Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Newspaper Notices > August 20, 2008

August 20, 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: 12-179 - Department of Labor, Board of Occupational Safety and Health
RULE TITLE OR SUBJECT: Ch. 5, Occupational Safety and Health Standards for Public Safety Diving
PROPOSED RULE NUMBER: 2008-P194
CONCISE SUMMARY: These rules establish standards and procedures to public safety divers from the hazards of diving.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §565
PUBLIC HEARING: September 9, 2008, 9:00 a.m., Central Maine Commerce Center, Florian Hall, 45 Commerce Drive, Augusta, ME 04330
DEADLINE FOR COMMENTS: September 19, 2008
AGENCY CONTACT PERSON: William Peabody, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 623-7925
E-MAIL: william.a.peabody@maine.gov



AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 12, Rules Governing the Sale of Records and Databases Related to Driver History, Driver Licenses and Motor Vehicles.
PROPOSED RULE NUMBER: 2008-P195
CONCISE SUMMARY: This amendment clarifies that a report of no record found is assessed the same fee as a record and establishes fees for source document records.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §§ 153, 251 and 252
PUBLIC HEARING\: September 11, 2008, 9:00 a.m. to 10:00 a.m., Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME 04333, 1st floor large hearings room.
DEADLINE FOR COMMENTS: October 14, 2008
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr.
AGENCY NAME: Department of the Secretary of State, Bureau of Motor Vehicles, 101 Hospital Street, 29 Statehouse Station, Augusta, Maine 04330-0029
E-MAIL ADDRESS: Robert.O'Connell@maine.gov



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 803, Withholding Tax Reports and Payments
PROPOSED RULE NUMBER: 2008-P196
CONCISE SUMMARY: Rule 803 provides comprehensive definitions and explanations of statutory terms and procedures for filing a withholding tax reports and making payments. Particularly, the proposed Rule clarifies wage methods of withholding, use of electronic W-4ME forms and withholding of wages paid to Maine residents working outside of Maine. In addition, the proposed rule eliminates unnecessary citations and makes other minor editing changes.
STATUTORY AUTHORITY: Title 36 MRSA §112
RULE TITLE OR SUBJECT: Ch. 805, Composite Filing
PROPOSED RULE NUMBER: 2008-P197
CONCISE SUMMARY: Rule 805 provides comprehensive definitions and explanations of statutory terms and procedures for filing composite returns of income by pass-through entities. Specifically, the proposed Rule clarifies the requirements for participation by certain taxpayers, including ESBTs and QSSTs, in the composite filing of returns. Additionally, the proposed rule more clearly explains what returns are required of tiered entity structures.
STATUTORY AUTHORITY: Title 36 MRSA §§ 112, 5192(5)
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled at this time
DEADLINE FOR COMMENTS: September 24, 2008
AGENCY CONTACT PERSON: John W. Sagaser, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536
E-MAIL: John.W.Sagaser@maine.gov



AGENCY: 02-373 - Department of Professional and Financial Regulation, Board of Licensure in Medicine
RULE TITLE OR SUBJECT: Ch. 1, Rules for Regulating Physician Licensing
PROPOSED RULE NUMBER: 2008-P198
CONCISE SUMMARY: Ch. 1 rules clarify the statute for licensure and describe the requirements established by the Board of Licensure in Medicine for licensing and renewing the licenses of medical doctors. The proposed changes noted in Ch. 1 define a license limited to practice of administrative medicine as well as define the qualifications for that license. In addition, Ch. 1 updates the rules to conform to statutory changes, differentiates between limited license to practice administrative medicine and clinical medicine, and makes minor clarifications and/or editorial changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §§ 3269(3), 3269(7), 3271(6), and 10 MRSA §8003(5)(C)(5).
PUBLIC HEARING): No hearing planned.
DEADLINE FOR COMMENTS: September 20, 2008
AGENCY CONTACT PERSON: Jean M. Greenwood, Administrative Assistant, Board of Licensure in Medicine, (mailing) 137 State House Station, (physical address: 161 Capitol Street), Augusta, ME 04333-0137
TELEPHONE: (207) 287-3603
E-MAIL: jean.m.greenwood@maine.gov



AGENCY: 02-313 - Board of Dental Examiners
RULE TITLE OR SUBJECT: Ch. 1, Definitions
PROPOSED RULE NUMBER: 2008-P199
CONCISE SUMMARY: Ch. 1 will be amended by adding the definition of “Teledentistry” (the practice of dentistry at a distance by any electronic means).
STATUTORY AUTHORITY: 32 MRSA §§ 1073 (2), 1094, 1095, 1100-A, 1100-B, 1100-I
RULE TITLE OR SUBJECT: Ch. 2, Rules Relating to Dental Hygienists
PROPOSED RULE NUMBER: 2008-P200
CONCISE SUMMARY: Ch. 2 will be amended to specify who is to decide which patients receive nitrous oxide, how often nitrous oxide equipment needs to be calibrated, and requires documentation of the patient’s condition prior to his/her discharge.
STATUTORY AUTHORITY: 32 MRSA §§ 1073 (2), 1079 (2), 1095, 1098-E, 1100-A
RULE TITLE OR SUBJECT: Ch. 3, Rules Relating to Dental Assistants
PROPOSED RULE NUMBER: 2008-P201
CONCISE SUMMARY: Ch. 3 will be amended by specifying the grade required to pass the jurisprudence examination for an EFDA certificate, and to allow a dentist to permit an EFDA to use a high-speed hand piece to contour or finish newly-placed composite materials.
STATUTORY AUTHORITY: 32 MRSA §§ 1073 (2), 1094-D, 1094-E, 1094-F, 1094-G, 1094-H, 1100-A, 1100-I – 1100-R
RULE TITLE OR SUBJECT: Ch. 5, Requirements for Licensure as a Denturist
PROPOSED RULE NUMBER: 2008-P202
CONCISE SUMMARY:
Ch. 5 will be amended by removing references to an accrediting body for post-secondary denturist education, specifying the grade required to pass the denturist Jurisprudence Examination, and delineating the requirements for licensure, requirements for reinstating a license and for re-entering the profession of Denturism.
STATUTORY AUTHORITY: 32 MRSA §§ 1073 (2), 1078, 1100-A, 1100-C, 1100-D, 1100-E
RULE TITLE OR SUBJECT: Ch. 6, Rules for Approved Radiation Barriers
PROPOSED RULE NUMBER: 2008-P203
CONCISE SUMMARY: Ch. 6 will be amended to delete references all to “ADAapproved” radiation barriers, since there is no agency that approves them.
STATUTORY AUTHORITY: 32 MRSA §§ 1073 (2), 1100-A, 1100-P
RULE TITLE OR SUBJECT: Ch. 7, Licensing/Certification/Late Fees
PROPOSED RULE NUMBER: 2008-P204
CONCISE SUMMARY: Ch. 7 will be amended to include the fees for all categories of licenses, certifications, and permits issued by the Board, including late fees and reinstatement fees. It also provides the Board with the ability to waive a fee or fees for good cause.
STATUTORY AUTHORITY: 32 MRSA §§ 1061, 1073 (2), 1084, 1085, 1086, 1087, 1089, 1094-G, 1094-H, 1094-J, 1094-L, 1094-O, 1095, 1098, 1099, 1100-E, 1100-I – 1100-P
RULE TITLE OR SUBJECT: Ch. 9, Complaints/Investigations/Unprofessional Conduct
PROPOSED RULE NUMBER: 2008-P205
CONCISE SUMMARY: Ch. 9 will be amended to remove any reference to “ADA approved”, clarify that all licenses; permits; and/or certificates must be publicly displayed, and specifically add violations of applicable standards of care to the definition of “unprofessional conduct.”
STATUTORY AUTHORITY: 32 MRSA §§ 1073 (2), 1073 (3), 1077, 1092
RULE TITLE OR SUBJECT: Ch. 10, Licensure Requirements for Dental Radiographers
PROPOSED RULE NUMBER: 2008-P206
CONCISE SUMMARY: Ch. 10 will be amended to specify the grade needed to pass the dental radiographer Jurisprudence Examination. The amendments will also specify the requirements for reinstatement of a dental radiography license.
STATUTORY AUTHORITY: 32 MRSA §§ 1073 and 1100-P
RULE TITLE OR SUBJECT: Ch. 11, Requirements for Licensure as Dental Hygienists
PROPOSED RULE NUMBER: 2008-P207
CONCISE SUMMARY: Ch. 11 will be amended to include the requirements for licensure when re-entering the profession, the ability for the Board or Sub-Committee to waive an interview, the requirement that the applicant must provide proof of CPR certification, to specify the passing grade for the dental hygiene Jurisprudence examination, and insert references as needed to the Subcommittee on Dental Hygienists.
STATUTORY AUTHORITY: 32 MRSA §§ 1073 (2), 1096, 1099
RULE TITLE OR SUBJECT: Ch. 12, Requirements for Dental Licensure
PROPOSED RULE NUMBER: 2008-P208
CONCISE SUMMARY: Ch. 12 will be amended to include the requirements for licensure when re-entering the profession, the ability for the Board to waive an interview, and to specify the passing grade of the dentist Jurisprudence Examination.
STATUTORY AUTHORITY: 32 MRSA §§ 1073 (2), 1082, 1083, 1085
RULE TITLE OR SUBJECT: Ch. 13, Continuing Education
PROPOSED RULE NUMBER: 2008-P209
CONCISE SUMMARY: Ch. 13 will be amended to clarify the amount of credits that can be claimed for dental post-graduate training, and add continuing education requirements for an Independent Practice Dental Hygienist.
STATUTORY AUTHORITY: 32 MRSA §§ 1073 (2), 1084-A, 1094-H, 1094-P, 1098-B, 1100-A, 1100-C, 1100-E1, 1100-P; 10 MRSA § 8003(5)
RULE TITLE OR SUBJECT: Ch. 14, Rules for use of Sedation and General Anesthesia by Dentists
PROPOSED RULE NUMBER: 2008-P210
CONCISE SUMMARY: Ch. 14 will be amended to update the rule to conform with recent developments regarding Minimal, Moderate, and Deep Sedation and General Anesthesia. All previous language will be replaced with the attached proposed language.
STATUTORY AUTHORITY: 32 MRSA §§ 1073 (2) and 1089
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: September 12, 2008 beginning at 9:00 a.m., Board of Medicine Conference Room, 161 Capitol Street, Augusta, Maine
DEADLINE FOR COMMENTS: October 9, 2008
AGENCY CONTACT PERSON: Teneale E. Johnson, Executive Secretary, Board of Dental Examiners, 143 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3333
E-MAIL: teneale.e.johnson@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 35, Hearing Aids & Services and Allowances for Hearing Aid Services.
PROPOSED RULE NUMBER: 2008-P211
CONCISE SUMMARY: The Department has proposed changes to this section to adjust the policy to reflect the current practice of only allowing providers to bill for members under the age of 21 under this section. Other proposed changes to this section of policy are being made to eliminate the use of local codes and provide alternate codes to replace them. Due to these required code changes, prior authorization language is being updated. This rule is not expected to fiscally impact or create new recording burdens for any small businesses and is not expected to yield new costs for municipal or county governments.
See http://www.maine.gov/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42(l) and §3173.
PUBLIC HEARING: September 8, 2008, 10 a.m.-12 noon, Conference Room #2, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below no later than August 25, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 18, 2008.
AGENCY CONTACT PERSON: Darrell S. Wood, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-6348
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: darrell.s.wood@maine.gov



AGENCY: 06-096 - Maine Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 342, Significant Groundwater Wells
PROPOSED RULE NUMBER: 2008-P212
CONCISE SUMMARY: The proposed chapter describes the fee structure for funding contracts with third party environmental professionals who provide supplemental technical review and assessment of monitoring information related to significant groundwater wells, as required by PL 2007, ch. 399(15).
This chapter also addresses public information, pre-application and pre-submission meeting requirements associated with an application for a Natural Resources Protection Act permit for a significant groundwater well. This chapter is a routine technical rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 2007, ch. 399, Sections 14 and 15; and 38 MRSA §341-D(1-B).
PUBLIC HEARING: A public hearing is not planned. A request for a hearing must be in writing, directed to the agency contact person listed below, and received by the comment deadline below.
DEADLINE FOR COMMENTS: September 19, 2008 at 5:00 p.m. Comments may be submitted by mail, e-mail or fax to the contact person listed below. To ensure the comments are considered, they must include your name and the organization you represent, if any. A copy of the rule is available upon request from the contact below, and on the web at:
http://www.maine.gov/dep/blwq/rule.htm
A copy of the small business economic impact statement may be obtained from the contact below.
AGENCY CONTACT PERSON: HettyRichardson, Maine Department of Environmental Protection, 17 State House Station Augusta, Maine 04333-0017
FAX: (207) 287-7826
TELEPHONE: (207) 287-7799
E-MAIL: Hetty.L.Richardson@maine.gov


