Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

June 30, 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: 01-017 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Adoption of New Board of Pesticides Control Rule, Ch. 26, Standards for Pesticide Applications and Notification for All Occupied Buildings Except K-12 Schools
PROPOSED RULE NUMBER: 2004-P189
CONCISE SUMMARY: The Board has patterned this proposed new rule after Ch. 27 that sets standards for pesticide applications and public notification in schools. The rule will establish procedures and standards for commercial applicators applying pesticides inside occupied private and public buildings. These will include but will not be limited to rented residential buildings, condominiums, licensed childcare facilities and nursery schools, and commercial and institutional buildings. The rule will require that commercial applicators conduct their applications using appropriate elements of integrated pest management. In addition, it will set forth requirements for commercial applicators or the client who hires them to provide written notification to all residents, employees or other persons who occupy a building on a regular basis.
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 Wednesday, July 21, 2004 in the Colby/Thomas Rooms at the Hampton Inn, 425 Kennedy Memorial Drive, Waterville
DEADLINE FOR COMMENTS: 4:00 p.m. on Friday, August 13, 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
FAX: (207) 624-5003
EMAIL: robert.batteese@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/laws/rulemaking.htm


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #08-04
PROPOSED RULE NUMBER: 2004-P190
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, July 23, 2004, Room 233, Department of Agriculture - Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: July 23, 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. 235, Annual Audited Financial Reports
PROPOSED RULE NUMBER: 2004-P191
CONCISE SUMMARY: This Rule is proposed by the Superintendent of Insurance pursuant to 24 MRSA 2317(2) and 24-A MRSA 212, 221-A(5), and 4218, in order to ensure that the annual audited financial reports required pursuant to 24-A MRSA 221-A and other applicable provisions of the Maine Insurance Code are prepared in compliance with the standards established by the National Association of Insurance Commissioners.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 24 MRSA 2317(2) and 24-A MRSA 212, 221-A(5), and 4218, in order to ensure that the annual audited financial reports required pursuant to 24-A MRSA 221-A and other applicable provisions of the Maine Insurance Code are prepared in compliance with the standards established by the National Association of Insurance Commissioners.
PUBLIC HEARING: Friday July 23, 2004 at 9:00 a.m. in the Kennebec Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: August 3, 2004 by 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. 315, Small Generator Aggregation
PROPOSED RULE NUMBER: 2004-P192
CONCISE SUMMARY: To establish requirements for standard offer providers to purchase the electricity from small generators.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 111, 1301 and 3210-A
PUBLIC HEARING: None Scheduled
DEADLINE FOR COMMENTS: August 4, 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: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Proposed Rule: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 58, Licensed Clinical Social Worker and Licensed Clinical Professional Counselor Services
PROPOSED RULE NUMBER: 2004-P193
CONCISE SUMMARY: This proposed rule will add Licensed Marriage and Family Therapists as approved providers of prior authorized professional assessment, counseling and therapeutic services to children or adults referred by the Bureau of Child and Family Services or the Bureau of Elder and Adult Services. The proposed rule updates standard terminology throughout the rule and deletes obsolete text regarding Policies and Procedures and Billing Instructions with references to Ch. I, General Administrative Policies and Procedures. Ch. III reflects technical changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173. Resolves 2003, Ch. 107
PUBLIC HEARING:
Date: July 20, 2004
Time: 11: 00 a.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 July 14, 2004.
DEADLINE FOR COMMENTS: July 30, 2004
AGENCY CONTACT PERSON: Greg Nadeau
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) 287-9367
FAX: (207) 287-9369
TTY: 1 (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 (MBM): Ch. II and III, Section 100, Psychological Services
PROPOSED RULE NUMBER: 2004-P194
CONCISE SUMMARY: Therapy services are limited to 16 total hours per year. The services limitation of 16 total hours does not apply to services to members under the age of 21 years, chronic pain management services, emergency services, psychological examiner intervention services and psychological testing.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 22 MRSA 42, 3173, 3174-FF
PUBLIC HEARING:
Date: July 20, 2004
Location: Conference Room 4, 9 a.m., Department of Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: July 30, 2004
AGENCY CONTACT PERSON: Greg Nadeau
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) 287-9367
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 67, Nursing Facility Services
PROPOSED RULE NUMBER: 2004-P195
CONCISE SUMMARY This proposed rule specifies the coverage of direct costs and the calculation of case mix index rates for various nursing facilities, making a distinction between new facilities with no case mix history and other established facilities. Additionally, language is proposed in Sections 101.3 and 172.2 that will allow for adjustments of interim payments at the time of audit.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: July 21, 2004, 10 a.m., Conference Room, Bureau of Medical Services, DHS, 442 Civic Center Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: Written comments will be accepted through August 2, 2004.
AGENCY CONTACT PERSON: Julie Tosswill
AGENCY NAME: Policy Development, Bureau of Medical Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360 or 1 (800) 321-5557 option 9
DEAF/HARD OF HEARING TTY: (207) 287-1828 or 1 (800) 423-4331


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 945, Annual Report Supplement for Health Insurers
PROPOSED RULE NUMBER: 2004-P196
CONCISE SUMMARY: This rule establishes standards, procedures, and forms that health insurers and health maintenance organizations must use in filing the annual report supplement required by 24-A MRSA 423-D.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This rule is proposed in accordance with 24-A MRSA 212 and 423-D.
PUBLIC HEARING: July 20, 2004 at 9:00 a.m. in the Utilities Legislative Committee room # 209 in the Burton M. Cross Building, 111 Sewall Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 30, 2004
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8460


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 323, Maine General Assistance Manual - Removal of Federal Poverty Levels from Policy and Clarification of Shelter Cost
ADOPTED RULE NUMBER: 2004-224
CONCISE SUMMARY: The Federal Poverty Levels chart has been a part of policy. 22 MRSA 4301(7) allows municipalities to use the applicable Federal Poverty Level to calculate the proration of a lump sum payment. The Department of Human Services can supply the Federal Poverty Levels chart yearly as an informational tool. This will eliminate the need to propose a policy change every year. The clarification of shelter cost will aid GA directors in calculating the correct rental assistance.
EFFECTIVE DATE: June 26, 2004
AGENCY CONTACT PERSON: Cindy Boyd, General Assistance 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) 287-3097
TTY: (207) 287-6948


AGENCY: 14-118 - Department of Behavioral and Developmental Services, Office of Substance Abuse
CHAPTER NUMBER AND TITLE: Ch. 11, Registration, Collection, and Dissemination of Prescription Data Relating to Schedule II, III, and IV Drugs
ADOPTED RULE NUMBER: 2004-225
CONCISE SUMMARY: These rules implement the Prescription Monitoring Program. Established by the Legislature as a means to promote the public health and welfare and to deter and prevent prescription drug abuse. All transactions from pharmacies dispensing prescriptions to Maine residents for Schedules II, III, and IV drugs will be submitted electronically to a database. This database will then be analyzed to see if anyone has been receiving dangerous levels of prescription drugs. Reports will then be generated from the analysis and sent to the doctors who show up as the prescribers of the prescriptions. The same report will also be sent to the pharmacies who show up as the dispensers of the prescriptions. This information will allow doctors and pharmacies to better administer prescriptions drugs to limit and curb the dangerous and deadly effects of abuse and overdose Maine has seen.
EFFECTIVE DATE: June 22, 2004
AGENCY CONTACT PERSON: Chris Baumgartner, PMP Coordinator
AGENCY NAME: Office of Substance Abuse
ADDRESS: Marquardt Building, AMHI Complex, 3rd Floor, 159 State House Station, Augusta, ME 04333-0159
TELEPHONE: (207) 287-3363


AGENCY: 02-384 - State Board of Alcohol and Drug Counselors
CHAPTER NUMBER AND TITLE:
Ch. 1, Definitions
Ch. 2, Advisory Rulings
Ch. 3, Requirements for Registration as an Alcohol and Drug Counseling Aide
Ch. 4, Requirements for Licensure as a Certified Alcohol and Drug Counselor
Ch. 5, Requirements for Licensure as a Licensed Alcohol and Drug Abuse Counselor (LADC)
Ch. 6, Standards for Certification of Clinical Supervisors
Ch. 7, Continuing Professional Education for Alcohol and Drug Counselors, Alcohol and Drug Counseling Aides and Certified Clinical Supervisors
Ch. 8, Enforcement and Disciplinary Procedures
Ch. 9, Code of Ethics
ADOPTED RULE NUMBER: 2004-226 through 234
CONCISE SUMMARY: This is a recodification. of the rules of the State Board of Alcohol and Drug Counselors that will repeal and replace the rules currently in effect. The proposed rules reflect the recodification of the alcohol and drug law made by PL 2003, c. 347, and also reflect the new licensing hierarchy of alcohol and drug counseling aide, certified alcohol and drug counselor, licensed alcohol and drug counselor and certified clinical supervisor.
EFFECTIVE DATE: November 1, 2004
AGENCY CONTACT PERSON: Geraldine L. Betts
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624 8625


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #07-04
ADOPTED RULE NUMBER: 2004-235
CONCISE SUMMARY: Minimum July, 2004 Class I price is $21.20 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 $22.45. Class II minimums set at $15.18 for May, 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: July 1, 2004
AGENCY CONTACT PERSON:
NAME: Stanley Y, Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 130, Solvent Cleaners
ADOPTED RULE NUMBER: 2004-236
CONCISE SUMMARY: The Board of Environmental Protection adopted this "Repeal and Replace" amendment to Ch. 130, Solvent Cleaners, to further reduce the emissions of volatile organic compounds (VOCs) from solvents used in solvent cleaning operations. Low vapor pressure solvents release less VOCs to the atmosphere; VOCs contribute to summertime ozone air pollution, so reduced VOCs means less ozone created.
The rule provides standards and operating procedures for the several classes of cleaners. Most solvent cleaners in Maine are Cold Cleaners used in auto repair shops. A new "Alternative Compliance Demonstration" for cleaners other than Cold Cleaners has been added. Key changes are: a new 2 liter de minimis exemption; the requirement to use in non-Cold Cleaners very low vapor pressure solvents (1 mm mercury or less); and alternatively, persons who use cold cleaners containing 5% or less of VOCs are now exempt from requirements of this Chapter. Promulgation of this regulation will reduce statewide VOC emissions by an estimated six tons per day.
Copies of this rule are available by contacting the Agency contact person listed below or on the DEP website at: www.maine.gov/dep/air/regulations/recentlyadopted.htm.
EFFECTIVE DATE: June 28, 2004
AGENCY CONTACT PERSON: Donald L. Anderson
AGENCY NAME: Bureau of Air Quality Control
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 790, Procedures for Resolving Coordination of Benefits Disputes
ADOPTED RULE NUMBER: 2004-237
CONCISE SUMMARY: This Rule is adopted by the Superintendent, pursuant to 24 MRSA 2332-A and 24-A MRSA 212, 2723-A, 2844, and 4218, in order to provide for the orderly transfer of information needed to pay claims promptly and reduce claims payment delays and misunderstandings. This Rule applies to all health carriers and other entities subject to the jurisdiction of the Superintendent of Insurance.
EFFECTIVE DATE: June 29, 2004
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
PHONE: (207)624-8460


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