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Home > Weekly Newspaper Notices > October 1, 2008

October 1, 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: 05-071 - State Board of Education and the Maine Department of Education
RULE TITLE OR SUBJECT: Ch. 149, Procedures for Obtaining Authorization for Institutions of Higher Education to Confer Academic Degrees or to Offer Degree Courses / Programs in the State of Maine
PROPOSED RULE NUMBER: 2008-P247
CONCISE SUMMARY: The purpose of this rule is to clarify and update the procedures in Rule 05-071 CMR Ch. 149 which supports 20-A MRSA Ch. 409, “Degree-Granting Institution”, §§ 10701-10714. Rule 05-071 CMR Ch. 149 identifies the procedures to be followed by a postsecondary institution which seeks to offer within the boundaries of the State of Maine any course or program for which academic credit is granted or to confer within the boundaries of the State of Maine a degree at the Associate degree level or higher. This rule became effective July 6, 1980; was amended in 1981, 1984, 1988 and 1992; and underwent non-substantive corrections for typos and formatting in 2000. This rule serves to guide both in-state and out-of-state applicant postsecondary institutions as they prepare to seek State Board of Education authorization to operate in Maine. It also serves to inform State Board appointed review teams that are selected to evaluate such applications. Since the rule was last amended it is apparent that some critical clarification of detail is necessary.
The State Board of Education proposes to amend Ch. 149 in this provisional adoption to enhance the rule’s clarity by adding a definition for “physical presence”; by removing all references to “junior college”; by transferring existing language regarding the format for and the depth of topics to be addressed in an application for authorization from Rule 05-071 CMR Ch. 170 to Rule 05-071 CMR Ch. 149; and by adding three appendices to provide guidance concerning: the meaning and examples of “general education courses”, the topical areas to be addressed under “library and learning resources” and the specifics to cover when responding to “financial resources” for both initial degree-granting applicants and for applications from existing degree-granting institutions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA Ch. 409, “Degree-Granting Institution”, §§ 10701-10714.
PUBLIC HEARING: 9:00-10:00 a.m., October 20, 2008:
Room 103, ATM Studio, Cross State Office Building, 111 Sewall Street, Augusta
Bangor Public Library
South Portland High School
Presque Isle High School
DEADLINE FOR COMMENTS: 4:00 p.m., October 30, 2008
AGENCY CONTACT PERSON: Harry Osgood, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6846
E-MAIL: Harry.Osgood@Maine.gov



AGENCY: 05-071 - State Board of Education and the Maine Department of Education
RULE TITLE OR SUBJECT: Ch. 170, Standards for Evaluating Requests for Degree Authorization and for Out-of-State Postsecondary Institutions Seeking to Make Academic Credit Course Offerings in Maine
PROPOSED RULE NUMBER: 2008-P248
CONCISE SUMMARY: The purpose of this rule is to clarify and update the standards to be utilized by review committees when evaluating requests for degree authorization and for requests from out-of-state postsecondary institutions seeking to make academic credit course offerings in Maine. These standards are in Rule 05-071 CMR Ch. 170 which supports 20-A MRSA, 409 “Degree-Granting Institution” §§ 10701-10714. Chapter 170 became effective October 1, 1986; was amended July 25, 1994; and was converted to electronic format May 19, 1996. This rule establishes the standards to be met when requests are received for degree-granting authorization and for requests from out-of-state postsecondary institutions seeking to make academic credit course offerings in Maine. The rule also serves to inform State Board appointed review teams that are selected to evaluate such applications. Since the rule was last amended it has become apparent that some adjustments and clarifications are necessary.
The State Board of Education proposes to amend Ch. 170 to enhance the rule’s clarity by transferring and aligning language meant to serve as guidance regarding the format for and the depth of topics to be addressed in an application for degree-granting authority from Rule 05-071 CMR Ch. 170 to Rule 05-071 CMR Ch. 149 and by retaining and expanding upon language that clarifies how each of the degree-granting standards are to be met.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA Ch. 409, “Degree-Granting Institution”, §§ 10701-10714.
PUBLIC HEARING: 10:00-11:00 a.m., October 20, 2008:
Room 103, ATM Studio, Cross State Office Building, 111 Sewall Street, Augusta
Bangor Public Library
South Portland High School
Presque Isle High School
DEADLINE FOR COMMENTS: 4:00 p.m., October 30, 2008
AGENCY CONTACT PERSON: Harry Osgood, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6846
E-MAIL: Harry.Osgood@Maine.gov



AGENCY: 29-255 - Maine State Archives
RULE TITLE OR SUBJECT: Ch. 10, Rules for Disposition of Local Government Records
PROPOSED RULE NUMBER: 2008-P249
CONCISE SUMMARY: Adds a definition for the term “non-record”; clarifies the compliance responsibilities of quasi-municipal organizations; clarifies approved media formats for record storage; adjusts retention periods for certain records, and adds records not previously listed.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA, Chapter 6, §95-B; 30-A MRSA §1705
PUBLIC HEARING: 1 p.m., October 23, 2008, Maine State Library Conference Room, Augusta, ME
DEADLINE FOR COMMENTS: November 5, 2008
AGENCY CONTACT PERSON: Nina M. Osier, Maine State Archives, 84 State House Station, Augusta, ME 04333-0084
TELEPHONE: (207) 287-5799
E-MAIL: Nina.Osier@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. III Section 12, Personal Care Attendant Services
PROPOSED RULE NUMBER: 2008-P250
CONCISE SUMMARY: The Department proposes to delete the following Personal Care Attendant Services codes: CA22, CA22-TF, CA22-TG, CA25, CA25-TF, CA25-TG and replace them with the following Personal Attendant Services codes: S5125, S5125-TF, and S5125-TG. These new codes are billed in fifteen minute increments and conform to Federal regulations under the Health Insurance Portability and Accountability Act (HIPAA).
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA (42, (3173
PUBLIC HEARING: A 30 day comment period will replace a formal public hearing unless the Department receives at least five requests for a public hearing.
DEADLINE FOR COMMENTS: Comments must be received by midnight, October 31, 2008
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9342
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Alyssa.Morrison@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
The following is a revised Notice for Ch 11 Scallops previously published September 17, 2008 with a hearing added in Rockland and new comment deadline:
RULE TITLE OR SUBJECT: Ch. 11, Scallops:
11.09, Atlantic Sea Scallop Harvesting Season (New)
11.10(F), Atlantic Sea Scallops, Daily Possession Limit (New)
11.10(G), Atlantic Sea Scallops Harvested Seaward of Maine’s Territorial Waters (New)
11.10 (H), Closed Areas (New – contains proposed sunset August 31, 2011)
(Renumbering of entire chapter at time of adoption)
PROPOSED RULE NUMBER: 2008-P233 (2nd Notice)
CONCISE SUMMARY: The proposed amendments would establish a season to start no earlier than December 1 and end no later than March 31, not to exceed 52 days. The proposed recommended days “on” would be Monday, Tuesday, Wednesday and Saturday in the months of December, January and February. The Department is accepting comments on changes to the proposed open days provided they do not exceed 52 days, with no dates prior to December 1 and no later than March 31. The proposed rules would also match the federal daily possession limit of 200 pounds of scallop meats; and create six closed areas coastwide that would sunset after 3 seasons. A provision would also be added to clarify scallops taken by federal scallop permit holders may be landed in Maine. If adopted the numbering format for the entire chapter would be reordered for consistency throughout.
AGENCY CONTACT PERSON: Togue Brawn - (207) 624-6558)
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARINGS:
Ellsworth: October 6, 2008, 6:00 p.m., Ellsworth City Hall (Auditorium), One City Hall Plaza
Scarborough: October 8, 2008, 6:00 p.m., High School Cafeteria, Durant Drive (formerly 11 Municipal Drive), (The High School is located behind the Municipal Building located at 259 Route 1)
Machias: October 9, 2008, 6:00 p.m., UMM, Science Lecture Hall (Room 102), 9 O’Brien Ave.
Rockland: October 20, 2008, 6:00 p.m.*, State Ferry Terminal (Conf Rm), 517A Main Street
RULE TITLE OR SUBJECT: Ch. 25.93(F)(1)(b)(i), Exit Ratios for Limited Entry Zones – Zone D (5:1, based on trap tags)
PROPOSED RULE NUMBER: 2008-P251
CONCISE SUMMARY: The Department of Marine Resources proposes changes to this regulation in Chapter 25.93(F) after considering a survey of zone members and a recommendation of the Zone D Council in accordance with 12 MRSA §6448. The proposed change would reestablish the exit to entry ratio of 5:1 for Zone D based upon the number of trap tags instead of licenses in accordance with 12 MRSA §6448, sections 2,4,6,7 and 10. The survey results and this rulemaking do not impact student entry into the zone in accordance with 12 MRSA §6448, section 8(A).
RULE TITLE OR SUBJECT: Ch. 25.93(F)(1)(b)(ii), Exit Ratios for Limited Entry Zones – Zone E (5:1, based on trap tags)
PROPOSED RULE NUMBER: 2008-P252
CONCISE SUMMARY: The Department of Marine Resources proposes changes to this regulation in Ch. 25.93(F) after considering a survey of zone members and a recommendation of the Zone E Council in accordance with 12 MRSA §6448. The proposed change would reestablish the exit to entry ratio of 5:1 for Zone E based upon the number of trap tags instead of licenses in accordance with 12 MRSA §6448, sections 2,4,6,7 and 10. The survey results and this rulemaking do not impact student entry into the zone in accordance with 12 MRSA §6448, section 8(A).
PUBLIC HEARINGS: Monday, October 20, 2008, 6:00 p.m.*, State Ferry Terminal (Conf. Rm), 517A Main Street, Rockland
*Public hearings for 3 separate rulemakings will be held with each hearing to start immediately upon the conclusion of the previous hearing. The order will be Ch. 25.93 for Zone D, next Ch. 25.93 for Zone E, then the hearing on Ch. 11 Scallops. See separate rulemaking notices for rules not listed in this notice.
RULE TITLE OR SUBJECT: Ch. 25.93(F)(1)(b)(vi), Exit Ratios for Limited Entry Zones – Zone A (3:1, based on trap tags)
PROPOSED RULE NUMBER: 2008-P253
CONCISE SUMMARY: The Department of Marine Resources proposes changes to this regulation in Ch. 25.93(F) after considering a survey of zone members and a recommendation of the Zone A Council in accordance with 12 MRSA §6448. The proposed change would reestablish the exit to entry ratio of 3:1 for Zone A based upon the number of trap tags instead of licenses in accordance with 12 MRSA §6448, sections 2, 4, 6, 7 and 10. The survey results and this rulemaking do not impact student entry into the zone in accordance with 12 MRSA §6448, section 8(A).
RULE TITLE OR SUBJECT: Ch. 25.93(F)(1)(b)(v), Exit Ratios for Limited Entry Zones – Zone B (5:1, based on trap tags)
PROPOSED RULE NUMBER: 2008-P254
CONCISE SUMMARY: The Department of Marine Resources proposes changes to this regulation in Ch. 25.93(F) after considering a survey of zone members and a recommendation of the Zone B Council in accordance with 12 MRSA §6448. The proposed change would reestablish the exit to entry ratio of 5:1 for Zone B based upon the number of trap tags instead of licenses in accordance with 12 MRSA §6448, sections 2, 4, 6, 7 and 10. The survey results and this rulemaking do not impact student entry into the zone in accordance with 12 MRSA §6448, section 8(A).
PUBLIC HEARINGS: Tuesday, October 21, 2008, 6:00 p.m.**, Knights of Pythias Hall, Route One, Gouldsboro (Located on Rt. 1 between the intersections of Rt. 195 and the second intersection for Rt. 186 going east.)
**A public hearing for proposed amendments in Chapter 25.93 for Zone A will begin immediately upon conclusion of the hearing for Chapter 25.93 for Zone B (see separate rulemaking notices).
STATUTORY AUTHORITY: 12 MRSA §6448
AGENCY CONTACT PERSON: Sarah Cotnoir (tel: 207-624-6596)
HEARING FACILITIES: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR WRITTEN COMMENTS: October 31, 2008. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
MAIL WRITTEN COMMENTS TO: DMR, attn.: L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)
WEB SITE: www.maine.gov/dmr/rulemaking
E-MAIL: Laurice.Churchill@Maine.gov



AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 8, Rules For Ignition Interlock Devices\
PROPOSED RULE NUMBER: 2008-P255
CONCISE SUMMARY: This rule establishes testing, certification and installation requirements for ignition interlock devices and set out the conditions for early restoration of driver's licenses for persons convicted of a second or third OUI offense.
THIS RULE WILL NOT. HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §153
PUBLIC HEARING: October 20, 2008, 10:00 a.m. to 12:00 p.m., Bureau of Motor Vehicles, 2nd Floor Executive Conference Room, 101 Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 31, 2008
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr., Department of the Secretary of State, Bureau of Motor Vehicles, 101 Hospital Street, 29 State House Station, Augusta, Maine 04330-0029
TELEPHONE: (207) 624-9092
E-MAIL: Robert.O'Connell@Maine.gov



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 560, Publication and Posting Requirements for Rate Changes Filed by the Casco Bay Island Transit District
PROPOSED RULE NUMBER: 2008-P256
CONCISE SUMMARY: The Commission is initiating this rulemaking to create a requirement that Casco Bay Island Transit District hold a public hearing 30 days before filing changes to its rates and tolls with the Commission. Additionally, the amendment will make changes to the notice requirements for proposed rate changes of the District and will change the number of petitioners required to initiate an investigation by the Commission to bring it in to conformance with P. & S.L. 1985, ch. 481.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §5101, P. & S.L. 1981, ch 22(12); P.L. 1985, ch. 481, section 101
PUBLIC HEARING: None Scheduled
COMMENT DEADLINE: November 5, 2008
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831
E-MAIL: Paula.Cyr@Maine.gov



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 930, Solar and Wind Energy Rebate Program
PROPOSED RULE NUMBER: 2008-P257
CONCISE SUMMARY: The Commission initiates this rulemaking to revise Chapter 930 pursuant to legislation enacted during the last legislative session that established, among other things, a wind energy rebate program. Chapter 930 governs the implementation of the State’s solar energy rebate program.
THIS RULE WILL HAVE MINIMAL FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111, 1301, 3211-C
PUBLIC HEARING: October 24, 2008, 9:00 a.m., Utilities & Energy Committee Room #211, Cross Office Building, Augusta
COMMENT DEADLINE: November 3, 2008 – however, the Commission requests that comments be filed by October 21, 2008 to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing.
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta ME 04333-0018
TELEPHONE: (207) 287-3831
E-MAIL: Paula.Cyr@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 2, Adult Family Care Services
ADOPTED RULE NUMBER: 2008-449
CONCISE SUMMARY: The adopted rules permanently adopt emergency rules currently in place. This rule increases the limit of reimbursable beds in an Adult Family Care Home from six to eight beds. This rule also adds 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. Previously, Adult Family Care Homes must be licensed as an Assisted Living Program: Level III Residential Care Facility. Those facilities with more than six beds will require licensure as an Assisted Living Program: Level IV Residential Care Facility. This rule is not anticipated to have any negative economic impact on small businesses.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 30, 2008
AGENCY CONTACT PERSON: Derrick Grant, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-287-6427
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: Derrick.Grant@Maine.gov



AGENCY: 06-096 - Board of Environmental Protection
CHAPTER NUMBER AND TITLE: Amendment to Ch. 1292, State-imposed Shoreland Zoning Ordinance for the Town of Carthage
ADOPTED RULE NUMBER: 2008-450
CONCISE SUMMARY: This rule amends the Official Shoreland Zoning Map for the Town of Carthage by changing the zoning district (within 250 feet) adjacent to Podunk Pond from the Resource Protection District to the Limited Residential District.
EFFECTIVE DATE: September 28, 2008
AGENCY CONTACT PERSON: Richard P. Baker, Department of Environmental Protection, State House Station 17 Augusta, Maine 04333
TELEPHONE: (207) 287-7730
E-MAIL: Rich.P.Baker@Maine.gov



AGENCY: 10-148 – Department of Health and Human Services
CHAPTER NUMBER AND TITLE: Ch. 201, Procedures for the Abuse or Neglect Substantiation Process and for Appeals for Persons Substantiated as Perpetrators of Abuse or Neglect of Children.
ADOPTED RULE NUMBER: 2008-451
CONCISE SUMMARY: The Department 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. They set and clarify notification and appeal processes for persons substantiated by the Department for abusing or neglecting a child or children.
EFFECTIVE DATE: October 1, 2008
AGENCY CONTACT PERSON: Virginia S. Marriner, DHHS, OCFS, 2 Anthony Avenue, Augusta, ME 04333
TELEPHONE: (207) 624-7931
E-MAIL: Virginia.S.Marriner@Maine.gov



AGENCY: 29-250 - Secretary of State – Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 171, The Administration of the Unified Carrier Registration Agreement
ADOPTED RULE NUMBER: 2008-452
CONCISE SUMMARY: This chapter outlines the procedures and standards governing Maine’s participation in the Unified Carrier Registration Agreement pursuant to 29-A MRSA §551.
EFFECTIVE DATE: October 1, 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: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 103, Rules for Vehicle Dealers, Auctions, Transporters, and Loaners
ADOPTED RULE NUMBER: 2008-453
CONCISE SUMMARY: Makes revisions to the rule governing motor vehicle dealers. Specifically, the revision would clarify requirements relative to the number of dealer plates a dealer may have. Establishes requirements for dealers to keep a log of their plate assignments. Also establishes requirements for the use of the family dealer plate. Establishes guidelines for the number of dealer plates a dealer may have.
EFFECTIVE DATE: January l, 2009
AGENCY CONTACT PERSON: Garry Hinkley, Director Vehicle Services Division, Bureau of Motor Vehicles, 29 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9055
E-MAIL: Garry.Hinkley@Maine.gov



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 2, Hearing Procedures
ADOPTED RULE NUMBER: 2008-454
CONCISE SUMMARY: The Commission voted to adopt the proposed repeal of the rule as these procedures are covered under A.P.A.
EFFECTIVE DATE: September 29, 2008
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-7535
E-MAIL: Tim.Drake@Maine.gov



AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources, Division of Quality Assurance & Regulations
CHAPTER NUMBER AND TITLE: Ch. 346, Rules Governing Meat and Poultry Inspections and Licensing (Emergency)
ADOPTED RULE NUMBER: 2008-455
CONCISE SUMMARY: The changes to Ch. 346, Subsection 11, paragraph A, section 2, are necessary to avoid an immediate threat to the public health, safety and welfare of Maine consumers. These changes incorporate the 2008 version, including changes to 9 CFR 317 and 9 CFR 381, effective September 30, 2008, and further changes to 9 CFR 317, 9 CFR 318 and 9 CFR 381 and the addition of parts 9 CFR442 and 9 CFR 439, effective October 9, 2008 of the federal regulations that serve to guard against the contamination of ready-to-eat product with Listeria monocytogenes, ensure the surveillance of Salmonella sp. in raw and ready-to-eat products, ensure the surveillance and recall of products contaminated with E. coli O157:H, ensure the removal of the Specific Risk Materials (SRMs) of Bovine Spongiform Encephalopathy (BSE), ensure that diseased or adulterated carcasses do not enter the human food chain, and implement the rules of practice necessary to immediately suspend and/or withdraw operations at inspected establishments that experience significant sanitation and product contamination violations. In addition to these immediate threats to public health, maintaining “at least equal to” status is a requirement for the continued Cooperative Agreement between the USDA, Food Safety Inspection Service and the Maine Meat and Poultry Inspection Program.
Also amendments were made to Subsection 11, paragraph A, section 1, The Code of Federal Regulations; Raw Products; 9 CFR 442 Quantity of Contents Labeling and Procedures and Requirements for Accurate Weights; and 9CFR 439 Accreditation of Non-Federal Chemistry Laboratories.
EFFECTIVE DATE: September 29, 2008
AGENCY CONTACT PERSON: Hal Prince, Agriculture, Food & Rural Resources, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine, 04333
TELEPHONE: (207) 287-3841
E-MAIL: Hal.Prince@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, OIAS MC Rev. #241A: Eligibility Periods / Reviews and Non-Categorical Reinstatement Process
ADOPTED RULE NUMBER: 2008-456
CONCISE SUMMARY: Maine is adopting this rule to establish a reinstatement and waiting list process for individuals seeking MaineCare eligibility under the Non-categorical chapter, also known as the benefit for childless adults.
This rule is not expected to have any adverse impact on small business.
EFFECTIVE DATE: March 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 Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual: MaineCare Approved Rule Rev. #242A, MaineCare Katie Beckett Premiums
ADOPTED RULE NUMBER: 2008-457
CONCISE SUMMARY: This rule making updates the MaineCare Eligibility Manual’s Katie Beckett premium Chart III-(L) to reflect the mandated increase in Katie Beckett premiums.
This rule implements an increase in the monthly premium requirement for children who are covered under the MaineCare Katie Beckett coverage group as directed by the Legislature.
The Department expects to achieve mandated cost savings in the Medicaid Program as a result of increasing the monthly premium for children covered under the Katie Beckett coverage group.
EFFECTIVE DATE: October 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) 287-5083
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 21, Home and Community Benefits for members with Mental Retardation or Autistic Disorder
ADOPTED RULE NUMBER: 2008-458
CONCISE SUMMARY: The adopted rules reorganize Community Support as part of LD 2289 FY 08-09 Supplemental Budget and Governor’s Change Package to have one model of Community Support where formerly there were two models (A & B) of Community Support. This rule is not anticipated to impose on small businesses any additional administrative cost required for compliance.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 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: Ch. 101, MaineCare Benefits Manual: Ch. III Section 21, Home and Community Benefits for Members with Mental Retardation or Autistic Disorder
ADOPTED RULE NUMBER: 2008-459
CONCISE SUMMARY: The emergency rule reorganizes Community Support as part of P. L. 2007, c. 539, (A-27 to have one model of support where formerly there were two models (A & B) of support. This change is necessary to reduce expenditures for this service in accordance with the budget for FY 08-09. Other than providers of these specific services, this rule is not expected to fiscally impact or create new recording burdens for other small businesses and is not expected to yield new costs for municipal or county governments.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 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: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 29, Community Support Benefits for members with Mental Retardation and Autistic Disorder
ADOPTED RULE NUMBER: 2008-460
CONCISE SUMMARY: The adopted rules reorganize Community Support as part of LD 2289 FY 08-09 Supplemental Budget and Governor’s Change Package to have one model of Community Support where formerly there were two models (A & B) of Community Support. This rule is not anticipated to impose on small businesses any additional administrative cost required for compliance.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 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: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #10-08
ADOPTED RULE NUMBER: 2008-461
CONCISE SUMMARY: Minimum October 2008 Class I price is $18.78/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $23.26/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at http://www.maine.gov/agriculture/mmc/prihis.htm.
EFFECTIVE DATE: September 28, 2008
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7535
E-MAIL: Tim.Drake@Maine.gov