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January 26, 2005
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:
02-041 - Department of Professional & Financial Regulation, Office
of Licensing & Registration - Charitable Solicitations Program
RULE TITLE OR SUBJECT:
Ch. 1, Registration Applications and Financial Statements (renamed
and amended)
Ch. 2, Annual Fundraising Activity Reports (new)
Ch. 3, Enforcement and Disciplinary Procedures (new)
PROPOSED RULE NUMBER: 2005-P8 through 2005-P10
CONCISE SUMMARY: These proposed rules will provide for the administration
and enforcement of the Charitable Solicitations Act, 9 MRSA §5001 et
seq., and implement the changes made to the Act by PL 2004, c. 541.
The proposed rules: (a) Clarify the application, renewal and financial
reporting requirements for charitable organizations, professional solicitors,
professional fund-raising counsel, and commercial co-venturers; (b)
Set forth the appropriate methodology for calculating dollar amounts
and percentages on the annual fundraising activity reports filed by
registrants; (c) Establish an applicant's or registrant's time to request
an adjudicatory hearing from a denial or refusal to renew a registration;
and (d) Establish the Administrative Complaint Procedure of the Department
of Professional and Financial Regulation, Office of Licensing and Registration
as the procedure for investigating complaints against registrants.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 9 MRSA §§ 5005 B(l), 5008(3 A) and 5018
PUBLIC HEARING: Tuesday, February 15, 2005, 9 a.m., Kennebec Room, Department
of Professional & Financial Regulation, 122 Northern Ave., Gardiner,
ME 04345
DEADLINE FOR WRITTEN COMMENTS: Friday, February 25, 2005
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Program Administrator
ADDRESS: Department of Professional and Financial Regulation, Office
of Licensing and Registration, #35 State House Station, Augusta, Maine
04333
PHONE NUMBER: (207) 624-8617
AGENCY:
18-554 - Department of Administrative & Financial Services, Bureau
of General Services
RULE TITLE OR SUBJECT: Amendment of Ch. 60, Improvement of Energy
Efficiency in State-funded Construction
PROPOSED RULE NUMBER: 2005-P11
CONCISE SUMMARY: The amendment provides clarification about the projects
to which the Rule is applicable.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: The rule is being promulgated pursuant to 5 MRSA
§1764 A
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: Wednesday, 2 March, 2005 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 04333-077
TELEPHONE: (207) 624-7360
AGENCY:
94-348 - Maine Human Rights Commission
RULE TITLE OR SUBJECT: Ch. 3, Employment Regulations of the Maine
Human Rights Commission
PROPOSED RULE NUMBER: 2005-P12
CONCISE SUMMARY: The proposed change adds to the existing definition
of disability, stating the Commission's 30 year position that mitigating
measures are not to be considered when determining whether a disability
exists.
RULE TITLE OR SUBJECT: Ch. 5, Public Accommodations Regulations
Relating to Physical or Mental Disability Discrimination in Public Conveyances
of the Maine Human Rights Commission
PROPOSED RULE NUMBER: 2005-P13
CONCISE SUMMARY: The proposed change adds to the existing definition
of disability, stating the Commission's 30 year position that mitigating
measures are not to be considered when determining whether a disability
exists.
RULE TITLE OR SUBJECT: Ch. 7, Accessibility Regulations of the
Maine Human Rights Commission
PROPOSED RULE NUMBER: 2005-P14
CONCISE SUMMARY: The proposed change adds to the existing definition
of disability, stating the Commission’s 30 year position that mitigating
measures are not to be considered when determining whether a disability
exists.
RULE TITLE OR SUBJECT: Ch. 8, Housing Regulations of the Maine
Human Rights Commission
PROPOSED RULE NUMBER: 2005-P15
CONCISE SUMMARY: The proposed change adds to the existing definition
of disability, stating the Commission's 30 year position that mitigating
measures are not to be considered when determining whether a disability
exists.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §4566(7)
PUBLIC HEARING: February 14, 2005, 9:00 a.m., Senator Inn & Conference
Center, Embassy Room, 284 Western Ave., Augusta, ME
DEADLINE FOR COMMENTS: February 24, 2005
AGENCY CONTACT PERSON: John E. Carnes, Esq.
AGENCY NAME: Maine Human Rights Commission
ADDRESS: 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: (207) 624-6050
AGENCY:
05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 51, Child Nutrition Programs in Public
Schools and Institutions
PROPOSED RULE NUMBER: 2005-P16
CONCISE SUMMARY: The Department of Education is proposing amendments
to Ch. 51, Child Nutrition Programs in Public Schools and Institutions.
This rule contains the requirements that supplement federal regulations
pertaining to the National School Lunch Program, the After School Snack
Program, the School Breakfast Program and the School Milk Program. Proposed
amendments would prohibit the sale of foods and beverages of minimal
nutritional value, as defined by federal regulation, at any time on
school property of a school participating in any of the child nutrition
programs. An amendment is proposed that would allow an exception to
the above for school staff, the public at community events sponsored
by the school, and in State approved Career and Technical Education
(CTE) Programs but only under policy established by the local school
board or the CTE board. The rule would require that funds from the sale
of food and beverages at any time on school property, must accrue to
the benefit of the school's food service program unless an exception
is provided under local school board or CTE board policy.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §6602
PUBLIC HEARING: Friday, February 18, 2005, 3:00 4:30 p.m., Burton M.
Cross State Office Building, ATM Room 103 and Three Remote ATM Sites:
Presque Isle High School, Ellsworth High School and Gorham High School
DEADLINE FOR COMMENTS: March 1, 2005
AGENCY CONTACT PERSON: Judith Malcolm
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6845
AGENCY:
02-031 – Department of Professional and Financial Regulation, Bureau
of Insurance
RULE TITLE OR SUBJECT: Ch. 750, Standardized Health Plans
PROPOSED RULE NUMBER: 2005-P17
CONCISE SUMMARY: In order to start a health savings account (HSA), federal
law requires an individual to be enrolled in a high deductible health
plan as defined at section 223 of the Internal Revenue Code. The proposed
2005 amendments to Insurance Rule Ch. 750 are designed to permit HMOs
to offer high deductible health plans that are compatible with HSAs.
The amendments to the Product Design Guidelines in Part II of the Rule
would make the maximum HMO deductibles and maximum HMO out of pocket
limits inapplicable to HMO plans that otherwise qualify as high deductible
health plans under federal law. The proposed amendments also amend the
Standardized Health Plan provisions in Part I of the Rule to omit references
to small group health plans and MEWAs. By statute, carriers in the small
group market are no longer required to offer standardized plans.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 24 MRSA Ch. 19, 24-A MRSA §§ 212, 2736-C(6)(F),
2736-C(8), 4204(2-A),and 4222-B
PUBLIC HEARING: 1:00 p.m., February 16, 2005, Kennebec Room, Maine Department
of Professional and Financial Regulation Building, 124 Northern Avenue,
Gardiner, Maine
DEADLINE FOR COMMENTS: February 28, 2005
AGENCY CONTACT PERSON: Lisa Lewis, Maine Bureau of Insurance, 34 State
House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8417
AGENCY:
94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 601, The Maine State Grant Program
(MSGP) - Amendment 9
PROPOSED RULE NUMBER: 2005-P18
CONCISE SUMMARY: The rule amendment clarifies definition of a resident
of the State by: (a) clarifying that residence may not be established
while attending an institution of higher education in the State, and
(b) removes payment of in state tuition at public institutions of higher
education as an indicia of residency in Maine. The rule amendment also
clarifies that each participating institution of higher education should
designate a single contact person, although more than one person may
be responsible for financial aid at that school, and it further clarifies
the number of grants an individual may receive.
STATUTORY AUTHORITY: 10 MRSA §969-A(14), 20 A MRSA §11617(2)
RULE TITLE OR SUBJECT: Ch. 611, Maine College Savings Program
– Amendment 7
PROPOSED RULE NUMBER: 2005-P19
CONCISE SUMMARY: The rule amendment creates new categories of NextGen
scholarships.
STATUTORY AUTHORITY: 10 MRSA §969-A, 20-A MRSA §11485
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES OR COUNTIES.
PUBLIC HEARING: 10:00 a.m., February 17, 2005, Finance Authority of
Maine, 5 Community Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: Written comments are requested on or before February
17, 2005, but will be accepted on or before February 28, 2005. Oral
or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance
Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095
ADOPTIONS
AGENCY:
03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10 Subsection 27.2, Policy and Procedures
Manual Supervised Community Confinement Program
ADOPTED RULE NUMBER: 2005-32
CONCISE SUMMARY: The Maine Department of Corrections is adopting a proposal
to revise the existing policy, procedures, and rules governing the Supervised
Community Confinement Program Policy pursuant to 34 A MRSA, section
3036 A to implement the changes to the Supervised Community Confinement
Program that are necessary, due to overcrowding in the facilities, to
avoid an immediate threat to the public health, safety or general welfare.
This rule, Ch. 10 Subsection 27.2, Policy and Procedures Manual - Supervised
Community Confinement Program, repeals and replaces Ch. 10 Subsection
25.3.4, Policy and Procedures Manual - Supervised Community Confinement
Program.
EFFECTIVE DATE: January 21, 2005
AGENCY NAME: Maine Department of Corrections
AGENCY CONTACT PERSON: Ellis King
ADDRESS: State House Station 111 Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342
AGENCY:
01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 61, Maine Milk Pool: Cost of Administration
ADOPTED RULE NUMBER: 2005-33
CONCISE SUMMARY: These amendments to the Maine Milk Pool Cost of Administration
Rule, Ch. #61, were proposed to reflect the estimated administrative
costs of operating the Pool for calendar year 2005.
EFFECTIVE DATE: January 24, 2005
AGENCY CONTACT PERSON:
NAME: Stanley Millay, Pool Administrator, Maine Milk Commission, Deering
Building Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741
AGENCY:
10-144 - Department of Health and Human Services, Bureau of Medical
Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual:
Ch. II & III Section 68, Occupational Therapy Services
ADOPTED RULE NUMBER: 2005-34
CONCISE SUMMARY: This rule establishes specific eligibility criteria
for adults and limits 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,
in cases of required extensive assistance in activities of daily living,
and to one visit for other medically necessary treatment. Additional
changes include revisions to billing procedure codes necessary to comply
with HIPAA coding practice.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm
for rules and related rulemaking documents.
EFFECTIVE DATE: February 1, 2005
AGENCY CONTACT PERSON: Kip Neale, Health Planner
AGENCY NAME: Division of Policy and Provider 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/Hard of Hearing)
AGENCY:
10-144 - Department of Health and Human Services, Bureau of Medical
Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual:
Ch. II & III Section 85, Physical Therapy Services
ADOPTED RULE NUMBER: 2005-35
CONCISE SUMMARY: This rule establishes specific eligibility criteria
for adults and limits 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,
in cases of required extensive assistance in activities of daily living,
and to one visit for other medically necessary treatment. Additional
changes include revisions to billing procedure codes necessary to comply
with HIPAA coding practice.
See http://www.maine.gov/bms/MaineCareBeneritManualRules.htm
for rules and related rulemaking documents.
EFFECTIVE DATE: February 1, 2005
AGENCY CONTACT PERSON: Kip Neale, Health Planner
AGENCY NAME: Division of Policy and Provider 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/Hard of Hearing)
AGENCY:
29-250 – Department of Secretary of State, Bureau of Motor Vehicles,
Maine Motor Vehicle Franchise Board
CHAPTER NUMBER AND TITLE: Ch. 14, Rules of the Maine Motor Vehicle
Franchise Board
ADOPTED RULE NUMBER: 2005-36
CONCISE SUMMARY: These rules establish procedures for the conduct of
adjudicatory proceedings before the Maine Motor Vehicle Franchise Board.
They should be read in conjunction with the statutory provisions of
the Maine Motor Vehicle Franchise law, 10 MRSA Ch. 204.
EFFECTIVE DATE: February 23, 2005
AGENCY CONTACT PERSON: John McCurry
AGENCY NAME: Maine Motor Vehicle Franchise Board
ADDRESS: 101 Hospital Street, 29 State House Station, Augusta, Maine
04333-0029
TELEPHONE: (207) 624-9131
© Department
of the Secretary of State
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