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Weekly Rulemaking Notices Contact Us Find It

February 27, 2002
as posted in 5 daily Maine newspapers

NOTICE 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 World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Trusts and Transfer of Assets - Rev. #199P - Republication with hearing
PROPOSED RULE NUMBER: 2002-P20
CONCISE SUMMARY: This rule defines what is a "payment" from a trust, treatment of real property transferred to a revocable trust, rules for a pooled trust, expands on the definition of 'lair market value" and the definition of transfer.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: Public hearing to be held on March 27, 2002 at the Augusta Civic Center, 79 Community Drive, Augusta, ME 04330, in the Lincoln/Oxford Room from 9 a.m. to 1 p.m.
DEADLINE FOR COMMENTS: Apri1 8, 2002
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services, Division of Deafness
RULE TITLE OR SUBJECT: Ch. 14, Rule Governing the Administration of Maine Equal Access Program for Deaf, Hard-of-Hearing or Speech Impaired Consumers of Wireless Telecommunications Services
PROPOSED RULE NUMBER: 2002-P37
CONCISE SUMMARY: To establish rules that govern the administration of the Maine Equal Access Program, which provides rebates to deaf, hard-of hearing or speech impaired consumers or wireless telecommunications services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA 1419-B(6)
PUBLIC HEARING: March 18, 2002, 1:00 to 5:00 p.m., Bureau of Rehabilitation Services, Conference Room 2, located at Augusta Career Center, 2 Anthony Avenue, Augusta, ME
DEADLINE FOR COMMENTS: March 28, 2002
AGENCY CONTACT PERSON: Kathleen Brogan, Director
AGENCY NAME: Maine Department of Labor, Bureau of Rehabilitation Services
ADDRESS: 2 Anthony Avenue, Augusta, ME 04333-0150
TELEPHONE: (207) 624-5950
TTY: (207) 624-5964


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Updated List of Geographic Areas for Work Registration and Waived Areas for the Three (3) Month Time Limited Rule for ABAWDS - Rev. #126P
PROPOSED RULE NUMBER: 2002-P38
CONCISE SUMMARY: Food Stamp applicants and recipients who live in the following municipalities will no longer be exempt from work registration and the three (3) month time limited eligibility rules due to unemployment rates. The unemployment rates in these municipalities have not been at least twenty (20) percent higher than the national average for a recent twenty four (24) month period. The municipalities are (by county): Kennebec County - Litchfield, Oakland, Unity Township, Vassalboro, Waterville, Winslow and Winthrop; Lincoln County - Whitefield; Waldo County - Brooks, Monroe, Prospect, and Unity; York County - Limerick and Parsonsfield. The Food Stamp applicants and recipients who live in the following municipalities will now be exempt from these same rules because the unemployment rate in these municipalities have been over the national average for a recent twenty four (24) month period: Kennebec County - Mount Vernon; Penobscot County - Dixmont and Kingman Township; York County - Ogunquit.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: March 29, 2002
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 257-5093
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Updating the Federal Poverty Level Income Guidelines - Rev. #59P
PROPOSED RULE NUMBER: 2002-P39
CONCISE SUMMARY: This policy proposes to update the federal poverty level income guidelines contained in the Public Assistance manual. The income guidelines affect eligibility for Emergency Assistance and Transitional Transportation benefits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Federal Register: Vol. 67. No. 31, February 14, 2002, pp. 6931-6933
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 1, 2002
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Human Services Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - 2002 Federal Poverty Levels - Rev. #200P
PROPOSED RULE NUMBER: 2002-P40
CONCISE SUMMARY: This rule puts into effect the 2002 Federal Poverty Level (FPL). The FPL's are updated each year by the Federal Department of Health and Human Services. The FPL serves as the income limit for various MaineCare covered groups including children and their parents, elderly and disabled individuals and pregnant women,
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 5, 2002
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
PROPOSED RULE NUMBER: 2002-P41
CONCISE SUMMARY: These proposed rules redefine the requirement for the disposal of Schedule II through V controlled substances. Currently, nursing facilities are required to destroy Schedule II through V controlled substances in the presence of a representative of the Department, a Maine Licensed Pharmacist, a member of the Board of Pharmacy or a Federal Drug Enforcement Agency Agent. This has created a burden for the nursing facilities, which must store a high volume of controlled drugs while waiting for the proper authority to destroy them. The proposed rules return the destruction requirements in the presence of the proper authority to only Schedule II controlled substances.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22, Ch. 1, Section 42, Ch. 405, Sections 1820
PUBLIC HEARING: None scheduled: A hearing will be scheduled if requested by 5 or more people.
DEADLINE FOR COMMENTS: March 29, 2002
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
TTY: (207) 624-5512
FAX: (207) 624-5378



ADOPTIONS: No adoptions this week.


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