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Home > Weekly Rule-making Notices > January 9, 2013

January 9, 2013

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, 2013, 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 26, 2013
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


AGENCY: 04-061 - Department of Agriculture, Conservation & Forestry, Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 12, Land Use District Requirements for Metallic Mineral Mining and Level C Mineral Exploration Activities
PROPOSED RULE NUMBER: 2012-P270 (comment deadline extended)
BRIEF SUMMARY: The Maine Land Use Planning Commission is extending the deadline for receiving public comment on proposed changes to Ch. 12, Land Use District Requirements for Metallic Mineral Mining and Level C Mineral Exploration Activities, to February 4, 2013. The deadline for rebuttal comments is extended to February 11, 2013. In order to reflect changes outlined in recent legislation, PL 2011, Ch. 653 (enacting LD 1853), the Commission must update its rules regarding rezoning for metallic mineral mining and level C mineral exploration activities.
DETAILED BASIS STATEMENT / SUMMARY: The Maine Land Use Planning Commission is extending the deadline for receiving public comment on proposed changes to Ch. 12, Land Use District Requirements for Metallic Mineral Mining and Level C Mineral Exploration Activities, to February 4, 2013. The deadline for rebuttal comments is extended to February 11, 2013. Previously, the comment deadline had been set for December 28, 2012 and the rebuttal deadline had been set for January 7, 2013. In order to reflect changes outlined in recent legislation, PL 2011, Ch. 653 (enacting LD 1853), the Commission must update its rules regulating metallic mineral mining and level C mineral exploration activities. The Commission will no longer be responsible for issuing permits for metallic mineral mining and level C mineral exploration activities. This function will be transferred to the Department of Environmental Protection. Consequently, the Commission must make modifications to Ch. 12 of its rules (Land Use District Requirements for Metallic Mineral Mining and Level C Mineral Exploration Activities) to eliminate information relevant to the permitting process but not necessarily to the rezoning process.
PUBLIC HEARING: Was held on December 11, 2012 in Presque Isle and December 14, 2012 in Farmington
COMMENT DEADLINE: Deadline for written comments extended to February 4, 2013; deadline for rebuttal comments extended to February 11, 2013.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Samantha Horn Olsen, LUPC, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-4932. E-mail: Samantha.Horn-Olsen@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §685-A,3 and §685-C,5,A; and PL 2011, Ch. 653, LD 1853
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/doc/lupc/ .
DEPARTMENTAL RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 171, The Administration of the Unified Carrier Registration Agreement
PROPOSED RULE NUMBER: 2012-P297
BRIEF SUMMARY: This amendment adds new terms and enhances the definitions of existing terms, corrects grammatical errors and updates the rule to be in sync with statute changes and changes implemented by the UCR Board. Communications information has been updated to provide current phone numbers, email address, etc. to contact the business unit that oversees the program.
PUBLIC HEARING: January 30, 2013, 9:00 a.m. – 10:00 a.m., Bureau of Motor Vehicles, 101 Hospital Street, 2nd Floor – Conference Room, Augusta, Maine
COMMENT DEADLINE: February 11, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Francis Fox, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9056. E-mail: Francis.Fox@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRSA §551
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Robert.O’Connell@Maine.gov .



AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 180, Performance Evaluation and Professional Growth Systems
PROPOSED RULE NUMBER: 2012-P278 (Hearing rescheduled)
BRIEF SUMMARY: This rule establishes standards and procedures for implementation of performance evaluation and professional growth systems (PE/PG systems) for teachers and principals in school administrative units. The rule defines terms, adopts sets of professional practice standards for teachers and principals, establishes criteria that must be met by student growth measures used in a PE/PG system and requires involvement of educators in implementation of systems. The rule sets forth the process for obtaining department approval of locally-developed plans.
PUBLIC HEARING: Thursday, December 27, 2012; 9 am to 1 pm ; Room 103, Cross Office Building, Augusta Monday, January 28, 2013, 2 p.m. to 5 p.m., Room 400 - Cross Office Building, Augusta. (HEARING SCHEDULED FOR 12/27/12 WAS CANCELLED DUE TO WEATHER-RELATED CLOSURE OF STATE OFFICES.)
COMMENT DEADLINE: Monday, January 7, 2013, 5 pm Thursday, February 7, 2013, 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Deborah Friedman, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6612. E-mail: Deborah.Friedman@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: Title 20-A MRSA §13706
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Title 20-A ch. 508
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .


ADOPTIONS


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations; and Ch. 2.04, Rules Pertaining to Fishing Derbies
ADOPTED RULE NUMBER: 2012-354, 355
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to open water fishing and ice fishing. This body of rules is printed in its entirety in the Open Water & Ice Fishing Laws and Rules booklet (April I, 2013 - December 31, 2013) and will be available from the Department as well as license agents. Several of the adopted changes will take effect on January 2, 2013. For a list of these waters please visit the website at: http://www.maine.gov/ifw/laws_rules/fishing/index.htm . For a copy of adopted changes made to Ch. 2, Rules Pertaining to Fishing Derbies, please contact the Agency Rule-making Contact Person.
EFFECTIVE DATE: January 2, 2013
AGENCY CONTACT PERSON / IFW RULE-MAKING LIAISON: 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 .



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 65, Behavioral Health Services
ADOPTED RULE NUMBER: 2012-356 (Emergency)
CONCISE SUMMARY: This emergency rule is adopted in accordance with PL 2011, ch. 657, Section S-1, and will limit MaineCare reimbursement for methadone treatment of addiction to opioids to a maximum of twenty four (24) months per lifetime, except as permitted with prior authorization beyond twenty-four (24) months. Only treatment after the effective date of this rule (January 1, 2013) will count toward the limit.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: January 1, 2013
AGENCY CONTACT PERSON: Amy Dix, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@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 80, Pharmacy Services
ADOPTED RULE NUMBER: 2012-357 (Emergency)
CONCISE SUMMARY: The Department of Health and Human Services (DHHS) has adopted an emergency rule to impose limits on opioid medications used for the treatment of pain, PL 2011, ch. 657, Part O and section L-1. This emergency rule includes definitions of acute and non-acute pain, establishes certain exclusions as described in the legislation, mandates the use of a pain management care plan when a member requires the extended use of opioid medications for the treatment of pain and identifies therapeutic treatment options that must be utilized for members who are prescribed opioid medications to treat non-acute pain.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: January 1, 2013
AGENCY CONTACT PERSON: Amy Dix, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@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 85, Physical Therapy Services
ADOPTED RULE NUMBER: 2012-358 (Emergency)
CONCISE SUMMARY: This emergency rule is being adopted in accordance with PL 2011, ch. 657, Part O. The changes made in this rule allow more Physical Therapy services, up to five (5) treatment visits and one (1) evaluation within twelve (12) months, when provided pursuant to a pain management care plan as described in the MaineCare Benefits Manual Section 80.07-5(D)(3).
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: January 1, 2013
AGENCY CONTACT PERSON: Amy Dix, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@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 & III Section 91, Health Home Services
ADOPTED RULE NUMBER: 2012-359 (Emergency)
CONCISE SUMMARY: Effective January 1, 2013, the Department will offer and reimburse Health Home Services under a new section of policy, Ch. II and III, Section 91. Health Home Practices will be reimbursed at a rate of $12.00 per member per month and Community Care Teams will be reimbursed at a rate of $129.50 per member per month under this section of policy, if they meet the standards of Section 91.This new MaineCare service will be offered to eligible MaineCare members who have been diagnosed with two chronic conditions, or who have one chronic condition and are at risk for another chronic condition. Under a Plan of Care, members will receive all or some of the following services: Comprehensive Care Management, Care Coordination, Health Promotion, Comprehensive Transitional Care, Individual and Family Support Services, and Referral to Community and Social Support Services. These services are unique and will not duplicate other MaineCare services. The DHHS will be seeking CMS approval of the State Plan for these changes.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: January 1, 2013
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@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. VI Section 1, Primary Care Case Management
ADOPTED RULE NUMBER: 2012-360 (Emergency)
CONCISE SUMMARY: The Department is repealing the Patient Centered Medical Home provision of the Primary Care Case Management (PCCM) rule, MaineCare Benefits Manual, Ch. VI, Sec. 1, effective January 1, 2013, through emergency rule-making, because this service will be offered, effective January 1, 2013, in the MaineCare Benefits Manual, Ch. II, Section 91 and Ch. III, Section 91 (Health Home Services), also through emergency rule-making. The State will receive an enhanced federal match of 90% for the Section 91 services, which will save the state money. The DHHS will be seeking Centers for Medicaid and Medicare Services (CMS) approval of the State Plan for these changes, and this rule will become effective upon CMS approval.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: January 1, 2013
AGENCY CONTACT PERSON: Peter Kraut, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine04333-0011. Telephone: (207) 287-6131. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Peter.Kraut@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .