligibility.
* Changes language regarding the amount of funds that may be used to meet federal match requirements for the National Family Caregiver Support Program.
* Adds language clarifying that consumers will continue to be eligible from one fiscal year to the next within allowable spending caps without the need to reapply every fiscal year.
* Clarifies requirements regarding contents of consumer records.
* Deletes language regarding requests for proposals from program language.
Section 69, Office of Elder Services Independent Support Services, formerly Homemaker Program
* Changes the name of the program from Homemaker Program to Independent Support Services (ISS).
* Includes language throughout that allows the Independent Support Services Agency (ISS Agency), formerly known as the Homemaker Agency, to conduct reassessments for continued eligibility for ISS services.
* Clarifies that ISS services may not duplicate other services available to a consumer from informal or formal supports.
* For the self-directed option, adds requirements for timely submission of documentation and requires that a worker be at least seventeen years old.
* Adds language allowing for termination of the self-directed option if a consumer fails to hire an ISS worker within 90 days of training if agency staffing is available.
* Provides ISS eligibility for adults at risk of abuse, neglect and exploitation who are clients of the Office of Elder Services’ Adult Protective Services Program.
* Reduces the program cap from a maximum of 10 hours monthly to 8 hours monthly and clarifies that cap may be adjusted upward or downward based on projected utilization of funds.
* Provides a limit on service for two eligible individuals residing in the same household.
* Adds as a reason for termination from the program that an individual is not routinely present for scheduled service visits.
* Clarifies that consumers may be terminated from the program for failure to pay co-payment within 30 days of receipt of co-pay.
* Addresses transition issues for consumers moving between this program and certain MaineCare benefits and the State-funded home based care program.
* Clarifies that the ISS Agency may take into consideration a consumer’s geographic location as it relates to efficiencies in service delivery for scheduling purposes.
* Clarifies the waitlist language to address the establishment of a waitlist for assessments; a waitlist for ISS services; and the obligations of the ISS Agency to review the waitlist for accuracy.
* Provides that consumers transitioning from certain MaineCare or State funded long-term care programs from a higher level of care to the ISS program shall be exempt from waitlist requirements unless otherwise directed by OES.
PUBLIC HEARING: Tuesday September 2, 2008 at 10:00 a.m., SETU Room, DHHS Bldg., 442 Civic Center Drive, Augusta
DEADLINE FOR COMMENTS: Friday September 12, 2008 at 5:00 p.m.
AGENCY CONTACT PERSON: Elizabeth Gattine, Office of Elder Services, #11 State House Station (442 Civic Center Drive), Augusta, ME 04333-0011
TELEPHONE: (207) 287-9200 or 1 (800) 262-2232
TTY:(207) 287-9234 or 1 (888) 720-1925

AGENCY: 01-107 - Maine State Harness Racing Commission
RULE TITLE OR SUBJECT: Ch. 1, Administration: Section 10, Licensing Participants, Sub-section 1-A, Financial Responsibility
CONCISE SUMMARY: This rule allows the Commission to require individuals to provide evidence to exhibit his/her ability to maintain financial responsibility. Also, it allows the Commission to take action against an individual if he/she exhibits financial irresponsibility.
STATUTORY AUTHORITY: 8 MRSA §§ 263-A, 268, 275-C, 279-A and B
DEADLINE FOR COMMENTS: September 12, 2008
AGENCY CONTACT PERSON: Henry W. Jackson, Executive Director, Maine State Harness Racing Commission, 28 State House Station Augusta, ME 043330028
TELEPHONE: (207) 287-3221

AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Ch. 10, Land Use Districts and Standards, Wind Power Development
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”.
* Identify “expedited wind energy development” as a permitted use in all Commission zoning subdistricts.
The Commission earlier sought public comment on this rule change but has since determined that a broader reading of Public Law 2008, Ch. 661, would indicate that the legislative intent was to allow any wind energy development as a permitted use in all Commission zoning subdistricts – not just “expedited” wind energy development which is defined as “grid-scale” wind energy development. The Commission is now seeking comment on this broader reading of the law as well as some clarifying language that has been incorporated into the rule change as suggested by the public during the earlier comment period.
STATUTORY AUTHORITY: 12 MRSA §§ 684; 685-A, 7-A; 685-C,5.
DEADLINE FOR COMMENTS: Friday, September 12, 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


AGENCY: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 630, Rural Medical Access Program
CONCISE SUMMARY: Rule 630 establishes assessment and premium assistance procedures for the Rural Medical Access Program, Title 24-A, Ch. 75 ("RMAP"), and standards or procedures to implement RMAP. The proposed amendments in part conform the Rule to amendments, effective 09-17-05, at 24-A MRSA §6306, concerning interest earned on assessments invested by insurers be credited to the RMAP, and at 24-A MRSA §6308, raising the maximum assistance that may be paid to eligible physicians to $15,000. In addition to these necessary amendments, the Superintendent proposed various amendments to clarify statutory definitions or to further explain the requirements and procedures of the RMAP.
EFFECTIVE DATE: August 10, 2008
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624- 8452

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. #159A: Eligibility for Iraqi and Afghani Special Immigrants and Policy Clarifications
CONCISE SUMMARY: Iraqi and Afghani special immigrants were granted Federal Food Stamp eligibility status by Federal law for a limited period as of December 26, 2007, not to exceed eight (8) months for Iraqis, and not to exceed six (6) months for Afghanis, beginning with the effective date of their special status. This rule also adopts the following policy clarifications, deletions and additions:
1. Establishes “majority of meals” as the procedure for determining household membership for individuals living together full time or part time.
2. Clarifies procedure for determining household membership for children in joint-custody situations.
3. Deletes confusing text that tied ASPIRE/JET participation with TANF work requirements to determine work registration exemptions.
4. Clarifies when to end disqualification period for individuals disqualified from Food Stamps for not complying with work requirements.
5. Clarifies procedures for determining cause of application processing delays and correct procedure for notifying applicants of their responsibilities concerning completing the application process timely.
6. Changes formatting to allow for better fit and flow of text, removes duplicate text and corrects headings on affected pages and connecting pages to this rule.
EFFECTIVE DATE: July 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

AGENCY: 06-096 - Board of Environmental Protection
CHAPTER NUMBER AND TITLE: Amendment to Ch. 1262, State-imposed Shoreland Zoning Ordinance for the Town of Steuben
CONCISE SUMMARY: This rule amends the Official Shoreland Zoning Map for the Town of Steuben by removing a portion of the Resource Protection District from lots 5 through 9 of the "Tide Mill at Dyer Harbor" on the east side of a cove off Dyer Harbor in Steuben. The area had been zoned Resource Protection because it was shown as being in the 100-year floodplain. The owner obtained a "letter of map amendment" certifying that the lots are not in the floodplain.
EFFECTIVE DATE: August 11, 2008
AGENCY CONTACT PERSON: Richard P. Baker, Department of Environmental Protection, State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7730