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Home > Weekly Notices > January 12, 2011

January 12, 2011

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.


NOTICE


AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections & Commissions
RULE TITLE OR SUBJECT: Request for Comments on the Maine Administrative Procedure Act
CONCISE SUMMARY: By the end of January, 2011, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include any comments on these recommended improvements in the report.
STATUTORY AUTHORITY: 5 MRSA §8056-A
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 27, 2011
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary of State, 101 State House Station, Augusta, ME 04333. Telephone: (207) 624-7650. Fax: (207) 287-6545. E-mail: Don.Wismer@Maine.gov
WEBSITE: http://www.maine.gov/sos/cec/rules/index.html


PROPOSALS: proposals are frozen by Executive Order.




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 43, Hospice Services
ADOPTED RULE NUMBER: 2010-649
CONCISE SUMMARY: These rules permanently adopt previously filed emergency rules reflecting the codes necessary when billing through Maine Integrated Health Management Solution (MIHMS), therefore, allowing providers to bill correctly in the new system. In addition, these rules permanently adopt the previously filed emergency rule permitting terminally ill MaineCare members under the age of 21 to receive hospice services without requiring them to forgo other treatments covered by MaineCare. This implements Section 2302 of the Affordable Care Act (Pub. L. No. 111-148 as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. No. 111-152)).
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: January 4, 2011
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) 606-0215 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: 10-144 - Department of Health and Human Services (DHHS), Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 332, Mainecare Approved Policy #254A:
Part 2, Basic Eligibility Criteria
Part 3, Family Related Coverage
Part 7, SSI Related Budgeting
Part 8, Medicare Buy-In
Part 13, Home and Community Based Waiver
Part 17, Income
Appendix J, Computation of Utility Standard
Chart 3.10, Premiums for HIV Benefit
ADOPTED RULE NUMBER: 2010-650
CONCISE SUMMARY: The Home and Community-Based Support Services Waiver provides work support and other services to help people live independently. Individuals who are eligible for services under this waiver program will be allowed a Personal Needs Allowance equal to 200% of the Federal Poverty Level. The increase in the Personal Needs Allowance means that clients will retain more of their income for personal needs. Clients will also pay less for services they receive under the waiver program.
Children who are Alaska Natives or Native American Indians who are members of Federally-recognized Tribes are exempt from being assessed monthly premiums to participate in Katie Beckett coverage. This rule clarifies this exemption.
The rule also makes non-substantive revisions and clarifications to Parts 2, 3, 8, 13 and 17, Appendix J, and Chart 3.10.
EFFECTIVE DATE: January 4, 2011
AGENCY CONTACT PERSON: Doreen McDaniel, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011. Telephone: (207) 287-4076. TTY: (800) 606-0215. E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/OIAS/
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 96, Private Duty Nursing and Personal Care Services
ADOPTED RULE NUMBER: 2011-1
CONCISE SUMMARY: The Department adopts this final rule with the following changes: the 15 minute rate for RN services is $10.58, (an increase to the proposed rate of $9.25), due to comments received during rulemaking. Some providers and recipients were concerned that the proposed rate of $9.25 for RN services was too low and therefore some providers would refuse to provide services at this rate. The Department believes that this higher rate can be achieved while maintaining cost neutrality. The rule also makes changes to the titles of some services, in order to comply with the National Correct Coding Initiative (NCCI).
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: January 9, 2011
AGENCY CONTACT PERSON: Amy MacMillan, Comprehensive Health Planner II, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Amy.MacMillan@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 45.05(1)(A)(2), Shrimp Season, 2010– 2011
ADOPTED RULE NUMBER: 2011-2
CONCISE SUMMARY: These regulations adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing the 2010–2011 shrimp season. The season will take place from December 1, 2010 through April 15, 2011. The season for the harvest of shrimp by trawl and by trap would be the same dates.
EFFECTIVE DATE: January 8, 2011
AGENCY CONTACT PERSON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008. Telephone: (207) 633-9584. TTY: (207) 633-9500. E-mail: Laurice.Churchill@Maine.gov .
WEBSITE: http://www.maine.gov/dmr/index.htm .



