Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

October 29, 2003
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: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 755, Health Insurance Minimum Standards
PROPOSED RULE NUMBER: 2003-P214
CONCISE SUMMARY: The purpose of this rule is to implement 24-A MRSA Ch. 32-A to standardize and simplify the terms and coverages of individual health insurance policies, and group health insurance policies and certificates. This rule is also intended to: facilitate public understanding and comparison of coverage; eliminate provisions contained in individual and group health insurance policies that may be misleading or confusing in connection with either the purchase of the coverages or the settlement of claims; and provide for full disclosure in the marketing and sale of individual and group health insurance. This rule is also intended to clarify the meaning of limited benefits health insurance as referred to in 24-A MRSA chapters 33, 35 and 56-A.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This rule is adopted by the Superintendent pursuant to 24-A MRSA 212 and 2717 and 24-A MRSA Ch. 32-A.
PUBLIC HEARING: November 18, 2003 at 10:00 a.m. in Room 208 of the Burton M. Cross Office Building, 111 Sewall Street, Augusta, Maine.
DEADLINE FOR COMMENTS: December 1, 2003 at 5:00 p.m.
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8460


AGENCY: 02-298 - Department of Professional & Financial Regulation, Board of Real Estate Appraisers
RULE TITLE OR SUBJECT: Ch. 240, Standards of Professional Practice
PROPOSED RULE NUMBER: 2003-P252
CONCISE SUMMARY: The amendment to Ch. 240 identifies the current edition of the standards of professional practice with which licensees shall comply.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 MRSA, c. 124 14012
Public Hearing: None scheduled; one may be requested.
DEADLINE FOR WRITTEN COMMENTS: November 28, 2003
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 320, Amendments to Minimum Standards for Alcoholism and Drug Dependency Benefits
PROPOSED RULE NUMBER: 2003-P253
CONCISE SUMMARY: The purpose of the amendments to Rule Ch. 320 is to make the rule consistent with 2003 Public Law Ch. 20, Part VV, which requires certain group policies to provide benefits for substance abuse that are equivalent to benefits for physical illnesses. This rule is promulgated by the Superintendent pursuant to Title 24 MRSA, Sections 2325-A and 2329 and Title 24-A MRSA, Sections 212, 2842, 2843 and 4234-A.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This rule is promulgated by the Superintendent pursuant to Title 24 MRSA, Sections 2325-A and 2329 and Title 24-A MRSA, Sections 212, 2842, 2843 and 4234-A.
PUBLIC HEARING: November 19, 2003 at 10:00 a.m. in the Kennebec Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: December 1, 2003 at 5:00 p.m.
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34 State House Station, Augusta ME 04333
TELEPHONE: (207) 624-8460


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Amendments to Rule Ch. 330, Minimum Standards for Mental Illness Benefits
PROPOSED RULE NUMBER: 2003-P254
CONCISE SUMMARY: The purpose of the amendments to Rule Ch. 330 is to make the rule consistent with 2003 Public Law Ch. 20, Part VV, which adds home health care to the list of services that must be covered for mental illness, and with 2001 Public Law Ch. 410, which repealed the requirement for small group carriers to offer standardized plans.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This rule is promulgated by the Superintendent pursuant to 24 MRSA 2325-A, 24-A MRSA 2843, 24-A MRSA 4234-A, and 24-A MRSA 212.
PUBLIC HEARING: November 19, 2003 at 10:00 a.m. in the Kennebec Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: December 1, 2003 at 5:00 p.m.
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8460


AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Board of Pesticides Control Rules: Repeal or Amend Section 4 of Ch. 41, Special Restrictions on Pesticide Use
PROPOSED RULE NUMBER: 2003-P255
CONCISE SUMMARY: The Board has received a citizen's petition requesting a repeal of Section 4 of this rule that became effective May 12, 2003 and regulates the sale and use of aquatic herbicides. The petitioners are concerned that the new restrictions affect many products that are used primarily in terrestrial applications. The Board agrees there are problems with the current list that is based on EPA's master list, and will also consider an amendment to only list products that are registered in Maine and have aquatic herbicide uses on the container's label.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8051 et seq., 7 MRSA 601-625 and 22 MRSA 1471-A-X.
PUBLIC HEARING: 9:30 a.m. on Friday, November 21, 2003 in the Board Rooms at the Senator Inn & Spa, 284 Western Avenue, Augusta
DEADLINE FOR COMMENTS: 4:00 p.m. on Friday, December 5, 2003
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731
FAX: (207) 287- 7548
EMAIL: robert.batteese@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/rules.htm


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 850, Health Plan Accountability - Proposed 2003 Amendments
PROPOSED RULE NUMBER: 2003-P256
CONCISE SUMMARY: The proposed major substantive amendments to Subsections 7(C) and 7(H) of the Rule establish standards for the approval of financial incentives for members to use certain designated providers under a managed care plan filed pursuant to 24-A MRSA 4303(l)(A), including criteria to be used for the determination of better quality services of designated providers. These amendments are required by P.L. 2003, c. 469, E-20. The purpose of the proposed routine technical amendments to Subsection 7(G) of the Rule is to ensure consistency with newly enacted statutory requirements with respect to the time period for credentialing providers. The proposed amendments essentially incorporate the statutory language requiring a carrier to make credentialing decisions within a specific timeframe (i.e. 60 days from the receipt of a completed application with the ability to extend such time period under certain circumstances). The statutory provisions were enacted by P.L. 2003, c. 108 which added a new paragraph (D) to 24-A MRSA 4303(2).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: P.L. 2003, c. 469, E-20 and P.L. 2003, c. 108.
PUBLIC HEARINGS:
Monday, November 17, 2003 at 10:00 a.m., Room 209 at the Burton M. Cross Building, 111 Sewall Street, Augusta ME
Wednesday, November 19, 2003 at 7:00 p.m., Room A at the Skowhegan Community Center, 39 Poulin Drive, Skowhegan ME
DEADLINE FOR COMMENTS: Friday December 5, 2003 at 5:00 p.m.
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34 State House Station, Augusta ME 04333
TELEPHONE: (207) 624-8460


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water Fishing Regulations
PROPOSED RULE NUMBER: 2003-P257
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife had proposed various regulation changes for the Kennebec River open water fishing season. One segment of the river (from Weston Dam in Skowhegan downstream to lower end of gorge, Skowhegan) was proposed to be open to fishing with the use of bait; have a minimum length limit on landlocked salmon, rainbow trout and brown trout of 12 inches and a daily bag limit of 2 fish. As a result of public input, the Department is amending the proposal to restrict that area to the use of artificial lures and increase the length limit on those species mentioned above to 16 inches and changing the bag limit to 1 fish. In addition, the Department had proposed to allow complimentary license holders (70 years of age or over) to fish under less restrictive regulations (from confluence of Austin Stream to Rt. 16 bridge, Bingham/Concord and from the powerline crossing downstream of the Abenaki Dam to the confluence of the Sandy River). Again, due to public input, that proposal is being withdrawn - in these areas youth under the age of 16 will be allowed to fish with the use of bait and the minimum length limit on salmon and trout will be 12 inches and the daily bag limit on salmon and trout will be 2 fish. The Department is also amending the proposal for the length limits on salmon, rainbow trout and brown trout from the downstream side of the Lockwood Dam to tidewater. The original proposal was to establish a minimum length limit of 14 inches. That is being changed to a minimum length limit of 16 inches. Written comments may be submitted on any of these proposals.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARING: None scheduled; one may be requested. Written comments may be submitted on any of the proposals.
DEADLINE FOR COMMENTS: November 29, 2003
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #12-03
PROPOSED RULE NUMBER: 2003-P258
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: 1:30 p.m., Friday, November 21, 2003, Room 233, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: November 21, 2003
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 16, Allocation of State Ceiling for Low-Income Housing Tax Credit Rule
PROPOSED RULE NUMBER: 2003-P259
CONCISE SUMMARY The Allocation of State Ceiling for Low-Income Housing Tax Credit Rule is being amended as follows: (i) To establish a two-year Qualified Allocation Plan; (ii) to move the tax credit reservation cycle for the 2005 State Ceiling to October 2004; (iii) to remove the assisted living set-aside and remove assisted living as a housing priority; (iv) to create housing for homeless persons as a new housing priority and to modify the SRO set-aside to include housing for homeless persons; (v) to increase the amount of the non-profit set-aside and clarify the submission requirements for participation in the non-profit set-aside; (vi) to increase the maximum credit restriction; (vii) to establish as a threshold application requirement that an applicant maintain the additional affordability pledged in its tax credit application pursuant to the affordability selection criterion for a period of 90 years, and as a result, to remove the extended low-income period selection criterion; (viii) to include the obligations of an applicant to provide the physical plant amenities and services pledged in the applicant's tax credit application, for which the applicant was awarded points under the selection criteria, in the extended low income housing commitment agreement; (ix) to increase the maximum points for the physical plant amenity and related services selection criteria; (x) to modify the family project selection criterion to allow more 2-bedroom units and fewer 3 or more bedroom units; (xi) to create a new selection criterion for projects that are an allowed use in the municipal zoning district in which they will be located by virtue of being a permitted, conditional or nonconforming use in the district, having a variance or a contract zone or otherwise; (xii) to create a new selection criterion for projects that promote principles of smart growth and minimize sprawl; (xiii) to increase the maximum points for the below market funding criterion and clarify the form of commitment requited under the category; (xiv) to remove property that is donated or purchased at below fair market value from the below market funding criterion and to create a separate criterion under the leveraged funds category for property that is donated or purchased at a nominal fee; (xv) to update the housing need ranks for family and senior housing under the project location selection criteria; (xvi) to modify the submission requirements under the community -revitalization selection criterion by requiring that a copy of the adopted community revitalization plan be submitted with the tax credit application; (xvii) to clarify the sponsor characteristics criteria relating to default and 8823 history and to establish a new criterion for management companies with low-income housing tax credit experience; (xviii) to modify the selection criterion for nonprofit ownership of tax credit projects and to reduce the maximum points that may be awarded under the criterion; (xix) to authorize MSHA to convert tax credits allocated in a particular calendar year to a reservation of credits in subsequent years under limited circumstances; (xx) to clarify the monitoring and reporting requirements; and (xxi) to make updates, clarifications and grammatical changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4741(1) and 4741(14), Section 42 of the Internal Revenue Code of 1986, as amended
PUBLIC HEARING November 18, 2003, 10:00 a.m., Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: December 1, 2003, 5:00 p.m.
AGENCY CONTACT PERSON: Jodie Stevens, Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


ADOPTIONS

AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 381, Selection of Conservation Service Providers
ADOPTED RULE NUMBER: 2003-365
CONCISE SUMMARY: This Chapter establishes procedures governing the selection of service providers for conservation programs. The Commission will contract with service providers to deliver and assist with the delivery of conservation programs to Maine's transmission and distribution (T&D) utility customers. Most service providers will be selected by means of a competitive bid process that will be conducted by issuing Requests for Proposals or similar documents. Some service providers will be selected without a competitive bid process, when such sole-source contracting is the most efficient means to deliver conservation programs. This Chapter also establishes the procedure to seek reconsideration of a selection decision.
EFFECTIVE DATE: October 22, 2003
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 02-032 - Department of Professional and Financial Regulation, Office of Securities

CHAPTER NUMBER AND TITLE: REPEAL Ch. 536, Rule Exempting Securities of Small Maine Issuers
ADOPTED RULE NUMBER: 2003-366
CONCISE SUMMARY: The Office of Securities is repealing Ch. 536 because the rule's substantive provisions have been codified into law in the Revised Maine Securities Act at 32 MRSA 10502(2)(P) and (Q). The rule is therefore redundant to law and no longer necessary.

CHAPTER NUMBER AND TITLE: Ch. 540, Adjudicatory Proceeding Rule
ADOPTED RULE NUMBER: 2003-367
CONCISE SUMMARY: This rule establishes procedures for the conduct of adjudicatory proceedings before the Office of Securities. The rule should be read in conjunction with the statutory provisions for adjudicatory proceedings in the Maine Administrative Procedure Act, 5 MRSA 9051-9064. The rule provides guidance to all persons who are parties to or otherwise participating in administrative enforcement proceedings under the Revised Maine Securities Act. The rule helps to ensure that such proceedings are handled in an expeditious and procedurally fair manner.

EFFECTIVE DATE: October 27, 2003
AGENCY CONTACT PERSON: Christine A. Bruenn, Securities Administrator
AGENCY NAME: Office of Securities
ADDRESS: 121 State House Station, Augusta, ME 04333-0121
TELEPHONE: (207) 624-8551


AGENCY: 94-178 - Kim Wallace Adaptive Equipment Loan Program Fund Board
CHAPTER NUMBER AND TITLE: Ch. 501, Amendment 7 - Kim Wallace Adaptive Equipment Loan Program Fund Board Rule
ADOPTED RULE NUMBER: 2003-368
CONCISE SUMMARY: This amendment adds a 2 year pilot program whereunder the Board will make smaller loans to disabled individuals to purchase automobiles for employment or employment training purposes, in accordance with PL 2003, Ch. 99.
EFFECTIVE DATE: October 27, 2003
AGENCY CONTACT PERSON:
Christopher H. Roney, Counsel to the Board, c/o Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


Corporations Uniform Commercial Code Elections APA Rules Notaries Boards & Commissions
Home Archives Bureau of Motor Vehicles Corporations, Elections and Commissions What's New Secretary's Desk Kid's Page
© Department of the Secretary of State