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February 4, 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: 02-381 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Oil and Solid Fuel Board
RULE TITLE OR SUBJECT:
Amend Ch. 3, Categories and Responsibilities of Licensure
Amend Ch. 4, Qualifications for Licensure
Amend Ch. 5, Use of Other License Categories
Amend Ch. 7, Adoption of Standards and Rules
Amend Ch. 9, Installation of Oil Burning Equipment
PROPOSED RULE NUMBER: 2004-P19
CONCISE SUMMARY: The Board's rules require revision for the following reasons:
1. To allow a licensed master or journeyman oil technician who is licensed as an apprentice with the solid fuel authority to clean and service central solid fuel appliances and accessory equipment.
2. To implement Public Law Ch. 11 that allows a person successfully completing a one-year heating course at a Maine technical college consisting of 320 hours of study to sit for the journeyman examination and receive a license without licensed work experience.
3. To require an applicant from another state applying for a master oil license to provide proof of an equivalent license from another state or jurisdiction. The equivalent license must be for work performed installing and/or servicing oil burning equipment.
4. To implement Public Law Ch. 89 that allows licensed manufactured housing dealers and employees of dealers to be licensed by the Board as a Limited Tank Installer to install outside residential heating oil tanks at manufactured housing.
5. To require a licensed master to receive only one year of indirect supervision prior to applying for a master examination in a different license authority.
6. To adopt the most recent editions of NFPA standards for the installation of any oil and solid fuel burning equipment, chimneys, fireplace and vents in the State of Maine. The Board is proposing to adopt an exception to NFPA #211, Section 3.3.2.8, by requiring that heating space exceeding 25,000 cubic feet be provided with a commercial grade chimney.
7. To further clarify the requirements for the installation of oil burning equipment and repeal 9-22, Primary Safety Controls, Required Programming & Timings for Burner(s) since these requirements are covered in ASME CSD-1, a standard adopted by the Board.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 2353 and 2402-A
PUBLIC HEARING: Thursday, February 26, 2004, 9:00 a.m., Department of Professional and Financial Regulation, Central Conference Room, Gardiner Annex, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: March 10, 2004
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 157, The Administration of Over Dimension and Over Weight Permits
PROPOSED RULE NUMBER: 2004-P20
CONCISE SUMMARY: This Rule establishes requirements and standards for the permitting of non divisible over dimensional over weight vehicles and loads (collectively over limit loads) which are loads exceeding the size and weight limits established in Title 29A. The purpose of this amendment is to clarify certain provisions, and to add a definition section.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A 2382
PUBLIC HEARING: February 27, 2004 @ 9:00 a.m., Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME 04333-0029
DEADLINE FOR COMMENTS: March 12, 2004
AGENCY CONTACT PERSON: Garry Hinkley
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, 101 Hospital Street, Augusta, ME 04330
TELEPHONE: (207) 624-9055


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #03-04
PROPOSED RULE NUMBER: 2004-P21
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, February 20, 2004 Room 233, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: February 20, 2004
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 790, Procedures for Resolving Coordination of Benefit Disputes
PROPOSED RULE NUMBER: 2004-P22
CONCISE SUMMARY: The purpose of this Rule is to provide for the orderly transfer of information needed to pay claims promptly and reduce claim payment delays and misunderstandings.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24 MRSA 2332-A, 24-A MRSA 212, 2723-A, 2844 and 4218
PUBLIC HEARING: February 23, 2004 at 1:00 p.m.
DEADLINE FOR COMMENTS: March 5, 2004 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: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 895, Underground Facility Damage Prevention Requirements
PROPOSED RULE NUMBER: 2004-P23
CONCISE SUMMARY: To conform to changes to the law made by P.L. 2001, Ch 577, and P.L. 2003, Ch 373 and to improve and clarify the existing rule. Reissue for comment on new provisions related to unmarked facilities.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 MRSA 3360-A, 35-A MRSA 104, 111, and 1502.
PUBLIC HEARING: None Scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 5, 2004
AGENCY CONTACT PERSON: Paula J Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 14, Rules Relating to Severance Pay
PROPOSED RULE NUMBER: 2004-P24
CONCISE SUMMARY: Provides procedures for determining the date of termination or relocation, employee eligibility and payments under the Severance Pay Law.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA 625-B
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 5, 2004
AGENCY CONTACT PERSON: William A. Peabody, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6406


