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Home > Weekly Newspaper Notices > December 24, 2008

December 24, 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: 06-096 – Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 127, New Motor Vehicle Emission Standards
PROPOSED RULE NUMBER: 2008-P355
CONCISE: The purpose of this rulemaking is to adopt the amendments to the Low Emission Vehicle Program (LEV) approved by the California Air Resources Board. Maine shall adopt these amendments in accordance with Section 177 of the Clean Air Act Amendments to remain identical with California’s new vehicle emission standards. Proposed amendments to Ch. 127 include changes to the Zero Emission Vehicle (ZEV) program to require commercialization of pure ZEV technologies while recognizing the technological limitations and costs of current vehicles. Other amendments include adopting California’s performance labeling which scores a vehicle’s global warming and smog emissions; and includes adopting California’s new in-use vehicle requirements for 2008 and subsequent model year heavy-duty diesel engines. 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/proposed.htm.
Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §§ 585-A and 585-D
PUBLIC HEARING: January 15, 2009, 9:00 a.m., Holiday Inn/Ground Round, Augusta
DEADLINE FOR COMMENTS: January 26, 2009; 5:00 p.m.
AGENCY CONTACT PERSON: Lynne Cayting, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-2437
E-MAIL: Lynne.A.Cayting@Maine.gov



AGENCY: 02-582 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Propane and Natural Gas Board
RULE TITLE OR SUBJECT: Ch. 5, Installation Standards
PROPOSED RULE NUMBER: 2008-P356
CONCISE SUMMARY: This chapter incorporates various NFPA (National Fire Protection Association) codes into the board's rules by reference. The amendments to this chapter update NFPA 54, 58, 59, 59A and 211 to their most recent published editions. The amendments also delete NFPA 30, 501, 501A, 1192 and ASME (American Society of Mechanical Engineers) Code CSD-1 from this chapter. The reason for the deletion is that the board does not regulate the subject matter of these codes. This latter group of codes will no longer be incorporated by reference into the board's rules.
This chapter incorporates various NFPA (National Fire Protection Association) codes into the board's rules by reference. The amendments to this chapter update NFPA 54, 58, 59, 59A and 211 to their most recent published editions. The amendments also delete NFPA 30, 501, 501A, 1192 and ASME (American Society of Mechanical Engineers) Code CSD-1 from this chapter. The reason for the deletion is that the board does not regulate the subject matter of these codes. This latter group of codes will no longer be incorporated by reference into the board's rules. Consistent with rule changes adopted by the Oil and Solid Fuel Board effective February 3, 2008, the amendments also except from NFPA 211 certain provisions relating to inspection of chimneys. In addition, Sections 1(B) and (C) of this chapter (prohibition against use of unvented heaters; phase-in period for cylinder recertification) have been re-written as exceptions to specific code provisions, but without any substantive change.
Section 1 of this chapter has been re-organized to conform to the explicit declaration of code exceptions. To accomplish this re-organization, the amendments discussed above are presented as a repeal and replacement of Section 1 of this chapter. The balance of this chapter, Sections 2 and 3, remain in effect without change. The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
PROPOSED RULE AVAILABLE ON LINE AT: www.maine.gov/professionallicensing
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §14804(1)
PUBLIC HEARING: January 14, 2009, 9:00 a.m., Deptartment of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, ME
DEADLINE FOR COMMENTS: January 26, 2008
AGENCY CONTACT PERSON: Cheryl Hersom, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8605
E-MAIL: Cheryl.C.Hersom@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 67, Principles of Reimbursement for Nursing Facilities
PROPOSED RULE NUMBER: 2008-P357
CONCISE SUMMARY: The Department is proposing this rule to permanently adopt the emergency rules that went into effect on December 16, 2008. Specifically, the Department is proposing to change the base year that is used to calculate direct care and routine care costs from 1998 to 2005. In addition, language is added to waive the principle that combines the administrator costs and other services that an administrator may be delivering under the Administration and Management ceiling. This specific change will only be applicable for single-level facilities with forty (40) or fewer beds. The Department also proposes language that increases the cap for medical director costs from $1200 to $10,000. Furthermore, the Department proposes to amend the language that establishes the prospective per diem rate, by adding a direct care regional cost component to the rule. The Department also proposes to make a one-time rate adjustment in addition to the base rate adjustment for the time period between October 1, 2008 and December 31, 2008. A new subsection is also added that establishes that all new NF beds converted to Residential care beds must have a private pay source. Other minor technical and grammatical changes are also included in this rule proposal. The proposed rate changes will increase expenditures for nursing facility services by $9,388,889 (federal and state funds) for FY ’09.
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, 334-A, 1720, 3173, PL 2007 Ch. 240 part A
PUBLIC HEARING: January 12, 2009, 1 p.m., Conference Room # 1A, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 5, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight January 22, 2009.
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
(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: 05-071 – Department of Education
RULE TITLE OR SUBJECT: Ch. 131, The Maine Federal, State, and Local Accountability Standards
PROPOSED RULE NUMBER: 2008-P358
CONCISE SUMMARY: This rule change adopts the New England Comprehensive Assessment Program assessment expectations in reading and mathematics in order to maintain and improve the quality of the state assessment and share costs among three other states and to align high school standards in reading and mathematics with the grades 3-8 expectations to assess as part of the Maine High School Assessment.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §6202
PUBLIC HEARING: January 12, 2009, 3:00 – 5:00 p.m., Cross Office Building, Room 103 ATM, 111 Sewall Street, Augusta, Maine. The public hearing will also be available via ATM at the following locations:
Bangor Public Library, Bangor Maine
Greely High School, Cumberland Center Maine
Presque Isle High School, Presque Isle Maine
DEADLINE FOR COMMENTS: January 22, 2008
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Wanda Monthey / Dan Hupp, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6831
FAX: (207) 624-6770
WEBSITE: http://www.maine.gov/education/rulechanges.htm
E-MAIL: Wanda.Monthey@Maine.gov / Dan.Hupp@Maine.gov


ADOPTIONS



AGENCY: 18-364 - Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 2, Powerball Rules
ADOPTED RULE NUMBER: 2008-577
CONCISE SUMMARY: The proposed rule updates the Powerball game rules to conform to changes made by the Multi State Lottery Association. The Multi State Lottery Association has adopted changes to the game matrix to create larger “Powerball” starting jackpots and increase the prize for Match 5 when the “Power Play” multiplier is 2, 3 or 4. Currently players select five numbers from 1 to 55 and one number from 1 to 42 to play Powerball. The new matrix will have players select five numbers from 1 to 59 and one number from 1 to 39. This rule will allow Maine to continue selling the Powerball game. This rule also clarifies that the payout for “Power Play” multiplied prizes, in the rare instance where prize payout funds may not be available due to an unanticipated number of winners, shall be paid on a pari-mutuel basis. The rule makes other non-substantive changes consistent with the Multi State Lottery Association rules. This rule is promulgated pursuant to 8 MRSA §374 and 8 MRSA §372(2)(I).
EFFECTIVE DATE: December 20, 2008
AGENCY CONTACT PERSON: Dan A. Gwadosky, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008
TELEPHONE: (207) 287-6756
E-MAIL: Dan.Gwadosky@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Division of Licensing and Regulatory Services
CHAPTER NUMBER AND TITLE: Repeal and replace [1] Sentinel Events Reporting Rules and [2] Hospital Licensing Rules. The new 10-144 CMR Ch. 114, Rules Governing the Reporting of Sentinel Events, replaces the repealed sentinel events reporting provisions in: 10-144 CMR Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine; 10-144 CMR Ch. 118, Regulations Governing the Licensing and Functioning of Intermediate Care Facilities for Persons with Mental Retardation [ICF-MR]; 10-144 CMR Ch. 125, Regulations Governing the Licensing of Ambulatory Surgical Facilities; and 10-144 CMR Ch. 126, Regulations Governing the Licensing and Functioning of End Stage Renal Disease Units/Facilities [ESRD]. The Department of Health and Human Services also repealed and replaced 10-144 CMR Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine.
ADOPTED RULE NUMBER: 2008-578 through 582
CONCISE SUMMARY:
Adopted rules: Sentinel Events Reporting Rules. To reduce redundancy and streamline the rules, the new freestanding sentinel events reporting rules consolidate and replace the repealed sentinel events reporting provisions in 10-144 Ch. 112, 118, 125, and 126. The new sentinel events reporting rules include several changes. Additional terms are defined, such as root cause analysis. Clarification regarding the reporting of rape is new and will assist providers to determine when a report is required. Section 2.7 requires an annual statement from health care facilities affirming that sentinel events that occurred during the prior calendar year were reported to the Sentinel Events Team (SET) in accordance with Section 2.2.
Adopted rules: Hospital Licensing Rules. The adopted rules replace the current hospital licensing rules. Public Law 2007, Ch 314 streamlined the hospital survey process. Hospitals are exempt from state inspection requirements if they are federally certified by the Centers for Medicare and Medicaid Services [CMS] for participation in the federal Medicare program and hold full accreditation status by a health care facility accrediting organization recognized by CMS. Certified hospitals that are not accredited are subject to state inspection every 3 years. All hospitals remain subject to a state inspection in response to a complaint, suspected violation of hospital licensing laws and rules or suspected violation of the CMS conditions of participation. All hospitals remain subject to state inspection to determine compliance with building codes, fire codes, life safety codes and for other similar purposes. At the hospital’s request, the Department may review a hospital’s architectural plans and a fee may be charged. Pursuant to Public Law 2007, Ch 324 hospital licenses may be renewed for up to 24 months. The rules are renamed “Rules for the Licensing of Hospitals”.
The rules include various technical, non-substantive changes relating to section numbering, intra-Departmental agency name changes, spelling, and usage.
Economic impact on small businesses. [Applies to businesses with 20 or fewer employees.] Sentinel Events Reporting Rules. DHHS has determined that a new freestanding rule, 10-144 Ch 114 Regulations Governing the Reporting of Sentinel Events, that replaces the repealed sentinel events reporting provisions in 10-144 Ch.s 112, 118, 125, and 126 can be implemented within the providers resources and no economic impact statement is required. Hospital Licensing Rules. DHHS has determined that the hospital licensing rules will reduce the hospital’s cost of compliance because there are fewer inspections and the standards are aligned with the federal CMS conditions of participation. These rules can be implemented within the provider’s resources and no economic impact statement is required.
EFFECTIVE DATE: January 1, 2009
AGENCY CONTACT PERSON: Anne Flanagan, Assistant Director, Division of Licensing and Regulatory Services, 11 State House Station, 41 Anthony Avenue, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300; Toll Free: 1 (800) 791-4080
FAX: (207) 287-5815
TTY: 1-800-606-0215
E-MAIL: Anne.Flanagan@Maine.gov



AGENCY: 29-250 - Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 190, Rule for the Administration of Experimental Vehicle Registration
ADOPTED RULE NUMBER: 2008-583
CONCISE SUMMARY: This rule establishes requirements for the registration of experimental motor vehicles. The rule sets forth required equipment standards, application procedures, and the limitations of use pursuant to 29A MRSA §470
EFFECTIVE DATE: December 21, 2008
AGENCY CONTACT PERSON: Garry Hinkley, Vehicle Services Director, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9055
E-MAIL: Garry.Hinkley@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 67: Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER: 2008-584 (Emergency)
CONCISE SUMMARY: In this emergency rule making, the Department is implementing changes in the rate methodology as well as providing an additional one time payment for the quarter between October 1, 2008 and December 31, 2008. Specifically, the rate methodology alters the base year from 1998 to 2005. The rule also establishes a new prospective per diem rate by adding a direct care regional cost component and a hold harmless provision to the rule. Other changes are made in this rulemaking that include changes in medical director costs and waiver of administrator costs that are included under the management ceiling. The Department has budgeted $9,388,889 (federal and state funds) for FY ’09 for this rate methodology change. This amount is derived out of the original $16,353,230 appropriated by the State Legislature, Public Law 2007, Ch. 240, Pt. A., after other budgetary changes were made.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 334-A, 1720, §3173, PL 2007, Ch. 240 part A
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: December 16, 2008 – March 15, 2009
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: Alyssa.Morrison@Maine.gov



AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2008-585
CONCISE SUMMARY: The adopted rule: (1) increases fees for licensees of the Board for Licensure of Architects, Landscape Architects and Interior Designers; (2) eliminates fees for the boxers, wrestlers, kickboxers, managers, promoters and fight officials who were formerly licensed by the now-defunct Maine Athletic Commission; (3) increases fees for licensees of the Board of Barbering and Cosmetology; (4) increases inspection fees for boilers and pressure vessels; (5) increases fees for licensees of the Board of Chiropractic Licensure; (6) increases fees for manufactured housing communities having more than 100 lots; (7) authorizes fees for re-inspection of state-certified modular homes and manufactured housing communities under certain circumstances; (8) increases fees for most license categories of the Plumbers’ Examiners Board; (9) increases fees for licensees of the Real Estate Commission; (10) increases fees for some license categories of the Board of Respiratory Care Practitioners; and (11) increases the initial application fee for speech-language pathologists and audiologists.
EFFECTIVE DATE: Board of Barbering and Cosmetology, January 1, 2009. All others in this filing, December 23, 2008.
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8615
E-MAIL: Jeffrey.M.Frankel@Maine.gov