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Home > Weekly Newspaper Notices > April 15, 2009

April 15, 2009

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. There is also a list of rule-making liaisons, who are single points of contact for each agency.



PROPOSALS


AGENCY:  01-001 – Department of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulations
RULE TITLE OR SUBJECT:  Ch. 346, Rules Governing Meat and Poultry Inspection and Licensing
PROPOSED RULE NUMBER: 2009-P70
CONCISE SUMMARY:  The changes to Chapter 346 are necessary to avoid threats to the public health of Maine consumers, and to maintain “At Least Equal-To” status with USDA, Food Safety Inspection Service (FSIS).  These changes incorporate 2009 version of Federal Regulations, specifically 9 CFR 309.3(e), which include prohibition of all non-ambulatory bovine animals for use as human food as a safeguard against Bovine Spongiform Encephalopathy (BSE).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  22 MRSA §2513
PUBLIC HEARING:  May 4, 2009, 10:00 a.m., Department of Agriculture, Deering Bldg., Room 319, 90 Blossom Lane, Augusta, Maine  04330
DEADLINE FOR COMMENTS:  May 15, 2009
AGENCY CONTACT PERSON:  Hal Prince, Director, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine  04333
TELEPHONE:  (207) 287-3841
E-MAIL: Harold.C.Prince@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov


AGENCY:  02-385 – Department of Professional and Financial Regulation, Office of Licensing and Registration, Manufactured Housing Board
RULE TITLE OR SUBJECT:  Ch. 820, Definitions (Manufactured Housing Communities) (amendment), Ch. 890, Manufactured Home Installation Standards (new rule), Ch. 900, Used Standard – Installation (amendment)
PROPOSED RULE NUMBER: 2009-P71
CONCISE SUMMARY:  The board proposes to adopt Chapter 890, an installation standard for new mobile homes (i.e., HUD Code homes) in order to comply with federal law and rules.  Twenty percent of new installations will be subject to a pre-occupancy inspection by board staff. 
Currently, installation standards for new and used mobile homes (i.e., HUD Code and pre-HUD Code homes) appear in Chapter 900 of the board’s rules.  Chapter 900 will be amended to apply to used mobile homes only. 
The board also proposes to amend Chapter 820 so as to allow state-certified modular homes to be placed in manufactured housing communities.  Modular homes permitted in manufactured housing communities may not be more than one story in height but may have a non-habitable attic space.  At least 50% of the homes in a manufactured housing community must be mobile homes.
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  10 MRSA §§9005-A, 9006 and 9085
PUBLIC HEARING:  May 6, 2009, 10:00 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS:  May 18, 2009
AGENCY CONTACT PERSON:  Robert V. LeClair, Executive Director, Office of Licensing and Registration, 35 State House Station, Augusta, Maine  04333
TELEPHONE:  (207) 624-8678
E-MAIL:  Robert.V.Leclair@Maine.gov
PROPOSED RULE AVAILABLE ON LINE AT:  www.maine.gov/professionallicensing
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov


AGENCY:  13-188 – Department of Marine Resources
RULE TITLE OR SUBJECT:  Ch. 34(1)(B)(2), Groundfish, Recreational updates with federal rules
PROPOSED RULE NUMBER: 2009-P72
CONCISE SUMMARY:  The Department proposes for charter/party and private recreational vessels that the minimum size for haddock be reduced to 18 inches from the current minimum size of 19 inches; and to extend the seasonal prohibition on the possession of GOM cod by 2 weeks from March 31 to April 15.  This rule would provide for consistency with NOAA National Marine Fisheries Service rulemaking announcement in the Federal register January 16, 2009, which in part becomes effective May 1, 2009.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  12 MRSA §6171
PUBLIC HEARING:  None scheduled; one may be requested.
DEADLINE FOR COMMENTS:  May 15, 2009
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.
AGENCY CONTACT PERSON:  Bruce Joule, Department of Marine Resources, attn:  L. Churchill, PO Box 8, West Boothbay Harbor, Maine  04575-0008
WEB ADDRESS:  http://www.maine.gov/dmr/rulemaking/  
TELEPHONE:  (207) 633-9500
E-MAIL: Laurice.Churchill@Maine.gov
FAX:  (207) 633-9579
TTY:  (207) 633-9500 (Deaf/Hard of Hearing)
HEARING FACILITIES:  If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.


AGENCY:  02-373 – Department of Professional and Financial Regulation, Board of Licensure in Medicine
RULE TITLE OR SUBJECT:  Ch. 4, Rules for the Issuance of Citations
PROPOSED RULE NUMBER: 2009-P73
CONCISE SUMMARY:  Chapter 4 lists the violations for which a citation and administrative fine may be issued, describes the licensee’s right to request a hearing, and describes the time and manner in which the fine must be paid.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  10 MRSA §8003-E; 32 MRSA §3269(7)
PUBLIC HEARING:  None Planned
DEADLINE FOR COMMENTS:  May 27, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Jean M. Greenwood, Board of Licensure in Medicine, 137 State House Station (mailing address), 161 Capitol Street (physical address), Augusta, Maine  04333-0137
TELEPHONE:  (207) 287-3603
FAX:  (207) 287-6590
E-MAIL:  Jean.M.Greenwood@Maine.gov


AGENCY:  10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT:  Ch. 101, MaineCare Benefits Manual, Chapters II and III, Section 6, Assisted Living Services
PROPOSED RULE NUMBER: 2009-P74
CONCISE SUMMARY:  This proposed rule repeals MaineCare Benefits Manual, Chapters II and III, Section 6, Assisted Living Services.  The Department has determined that it is necessary to repeal these rules because these services were never approved as MaineCare services by CMS.  When this rule is adopted Section 6 assisted living services will no longer be provided under MaineCare.  The Department expects to adopt this rule on July 1, 2009.
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:  May 5, 2009, 1:00 pm, Conference Room #1, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, Maine  04333-0011
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before May 1, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight May 15, 2009
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:  (800) 423-4331 or (207) 287-1828 (Deaf or Heard of Hearing)
E-MAIL FOR THIS FILING: Patricia.Dushuttle@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY:  10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT:  Ch. 101, MaineCare Benefits Manual, Chapter II, Section 60, Medical Supplies and Durable Medical Equipment
PROPOSED RULE NUMBER: 2009-P75
CONCISE SUMMARY:  The Department is proposing to repeal and replace Section 60 in order to clarify the policy and to achieve legislatively mandated cost savings.  This Section has been totally replaced due to extensive formatting changes proposed, including a thorough restructuring of the Appendix.  Proposed changes include new language under Limitations, additional prior authorization requirements, and new language to clarify that items procured under a contract with the Department must be purchased, billed and reimbursed according to the terms of the contract.  There will be a change to reimbursement methodology:  the mark up of acquisition costs will be reduced to 30% in order to achieve savings.
ESTIMATED DECREASE IN ANNUAL AGGREGATE EXPENDITURES:  $963,000 per FY.
ANTICIPATED EFFECTIVE DATE:  JULY 1, 2009
SEE http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  22 MRSA §42(1) and §3173
PUBLIC HEARING:  May 6, 2009, 9:00 am – 11:30 am, Conference Room 1A, Department of Health and Human Services, 442 Civic Center Drive, Augusta, Maine  04330
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below no later than April 27, 2009
DEADLINE FOR COMMENTS:  Comments must be received by midnight on May 18, 2009
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:  (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL FOR THIS FILING: Darrell.S.Wood@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY:  10-144 – Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT:  Ch. 332, MaineCare Policy #249P – Repeal of Section 3640 Financial Rules for Assisted Living Facilities
PROPOSED RULE NUMBER: 2009-P76
CONCISE SUMMARY:  This proposed rule repeals the Financial Eligibility criteria for Assisted Living Facilities found in Chapter 332 Section 3640 of the MaineCare Eligibility Manual and is being done contemporaneously with the Office of MaineCare Services’ repeal of Chapter II and II Section 6 (Assisted Living Facilities), and this rule will not adversely effect the reporting requirements of small business.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  22 MRSA §3173
PUBLIC HEARING:  Friday, May 5, 2009, Conference Room 1, 1:00 p.m., 442 Civic Center Drive, Augusta, Maine  04330-0011
DEADLINE FOR COMMENTS:  May 15, 2009
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, Maine  04333-0011
TELEPHONE:  (207) 287-5093
TTY:  (800) 606-0215 (Deaf/Hard of Hearing)
E-MAIL FOR THIS FILING: Bethany.Hamm@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



ADOPTIONS


AGENCY:  07-105 – State Planning Office
CHAPTER NUMBER AND TITLE: Ch. 250, Methodology for Conducting a Scenic Inventory of Scenic Resources of State or National Significance Located in the State’s Coastal Area
ADOPTED RULE NUMBER: 2009-151
CONCISE SUMMARY:  As required by Title 35-A MRSA section 3457, this rule establishes the methodology for identifying scenic viewpoints of state or national significance in coastal areas that are publicly owned or to which there is public access, for purposes of state wind power laws.  State wind power laws require consideration of the potential effect of a large-scale wind power project on “scenic resources of state or national significance”, including scenic viewpoints that are identified as having statewide or national significance in a scenic inventory developed in accordance with this technical rule.  The rule incorporates the Scenic Assessment Handbook (SPO, October 2008) as its methodology.  The rule itself does not identify scenic viewpoints, but the method for doing so, which calls for public involvement in the preparation and review of a scenic inventory.
EFFECTIVE DATE: April 8, 2009
AGENCY CONTACT PERSON: Todd Burrowes, State Planning Office, 38 State House Station, Augusta, ME 04260
TELEPHONE: (207) 287-1496
E-MAIL: Todd.Burrowes@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON:  Jody.Harris@Maine.gov


AGENCY:  94-270 – Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures
ADOPTED RULE NUMBER: 2009-152
CONCISE SUMMARY:  The rule amendments permit the Commission to consider any reported loan to be a cash contribution if it remains unpaid for four years after the election in which it was incurred; clarify that party committees must make a reasonable effort to obtain and report employment information about their contributors as required by statute; require the Commission to determine whether a debt owed by a candidate or committee to a vendor which remains unpaid for more than four years after the election in which it was incurred is a cash contribution.
EFFECTIVE DATE: April 12, 2009
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333-0135
TELEPHONE: (207) 287-3024
E-MAIL: Jonathan.Wayne@Maine.gov


AGENCY:  01-026 – Agriculture, Food & Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 24, Pesticide Storage Facility Standards/Pesticide Distributors
ADOPTED RULE NUMBER:  2009-153
CONCISE SUMMARY:  Chapter 24 of the Board’s rules establishes standards for storage of pesticides at pesticide distributors.  The Board added a new Section 9, which incorporates the Federal Pesticide Management and Disposal Rule by reference.  Adoption of the federal rule will not have any impact on the regulated community, since it is subject to the rule regardless.  However, it will reduce the administrative burden for the Board’s staff by allowing the compliance staff to use state credentials and forms, and enforce the standard using state authority.
EFFECTIVE DATE:  April 12, 2009
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04330-0028
TELEPHONE: (207) 287-2731
EMAIL:  Henry.Jennings@Maine.gov


AGENCY: 06-096 - Maine Department of Environmental Protection, jointly with 94-376, Maine Municipal Bond Bank
CHAPTER NUMBER AND TITLE: Ch. 595, State Revolving Fund
ADOPTED RULE NUMBER: 2009-154, 155
CONCISE SUMMARY: There is a high likelihood that the federal government will provide stimulus money to the Clean Water State Revolving Fund (SRF) in order to create construction jobs to build infrastructure projects.  The legislation could allow funding incentives such as 0% interest loans or principal forgiveness in order to move projects quickly to construction.  Chapter 595 currently does not have flexibility to make loans of this nature.  This rule change allows the SRF to make loans at or below 0% and allow principal forgiveness.  The current rules also allow the interest rate to be reduced to accommodate fees so there will be no increase in cost to the borrowers.  However, at 0% interest, there is no ability to reduce the interest rate to accommodate fees.  This rule change allows fees to be charged even with a 0% interest rate or principal forgiveness.  Finally, references to a federal regulation that no longer apply to the SRF are deleted and other minor corrections are made.
EFFECTIVE DATE: April 7, 2009
AGENCY CONTACT PERSON (DEP): Steve McLaughlin, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7768
E-MAIL: Steve.A.McLaughlin@Maine.gov
E-MAIL FOR OVERALL DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov
AGENCY CONTACT PERSON (BOND BANK): Karen Asselin, Maine Municipal Bond Bank, P.O. Box 2268, Augusta, Maine 04338-2268
TELEPHONE: (207) 622-9386
E-MAIL: kla@mainebondbank.com