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Home > Weekly Newspaper Notices > November 19, 2008

November 19, 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.


NOTICES



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: TANF State Plan
PROPOSED RULE NUMBER: Not a rule
CONCISE SUMMARY: The Department of Health and Human Services, Office of Integrated Access and Support is providing the public an opportunity to comment on its TANF State Plan. The comments will be considered in completing the plan.
THERE IS NO FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Federal Deficit Reduction Act 2005 Public Law 109-171
DEADLINE FOR COMMENTS: December 24, 2008
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-6897
TTY: (800)-606-0215 (Deaf/Hard of Hearing)
E-MAIL: Dawn.Mulcahey@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Caseload Reduction Credit Report
PROPOSED RULE NUMBER: Not a rule
CONCISE SUMMARY: The Department of Health and Human Services, Office of Integrated Access and Support is providing the public an opportunity to comment on the estimates and methodology used to complete its TANF Caseload Reduction Credit Report. The comments will be used in completing the report.
THERE WILL BE NO FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Deficit Reduction Act 2005, Public Law 109-171
DEADLINE FOR COMMENTS: December 24, 2008
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-6897
TTY: (800)-606-0215 (Deaf/Hard of Hearing)
E-MAIL: Dawn.Mulcahey@Maine.gov


PROPOSALS



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 13, Watercraft (Motor Size Restrictions on Certain Inland Waters)
PROPOSED RULE NUMBER: 2008-P334
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following watercraft regulations:
Beaver Pond, Denmark, Oxford County –
Motorboats with more than 7 horsepower prohibited.

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §13051
PUBLIC HEARING: December 10, 2008 - Denmark Town Office, 62 East Main Street, Denmark, ME - 6:30 p.m.
DEADLINE FOR COMMENTS: December 22, 2008
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@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 97, Private Non-Medical Institution Services, and Appendices B, D, E, and F
PROPOSED RULE NUMBER: 2008-P335
CONCISE SUMMARY: The Department of Health and Human Services is proposing changes to MaineCare Benefits Manual, Ch. III Section 97, Private Non-Medical Institution Services, and Appendices B, D, E, and F.
In this rulemaking, the Department is eliminating language about and codes for bedhold days. 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. The Department is also proposing new HIPAA compliant codes that will be used for billing purposes upon implementation of the new billing system. These new codes will not be implemented until further notification to providers has been given.
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 per state fiscal year.
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, 22 MRSA (3174-Z
PUBLIC HEARING: December 12, 2008 1:00 p.m., Conference Room #1, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME, 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before December 5, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight December 22, 2008
AGENCY CONTACT PERSON: Patricia Dushuttle, Manager, Division of Policy and Performance, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Patricia.Dushuttle@Maine.gov



AGENCY: 07-102 - Office of the Governor
RULE TITLE OR SUBJECT: Ch. 101, Establishment of the Capital Investment Fund (amendments to the existing rule)
PROPOSED RULE NUMBER: 2008-P336
CONCISE SUMMARY: The proposed rule amends the current Capital Investment Fund (CIF) rule. The CIF is a limit on what hospitals and other health care providers may spend on capital investment. Its purpose is to assist in lowering health care costs by assuring that Maine has the health care system it needs and can afford but not more. The proposed amendment changes: (1) the effective CIF period from one year to three years, and (2) the formula used to compute the CIF. This is a major substantive rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 2 MRSA §§ 101, 102.
PUBLIC HEARING: 2:00 pm, December 11th, 2008 at Conference Room C, 35 Anthony Avenue, Augusta, Maine.
DEADLINE FOR COMMENTS: Monday, December 22, 2008
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Peter Kraut, Health Policy Analyst, Governor’s Office of Health Policy & Finance, 15 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-7442
FAX: (207) 624-7608
E-MAIL: Peter.Kraut@Maine.gov


ADOPTIONS



AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 12, Rules Governing the Sale of Records and Databases Related to Driver History, Driver Licenses and Motor Vehicles
ADOPTED RULE NUMBER: 2008-533
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.
EFFECTIVE DATE: November 12, 2008
AGENCY CONTACT PERSON: Robert E. O’Connell, Director, Driver License Services, Secretary of State, Bureau of Motor Vehicles, Bureau of Motor Vehicles, 101 Hospital Street, 29 State House Station, Augusta, Maine 04333-0029
TELEPHONE: (207) 624-9092
E-MAIL: Robert.O’Connell@Maine.gov



AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 15, Rules Governing Acceptable Documents to Establish Legal Presence
ADOPTED RULE NUMBER: 2008-534
CONCISE SUMMARY: This rule describes the documents that may be accepted to establish evidence of legal presence in the United States for the purposes of driver license and non driver identification card issuance.
EFFECTIVE DATE: November 15, 2008
AGENCY CONTACT PERSON: Robert E. O’Connell, Director, Driver License Services, Secretary of State, Bureau of Motor Vehicles, Bureau of Motor Vehicles, 101 Hospital Street, 29 State House Station, Augusta, Maine 04333-0029
TELEPHONE: (207) 624-9092
E-MAIL: Robert.O’Connell@Maine.gov



AGENCY: 95-592 - Small Enterprise Growth Board
CHAPTER NUMBER AND TITLE: Ch. 701, Amendment 5: Small Enterprise Growth Program
ADOPTED RULE NUMBER: 2008-535
CONCISE SUMMARY: The rule amendment changes application requirements and board procedures to streamline board administration and the processing of applications and investments.
EFFECTIVE DATE: November 15, 2008
AGENCY CONTACT PERSON: Christopher H. Roney, Counsel to the Board, c/o Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715 (TDD)
E-MAIL: CRoney@FameMaine.com