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June 2, 2004
as posted
in 5 daily Maine newspapers
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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
CHAPTER NUMBER AND TITLE: Proposed Rule: Ch. 101, MaineCare Benefits
Manual: Ch. II Section 13, Targeted Case Management Services
PROPOSED RULE NUMBER: 2004-P132
CONCISE SUMMARY: This proposed rule will allow providers with a contract
with the Office of Substance Abuse to deliver case management services
to substance abusing pregnant and parenting women under Section 13.15,
Case Management Services for Pregnant and/or Postpartum Women and/or
those at Risk for Inadequate Parenting.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA § 42, § 3173
PUBLIC HEARING:
Date: June 23, 2004
Time: 1:00 p.m.
Location: Conference Room 4, Department of Human Services, 442 Civic
Center Drive, Augusta, ME 04333-0011. Any interested party requiring
special arrangements to attend the hearing must contact the agency person
listed below before June 14, 2004.
DEADLINE FOR COMMENTS: July 5, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY: Bureau of Medical Services, Division of Policy and Provider
Services, 442 Civic Center Drive, 11 State House Station, Augusta, ME
04333-0011
TELEPHONE: (207) 287-3828
FAX: (207) 287- 9369
TTY: 1 (800) 423-4331 or (207) 287- 1828 (Deaf/Hard of Hearing)
AGENCY:
10-146 - Department of Human Services, Bureau of Health, Office of
Health Data and Program Management
RULE TITLE OR SUBJECT: Ch. 7, Vital Records Fees
PROPOSED RULE NUMBER: 2004-P133
CONCISE SUMMARY: This rule amendment increases the fees for copies of
vital records and for services performed in the processing and preparation
of vital records.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA § 9
PUBLIC HEARING): Non scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 2, 2004
AGENCY CONTACT PERSON: Don Lemieux
AGENCY NAME: Department of Human Services, Bureau of Health, Office
of Health Data and Program Management
ADDRESS: 161 Capitol St., Augusta, ME 04333
TELEPHONE: (207) 287-5486
AGENCY:
01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 29, Dealer Margins
PROPOSED RULE NUMBER: 2004-P134
CONCISE SUMMARY: The Maine Milk Commission will meet to review comments
regarding a Model Dairy Study and adopt New Dealer Margins.
THIS RULE WILL NOT HAVE A FISCAL INTACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §2954
PUBLIC HEARING: 2:00 p.m., Tuesday, June 8, 2004, Room 233, Department
of Agriculture, Deering Building - Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: June 8, 2004
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta,
Maine 04333
TELEPHONE: (207) 287-3741
AGENCY:
01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order
#07-04
PROPOSED RULE NUMBER: 2004-P135
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, June 18, 2004, Room 233, Department
of Agriculture - Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: June 18, 2004
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building, Station #28, Augusta,
Maine 04333
TELEPHONE: (207) 287-3741
AGENCY:
18-554 - Department of Administrative & Financial Services, Bureau
of General Services
RULE TITLE OR SUBJECT: Ch. 60, Improvement of Energy Efficiency
in State-funded Construction
PROPOSED RULE NUMBER: 2004-P136
CONCISE SUMMARY The rule is intended to set out the process that designers
and building owners must follow to demonstrate that newly constructed
or renovated State buildings achieve energy savings that exceed existing
code requirements. The rule also applies to buildings built with state
funds, including buildings funded through state bonds or the Maine Municipal
Bond Bank.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: The rule is being promulgated pursuant to 5 MRSA
§1764-A.
PUBLIC HEARING: Thursday, 24 June 2004 at 1:30 p.m. in Room 300 of the
Cross State Office Building
DEADLINE FOR COMMENTS: Monday, 5 July 2004 by 5 p.m.
AGENCY CONTACT PERSON: Elaine Clark, Director, Bureau of General Services
AGENCY NAME: Department of Administrative & Financial Services, Bureau
of General Services
ADDRESS: 77 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-7360
ADOPTIONS
AGENCY:
17-229 - Maine Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 299, Highway Driveway and Entrance
Rules (amendment)
ADOPTED RULE NUMBER: 2004-174
CONCISE SUMMARY: This amendment to the previously adopted Highway Driveway
and Entrance Rules clarifies administrative provisions and increases
flexibility for permit applicants.
EFFECTIVE DATE: June 24, 2004
AGENCY CONTACT PERSON: Steve Landry
AGENCY NAME: Department of Transportation
ADDRESS: Maine Department of Transportation, Traffic Engineering Division,
16 State House Station, Augusta ME 04333-0016
TELEPHONE: (207) 624-3620
AGENCY:
06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 425, Asbestos Management Regulations
ADOPTED RULE NUMBER: 2004-175
CONCISE SUMMARY: The Department is proposing minor revisions to Ch.
425, the Asbestos Management Regulations. The Asbestos Management Regulations
apply to asbestos inspection, consulting, and abatement work in all
types of buildings. The revisions are intended to clarify certain requirements
of this rule.
STATUTORY AUTHORITY: 38 MRSA §1271 et seq.
AGENCY CONTACT PERSON: Ed Antz
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7829
AGENCY:
90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 3, Form Filing: Section 4,
Electronic Filing
ADOPTED RULE NUMBER: 2004-176
CONCISE SUMMARY: This amendment required electronic filing of 1) all
First Reports of Injury by January 1, 2005; 2) Notices of Controversy
by July 1, 2005; and 3) Memoranda of Payment by January 1, 2006. It
also includes a waiver mechanism for situations involving undue hardship.
EFFECTIVE DATE: June 1, 2004
AGENCY CONTACT PERSON: Timothy Collier, Assistant General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7086
AGENCY:
05-071 - State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 115, Certification, Authorization,
and Approval of Education Personnel
ADOPTED RULE NUMBER: 2004-177
CONCISE SUMMARY: This rule repeals and replaces the existing Ch. 115,
effective August 1, 2005 except for the provisions relating to certification
of administrators, which will take effect on September 1, 2004. This
rule includes alternative pathways to certification for teachers, education
specialists, and administrators. The rule is amended to allow teacher
candidates and administrator candidates for certification the option
of taking an assessment in lieu of some prescribed course work. The
rule includes new performance standards for both beginning teachers
and school administrators. Most teacher endorsements and educational
specialist certificates will require 24 semester hours of content coursework
plus assessments in basic skills, content and pedagogy. Computer technology,
gifted/talented and ESL endorsements will not require a different teacher
endorsement as a prerequisite. To meet the knowledge areas for an administrator
certificate, there will be an assessment option. New certificates for
athletic directors and assistant administrators of special education
will be available.
AGENCY CONTACT PERSON: Judith Malcolm
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6616
AGENCY:
94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 607, Amendment 7, Access to Medical
Education & Health Professions Loan Programs
ADOPTED RULE NUMBER: 2004-178
CONCISE SUMMARY: The Rule Amendment (a) increases the maximum Health
Professions loan amount available to recipients participating in the
Access program from $20,000 to $25,000; and (b) changes the rate of
interest to be charged during a period of payment deferment from the
then applicable federal Stafford loan rate plus 1.5% to the recipient's
actual note rate (for students commencing graduate education on or after
January 1, 1993).
EFFECTIVE DATE: June 2, 2004
AGENCY CONTACT PERSON:
Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, PO
Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
AGENCY:
01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices -
Order #06-04
ADOPTED RULE NUMBER: 2004-179
CONCISE SUMMARY: Minimum June, 2004 Class I price is $24.38 plus $0.15/cwt.
for Producer Margins and an over order premium of $1.10/cwt. as being
prevailing in southern New England for a total of $25.63. Class II minimums
set at $15.36 for April, 2004 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: June 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
© Department
of the Secretary of State
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