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Weekly Rulemaking Notices Contact Us Find It

April 3, 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 Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Care Benefits Manual: Ch. II & 111, Section 43, Hospice Services
PROPOSED RULE NUMBER: 2002-P60
CONCISE SUMMARY: Pursuant to PL, 2001, Ch. 358, Part GG, this new rule will set the rate MaineCare pays for routine home care hospice services, starting April 1, 2002, at 123% of the Medicare rate for the same service. It will also correct the method whereby ambulance service to members receiving hospice services will be covered, and will make numerous changes stemming from the changeover in program title from "Medicaid" to "MaineCare."
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 2001, Ch. 358, Part GG.
PUBLIC HEARING: April 23, 2002 at 1:00 p.m., Small 1st-floor Conference Room, Bureau of Medical Services, 35 Anthony Ave., Augusta, Maine 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before April 12, 2002.
DEADLINE FOR COMMENTS: May 6, 2002
AGENCY CONTACT PERSON; Robert Gross, Medical Care Administrator
AGENCY NAME: Policy Development Unit, Division of Policy & Provider Services, Bureau of Medical Services
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5528
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
FAX: (207) 624-5524


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #05-02
PROPOSED RULE NUMBER: 2002-P61
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 9:00 a.m., Monday, April 22, 2002, Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: April 22, 2002
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission,
Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 305, Amendment 5; Oil Storage Facility or Tank Replacement Program
PROPOSED RULE NUMBER: 2002-P62
CONCISE SUMMARY: This amendment to the rule will enable eligible borrowers to receive a direct loan or an Authority-insured loan for the supervised renovation of all or any part of certain oil storage facilities or tanks, in addition to the loan purposes already stated in the rule. The amendments also clarify that construction, replacement or renovation of above ground tanks or facilities must be properly supervised and that loans or grants for such purposes may not exceed $1,000,000 in any 12-month period. The prime rate of interest is changed from that set forth by the Boston banks to the prime rate of interest as published in the Wall Street Journal. Also, the floor interest rate available to certain borrowers is lowered from 3% to 2% to remain in keeping with the graduated interest rate scheme based on debt service coverage. Finally, the amendment also reduces the origination fee charged to borrowers in the case of direct loans or grants, and eliminates the annual loan administration fee, but allows the Authority to charge administrative and underwriting fees to the Underground Oil Storage Replacement Fund.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 969-A(14), 1023-D(3) and 1026-F(3)
PUBLIC HEARING: None unless requested by five (5) or more interested parties.
DEADLINE FOR COMMENTS: Written comments are requested on or before May 3, 2002 but will be accepted on or before May 7, 2002.
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


AGENCY: 06-481 - Maine Board of Underground Storage Tank Installers

RULE TITLE OR SUBJECT: Ch. 1, (Amendments to) Administrative Rules
PROPOSED RULE NUMBER: 2002-P63
CONCISE SUMMARY: These amendments will make standards of practice and other administrative provisions now applicable to all other certified individuals also applicable to new class of underground storage tank inspectors.

RULE TITLE OR SUBJECT: Ch. 2, (Amendments to) Rules of Practice and Procedure Governing Adjudicatory Proceedings
PROPOSED RULE NUMBER: 2002-P64
CONCISE SUMMARY: These amendments will make rules of practice and procedure governing adjudicatory proceedings now applicable to all other certified individuals also applicable to new class of underground storage tank inspectors.

RULE TITLE OR SUBJECT: Ch. 5, (Amendments to) Certification of Underground Gasoline Tank Removers
PROPOSED RULE NUMBER: 2002-P65
CONCISE SUMMARY: These rules specify the certification process and requirements for underground gasoline tank removers. Amendments would seek to obtain consistency with 32 MRSA 10010.5B by extending allowable tanks for on-site certification exams to heating oil tanks and correct a substantive error.

RULE TITLE OR SUBJECT: Ch. 6, Certification of Underground Oil Storage Tank Inspectors
PROPOSED RULE NUMBER: 2002-P66
CONCISE SUMMARY: These rules specify the requirements and process for certifying underground oil storage tank inspectors.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 10004.2 as amended by PL 2001, Ch. 23 1, Sec. 7.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 3, 2002
AGENCY CONTACT PERSON: James Hynson
AGENCY NAME: Maine Board of Underground Storage Tank Installers
ADDRESS: c/o Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7889


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE:
Ch. 26.02, Sea Urchin Minimum Size and Tolerance
Ch. 26.03, Sea Urchin Maximum Size and Tolerance
ADOPTED RULE NUMBER: 2002-95
CONCISE SUMMARY: The adopted regulations are technical clarifications that describe how enforcement personnel collect a random sample and measure sea urchins when checking minimum and maximum tolerance. The quantity for a random sample of urchins from a tote is simplified to the minimum measurement of one-half bushel of urchins from throughout the tote without being limited to "no greater than 4 pecks". The placement of an urchin-measuring tool to determine the size in the longest diameter is be specified to be oriented from the top or bottom, not from the side or around the circumference due to variations in urchin shapes that may not indicate the longest diameter.

CHAPTER NUMBER AND TITLE: Ch. 26.15, Sea Urchin Harvester License Letter Limited Entry System
ADOPTED RULE NUMBER: 2002-96
CONCISE SUMMARY: These adopted regulations continue the sea urchin license lottery system for the awarding of sea urchin hand fishing, dragging, handraking and trapping license eligibility to persons who did not hold that license in the previous calendar year. The rules were previously established partially in statute and partially in the Department regulations and they have been amended pursuant to changes in the statute 12 MRSA 6749-O effective September 19, 2001. The amended regulations also allocate more draws in the lottery to qualifying applicants than previously allowed.

CHAPTER NUMBER AND TITLE: Ch. 34.10(l)(B)(4)(b), Atlantic halibut
ADOPTED RULE NUMBER: 2002-97
CONCISE SUMMARY: The DMR fishing regulations for Atlantic halibut include an annual open season during the months of May through July east of Schoodic Point and from April through June west of Schoodic Point in territorial waters. The regulations require a commercial fishing license endorsement, a total allowable catch of 50 fish per season, a recreational fishing limit of one halibut per vessel per day, a commercial vessel limit of 4 fish per day, use of size 14 oo circle hooks or larger, a maximum of 450 hooks allowed per vessel per day, tagging and reporting.

EFFECTIVE DATE: March 25, 2002
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04576-0008
TELEPHONE: (207) 633-9584


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III, Section 37, Home-Based Mental Health Services.
ADOPTED RULE NUMBER: 2002-98
CONCISE SUMMARY: This rule makes optional the requirement that treatment hours meet a certain running average in order to be reimbursable, clarifies crisis and emergency service responsibilities for providers, sets clinical criteria for reducing the minimum size of treatment teams, updates and clarifies participation in which concurrent mental health services disqualify recipients from receiving this service, clarifies risk-of-removal factors used to determine recipient eligibility for this service, and makes other minor corrections.
EFFECTIVE DATE: April 2, 2002
AGENCY CONTACT PERSON: Robert E. Gross, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5528
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #04-02
ADOPTED RULE NUMBER: 2002-99
CONCISE SUMMARY: Minimum April, 2002 Class I price is $14.72 plus $.15/cwt. Producer Cost of Production and an over order premium of $1.00/cwt. as being prevailing in southern New England for a total of $16.07. Class II minimums set at $12.43 which includes $.15/cwt. for Cost of Production. These changes were passed on in minimum prices. Minimum Prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.html
EFFECTIVE DATE: April 1, 2002
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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