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 Consumer Products (Sections 1-4 and 6)
ADOPTED RULE NUMBER: 2011-3
CONCISE SUMMARY: The finally adopted portion of Ch. 882 (Sections 1-4 and 6): a) designates bisphenol A as a priority chemical, b) requires manufacturers of toys, tableware and infant formula and baby food sold in containers that contain intentionally-added bisphenol A to report information on the use and likelihood of exposure to children of bisphenol A from use of those products, and c) requires manufacturers of infant formula and baby food sold in containers that contain intentionally-added bisphenol A to submit an alternatives assessment to the department.
EFFECTIVE DATE: January 9, 2011
AGENCY CONTACT PERSON: Andrea Lani, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-5902. E-mail: Andrea.Lani@Maine.gov .
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 883, Designation of the Chemical Class Nonylphenol and Nonylphenol Ethoxylates as a Priority Chemical
ADOPTED RULE NUMBER: 2011-4
CONCISE SUMMARY: Ch. 883 designates the chemical class nonylphenol and nonylphenol ethoxylates as a priority chemical and requires manufacturers of household and commercial cleaning products, personal care products and home maintenance products that contain intentionally-added nonylphenol or nonylphenol ethoxylates to report on the use of the chemicals in those products and likelihood that children may be exposed from those uses. Copies of the rule at www.maine.gov/dep/oc/safechem/rules.htm.
EFFECTIVE DATE: January 9, 2010
AGENCY CONTACT PERSON: Andrea Lani, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-5902. E-mail: Andrea.Lani@Maine.gov .
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine CDC, Division of Environmental Health, Health Inspection Program
CHAPTER NUMBER AND TITLE: Ch. 201, Rules Relating to the Administration and Enforcement of Establishments Licensed by the Health Inspection Program
ADOPTED RULE NUMBER: 2011-5
CONCISE SUMMARY: The changes to Ch. 201 add and clarify definitions and terms, add a requirement for a certified food protection manager, add a requirement for delegated municipalities to submit reports in a particular format, clarify the inspection, licensing, and enforcement processes, and creates a graduated fee schedule for all licenses administered under these rules. The Department adopted these changes to increase the protection of public health, clarify the processes for both the regulated community and the Department, as well as establish a fee schedule that will support the Department’s Health Inspection Program itself.
EFFECTIVE DATE: January 18, 2011
AGENCY CONTACT PERSON: Tera R. Pare, J.D., Rulemaking Coordinator, Division of Environmental Health, 286 Water Street, Augusta, ME (11 State House Station) 04333-0011. Telephone: (207) 287-5680 . E-mail: Tera.Pare@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/eng/el/ .
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine CDC, Division of Environmental Health, Subsurface Wastewater Unit
CHAPTER NUMBER AND TITLE: Ch. 240, Rules for the Appointment and Administration of Local Plumbing Inspectors
ADOPTED RULE NUMBER: 2011-6
CONCISE SUMMARY: The Department proposes changes to these Rules to incorporate a permit fee schedule, to achieve compliance with recently amended 30-A M.R.S. §4211(5). In addition to adopting a new permit fee schedule, the Rules also make technical changes and updates references to Departmental agencies and the Department’s responsibilities relating to the appointment and supervision of local plumbing inspectors.
EFFECTIVE DATE: January 18, 2011
AGENCY CONTACT PERSON: Tera R. Pare, J.D., Rulemaking Coordinator, Subsurface Waste Water Unit, Division of Environmental Health, Maine CDC, Department of Health and Human Services, 11 State House Station, 286 Water Street, Key Bank Plaza, 3rd Floor, Augusta, ME 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/eng/plumb/ .
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine CDC, Division of Environmental Health, Subsurface Wastewater Unit
CHAPTER NUMBER AND TITLE: Ch. 242, Rules for Conversion of Seasonal Dwelling Units into Year-round Residences
ADOPTED RULE NUMBER: 2011-7
CONCISE SUMMARY: The Department proposes changes to these Rules to make them consistent with changes to the design and location criteria for subsurface wastewater disposal systems, which are established, pursuant to Maine’s Subsurface Wastewater Disposal Rules at 10-144 CMR 241. These Rules include technical language to update references to Departmental agencies and relevant statutes, and streamline the process for seeking administrative and judicial review of agency seasonal permitting decisions.
EFFECTIVE DATE: January 18, 2011
AGENCY CONTACT PERSON: Tera R. Pare, J.D., Rulemaking Coordinator, Subsurface Waste Water Unit, Division of Environmental Health, Maine CDC, Department of Health and Human Services, 11 State House Station, 286 Water Street, Key Bank Plaza, 3rd Floor, Augusta, ME 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/eng/plumb/ .
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Approved Rule #169A, Expansion of Categorically Eligible Households, Changes Regarding Late Six Month Reports, OIAS Address and TANF References
ADOPTED RULE NUMBER: 2011-8
CONCISE SUMMARY: This rule provides for the following:
1. It expands categorical eligibility for households that are at or below 185% federal poverty level.
2. This implements an approved FNS waiver that allows cases to be reinstated when a six-month report is received in the seventh month; this corrects FS policy to comply with the waiver that states that cases will be prorated, when the report is received.
3. Minor adjustments in text are made such as updating the address of the OIAS office and changing a reference to AFDC to TANF.
EFFECTIVE DATE: November 1, 2010
AGENCY CONTACT PERSON: Karen L. Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011. Telephone: (207) 287-7118. TTY: (800) 606-0215. E-mail: Karen.L.Curtis@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/OIAS/ .
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 17-229 - Department of Transportation (DOT)
CHAPTER NUMBER AND TITLE: Ch. 106, Rules for the Transportation Planning Incentive Program
ADOPTED RULE NUMBER: 2011-9
CONCISE SUMMARY: These Rules establish a procedural process whereby applicants for funding under the Maine Department of Transportation's competitive Quality Community Program may earn incentive bonus points by adopting and enforcing relevant ordinances in accordance with an approved Community Transportation Plan adopted pursuant to the Growth Management Act and/or the Sensible Transportation Policy Act. They are designed to encourage sound transportation planning and protect the integrity of regional transportation systems and thereby prevent or reduce the need for costly future capacity or retrofitting expenditures associated with unmanaged development along state transportation corridors. These routine technical rules were developed and adopted pursuant to legislative mandate contained in 23 MRSA §73-A.
EFFECTIVE DATE: January 11, 2011
AGENCY CONTACT PERSON: Dan Stewart, Maine Department of Transportation, Bureau of Transportation Systems Planning, 16 State House Station, Augusta, ME 04333. Telephone: (207) 624-3252. E-mail: Dan.Stewart@Maine.gov .
WEBSITE: http://www.maine.gov/mdot/
DOT RULE-MAKING LIAISON: Theresa.Savoy@Maine.gov .



