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Home > Weekly Rule-making Notices > December 14, 2011

December 14, 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



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 (hearing continued; comment deadline extended)
CONTACT PERSON FOR THIS FILING: Mike Mullen, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 446-1611. Fax: (207) 287-7826. E-mail: Mike.Mullen@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Julie Churchill. Telephone: (207) 287-7811. E-mail: Julie.M.Churchill@Maine.gov .
PUBLIC HEARING CONTINUED: reconvenes Thursday, December 15, 2011 at 12:00 (noon), Department of Public Safety – Florian Hall, 45 Commerce Drive, Augusta, ME.
COMMENT DEADLINE EXTENDED to 5:00 p.m. on December 27, 2011. 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.
BRIEF SUMMARY: The Board of Environmental Protection conducted a public hearing on Thursday, December 1, 2011 regarding proposed amendments to Ch. 305, Section 20. During the hearing the Board received testimony regarding inland waterfowl and wading bird habitat that merited a continuation of the hearing. The hearing is being continued to allow Board members to ask questions of staff biologists from the Department of Inland Fisheries and Wildlife related to the science referenced during the initial hearing. The focus of the continued hearing will be limited to the Board’s questions of, and scientific evidence from, the Department of Inland fisheries and Wildlife.
In P. L. 2011, Ch. 359, the Department of Environmental Protection is directed to amend its rules concerning permit by rule under the Natural Resources Protection Act to allow activities occurring in high or moderate value waterfowl and wading bird habitat to be eligible for permit by rule.
IMPACT ON MUNICIPALITIES OR COUNTIES: No impact is anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §341-D(1), 38 MRSA §480-H and P. L. 2011, Ch. 359
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: P. L. 2011, Ch. 359
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 02-298 - Department of Professional and Financial Regulation (P&FR), Office of Professional and Occupational Regulation (OPOR), Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 220, Educational Course Requirements
PROPOSED RULE NUMBER: 2011-P263
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Carol Leighton, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8520. E-mail: Carol.J.Leighton@Maine.gov .
PUBLIC HEARING: January 3, 2012, 9:00 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: January 13, 2012
BRIEF SUMMARY: This amendment to Ch. 220 implements PL 2011, c. 286, sec. L-2 by establishing a continuing education course approval mechanism that will be administered by the board. This amendment will provide an alternate pathway for the approval of continuing education programs in Maine in addition to the national program approval process offered by the (federal) Appraisal Qualifications Board. The proposed rule may be downloaded from OPOR’s web site at www.maine.gov/professionallicensing .
DETAILED BASIS STATEMENT / SUMMARY: This amendment to Ch. 220 implements PL 2011, c. 286, sec. L-2 by establishing a continuing education course approval mechanism that will be administered by the board. This amendment will provide an alternate pathway for the approval of continuing education programs in Maine in addition to the national program approval process offered by the (federal) Appraisal Qualifications Board ("AQB").
The amendment contains criteria for program approval, application procedures, and enforcement provisions. Approval is limited to programs of no less than 2 hours of actual instructional time that are taught "live" in a traditional classroom or seminar setting. Approval will be valid for a 1-year period and will permit the sponsor to offer unlimited repeat presentations of the approved program during the 1-year approval period. The application fee for program approval will be set by the Director of the Office of Licensing and Registration in a separate rulemaking proceeding.
The AQB requires that certified residential and certified general real property appraisers complete the 7-hour National USPAP Update Course every 2 years, and complete 14 hours of overall continuing education annually. See Appraisal Qualifications Board Real Property Appraiser Qualifications Criteria (Revised January 1, 2008), Criteria Applicable to all Appraiser Classifications, Section III(F)(8) and (11).
Prior to July 21, 2011, the effective date of P.L. 111-203, Title XIV, Subtitle F, §1473(j), amending 12 USC §3345(c) and (e), the AQB only has statutory authority to recommend, but not require, license qualification or renewal standards for licensed residential real property appraisers and trainee real property appraisers. Effective July 21, 2011, the AQB license qualification and renewal standards are binding on licensed residential real property appraisers and trainee real property appraisers. See notes following 12 USCS §3345 and 15 USCS §1601. In this chapter, the board accordingly requires all licensees to complete the USPAP Update Course biennially, and to complete a total of 14 hours of continuing education each year.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §14012; 32 MRSA §14027, as amended by PL 2011, c. 286, sec. L-2
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED 12 USC §3345 (Title XI of the Financial Institutions Recovery, Reform and Enforcement Act of 1989, as amended, Real Estate Appraisal Reform Amendments, Section 1116)
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/appraisers/index.htm .
OPOR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .



AGENCY: 02-041 - Department of Professional and Financial Regulation (P&FR), Office of Professional and Occupational Regulation (OPOR)
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2011-P264
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeffrey Frankel, Staff Attorney, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8615. E-mail: Jeffrey.M.Frankel@Maine.gov .
PUBLIC HEARING: January 3, 2012, 9:00 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: January 13, 2012
BRIEF SUMMARY: This Office of Professional and Occupational Regulation (“OPOR”) proposes to: (1) establish a $25 annual license fee for the new limited barber license, (2) eliminate license renewal fees for student intern pharmacy technicians and eliminate the additional license fee for student intern pharmacy technicians who also work as ordinary pharmacy technicians outside of the internship, (3) establish a $200 fee for applications for continuing education course approval made to the Board of Real Estate Appraisers, (4) convert the $225 biennial license fee for speech-language pathologists, audiologists and combined speech-language pathologists/audiologists to a $110 annual fee, and (5) lower the annual fee for temporary speech-language pathologists and audiologists from $225 to $110. The proposed rule may be downloaded from OPOR’s web site at www.maine.gov/professionallicensing .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE:10 MRSA §8003(2-A)(D); 32 MRSA §13724; 32 MRSA §14238; 32 MRSA §14012-A; 32 MRSA §17309
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/professionallicensing/index.shtml .
OPOR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 1(1), Payment of Benefits: 14-day rule
PROPOSED RULE NUMBER: 2011-P265
CONCISE SUMMARY: The proposed rule amends the Board's "fourteen day rule". The amendment:
* specifies to whom notice of a claim for incapacity benefits must be made;
* in the event a Notice of Controversy is not filed within 14 days of a claim for incapacity, benefits must be paid from the date the claim is made instead of the current requirement that benefits be paid from the date of incapacity
* clarifies that the violation ends when a Notice of Controversy is filed and benefits are paid
* provides that the payment obligation ends even if the average weekly wage and/or compensation rate was calculated incorrectly as long as the payment was reasonable and based on information gathered at the time of the payment.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA §152(2)
PUBLIC HEARING: Wednesday, January 4, 2012 ,9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Tuesday, January 17, 2012, 5:00 p.m.
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: John Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, ME 04333-0027. Telephone: (207) 287-7091. E-mail: John.Rohde@Maine.gov .
WEBSITE: http://www.maine.gov/wcb/ .



AGENCY: 10-144 - Maine Department of Health & Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health, Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 228, Maine Rules Relating to Fluoridation of Public Water Systems
PROPOSED RULE NUMBER: 2011-P266
CONCISE SUMMARY: The Maine Drinking Water Program proposes to repeal the State of Maine Rules Relating to Fluoridation of Public Water Systems and incorporate relevant sections into Section 4 of the Maine Rules Relating to Drinking Water.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S. §§ 2611, 2651-2659.
PUBLIC MEETING/HEARING: January 5, 2012 at 2:30 p.m. on 3rd Floor of Key Bank Plaza, 286 Water Street, Augusta, Maine.
DEADLINE FOR COMMENTS: January 16, 2012
AGENCY CONTACT PERSON: Tera Pare, J.D., Rulemaking Coordinator, Maine Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5680. TTY: (207) 287-5550. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/eng/water/ .



AGENCY: 10-144 - Maine Department of Health & Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health, Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 231, Maine Rules Relating to Drinking Water
PROPOSED RULE NUMBER: 2011-P267
CONCISE SUMMARY: The Maine Drinking Water Program proposes various revisions to the Rules Relating to Drinking Water, including the transfer of certain fluoridation provisions in its present 10-144 CMR Ch. 228, Rules Relating to the Fluoridation of Public Water Systems (accompanied by the repeal of the Ch. 228 rules), the addition of new optimal fluoridation range for public water systems, the addition of definitions for technical fluoridation terms, a new definition for the term “Designated Operator in Responsible Charge”, new requirements for licensed water operators to sign monthly operator reports, adding a cap on annual base fees to comply with recent statutory revisions, clarify water testing requirements for new sources, and update citations in Sections 7 and 9 of the Ch. 231 Rules to the Code of Federal Regulations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S. §§ 2611, 2651-2659
PUBLIC MEETING/HEARING: January 5, 2012 at 2:30 p.m., 3rd Floor of Key Bank Plaza, 286 Water Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 16, 2012
AGENCY CONTACT PERSON: Tera Pare, J.D., Rulemaking Coordinator, Maine Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5680. TTY: (207) 287-5550. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/eng/water/ .


ADOPTIONS



AGENCY: 90-351 - Workers’ Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 5, Medical Fees, Reimbursement Level, Reporting Requirements
ADOPTED RULE NUMBER: 2011-430
CONCISE SUMMARY) This rule repeals and replaces the existing rule. The rule enacts schedules of maximum reimbursement for inpatient, outpatient and surgical center facility fees. With respect to the $60 conversion factor and updating to the most recent CPT and RBRVS codes/weights, the Board is still in the process of considering private 3rd-party payor average payment rates obtained from the Maine Health Data Organization; any material administrative burden imposed on providers by the nature of the workers' compensation system; and, the goal of maintaining broad access for employees to all individual health care practitioners and health care facilities in the State.
EFFECTIVE DATE: December 11, 2011
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station, Augusta, Maine 04333-0027. Telephone: (207) 287-7086. E-mail: John.Rohde@Maine.gov .
WEBSITE: http://www.maine.gov/wcb/



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4.06, Wild Turkey Hunting, Spring Season
ADOPTED RULE NUMBER: 2011-431
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule that will establish an annual spring turkey hunt and set season dates as follows: There shall be an open spring season for the hunting of wild turkey within the wild turkey hunting zone, except for those areas closed to hunting described in Title 12 Ch. 925, subchapter 1, beginning on the Monday closest to May 1st and continuing for five consecutive weeks. This rule will also remove Section C that assigned permits for hunting zones based on an odd and even year date of birth system.
EFFECTIVE DATE: December 13, 2011
AGENCY CONTACT PERSON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .



AGENCY: 10-144 - Department of Health and Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual
ADOPTED RULE NUMBER: 2011-432
CONCISE SUMMARY: Rule clarifies that Department’s involvement in a child support case begins with a referral from another agency or an application from a parent or guardian; deletes redundant language regarding the disregard of child support payments for the purpose of public assistance eligibility; deletes outdated language regarding an expired pilot project to provide child support services without need of an application; makes non-substantive technical changes regarding fees and costs; reorganizes and renumbers case closure criteria to conform to federal regulation; establishes two new federally mandated case closure criteria ; and implements federally mandated regulations, 75 FR 38612, regarding the provision of services in intergovernmental child support cases.
EFFECTIVE DATE: December 17, 2011
AGENCY CONTACT PERSON: Kevin Wells, General Counsel, Department of Health and Human Services, 221 State Street, State House Station #11, Augusta ME 04333. Telephone: (207) 287-4252. E-mail: Kevin.Wells@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .