September 16, 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.
AGENCY: 02-415 - Department of Professional and Financial Regulation, Office of Licensing and Registration, State Board of Examiners of Psychologists
RULE TITLE OR SUBJECT:
Ch. 3, Application, Examination and the Licensure Process (amended)
Ch. 4, Licensure of Psychologists (amended)
Ch. 6, Supervision of Unlicensed Personnel (new)
Ch. 8, Continuing Professional Education (amended)
PROPOSED RULE NUMBER: 2009-P234 thru P237
CONCISE SUMMARY: The amendments to Chapters 3 and 8 change the board's renewal cycle from biennial licensure to annual licensure, but leave in place the current biennial reporting cycle for continuing professional education. The amendments to Chapter 4 eliminate the requirements that a psychologist who supervises a predoctoral or postdoctoral supervision program must be: (a) a full-time supervisor, and (b) located on site. New Chapter 6 establishes standards for the supervision of unlicensed persons who participate in the provision of psychological services.
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.
PUBLIC HEARING: October 6, 2009, 9:30 a.m., Department of Professional and Financial Regulation, Office of Licensing and Registration, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: October 16, 2009
AGENCY CONTACT PERSON: Geraldine Betts, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8625.
PROPOSED RULES AVAILABLE ON LINE AT: http://www.maine.gov/professionallicensing
AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 103, Rules for Vehicle Dealers, Auctions, Transporters, Recyclers, and Loaners
ADOPTED RULE NUMBER: 2009-449
CONCISE SUMMARY: To revise the Rule name to reflect the addition of mobile crushers. To revise the recycler portion of rule to add requirements for mobile crushers. To clarify Title 29-A MRSA section numbers to appropriate areas to ensure stature requirements are reflected. To add suspension and revocation procedures to ensure uniformity for all dealer suspension and/or revocation actions.
EFFECTIVE DATE: September 14, 2009
AGENCY CONTACT PERSON: Garry Hinkley, Director, Div. of Vehicle Services, Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME 04333
TELEPHONE: (207) 624-9055
AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 765, Health Insurance Emergency Planning and Procedures
ADOPTED RULE NUMBER: 2009-450
CONCISE SUMMARY: The rule specifies actions that health carriers must be capable of taking within 72 hours of the declaration of an insurance emergency. It also requires health carriers to provide information to the Bureau of Insurance regarding emergency contingency plans.
EFFECTIVE DATE: September 14, 2009
AGENCY CONTACT PERSON: Pat Galouch, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8437
AGENCY: 90-351 - Workers’ Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 9(2), Coordination of Benefits Pursuant to Section 221(1) & (3)
ADOPTED RULE NUMBER: 2009-451
CONCISE SUMMARY: This rule establishes a method for calculating a reduction of weekly benefits when an employee receives a lump sum or periodic payment over a period less than the employee’s life expectancy pursuant to a self-insurance wage continuation, disability insurance policy, pension, or retirement policy established or maintained by the employer.
EFFECTIVE DATE: September 16, 2009
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7086
AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch.131, Cutback Asphalt and Emulsified Asphalt
ADOPTED RULE NUMBER: 2009-452
CONCISE SUMMARY: The Board of Environmental Protection adopted amendments to Chapter 131 which limit the use of cutback and emulsified asphalt to that which contains not more than 6.0 ml of oil distillate for all asphalt paving operations and maintenance activities annually from May 1 through September 15. These amendments are intended to reduce the volatile organic compound (VOC) emissions from paving and maintenance operations, which contribute to the formation of ground-level ozone. Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/regulations/recentlyadopted.htm.
EFFECTIVE DATE: September 15. 2009
AGENCY CONTACT PERSON: Carolyn Wheeler, Bureau of Air Quality Control, 17 State House Station, Augusta, Me 04333
TELEPHONE: (207) 287-2437
AGENCY: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 275, Medicare Supplement Insurance
ADOPTED RULE NUMBER: 2009-453
CONCISE SUMMARY: The proposed amendment reflects recent changes in national model uniform Medicare supplement insurance standards, compliance with the federal Genetic Information Nondiscrimination Act of 2008 (GINA) and enhanced continuity of coverage protection for Medicare Advantage plan participants.
This rule is proposed in accordance with 24-A MRSA §2328; 24-A MRSA §§ 212, 2413, 4207, 5002, 5002-A, 5002-B, 5003, 5005, 5010-A and 5011.
EFFECTIVE DATE: September 8, 2009
AGENCY CONTACT PERSON: Pat Galouch Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Phone: (207) 624-8437