ADOPTIONS



AGENCY: 17-229 - Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 103, Rule for the Sensible Transportation Policy Act
ADOPTED RULE NUMBER: 2008-351
CONCISE SUMMARY: This rule for the Sensible Transportation Policy Act repeals and replaces the previous rule to comply with amendments of the 121st and 123rd Maine Legislature to adopt a rule that establishes linkage between transportation and land use planning (Title 30-A, Ch. 187, subchapter 2), and that provides incentives for communities that adopt and implement land use plans that minimize over-reliance on the state highway network.
EFFECTIVE DATE: September 10, 2008
AGENCY CONTACT PERSON: Gerry Audibert, Maine Department of Transportation, Bureau of Transportation Systems Planning, 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: (207) 624-3315
E-MAIL: gerry.audibert@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs (being moved from 10-149)
CHAPTER NUMBER AND TITLE: Ch. 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs: Assisted Living Programs; Level I, II, III, and IV, Residential Care Facilities; and Level I, II, III, and IV Private Non-Medical Institutions
ADOPTED RULE NUMBER: 2008-352
CONCISE SUMMARY. Adopted amendments. Public Law 07, Chapter 324(5), (6), (7), and (11) mandated routine technical changes to 10-149 C.M.R. Ch. 113. To comply with this law, sections 3 and 4 within each of the 9 rules contained in Chapter 113 have been amended as follows:
[1] Adds ‘operating without a license’ provisions, see Sections 3.2, 4.11 [in Assisted Living Programs, Level I, II, III, and IV Residential Care Facilities] and Section 4.12 [in Level I, II, III, and IV Private Non- Medical Institutions].
[2] Amends ‘right of entry’ provisions, Section 3.18.
[3] Adds a ‘confidential information’ provision, Section 3.32.
[4] Amends ‘financial penalties’ provisions, Section 4.8.6
The rules include various technical, non-substantive changes relating to section numbering, intra-Departmental agency name changes, spelling, and usage. To comply with 5 MRSA §8052(8), a ‘statutory history’ page is included as the last page of each of the 9 rules contained in the Regulations Governing the Licensing and Functioning of Assisted Housing Programs.
ECONOMIC IMPACT ON SMALL BUSINESSES. [Applies to businesses with 20 or fewer employees.] DHHS has determined that the proposed amended licensing rules implementing legislatively mandated requirements (explained above) can be performed within provider resources and no economic impact statement is required.
EFFECTIVE DATE: August 20, 2008
AGENCY CONTACT PERSON: Catherine M. Cobb, Director, Division of Licensing and Regulatory Services, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2979. Toll free 1 (800) 791-4080
TOLL FREE TDD: 1 (800) 606-0215
FAX: 1 (207) 287-5807
E-MAIL: Catherine.Cobb@maine.gov