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Weekly Rulemaking Notices Contact Us Find It

July 21, 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: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 803, Participating Local District Consolidated Retirement Plan
PROPOSED RULE NUMBER: 2004-P207
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendments change the conditions under which members are permitted to purchase additional service credit and modify specific provisions of the disability retirement plan by which plan participants are covered.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 17103, sub-4 and 18801 et seq.
PUBLIC HEARING: August 12, 2004, 9:05 a.m., Maine State Retirement System, Second Floor Conference Room, Two Central Plaza, Augusta, Maine 04333
DEADLINE FOR COMMENTS: August 23, 2004
AGENCY CONTACT PERSON: Kathy Morin
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or 1 (800) 451-9800


AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Ch. 33, Proposed Statement for Administering the 2005 Maine Community Development Block Grant Program
PROPOSED RULE NUMBER: 2004-P208
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13058, Subsection 3
PUBLIC HEARINGS:
August 11, 2004, 10:00 a.m., EMDC Conference Room, One Cumberland Place, Suite 300, Bangor, Maine 04402
August 13, 2004, 10:00 a.m., DECD West Conference Room, Burton Cross Building 3rd Floor, 111 Sewall Street, Augusta, Maine 04333
August 17, 2004, 1:00 p.m., Council Chamber, City Hall, 12 Second Street, Presque Isle, Maine 04769
DEADLINE FOR COMMENTS: August 27, 2004 at 4:00 p.m.
AGENCY CONTACT PERSON: Michael D. Baran, Technical Assistance Program Manager
AGENCY NAME: Department of Economic and Community Development, Office of Community Development
ADDRESS: 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9816


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF): Ch. V, Transitional Transportation, Rev. #77-P
PROPOSED RULE NUMBER: 2004-P209
CONCISE SUMMARY: Under current rules, Transitional Transportation is available for only three (3) months. With this amendment, Transitional Transportation benefits will become available for up to 12 months to members of a household who obtain employment while a TANF or PaS participant and become ineligible for TANF or PaS.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 1053-B, 3762(8)(B)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 20, 2004
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Health and Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-3104
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF): Ch. IX, Alternative Aid, Rev. #76-P
PROPOSED RULE NUMBER: 2004-P210
CONCISE SUMMARY: Currently, the rules that govern the TANF payment, including the asset limit and budgeting process, apply to Alternative Aid Assistance. This amendment increases the gross income pretest for eligibility to participate in Alternative Aid Program.
The Alternative Aid Assistance Program is amended in this way:
* The gross income pretest increases to 133% of the Federal Poverty Level.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3763(8)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 20, 2004
AGENCY CONTACT PERSON Rose Masure, TANF Program Manager
AGENCY NAME: Department of Health and Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-3104
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 85, Physical Therapy Services
PROPOSED RULE NUMBER: 2004-P211
CONCISE SUMMARY: This rule proposes major changes in coverage of MaineCare Physical Therapy Services. The rule, when adopted, will implement a legislatively mandated reduction for MaineCare Physical Therapy Services. This rule will establish specific eligibility criteria for adults and set limitations on the services they may receive. Eligibility for adults will be limited to those with rehabilitation potential and to treatment following certain hospital stays, after certain procedures, and in cases of required extensive assistance in activities of daily living, and to other medically necessary treatment. Additional changes include revisions to billing procedure codes necessary to update MaineCare billing codes to current coding practice.
See http://www.maine.gov/bms/MaineCareBenefltManualRules.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: August 11, 3:00 p.m.
Location: Conference Room # 1A, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 4, 2004.
DEADLINE FOR COMMENTS: Comments must be received by midnight August 23, 2004.
AGENCY CONTACT PERSON: Kip Neale, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 68, Occupational Therapy Services
PROPOSED RULE NUMBER: 2004-P212
CONCISE SUMMARY: This rule proposes major changes in coverage of MaineCare Occupational Therapy Services. The rule, when adopted, will implement a legislatively mandated reduction for MaineCare Occupational Therapy Services. This rule will establish specific eligibility criteria for adults and set limitations on the services they may receive. Eligibility for adults will be limited to those with rehabilitation potential and to treatment following certain hospital stays, after certain procedures, and in cases of required extensive assistance in activities of daily living, and to other medically necessary treatment. Additional changes include revisions to billing procedure codes necessary to update MaineCare billing codes to current coding practice.
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: August 11, 1:00 p.m.
Location: Conference Room #1A, Department of Health and Human Services, 442 Civic Center Drive, Augusta; ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 4, 2004.
DEADLINE FOR COMMENTS: Comments must be received by midnight August 23, 2004.
AGENCY CONTACT PERSON: Kip Neale, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 424, Lead Management Regulations
PROPOSED RULE NUMBER: 2004-P215
CONCISE SUMMARY: The Department is proposing minor revisions to Ch. 424 to clarify standards of conduct for lead professionals providing lead-related services to Maine citizens and to simplify abatement work practices. The proposed changes include a reduction in training course length, provisions to require that training providers notify the Department of offered training courses, and a requirement that training providers maintain attendance sign in/out logs to ensure that training standards are met. There are also additional changes proposed to further simplify the rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 1295
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: August 20, 2004
AGENCY CONTACT PERSON: Jamie Tansey
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7722


ADOPTIONS

AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 301, Standard Offer Service
ADOPTED RULE NUMBER: 2004-268
CONCISE SUMMARY: The purpose of the amendments is to allow for Commission flexibility to implement its evolving approach to standard offer service for the medium and large non-residential customer classes and to otherwise make the rule consistent with Commission standard offer practice.
EFFECTIVE DATE: 2004-268
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: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 895, Underground Facility Damage Prevention Requirements Rule
ADOPTED RULE NUMBER: 2004-269
CONCISE SUMMARY: To conform to changes in the laws made by P.C. 2001, Ch. 577 and P.L. 2003, Ch. 373 and to improve and clarify the existing rule.
EFFECTIVE DATE: August 8, 2004
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: 05-071 - Department of Education, State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 13, Qualifying Examinations for Teachers and Administrators
ADOPTED RULE NUMBER: 2004-270
CONCISE SUMMARY: This rule amends the existing Ch. 13. The rule revisions will become effective September 1, 2004. The rule includes the qualifying examinations required for teachers seeking initial teacher certification. The rule has been amended to provide the qualifying examinations for school administrators seeking initial school administrator certification which have been adopted by the State Board of Education. The rule also eliminates references to tests no longer required for certification and names dates no longer relevant to test administration. The title of the rule has been amended to include reference to administrators.
EFFECTIVE DATE: June 17, 2004
AGENCY CONTACT PERSON: Judith Malcolm
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta ME 04333-0023
TELEPHONE: (207) 624-6842


AGENCY: 10-148 - Department of Health and Human Services, Community Services Center, Division of Licensing
CHAPTER NUMBER AND TITLE: Ch. 36, Rules for the Licensing of Nursery Schools (replacing: Rules for Approval of Operating a Nursery School or a Registered Home Baby-Sitting Service)
ADOPTED RULE NUMBER: 2004-271
CONCISE SUMMARY: These adopted rules establish standards for the safe operation of nursery schools. This includes rules regarding licensing requirements and procedures, record keeping, staffing requirements, staff training and qualifications, immunization and environmental safety.
There have been no significant changes to Nursery School Rules since 1976. In 2001, Title 22, MRSA 8302-A and Title 22, MRSA 8402 were revised to include a requirement that the Department of Health and Human Services adopt rules regarding the health and safety for nursery schools.
EFFECTIVE DATE: September 27, 2004
AGENCY CONTACT PERSON: Robert Steinberg
AGENCY NAME: Community Services Center
ADDRESS: 221 State Street, Station #11 Augusta, ME 04333
TELEPHONE: (207) 287-5060
TDD: (207) 287-5048


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 850, Identification of Hazardous Wastes
ADOPTED RULE NUMBER: 2004-272
CONCISE SUMMARY: This rule change applies to laboratories that perform the Toxic Characteristic Leaching Procedure (TCLP). The TCLP test method was last updated to the 1990 version. This rulemaking will update the test method to the most current version.
EFFECTIVE DATE: July 20, 2004
AGENCY CONTACT PERSON: Stacy A. Ladner
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station #17, Augusta, Maine 04333
TELEPHONE: (207) 287-2651


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