AGENCY: 18-553 - Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations
RULE TITLE OR SUBJECT: Ch. (New), Pricing of Spirits
PROPOSED RULE NUMBER: 2004-P25
CONCISE SUMMARY: The purpose of this rule is to formalize the State of Maine's wholesale and retail price-setting policy with respect to the sale of spirits in the State. The rule is being promulgated pursuant to PL 2003, c. 20, Part LLL, as codified at 28-A MRSA 83(l), 83(2).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 2003, c. 20, Part LLL, as codified at 28-A MRSA 83(l), 83(2)
PUBLIC HEARING: Thursday, 26 February 2004, at 1 p.m. in Room 107 of the Cross State Office Building, Capitol Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, 8 March 2004
AGENCY CONTACT PERSON: Domna Giatas, Deputy Commissioner
AGENCY NAME: Department of Administrative and Financial Services
ADDRESS: 78 State House Station, Augusta, ME 04333-0078
TELEPHONE: (207) 624-7800


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency Rule: Ch. 101, MaineCare Benefits Manual: Ch. V Section 2, Early and Periodic Screening, Diagnosis, and Treatment Services
ADOPTED RULE NUMBER: 2004-23
CONCISE SUMMARY: This emergency rule will eliminate the $20.00 enhanced payment paid to Federally Qualified Health Centers (FQHC) and Rural Health Clinics (RHC) for completing and submitting the Bright Futures forms. FQHCs and RHCs will continue to be paid for a core visit for performing the Bright Futures health assessments. The core visit rate is based on the total costs for the base years 1999 and 2000 and is increased annually by the Medicare Economic Index.
Concurrent with this emergency rulemaking, the Department is proposing this rule change through the regular rulemaking process to allow for public comment.
See www.state.gov/bms/rulemaking for rules and related rulemaking documents.
EFFECTIVE DATE: January 22, 2004 - April 20, 2004
AGENCY CONTACT PERSON: Linda Schumacher
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370
FAX (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency Rule: Ch. 101, MaineCare Benefits Manual: Ch. III Section 103, Rural Health Clinic Services.
ADOPTED RULE NUMBER: 2004-24
CONCISE SUMMARY: This emergency rule eliminates the enhanced reimbursement ($20.00) for the completion of the Bright Futures forms.
See http://www.maine.gov/bms/rulemakin for rules and related rulemaking documents.
EFFECTIVE DATE: January 22, 2004
AGENCY CONTACT PERSON: Robert E. Gross, Comprehensive Health Planner, Bureau of Medical Services, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287 -9366
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency Rule: Ch. 101, MaineCare Benefits Manual: Ch. III Section 31, Federally Qualified Health Center Services.
ADOPTED RULE NUMBER: 2004-25
CONCISE SUMMARY: This emergency rule eliminates the enhanced reimbursement ($20.00) for the completion of the Bright Futures form.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: January 22, 2004
AGENCY CONTACT PERSON: Robert E. Gross, Comprehensive Health Planner, Bureau of Medical Services, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9366
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2004-26
CONCISE SUMMARY: These final rules refine and clarify the methodology to determine a price per discharge by 1) Determining a cost per discharge based on Medicare cost reports for the hospital's fiscal year ending between October 1, 1998 and September 30, 1999; 2) Inflating this cost per discharge to State fiscal year 2004; 3) Applying a discount factor to the inflated cost per discharge to ensure that total expenditures for inpatient services from acute care non-critical access hospitals were no greater than they would have been under the previous reimbursement system; and 4) adjusting rates for hospitals with the highest historical total MaineCare inpatient reimbursement. This adjustment allocates legislatively appropriated funds based on historical data reflecting share of total MaineCare reimbursement. This adjustment will be reviewed at least annually. The effective date of this change is October 30, 2003.
Further, a change was made to clarify issues associated with the settlement process for non-state owned institutions for mental disease.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: January 28, 2004
AGENCY CONTACT PERSON: Greg Nadeau, Comprehensive Health Planner II
AGENCY NAME: Bureau of Medical Services, Division of Policy and Provider Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367, (800) 321-5557 option 9
TTY: (207) 287-3094 or (800) 423-4331


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency rule: Ch. 101, MaineCare Benefits Manual: Ch. III Section 27, Early Intervention Services
ADOPTED RULE NUMBER: 2004-27
CONCISE SUMMARY: The emergency rule establishes that effective 1/23/2004 through 4/21/2004 the maximum reimbursement for developmental therapy mainstream programs shall be fifty-five ($55) per day or the contracted Child Development Service (CDS) contracted rate, whichever is lower. Also, the reimbursement rate for a one-on-one aide in the mainstream program shall be six dollars and twenty-five cents ($6.25) per quarter hour (1/4) unit or the CDS contracted rate, whichever is lower. The rule also underscores that all payments are subject to audit by the Division of Audit to ensure conformity of billed rates with approved CDS contracted rates. Concurrent with these emergency rules will be the submission of proposed changes through the normal-rulemaking process. Interested parties will have opportunities to comment on these rules through the normal rulemaking process.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
EFFECTIVE DATE: January 23, 2004 through April 21, 2004
AGENCY CONTACT PERSON: Peter J. Ezzy, Bureau of Medical Services, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9368
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Manual - Updated List of Waived Geographic Areas for the Time Limited Rule for ABAWDS, Excluded Resources, Excluded Income
ADOPTED RULE NUMBER: 2004-28
CONCISE SUMMARY: This policy updates the geographic areas whose residents are exempt from the three-month time limited rule for ABAWDS (Able Bodied Adults Without Dependents). To be exempt, the area must have an unemployment rate of at least 20% higher than the national average for a specific 24-month period. The following municipalities no longer are exempt: Leeds, Minot, Fort Fairfield, Houlton, Limestone, Oakfield, Portage Lake, St. Agatha, Harrison, Amherst, Bucksport, Cranberry Isles, Eastbrook, Great Pond, Hancock, Lamoine, Mariaville, Mount Desert, Osborn, Otis, Sedgwick, Sorrento, Southwest Harbor, Sullivan, Surry, Tremont, Trenton, Waltham, Winter Harbor, Albion, Benton, Monmouth, Mount Vernon, Penobscot Nation, Richmond, Palermo, and Ogunquit.
The following municipalities are being added to the exempt list: Alfred, Lebanon, Limerick, Newfield, North Berwick, Shapleigh, and Waterboro. The other municipalities on the current exempt list remain on that list.
Funds in a HUD Family Self-Sufficiency Program's escrow account will now be excluded as available income and as an available resource. Benefits received from the Nutritional Assistance Program (NAP) in Puerto Rico, American Samoa or the Commonwealth of the Northern Marinas are to be treated as excluded income.
EFFECTIVE DATE: January 31, 2004
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) 287-5093
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Medical Assistance Manual - SSI COLA Increase 2004
ADOPTED RULE NUMBER: 2004-29
CONCISE SUMMARY: The SSI COLA increase of 2.1 % is reflected in MaineCare income limits for coverage in the following MaineCare categories: Home Based Waivers, Katy Beckett, Categorical Nursing Care, Adult Family Care Homes, and the income limit or the State Supplement.
The amount of protected assets for a community spouse of a nursing home applicant increases to $92,760. The maximum monthly income to a community spouse of a nursing home resident increases to $2,319.
EFFECTIVE DATE: January 31, 2004
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare 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) 287-5088
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF), Rev. #72-A - Transitional Child Care (TCC) Guidelines
ADOPTED RULE NUMBER: 2004-30
CONCISE SUMMARY: This policy updates the maximum Transitional Child Care (TCC) income guidelines and the client fee assessments from January 1, 2004 through September 30, 2004.
EFFECTIVE DATE: February 1, 2004
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: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Amendment to Ch. 41, Special Restrictions on Pesticide Use
ADOPTED RULE NUMBER: 2004-31
CONCISE SUMMARY: This rule was developed in response to concerns by the Department of Environmental Protection (DEP) and private citizens that people have been purchasing and applying aquatic herbicides to State waters without realizing they need an aquatic discharge permit from the DEP and a commercial applicator's license from the Board of Pesticides Control. The Board received a citizen's petition seeking repeal of the rule but the Board instead amended the rule so that the list of aquatic herbicides only includes products that are registered in Maine and have aquatic uses on the container labels. These products may only be sold by licensed restricted use dealers who may only sell them to licensed pesticide applicators.
EFFECTIVE DATE: February 2, 2004
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


AGENCY: 10-148 - Department of Human Services, Bureau of Child & Family Services
CHAPTER NUMBER AND TITLE: Ch. 201, Appeal Procedure for Individuals Substantiated as Perpetrators of Abuse or Neglect of Children
ADOPTED RULE NUMBER: 2004-32
CONCISE SUMMARY: These rules lay out a two step review and appeal process for individuals found to have abused and/or neglected a child by the Bureau of Child and Family Services. The first step is a record review and the second step is an Administrative Hearing.
EFFECTIVE DATE: February 3, 2004
AGENCY CONTACT PERSON: Sandra S. Hodge
AGENCY NAME: Department of Human Services
ADDRESS: 221 State Street, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5060
TTY: (207) 287-5048


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #02-04
ADOPTED RULE NUMBER: 2004-33
CONCISE SUMMARY: Minimum February, 2004 Class I price is $14.84 plus $1.16/cwt. for Producer Margins and an over order premium of $ 1.10/cwt. as being prevailing in southern New England for a total of $17.10. Class II minimums set at $11.45 for December, 2003 which includes $0.15/cwt. for Producer Margins. These changes were passed on in minimum prices.
Minimum prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.htm
EFFECTIVE DATE: February 1, 2004
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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