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Home > Weekly Notices > May 12, 2010

May 12, 2010

WEEKLY NOTICES 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: 04-061 - Maine Land Use Regulation Commission
CHAPTER NUMBER AND TITLE: Amendment of Appendix F, Expedited Wind Energy Development Area Designation, Ch. 10, Land Use Districts and Standards
PROPOSED RULE NUMBER: 2009-P328 (comment deadline further extended)
CONTACT PERSON FOR THIS FILING: Marcia Spencer Famous, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2631. E-mail: Marcia.Spencer-Famous@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Same
PUBLIC HEARING:
Part I - December 16, 2009, at the Senator Inn, Augusta, ME
Part II - March 17, 2010, at Sugarloaf Inn, Carrabassett Valley
COMMENT DEADLINE: The time period for submitting rebuttal to written comments following the close of Part II of the hearing is being extended for a period of 14 days to May 19, 2010, at which time the record for the rulemaking will close.
BRIEF SUMMARY: On July 1, 2009, TransCanada Maine Wind Development, Inc. petitioned the Land Use Regulation Commission to expand the expedited wind energy permitting area by adding a parcel of land located in Chain of Ponds Township, Franklin County.
Additional information, including the longer, more detailed notice of the Notice of Agency Rulemaking published on November 25, 2009, and the text of the proposed rule, may be obtained by contacting Marcia Spencer-Famous or by visiting the Commission’s web site at: http://www.maine.gov/doc/lurc/projects/Transcanada/Transcanada.shtml
Rebuttal to written comments may be submitted by US Postal Service Mail to “LURC, 22 State House Station, Augusta, ME 04330” or by email to lurc@maine.gov (include in subject line “TransCanada”) for consideration by the Commission.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §§ 684; 685-A(7-A),(13); 685-C(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Eliza.Townsend@Maine.gov



AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles (BMV)
RULE TITLE OR SUBJECT: Ch. 155, Rules Governing Permits for Nondivisible, Oversized and Overweight Combination Vehicles Engaged in Interstate Commerce
PROPOSED RULE NUMBER: 2010-P103
CONCISE SUMMARY: The purpose of this rule is to set forth the procedures used by the Department of Secretary of State for receiving applications and granting permits for the movement of oversized and/or overweight combination vehicles engaged in interstate travel on highways and bridges under the jurisdiction of the Department of Transportation pursuant to the Interstate Compact adopted by the New England Transportation Consortium.
STATUTORY AUTHORITY: 29-A MRSA Ch. 21 §2384
RULE TITLE OR SUBJECT: Ch. 156, Fee Structure for Over Dimensional and Overweight Loads, Along with State Police Escort Fees
PROPOSED RULE NUMBER: 2010-P104
CONCISE SUMMARY: This rule establishes permit fees for over-dimensional and overweight non-divisible loads as provided in Title 29A, §2382.
RULE TITLE OR SUBJECT: Ch. 157, The Administration Of Over Dimension And Overweight Permits
PROPOSED RULE NUMBER: 2010-P105
CONCISE SUMMARY: This rule clarifies procedures for authorized personnel to issue permits to a person or company operating non-divisible over dimensional, overweight vehicle and load which are loads exceeding the size and weight established in Title 29-A, Ch. 21, over roads, highways or bridges maintained by the Maine Department of Transportation. This rule also establishes requirements and standards for pilot and police escorts vehicles.
STATUTORY AUTHORITY: 29-A MRSA §2382
RULE TITLE OR SUBJECT: Ch. 170, Permitting Commercial Vehicles at Canadian Weight Limits to Travel from Designated Points at the Canadian Border to Baileyville, Van Buren, and Madawaska
PROPOSED RULE NUMBER: 2010-P106
CONCISE SUMMARY: This rule implements the Canadian Weight Limits (CWL) program authorized by Title 29-A MRSA §2354-C which provides for the operation of two vehicle configurations at certain Canadian weight limits between the Canadian border at Calais to a mill in Baileyville; from the Canadian border at Madawaska to a paper mill in Madawaska; and from the Canadian border at Van Buren to a rail yard in Van Buren.
STATUTORY AUTHORITY: 29-A MRSA §2354
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: Tuesday, June 1, 2010, 9:00 a.m., Bureau of Motor Vehicles, Executive Conference Room, 101 Hospital Street, Augusta, ME 04333
DEADLINE FOR COMMENTS: Tuesday June 15, 2010
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:
CONTACT PERSON’S NAME: Colleen Weed, Bureau of Motor Vehicles, 101 Hospital St, Augusta, ME 04330. Telephone: (207) 624-9187. Fax: (207) 624-9086. E-mail: Colleen.W.Weed@Maine.gov
URL: http://www.maine.gov/sos/bmv/
BMV RULE-MAKING LIAISON: Catherine.Curtis@Maine.gov



AGENCY: 14-197 - Department of Health and Human Services (DHHS), Office of Adults with Cognitive and Physical Disability Services (OACPDS)
CHAPTER NUMBER AND TITLE: Ch. 5, Regulations Governing Emergency Interventions and Behavioral Treatment for People with Mental Retardation and/or Autism: Section 3, Safety Devices
PROPOSED RULE NUMBER: 2010-P107
CONTACT PERSON FOR THIS FILING: Richard Estabrook, Chief Advocate, DHHS Central Office, Marquardt Bldg. 3rd Floor, 32 Blossom Lane (11 State House Station), Augusta, ME 04333. Telephone: (207) 287-4228. E-mail: Richard.Estabrook@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: June 4, 2010, 1:00 – 3:00 p.m., Marquardt Bldg. Room 2B, Old AMHI Complex, Augusta, ME.
COMMENT DEADLINE: June 14, 2010
BRIEF SUMMARY: This regulation establishes a hierarchy of review for safety devices and to distinguish safety devices from mechanical devices. It also sets out expectations pertaining to the frequency of review for safety devices and describes the procedure for requesting permission for the use of safety devices.
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 34-B MRSA(14-C)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
URL: http://www.maine.gov/dhhs/OACPDS/DS/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Maine CDC
CHAPTER NUMBER AND TITLE: Ch. 268, Certification Standards for Persons Drawing Specimens of Blood for the Purpose of Determining the Blood Alcohol Level
PROPOSED RULE NUMBER: 2010-P108
BRIEF SUMMARY: The revision of 29-A MRSA §2524(1) obviates the necessity for Departmental rulemaking to establish the qualifications of persons who draw blood for blood specimens and that repeal of the rules would promote consistency and clarity in the administration of the operating under the influence statutes.
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRSA §2524
CHAPTER NUMBER AND TITLE: Ch. 269, Rules Governing Self-contained Breath Alcohol Testing Equipment
PROPOSED RULE: 2010-P109
BRIEF SUMMARY: The proposed rule change replaces the existing term "blood alcohol" with "breath alcohol". It also reflects the quality control necessary for breath-alcohol concentration per g/21 0 liters of breath.
Finally, the changes reflect the accuracy and sensitivity of the equipment should be such as to obtain results within ± 0.01 g/210L or 5%, whichever is greater of the known value in the analysis of appropriate reference materials of known ethyl alcohol concentrations. This change brings the State more in line with the type of phrasing used in the current Federal and manufacturer's guidelines.
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRSA §2524(6); and 22 MRSA §42(1)
FOR BOTH FILINGS:
PUBLIC HEARING: May 31, 2010, 10 a.m., Resource Room of the HETL, 224 State Street, Augusta, ME 04333.
COMMENT DEADLINE: June 24, 2010
CONTACT PERSON FOR THESE FILINGS: Christopher P. Montagna, Forensic Section Supervisor, DHHS – MeCDC, 221 State Street (11 State House Station), Augusta, ME 04333. Telephone: (207) 287-1708, E-mail: Chris.Montagna@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 07-105 - Executive Department, State Planning Office
CHAPTER NUMBER AND TITLE: Ch. 300, Certification Standards for Municipal Code Enforcement Officers and Third-party Inspectors
PROPOSED RULE NUMBER: 2010-P110
CONTACT PERSON FOR THIS FILING: Jody Harris, 38 State House Station, Augusta ME 04333. Tel: (207) 287-5424. E-mail: Jody.Harris@Maine.gov. For a copy of the rule, visit our web site at: http://www.maine.gov/spo/rightcolumn/sporules.htm
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: June 3, 2010, 1:00 p.m. in Room 209 (Health and Human Services Committee’s legislative hearing room), Cross Office Building, Capitol Street, Augusta. The meeting room is accessible to persons with physical disabilities. Any interested party requiring other special arrangements to attend the hearing must contact Linda LaPlante at (207) 287-2456 or Linda.C.LaPlante@Maine.gov before May 24, 2010.
COMMENT DEADLINE: Written comments my be submitted to Jody Harris c/o State Planning Office, 38 State House Station, Augusta ME 04333 or Jody.Harris@Maine.gov by June 14, 2010.
BRIEF SUMMARY: This chapter establishes the standards and procedures that the State Planning Office uses to certify and recertify local code enforcement officers, local plumbing inspectors, municipal building officials, and third-party building inspectors, as required by 30-A MRSA §4451 and 10 MRSA ch. 1103. The Office proposes amending its rule to incorporate law changes and to set certification standards for the new Maine Uniform Building and Energy Code.
IMPACT ON MUNICIPALITIES OR COUNTIES: The Office is required to by law to provide training and exams for municipal building officials no cost and ensure training is geographically dispersed. Municipalities may incur the cost of travel for municipal building officials to become trained and certified in the new Maine’s Uniform Building and Energy Code in accordance with 10 MRSA §1103, if the municipality chooses to enforce the new code.
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRSA §4451(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a


ADOPTIONS



AGENCY: 16-222 - Maine Department of Public Safety, Bureau of State Police
CHAPTER NUMBER AND TITLE: Ch. 6, Transportation of Hazardous Materials in Maine
ADOPTED RULE NUMBER: 2010-168
CONCISE SUMMARY: This chapter will ensure that hazardous materials are transported safely in Maine.
The regulation adopts and incorporates by reference Parts 107, 171, 172, 173, 174, 177, 178, 179, 180, 387, and 397 of Title 49 Code of Federal Regulations as in effect as of October 1, 2009.
Copies of the Federal rules adopted and incorporated by reference into the regulation may be obtained from the following agencies:
Superintendent of Documents, U.5. Government Printing Office, Washington, D.C. 20402
Maine Department of Public Safety, Bureau of Maine State Police, 20 State House Station, Augusta, ME 04333-0020
EFFECTIVE DATE: May 11, 2010
AGENCY CONTACT PERSON: Christopher Parr, Maine Department of Public Safety, 104 State House Station, Augusta, ME 04333-0104. Telephone: (207) 624-7200. E-mail: Christopher.Parr@Maine.gov .
URL: http://www.maine.gov/dps/msp/



AGENCY: 02 - Department of Professional and Financial Regulation:
029 - Bureau of Financial Institutions: Ch. 138, jointly with
030 - Bureau of Consumer Credit Protection: Ch. 240

CHAPTER TITLE: Truth-in-lending Regulation Z-2
ADOPTED RULE NUMBER: 2010-169 and 170
CONCISE SUMMARY: This rule was originally promulgated in 1981 and re-promulgated in 1986, 1989, 1992, 1997, 1998 and 2002. This joint re-promulgation, which repeals and replaces both Bureau of Financial Institution Rules, Ch. 138, and Bureau of Consumer Credit Protection Rules, Ch. 240, adopts the latest federal Truth-in-Lending regulations by reference so as to implement Article VIII of the Maine Consumer Credit Code.
EFFECTIVE DATE: August 1, 2010
AGENCY CONTACT PERSON: Christian D. Van Dyck, Attorney, Bureau of Financial Institutions, Department of Professional and Financial Institutions, Bureau of Financial Institutions and Bureau of Consumer Credit Protection, 36 State House Station, Augusta, ME 04333-0036. Telephone: (207) 624-8574. E-mail: Christian.D.VanDyck@Maine.gov
URLs: http://www.maine.gov/pfr/financialinstitutions/ ; http://www.maine.gov/pfr/consumercredit/index.shtml



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 45, Hospital Services
ADOPTED RULE NUMBER: 2010-171
CONCISE SUMMARY: These adopted rules add admission eligibility and continuing eligibility criteria for hospital detoxification services. These rules also remove specific billing instructions and reporting of rebatable drugs in favor of listing those specifics on the DHHS website. These changes consolidate those instructions to one location. These changes will assure the efficient operation of the MaineCare program. Further, the administrative burden of utilization review will be lessened if the admission and continuing eligibility criteria are clear from the beginning.
This rulemaking will not yield any new administrative burdens or compliance-related costs that could fiscally impact municipal or county governments. This rulemaking has no adverse impact on small businesses employing twenty or fewer employees.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: May 22, 2010
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, 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 .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 46, Psychiatric Hospital Services
ADOPTED RULE NUMBER: 2010-172
CONCISE SUMMARY: These adopted rules seek to add admission eligibility and continuing eligibility criteria for psychiatric hospital detoxification services and developmental disorders unit services. The Department needs to ensure that MaineCare services are delivered only to individuals who are eligible for those services. These changes will assure the efficient operation of the MaineCare program. Further, the administrative burden of utilization review will be lessened if the admission and continuing eligibility criteria are clear from the beginning. These adopted rules also clarify billing instructions for providers when MaineCare moves to its new claims system, MIHMS.
This rulemaking will not yield any new administrative burdens or compliance-related costs that could fiscally impact municipal or county governments. This rulemaking has no adverse impact on small businesses employing twenty or fewer employees.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: May 22, 2010
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, 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 .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 5, Regulations Relating to Training Programs and Delegation by Registered Professional Nurses of Selected Nursing Tasks to Certified Nursing Assistants
ADOPTED RULE NUMBER: 2010-173
CONCISE SUMMARY: Amend this chapter to allow registered professional nurses to delegate to certified nursing assistants additional skills beyond the skills listed in the basic certified nursing assistant curriculum.
EFFECTIVE DATE: May 10, 2010
AGENCY CONTACT PERSON: Virginia deLorimier, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158. Telephone: (207) 287-1133. E-mail: Virginia.E.DeLorimier@Maine.gov
URL: http://www.maine.gov/boardofnursing/



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Licensing and Regulatory Services
CHAPTER NUMBER AND TITLE: Ch. 122 (New), Rules Governing the Maine Medical Use of Marijuana Program
ADOPTED RULE NUMBER: 2010-174 (EMERGENCY)
CONCISE SUMMARY: Emergency rule. In November 2009, voters approved an initiated bill that replaced the provisions of the Maine Medical Marijuana Act that protected patients who grew and used marijuana for medical conditions. Public Law 2009, Chapter 631 (Emergency Preamble) amended the initiated law, and became effective April 9, 2010. These emergency rules implement the Maine Medical Use of Marijuana Program (MMMP). The rules include:
* Provisions to transition patients and caregivers to a registry identification card system for the continued medical use of marijuana under the new law.
* Criteria for selecting 8 dispensaries in the first year.
* The process to secure department-issued registry identification cards for patients, primary caregivers, staff of hospice providers and nursing facilities and employees, board members and principal officers of dispensaries.
* Conditions for which the medical use of marijuana is authorized.
* Authorized conduct for participating in the MMMP.
* Dispensary requirements.
* Program oversight.
* Appeal rights.
EFFECTIVE DATE: May 5, 2010
AGENCY CONTACT PERSON: Catherine M. Cobb, Director, Division of Licensing and Regulatory Services, 41 Anthony Ave, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 287-2979. Fax: (207) 287-5807. E-mail: Catherine.Cobb@Maine.gov
URL: http://www.maine.gov/dhhs/dlrs/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov