Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

April 6, 2005
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—015 — Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #05—05
PROPOSED RULE NUMBER: 2005—P89
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA Section 2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA Section 8054 and 7 MRSA Section 2954
PUBLIC HEARING: April 22, 2005, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: April 22, 2005
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287—7521


AGENCY: 13—188 — Department of Marine Resources
RULE TITLE OR SUBJECT: Chapter 34.10(1)(B)(2)(c), Recreational possession restriction – Winter Flounder
PROPOSED RULE NUMBER: 2005—P90
CONCISE SUMMARY: This rulemaking on winter flounder would implement an 8 fish creel limit for the recreational fishing sector. The proposed measure would meet compliance requirements with the Atlantic States Marine Fisheries Commission (ASMFC) February 10, 2005 approval of Amendment 1 to the Interstate Fisheries Management Plan for Winter Flounder required to be implemented by ASMFC member states by July 31, 2005.
STATUTORY AUTHORITY: 12 MRSA §6171
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARINGS: None scheduled; one may be requested.
Electronic copies with the entire proposed text may be obtained from the web site listed in this notice or to request hard copies to be mailed please use the contact information provided in this notice.
DEADLINE FOR COMMENTS: Friday, May 6, 2005
AGENCY CONTACT PERSONS: Lewis N. Flagg, tel: (207) 624—6550 or
Laurice Churchill, tel: (207) 633—9584
MAIL WRITTEN COMMENTS TO:
AGENCY NAME: Department of Marine Resources
ADDRESS: Attn: L Churchill, PO Box 8, West Boothbay Harbor, Maine 04575—0008
WEB SITE: www.maine.gov/dmr/rulemaking
FAX: (207) 633—9579
TTY: 287—4474 (Deaf/Hard of Hearing)


AGENCY: 02—373 — Department of Professional and Financial Regulation, Board of Licensure in Medicine
RULE TITLE OR SUBJECT: Ch. 1, Rules for Regulating Physician Licensing (replaces former Ch. 1 and 4)
PROPOSED RULE NUMBER: 2005—P91 and P92
CONCISE SUMMARY: The rules in this chapter clarify the statute for licensure and describe the requirements established by the Board of Licensure in Medicine for licensing and renewing licenses of medical doctors. This rule combines and replaces the former chapters 1 and 4.
STATUTORY AUTHORITY: 32 MRSA §3269 sub—§3
RULE TITLE OR SUBJECT: Ch. 2, Physician Assistants
PROPOSED RULE NUMBER: 2005—P93
CONCISE SUMMARY: Ch. 2 constitutes rules governing physician assistants who are supervised by physicians licensed by the Board of Licensure in Medicine. Ch. 2 also establishes a Physician Assistant Advisory Committee.
STATUTORY AUTHORITY: 32 MRSA §3269 sub—§7 and §3270—A, B and C
RULE TITLE OR SUBJECT: Ch. 3, Physician Supervision of Advanced Practice Registered Nurse Under Medical Delegation
PROPOSED RULE NUMBER: 2005—P94
CONCISE SUMMARY: A certified nurse midwife or certified nurse practitioner who is approved by the Maine State Board of Nursing as an advanced practice registered nurse may choose to perform medical diagnosis or prescribe therapeutic or corrective measures when these services are delegated by a licensed physician, as authorized by 32 MRSA §2205—B.3. When working under the delegation of a physician the APRN / physician relationship must be registered with the Board of Licensure in Medicine. This chapter constitutes rules governing registration of these advanced nursing classifications when performing under the delegation/supervision of a physician, and the physicians who supervise them. Ch. 2 constitutes rules governing Physician Assistants who are supervised by physicians licensed by the Board of Licensure in Medicine.
STATUTORY AUTHORITY: 32 MRSA §3269, sub—§7
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: no public hearing is scheduled.
DEADLINE FOR COMMENTS: May 13, 2005
AGENCY CONTACT PERSON: Randal C. Manning, Executive Director
AGENCY NAME: Board of Licensure in Medicine
ADDRESS: 137 State House Station, Augusta, ME 04333—0137
TELEPHONE: (207) 287—3601


AGENCY: 10—144 — Department of Health and Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual – Rev. #223P, Coverage of Caretaker Relatives and Children Under Age 18 at 200% FPL
PROPOSED RULE NUMBER: 2005—P95
CONCISE SUMMARY: The Department is proposing to create a new MaineCare coverage group for caretaker relatives for children under the age of 18 who have income between 150% and 200% of Federal Poverty Level (FPL). The changes contemplated by this proposed rule (expand MaineCare income limits for parents and other specified relatives serving in a parental role to 200% FPL require approval by CMS, the federal agency that oversees MaineCare. The Department sent a proposed amendment to the State Plan to CMS on March 28, 2005. THE DEPARTMENT WILL NOT ADOPT THIS RULE IF IT DOES NOT RECEIVE CMS APPROVAL.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 3173, 3174
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: May 6, 2005
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, 268 Whitten Road, Augusta, ME 04333—0011
TELEPHONE: (207) 287—5054
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. 301, Food Stamp Certification Manual – Rev. #144P, Updated List of Waived Geographic Areas for the Time Limited Rule for ABAWDS
PROPOSED RULE NUMBER: 2005—P96
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 geographically 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 are no longer exempt: Livermore, Mechanic Falls, Bridgewater, Cyr Plt., Hamlin, Monticello, Perham, Bar Harbor, Ellsworth, Orland, Gardiner, Readfield, Bradley, Carmel, Charleston, Corinth, Greenbush, Hudson, Levant, Newburgh, Islesboro, Liberty, Stockton Springs, and Troy.
The following municipalities are being added to the exempt list: Limestone, Oakfield, Smyrna, Unity, Prentiss Plantation, Drew Plantation and Berwick. The other municipalities on the current exempt list remain on that list.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: May 13, 2005
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Health and Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, 268 Whitten Road, Augusta, ME 04333—0011
TELEPHONE: (207) 287—5093
TTY: (207) 287—6948


ADOPTIONS: no adoptions this week.

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