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Weekly Rulemaking Notices Contact Us Find It

January 7, 2004
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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #02-04
PROPOSED RULE NUMBER: 2003-P305
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, January 23, 2004, Room 233, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: January 23, 2004
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28 Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 850, Health Plan Accountability
ADOPTED RULE NUMBER: 2003-485
CONCISE SUMMARY: The purpose of this routine technical amendment 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.
EFFECTIVE DATE: January 3, 2004
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME/ADDRESS: Maine Bureau of Insurance, 34 State House Station, Augusta, ME 03333
TELEPHONE: (207) 624-8460


AGENCY: 16-222 - Bureau of Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 4, Motor Carrier Safety Rules
ADOPTED RULE NUMBER: 2003-486
CONCISE SUMMARY: These rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the safe operations of motor carriers as found in 49 Code of Federal Regulations Parts 40, 382, 390, 391, 392, 393, 395, 396, and Appendices B and G as referenced in the aforementioned parts. Changes have been made to the hours of service regulations in Part 395 and to the load securement regulations in Part 393. This adoption will keep Maine current with the rest of the Nation.
EFFECTIVE DATE: January 4, 2004
AGENCY CONTACT PERSON: John Fraser
AGENCY NAME: Maine State Police
ADDRESS: # 20 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8939


AGENCY: 12-172 - Maine Unemployment Insurance Commission
CHAPTER NUMBER AND TIM: Rules Governing the Administration of the Employment Security Law: Ch. 9, Able and Available Requirements
ADOPTED RULE NUMBER: 2003-487
CONCISE SUMMARY: This emergency rulemaking amends an existing rule in order to implement a new revised law (26 MRSA 1192(3)), which becomes effective January 1, 2004. This law allows claimants who are not able and available and actively seeking full-time work to receive unemployment benefits. The Commission is adopting this emergency rule in order to assure that it is in place when the law becomes effective, in order to allow benefits to claimants whom the law is designed to assist and whose health, safety, and welfare would otherwise be threatened.
EFFECTIVE DATE: January 1, 2004
AGENCY CONTACT PERSON: Veronica Terroni
AGENCY NAME: Maine Unemployment Insurance Commission
ADDRESS: 40 Forest Falls Drive, Yarmouth, ME 04096-6905
TELEPHONE: (207) 846-2000
FACSIMILE: (207) 846-5216
TDD: (800) 794-1110


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency Rule - Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2003-488
CONCISE SUMMARY: Pursuant to 5 MRSA 8054 the Department of Human Services ("the Department") has determined that immediate adoption of these rules is necessary to avoid an immediate threat to public health, safety or general welfare. The threat to the public health, safety or general welfare arises from recent access difficulties facing certain MaineCare members seeking to obtain medically necessary supplies (such as spacers, inhalers, and peak flow meters) related to their asthmatic condition.
Access to these supplies is vital to the health of MaineCare members who have been diagnosed with asthma. To ensure adequate access, the Department has determined to immediately revise the rule governing pharmacy providers to allow all participating pharmacies to provide these supplies to MaineCare members. This will immediately increase the number of locations at which MaineCare members may obtain these supplies. With this revision, the MaineCare program will reimburse participating pharmacies for asthma-related supplies under the MaineCare Benefits Manual, Section 80, Pharmacy Services.
See www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
EFFECTIVE DATE: January 1, 2004 - March 20, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/
Hard of Hearing)


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