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4.05, Moose Hunting
PROPOSED RULE NUMBER: 2011-10
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule establishing the number of moose hunting permits to be issued for the 2011 moose hunting season. Permits will be issued for bulls and antlerless in each of the WMDs with permit allocations. Permits are allocated according to Wildlife Management District as follows:

WMD 1 – 120 bulls / 20 antlerless
WMD 2 – 125 bulls/ 125 antlerless
WMD 3 – 200 bulls / 290 antlerless
WMD 4 – 255 bulls
WMD 5 – 125 bulls
WMD 6 – 220 bulls / 280 antlerless
WMD 7 – 125 bulls
WMD 8 – 235 bulls
WMD 9 – 50 bulls
WMD 10 – 100 bulls / 10 antlerless
WMD 11 – 160 bulls / 120 antlerless
WMD 12 – 35 bulls / 20 antlerless
WMD 13 -- 35 bulls / 10 antlerless
WMD 14 – 35 bulls
WMD 15 – 25 any-moose*
WMD 16 – 20 any-moose*
WMD 17 – 30 bulls / 30 antlerless
WMD 18 – 70 bulls / 20 antlerless
WMD 19 – 80 bulls / 20 antlerless
WMD 22 – 20 any-moose
WMD 23 – 45 any-moose*
WMD 25 – 45 any-moose
WMD 26 – 45 any-moose*
WMD 27 – 25 bulls
WMD 28 – 35 bulls
TOTAL: 2,060 bulls / 945 antlerless / 200 any-moose
EFFECTIVE DATE: January 11, 2011
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine CDC, Division of Environmental Health, Subsurface Wastewater Unit
CHAPTER NUMBER AND TITLE: Ch. 241, Subsurface Waste Water Disposal Rules
ADOPTED RULE NUMBER: 2011-11
CONCISE SUMMARY: The Department proposes to rearrange the content of these Rules to make them easier to read and use, to add criteria regarding installation of septic systems adjacent to regulated wetlands and water bodies, to revise fees to comply with recently amended 30-A M.R.S. §4211(5), to update design flows for septic systems, and to correct errors and inconsistencies.
EFFECTIVE DATE: January 18, 2011
AGENCY CONTACT PERSON: Tera R. Pare, J.D., Rulemaking Coordinator, Subsurface Waste Water Unit, Division of Environmental Health, Maine CDC, Department of Health and Human Services, 11 State House Station, 286 Water Street, Key Bank Plaza, 3rd Floor, Augusta, ME 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/eng/plumb/ .
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov