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Home > Weekly Notices > July 28, 2010

July 28, 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: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Ch. 39, Proposed Statement for Administering the 2011 Maine Community Development Block Grant Program
PROPOSED RULE NUMBER: 2010-P185
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §13058 sub-§3
PUBLIC HEARING: August 20. 2010, 9: 30a.m., Augusta Post 2 American Legion, Capitol Street Extension, Augusta, Maine 04330
DEADLINE FOR COMMENTS: September 1, 2010, 4:00 p.m.
AGENCY CONTACT PERSON: Michael D. Baran, Director, OCD, Department of Economic and Community Development, Office of Community Development, 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059. Telephone: (207) 624-9816. E-mail: Mike.Baran@Maine.gov
WEBSITE: http://www.maine.gov/decd/meocd/



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4.02, Migratory Bird Hunting Season
PROPOSED RULE NUMBER: 2010-P186
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider adoption of the following rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds (SUBJECT TO CHANGE TO COMPLY WITH FINAL FEDERAL GUIDELINES PUBLISHED IN SEPTEMBER).
1) Ducks (not including mergansers):
NORTH ZONE: September 27 through December 4, 2010
SOUTH ZONE: October 4 through October 23, 2010, November 8 through December 25, 2010
Daily Limit 6 ducks, no more than 4 of any one species; possession limit 12, no more than 8 of any one species, with the following exceptions:
a. Closed season for harlequin ducks and Barrow’s goldeneye.
b. Daily limit: 1; possession limit: 2 for black ducks, northern pintail, mottled ducks, and fulvous whistling ducks.
c. Daily limit: 2; possession limit: 4 for hen mallard and redhead ducks.
d. Scaup and Canvasback: Season dates will not be determined until the U.S. Fish & Wildlife Service determines the current breeding population and regulatory package allowable.
e. Daily limit of 6; possession limit: 12 for teal (no more than 4 of any one species in the daily limit or 8 in the possession limit).
f. Daily limit: 3; possession limit: 6 for wood ducks.
2) Mergansers and American coots: SEASON SAME AS DUCKS.
Mergansers: Daily limit 5 in the aggregate; possession limit 10 with the following exceptions: Hooded mergansers: daily limit: 2; possession limit: 4.
American coot: Daily limit 5, possession limit 10.
3) Canada Geese (Early Season): September 1 through September 25, 2010.
NORTH ZONE: Daily limit 6; possession limit: 12.
SOUTH ZONE: Daily limit 8; possession limit: 16.
Regular Goose Season –
NORTH ZONE: October 4 through December 11, 2010.
SOUTH ZONE: October 4 through October 23, 2010; November 8 through December 25, 2010.
Daily limit: 2; possession limit: 4
4) Snow Geese: October 4, 2010 - January 31, 2011. Daily limit 15; no possession limit.
5) Brant:
NORTH ZONE: October 4 through November 30, 2010
SOUTH ZONE: October 4 through October 23, 2010; November 8 through December 14, 2010
Daily limit 3; possession limit 6.
6) Special Falconry Season: In addition to the regular migratory bird season on ducks, geese, mergansers, and American coots:
NORTH ZONE: December 13, 2010 through February 3, 2011.
SOUTH ZONE: January 5, 2011 through February 26, 2011.
Falconry season daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 6 birds respectively, singly or in the aggregate.
7) Sea Ducks: (scoters, eiders, and long-tailed ducks in the sea duck zone): October 1, 2010 through January 31, 2011. Daily limit 7; possession limit 14 with following exceptions: Scoter: daily limit: 4; possession limit: 8; Common Eider: daily limit: 4; possession limit: 8.
8) Woodcock: October 1 – October 30, 2010; Daily limit 3; possession limit 6.
9) Common Snipe: September 1 – December 16, 2010
10) Rails (Sora and Virginia): September 1 – November 9, 2010. Daily limit 25; possession limit 25
11) Moorhens and Gallinules: Closed Season
12) YOUTH WATERFOWL HUNT: September 18, 2010. Bag limits as above. Special regulations will apply to youth and accompanying adult.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §§ 10104 and 11855
PUBLIC HEARING: Wednesday, August 18, 2010 at 6:30 p.m. at the Augusta Civic Center, Kennebec/Penobscot Room, Community Drive, Augusta, ME
DEADLINE FOR COMMENTS: August 18, 2010
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333; E-mail: Andrea.Erskine@Maine.gov
WEBSITE: http://www.maine.gov/ifw/



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Audit
RULE TITLE OR SUBJECT: Ch. 30, Maine Uniform Accounting and Auditing Practices for Community Agencies
PROPOSED RULE NUMBER: 2010-P187
CONCISE SUMMARY: A complete revision of MAAP regulations is necessary due to significant changes that have occurred in accounting and auditing standards and federal regulations since the last major revision in December, 1996. The proposed MAAP regulations more closely mirror Federal Circulars OMB A-87, Cost Principles for State, Local, and Indian Tribal Governments, OMB A-102, Grants and Cooperative Agreements with State and Local Governments, OMB A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, OMB A-122, Cost Principles for Non-Profit Organizations and OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. In addition, the regulations are updated to reflect the latest auditing standards promulgated by the American Institute of Certified Public Accountants.
The proposed rule was previously issued requesting a thirty (30) day comment period. More than five people requested a public hearing. Therefore a public hearing has been scheduled.
See http://www.maine.gov/dhhs/audit/social-services for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §1660-H
PUBLIC HEARING: August 18, 2010, 9:00 a.m., Conference Room # 1A, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04333. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 10, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight August 28, 2010
AGENCY CONTACT PERSON: Caroll P. Thompson, CPA, DHHS Division of Audit , 11 State House Station Augusta, Maine 04333-0011. Telephone: (207) 287-2775. Fax: (207) 287-2601. TTY: 1 (800) 606-0215 (Deaf or Hard of Hearing). E-mail: Caroll.Thompson@maine.gov .
WEBSITE: http://www.maine.gov/dhhs/audit/index.shtml
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 882, Designation of Bisphenol A as a Priority Chemical and Regulation of Bisphenol A in Children’s Products
PROPOSED RULE NUMBER: 2010-P188
CONTACT PERSON FOR THIS FILING: Andrea Lani, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-5902. Fax: (207) 287-7826. E-mail: Andrea.Lani@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: 1:00 p.m., August 19, 2010, Holiday Inn/Ground Round, Augusta
COMMENT DEADLINE: August 30, 2010. Comments may be submitted by mail, e-mail or fax to the contact person listed above. To ensure the comments are considered, they must include your name and the organization you represent, if any. A copy of the proposed rule is available upon request from the contact above.
BRIEF SUMMARY: The proposed rule will designate bisphenol A (BPA) as a priority chemical. It will require manufacturers of toys, childcare articles and tableware that contains BPA to report on chemical usage in those products; require manufacturers of baby food and formula sold in containers that contain BPA to report on chemical usage and known alternatives; and prohibit the sale of reusable food and beverage containers that contain BPA beginning January 1, 2012.
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 1691 through 1699-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 65, Behavioral Health Services
PROPOSED RULE NUMBER: 2010-P189
CONCISE SUMMARY: This rule making will permanently adopt emergency rules that were put into effect 7/1/2010 pursuant to the supplemental budget, LD 1671, Part OOO, §OOO-1, resulting in a 2% (two percent) reduction in Children’s Home and Community Based Treatment and Collateral Contacts and a 10% (ten percent) reduction in Family Psychoeducation Treatment Program Services, Neurobehavioral Status exam, Psychological testing, and Opioid Treatment. Additionally, the proposed rule adopts specific eligibility requirements for services beyond seventy two (72) quarter hour units of service in a service year for Mental Health Outpatient Services.
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, §3173, PL, Ch.571, and Part RRRR-1, Part A §21-25.
PUBLIC HEARING: August 16, 2010, 2:00 p.m., Conference Room # 1A, Department of Health and Human Services, 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 July 30, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight, August 26, 2010.
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


ADOPTIONS



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 & III Section 5, Ambulance Services
ADOPTED RULE NUMBER: 2010-313
CONCISE SUMMARY: This rulemaking is adopting language in Ch. II to lift prior authorization requirements for all four air ambulance transportation services when performed within state borders. Out of state air ambulance services continue to require prior authorization following the guidelines set forth in Section 1.14-2 of the Maine Care Benefits Manual.
Reflecting the 2010-2011 Supplemental Budget (P.L. 2009, c. 571, Part A, Section 26) allowance, Chapter III rates change to 70% of Medicare-allowed rates. These set-rate fees are in response to the CMS requirements of 42 CFR 414.601 et seq., as well as serve to replace the supplemental payments used in previous rulemakings under this Section. These rules will become effective on August 1, 2010, prior to the implementation of Maine Integrated Health Management Solution (MIHMS).
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: August 1, 2010
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, MaineCare Services, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Delta.Cseak@Maine.gov .
WEBSITE: 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. III Section 7, Free Standing Dialysis Services
ADOPTED RULE NUMBER: 2010-314
CONCISE SUMMARY: This final rule requires that providers bill using HCPCS codes along with Revenue codes when billing for Free-Standing Dialysis Services. This will be effective upon implementation of the new claims system, MIHMS, with a 30 day notice to providers. This is necessary in order to be consistent with Medicare guidelines, satisfy correct coding, and to remain HIPAA compliant.
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: July 26, 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
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 94-411 - Maine Public Employees Retirement System
CHAPTER NUMBER AND TITLE: Ch. 414 (New), Required Minimum Distributions
ADOPTED RULE NUMBER: 2010-315
CONCISE SUMMARY: This rule establishes the date on which a member must begin to receive a service retirement benefit or a withdrawal of accumulated contributions under a retirement program pursuant to Internal Revenue Code Section 401(a)(9) and any Code requirements on the form of distribution. The rule also sets forth the manner in which service retirement benefits and withdrawal of accumulated contributions will be paid if a member fails to make application prior to the date that a distribution is required to be paid under the applicable Internal Revenue Code. The rule is required in order to bring the defined benefit plans administered by MainePERS into compliance with the Internal Revenue Code in order to maintain qualified plan status.
EFFECTIVE DATE: July 26, 2010
AGENCY CONTACT PERSON: Kathy Morin, Maine Public Employees Retirement System, 46 State House Station, Augusta, Maine 04333-0046. Telephone: 512-3190 or 1 (800) 451-9800. E-mail: Kathy.Morin@mainepers.org
WEBSITE: www.mainepers.org



AGENCY: 10-144 - Department of Health and Human Services, Maine Center for Disease Control
CHAPTER NUMBER AND TITLE: Ch. 297, Dental Care Access Credit Program
ADOPTED RULE NUMBER: 2010-316
CONCISE SUMMARY: These rules define the terms and conditions for participation in the Dental Care Access Credit Program, a time-limited program which certifies up to 5 eligible dentists for calendar year 2009 and up to 5 additional eligible dentists for calendar year 2010, allowing them a credit against individual state income taxes.
The Department adopted emergency rules, with an effective date of February 12, 2010. These rules permanently adopt those emergency rules, and also have a retroactive application date of February 12, 2010.
EFFECTIVE DATE: July 27, 2010
AGENCY CONTACT PERSON: Judith A. Feinstein, Oral Health Program, 11 State House Station, 286 Water Street, 5th floor, Augusta, ME 04333-0011. Telephone: (207) 287-3267. E-mail: Judith.A.Feinstein@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/boh/index.shtml
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



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: 2010-317
CONCISE SUMMARY: 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, Ch. 631 (Emergency Preamble) amended the initiated law, and became effective April 9, 2010. These rules implement the Maine Medical Use of Marijuana Program (MMMP). The rules include: (1) provisions to transition patients and caregivers to a registry identification card system for the continued medical use of marijuana under the new law; (2) criteria for selecting 8 dispensaries in the first year; (3) the process to secure departmentissued registry identification cards for patients, primary caregivers, staff of hospice providers and nursing facilities and employees, board members and principal officers of dispensaries; (4) conditions for which the medical use of marijuana is authorized; (5) authorized conduct for participating in the MMMP; (6) dispensary requirements; (7) program oversight; and (8) appeal rights. The adopted rules are available on line at:
http://www.maine.gov/dhhs/dlrs/rulemakingladopted.shtml . To request a paper copy of the rules, please call (207) 287-9300 or 1 (800) 791-4080. The Economic Impact statement describing the administrative effects on small business may be obtained from Catherine Cobb at the address below.
EFFECTIVE DATE: August 4. 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
WEBSITE: http://www.maine.gov/dhhs/dlrs/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov