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Home > Weekly Rule-making Notices > November 30, 2011

November 30, 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.


PROPOSALS



Change in hearing location:
AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 305, Permit by Rule Standards, Section 20: Activities Located In, On or Over High or Moderate Value Inland Waterfowl and Wading Bird Habitat, or Shorebird Nesting, Feeding, and Staging Areas
PROPOSED RULE NUMBER: 2011-P239
PUBLIC HEARING: December 1, 2011 at 9:00 a.m., Civic Center, 110 Community Drive, Augusta, ME.
All other details as published in the November 9 notice remain the same.



AGENCY: 12-152 - Department of Labor (DOL), Bureau of Rehabilitation Services
CHAPTER NUMBER AND TITLE: Ch. 12, Communication Devices for People with Disabilities Program Rules
PROPOSED RULE NUMBER: 2011-P255
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Elizabeth Hopkins, Division of Vocational Rehabilitation, 45 Commerce Street, 150 State House Station, Augusta, ME 04333-0150. Telephone: (207) 623-6745. Fax: (207) 287-5292. E-mail: Elizabeth.Hopkins@Maine.gov .
PUBLIC HEARING: None
COMMENT DEADLINE: December 30, 2011
BRIEF SUMMARY: This statute was changed in PL 173 in the 125 legislature session. Language was added to the existing Telecommunications Equipment Program (TEP) law which is paid for by the Universal Service Fund (USF). The language includes telecoil technology (hearing aids) to the TEP to serve elderly low-income residents that live independently.
In addition there are grammar and Rule title changes to reflect current terminology.
DETAILED BASIS STATEMENT / SUMMARY:
Why is this rule being proposed and how it will operate? See 5 §8053 sub-§2 ¶D: “If possible, contain the express terms of the proposed rule or otherwise describe the substance of the proposed rule, stating the subjects and issues involved and indicate where a copy of the proposed rule may be obtained.”
There is no public hearing scheduled for the rule change. Written public comment may be sent to Alice Crandall Johnson at the Division of Vocational Rehabilitation by Close of business (5:00 p.m.) December 30, 2011.
     E-mail: Alice.C.Johnson@Maine.gov
     Alice Crandall Johnson
     Division of Vocational Rehabilitation
     150 State house Station
     Augusta, Maine 04333-150
PRINCIPAL REASON OR PURPOSE FOR PROPOSING THIS RULE:
This statute was changed in PL 173 in the 125 legislature session. Language was added to the existing Telecommunications Equipment Program (TEP) law which is paid for by the Universal Service Fund (USF). The language includes telecoil technology (hearing aids) to the TEP to serve elderly low-income residents that live independently. Changes to the rule are described below.
Renaming the rule to "RULES FOR THE COMMUNICATION EQUIPMENT FUND PROGRAM FOR PEOPLE WITH DISABILITIES" formally COMMUNICATIONS DEVICES FOR PEOPLE WITH DISABILITIES PROGRAM RULES known familiarly as TEP.
Eligibility:
* Telecoil technology/hearing aid Program disability eligibility: Persons whose hearing ability in both ears is below 40 decibels pure tone average, as verified by a licensed audiologist or copy of a signed audiogram and are age 65 or older.
* Persons seeking telecoil technology/hearing aids through the Communication Equipment Fund Program. An applicant whose family gross annual income is below 135% of the U.S. Department of Agriculture National Poverty Guidelines adjusted for family size will have first priority for telecoil technology/hearing aids available at that time through the Communication Equipment Fund Program.
Telecoil Technology/Hearing Aids Order of Selection:
1) Aged 75 or older living alone;
2) Aged 70-75 and living alone;
3) Aged 75 or older;
4) Aged 65-75;
For purposes of this regulation, “living alone” means living without any roommate, spouse, child, or other assistance in a housing unit, whether that housing unit is a private home, apartment, assisted living facility, group housing or nursing home.
In addition there are grammar and Rule title changes to reflect current terminology.
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: Title 26, MRSA Ch. 19, Subchapter 2, Article 8, §1419 B-2
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/rehab/
DOL RULE-MAKING LIAISON: Adam.C.Fisher@Maine.gov .



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #01-12
PROPOSED RULE NUMBER: 2011-P256
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: December 23, 2011, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: December 23, 2011
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .



AGENCY: Department of Health and Human Services (DHHS), Division of Licensing and Regulatory Services
CHAPTER NUMBERS AND TITLES:
10-144 Ch. 503: Maine Certificate of Need Procedures Manual for Health Care Facilities (other than Nursing Care Facilities), and
10-149 Ch. 5 Section 71: Certificate of Need for Nursing Facility Level of Care Projects
PROPOSED RULE NUMBERS: 2011-P257, P258
CONTACT PERSON FOR THIS FILING /SMALL BUSINESS INFORMATION: Phyllis Powell, Division of Licensing and Regulatory Services, 41 Anthony Ave., 11 State House Station, Augusta, Maine 04333. Telephone: (207) 287-9300;(800) 791-4080. Fax: (207) 287-5807. E-mail: Phyllis.Powell@Maine.gov .
PUBLIC HEARING: No public hearing scheduled. Five interested persons may request a public hearing by contacting the person listed above.
COMMENT DEADLINE: December 30, 2011 at 5 p.m.
BRIEF SUMMARY: The 125th Legislature mandated DHHS to amend the Certificate of Need rules no later than January 1, 2012 to permit applications to be filed at any time, rather than on a cycle, and to allow applicants to waive having a technical assistance meeting. The Legislature also repealed the capital investment fund law. The proposed rules implement the statutory changes. The proposed rule is posted at http://www.maine.gov/dhhs/dlrs/rulemaking/proposed.shtml . Call (207) 287-9300 to have a paper copy of the rule mailed to you.
Economic impact. This proposed rule is not expected to fiscally impact or create new recording burdens for small businesses. This proposed rule is not expected to yield new costs for municipal or county governments. The 2 operational changes to the CON program increase efficiencies and streamline the CON process for applicants.
STATUTORY AUTHORITY FOR THIS RULE:22 MRSA Ch. 103-A, Maine Certificate of Need Act of 2002; Public Law 2011, Ch. 424; 22 MRSA §42, and 22-A MRSA §205.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
WEBSITE: http://www.maine.gov/dhhs/dlrs/ .
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 02-031 – Department of Professional and Financial Regulation (P&FR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendment to Ch. 850, Health Plan Accountability
PROPOSED RULE NUMBER: 2011-P259
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Sarah Hewett, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8412. E-mail: Sarah.Hewett@Maine.gov .
PUBLIC HEARING: December 20, 2011, 9:00 a.m., Central Conference Room, Maine Department of Professional & Financial Regulation Building, 76 Northern Avenue, Gardiner, ME
COMMENT DEADLINE: 5:00 p.m., January 6, 2012
BRIEF SUMMARY: The proposed amendments reflect changes to health plan network access standards and changes to grievance procedures, internal review and external review requirements.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRSA §§ 2772, 2774, 4218, 4218-A, 4222-A, 4303, 4309, and 4309-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Sections 8 and 9 of the proposed amendments assimilate the Rule with the U.S. Public Health Service Act Section 2719, interim final Internal Claims and Appeals and External Review Processes regulations (45 CFR 147.136) and 29 CFR 2560.503-1.
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .



AGENCY: 16-219 - Department of Public Safety (DPS), Office of State Fire Marshal
RULE TITLE OR SUBJECT: Ch. 36, Consumer Fireworks
PROPOSED RULE NUMBER: 2011-P260
CONCISE SUMMARY: This rule describes licensing procedures and safety regulations for retail sellers of consumer fireworks in Maine and incorporates by reference Ch. 7, Retail Sales of Consumer Fireworks, of National Fire Protection Association Code 1124, Code for the Manufacture, Transportation, Storage, and Retail Sale of Fireworks and Pyrotechnic Articles, 2006 edition.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA §236, 25 MRSA §2452
PUBLIC HEARING: December 19, 2011 at 1:00 p.m., Department of Public Safety, 45 Commerce Dr., Augusta, Maine 04330 in Florian Hall.
DEADLINE FOR COMMENTS: December 29, 2011
AGENCY/SMALL BUSINESS IMPACT CONTACT: Richard E. Taylor, Senior, Planning and Research Analyst, Department of Public Safety, Office of State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3873. E-mail: Richard.E.Taylor@Maine.gov .
WEBSITE: http://www.maine.gov/dps/fmo/index.htm .



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: 2011-P261
CONCISE SUMMARY: The Department is proposing new rules of the Maine Uniform Accounting and Auditing Practices for Community Agencies (MAAP). The Maine Legislature directed the Department to adopt new rules that are consistent with federal standards and preserve the authority of community agency boards. Amendments to Rule 10-144, Ch. 30 must be provisionally adopted by the Department as major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A not later than December 31, 2011 and submitted to the Second Regular Session of the 125th Legislature for consideration.
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; P.L. 2011, ch. 304, Sec. I-2
PUBLIC HEARING: December 16, 2011 at 9 a.m., Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: Comments must be received by midnight December 26, 2011.
AGENCY CONTACT PERSON: Caroll P. Thompson, CPA, DHHS Division of Audit, 11 State House Station, Augusta, Maine04333-0011.
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 .


ADOPTION



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #12-11
ADOPTED RULE NUMBER: 2011-414 (Emergency)
CONCISE SUMMARY: Minimum December 2011 Class I price is $21.72/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $25.27/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm .
EFFECTIVE DATE: December 4, 2011
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .