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Weekly Rulemaking Notices Contact Us Find It

April 20, 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: 09—137 — Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.00, Wildlife Management Districts (WMDs)
PROPOSED RULE NUMBER: 2005-P97
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to make changes to the existing Wildlife Management Districts in order to consolidate areas with similar physical/habitat characteristics and deer densities. This change affects WMDs 25, 26, 27, 28, 29 and 3O. This change will result in the reduction of WMDs from 30 to 29. In addition, road/route references are being updated throughout the WMDs as a result of E911 implementation. These changes would take effect with the beginning of the Spring Wild Turkey Hunting Season in 2006. A detailed copy of the rule may be obtained from the Agency Contact Person below.
STATUTORY AUTHORITY: 12 MRSA §10104
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled — one may be requested.
DEADLINE FOR COMMENTS: May 21, 2004
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333—0041
TELEPHONE: (207) 287—5201
E—MAIL: andrea.erskine@state.me.us


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.03, Antlerless Deer Hunting Restrictions
PROPOSED RULE NUMBER: 2005-P98
CONCISE SUMMARY: In accordance with Title 12, MRSA, Section 7457, subsection 1(H), the Commissioner of Inland Fisheries and Wildlife proposes to adopt Antlerless Deer Hunting Restrictions for the 2005 regular and special muzzleloading deer hunting seasons. This proposal will establish specific permit allocations for the 30 Wildlife
Management Districts (WMD) as follows:

WMD 1 — 0 permits
WMD 2 — 0 permits
WMD 3 — 0 permits
WMD4 — 150 permits
WMD 5 — 250 permits
WMD 6 — 225 permits
WMD 7 — 675 permits
WMD 8 — 825 permits
WMD 9 — 400 permits
WMD 10 — 200 permits
WMD 11 — 150 permits
WMD 12 — 1,400 permits
WMD 13 — 1,950 permits
WMD 14 — 450 permits
WMD 15 — 3,625 permits
WMD 16 — 6,300 permits
WMD 17 — 14,700 permits
WMD 18 — 375 permits
WMD 19 — 0 permits
WMD 20 — 4,425 permits
WMD 21 — 4,900 permits
WMD 22 — 6,000 permits
WMD 23 — 12,300 permits
WMD 24 — 3,300 permits
WMD 25 — 3,700 permits
WMD 26 — 3,775 permits
WMD 27 — 50 permits
WMD 28 — 0 permits
WMD 29 — 0 permits
WMD 30 — 600 permits
TOTAL — 70,725
STATUTORY AUTHORITY: 12 MRSA §§ 7035, 7457
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled — one may be requested.
DEADLINE FOR COMMENTS: May 21, 2004
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333—0041
TELEPHONE: (207) 287—5201
E—MAIL: andrea.erskine@state.me.us

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting — Expanded Archery Season
PROPOSED RULE NUMBER: 2005-P99
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to make changes to the existing expanded archery deer hunting areas; specifically, Wildlife Management District 24, as a whole is being removed as an area and instead, 4 areas (Eliot/Kittery area; York area; Biddeford/Saco area; and South Portland/Westbrook areas) within the bounds of WMD 24 are being designated. A detailed copy of the rule may be obtained from the Agency Contact Person below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §11402
PUBLIC HEARING: None scheduled — one may be requested.
DEADLINE FOR COMMENTS: May 21,2004
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333—0041
TELEPHONE: (207) 287—5201
E—MAIL: andrea.erskine@state.me.us


AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJ ECT: Ch. 825, Procedures and Standards for Obtaining a Hardship Exemption for Submitting Electronic Health Claims
PROPOSED RULE NUMBER: 2005-P100
CONCISE SUMMARY: Title 24 MRSA §2985 provides that a health care practitioner, as defined in section 2502, must use the current standardized claim form approved by the Federal Government and must submit claims in electronic data format. A health care practitioner or group of health care practitioners with fewer than 10 full—time—equivalent health care practitioners and other employees is exempt from the requirement to submit claims in electronic data format until October 16, 2005. Beginning October 16, 2005, a health care practitioner or group of health care practitioners with fewer than 10 full—time—equivalent health care practitioners and other employees may apply to the Superintendent of Insurance for a continued exemption from the requirement to submit claims in electronic data format based upon hardship. The statute requires the Superintendent of Insurance to adopt rules establishing a process for requesting a hardship exemption and establishing a standard for determining whether a practitioner has demonstrated hardship. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2—A.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: P.L. 2003, Ch. 469, An Act to Provide Affordable Health Insurance to Small Business and Individual and to Control Health Care Costs.
24 MRSA §§ 2332—E, 2985 and 24—A MRSA §§ 1912, 2436, 2680, 2753, 2823—B, 4235, 4301—A(3) and 212.
PUBLIC HEARING: A public hearing is scheduled on Wednesday, May 11, 2005 at 2:00 p.m. in the Kennebec Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: Monday, May 23, 2005
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624—8452


AGENCY: 12-186 - State Board of Arbitration and Conciliation
RULE TITLE OR SUBJECT:
SBAC Ch. 1, General Rules of the State Board of Arbitration and Conciliation
SBAC Ch. 2, Rules for Determining Rates of Compensation for Forest Products Harvesting and Hauling Services
PROPOSED RULE NUMBER: 2005-P101 and P102
CONCISE SUMMARY: The State Board of Arbitration and Conciliation ("Board") consists of three persons appointed by the Governor: a neutral chairperson, an employer representative, and an employee representative. The Board assists parties to resolve disputes regarding collective bargaining agreement interpretation ("grievance arbitration") and disputes regarding the negotiating of a collective bargaining agreement ("fact—finding" and "interest arbitration"). Ch. 1 of the proposed rules contains rules of general application for all matters before the Board. These proposed rules cover such matters as filing of submissions, serving parties, conducting hearings, issuing awards, and reviewing of awards. These proposed rules of general application are new; however, they should be read in conjunction with, as necessary, Ch. 13 of the Rules and Procedures of the Maine Labor Relations Board ("Resolution of Contract Negotiation Disputes").
The Forestry Rate Proceeding Panel ("Panel"), established under the authority of the Board, consists of three persons appointed by the Governor: one person representing forest products harvesters and haulers, one person representing forest landowners, and one person representing the public interests of the State (the chairperson of the Board). The Panel determines, upon the petition of interested parties, the rate of compensation for forest products harvesting or hauling services, and also reviews negotiated agreements for the rate of compensation for forest products harvesting or hauling services. Ch. 2 of the proposed rules contains rules of general application for all matters before the Panel. These proposed rules cover such matters as filing of negotiated agreements, filing of petitions, acting on petitions, conducting hearings, treatment of confidential documents, issuing decisions, and reviewing of decisions. The law creating the Panel was enacted in 2004; these proposed rules of general application are new.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §931, §931—B, §1353
PUBLIC HEARING: Monday, May 9, 2005, 10:00 a.m., Bangor City Council Chambers, Bangor City Hall, 73 Harlow Street, Bangor, ME 04401
DEADLINE FOR COMMENTS: Monday, May 23, 2005
AGENCY CONTACT PERSON: Dyan M. Dyttmer
AGENCY NAME: Maine Labor Relations Board
ADDRESS: 90 State House Station, Augusta, ME 04333—0090
TELEPHONE: (207) 287—2015


AGENCY: 14—118 – Department of Health and Human Services, Office of Substance Abuse, Driver Education and Evaluation Programs
RULE TITLE OR SUBJECT: Ch. 2, Driver Education and Evaluation Programs Procedure Manual
PROPOSED RULE NUMBER: 2005—P103
CONCISE SUMMARY: The Office of Substance abuse, Driver Education and Evaluation Programs (DEEP), propose the following revisions to Ch. 2, Driver Education and Evaluation Programs Procedure Manual: 1) revise/establish definitions to comply with current practice, programming changes, and/or current legislation; 2) revise the qualifications of the Program Administrator and Program Instructor; 3) discontinue the requirement that clinical supervisors attend DEEP specific training; 4) clarify that community—based service providers — private providers are certified following determination that they are in compliance with regulations and not as a result of an examination; 5) as of July 1, 2005, replace the Moving Ahead Program for clients under 21 years of age with the Under 21 Program that has a research—based curriculum; 6) adjust the fee to accommodate new cost; 7) clarify that non—refundable fees are non—transferable; 8) permit provision of clinical substance abuse evaluations, status updates, and second opinions and treatment by Certified Alcohol and Drug Counselors (CADC); 9) prohibit Alcohol and Drug Counseling Aides (ADCA) from providing evaluations or treatment for DEEP referrals; 10) remove reference to Registered Substance Abuse Counselors (RADC) in compliance with legislation concerning licensure of alcohol and drug counselors; 11) prohibit hand—delivery of DEEP forms by clients; 12) increase the deadline for submission of evaluation completions; 13) establish a fifteen day deadline for submission of treatment completion forms; 14) establish a rule for closing case records after two years of no contact with DEEP following client notification of closure and required re—registration; 15) clarify that the counselor not the client provides documentation of Completion of Treatment Program completion; 16) establish procedures for DEEP education program attendance by individuals who do not reside in Maine or have a Maine offense/conviction; 17) clarify requirements for completion of treatment and “aftercare” for clients participating in residential treatment and receiving treatment while in a “halfway house,” “pre—release center,” or protective environment; 18) establish requirements for completion of treatment for those clients participating in “Drug Court” and/or the Differential Substance Abuse Treatment (DSAT) program; and 19) clarify recommended modality and length of treatment and aftercare for clients diagnosed as early and late phase four. The procedure manual has been reformatted to provide clarification and consistence in text numbering.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA Part 25, c. 521 Sub—ch. 1, §2005; 5 MRSA Part 25, c. 521, sub—ch. 5, §20072, 20073—B, 20074, 20075, 20076, and 20078—A
PUBLIC HEARING:
Date, Time and Location: Wednesday, May 11, 2005 – 9:00 a.m. – 12 noon, Office of Substance Abuse – Large Conference Room, Eastside Campus – Marquardt Building – Third Floor, Augusta, ME
DEADLINE FOR COMMENTS: 5:00 p.m. – May 23, 2005
AGENCY CONTACT PERSON: Linwood K. Oakes, Sr., Certification & Policy Specialist
AGENCY NAME: Office of Substance Abuse – DEEP
ADDRESS: Eastside Campus, Marquardt Building, 3rd Floor, 11 State House Station, Augusta, ME 04333—0011
TELEPHONE: (207) 287—2595
TTY: (207) 287—4475 or 1 (800) 215—7604


AGENCY: 09—137 — Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 14, Commercial Whitewater Rafting
PROPOSED RULE NUMBER: 2005—P104
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt rules for commercial whitewater rafting as follows: (1) establish the order of launch for 2005; (2) change the requirements for personal flotation devices; (3) change the guide’s rules to allow whitewater guides to conduct trips on the river sections in alternate watercraft (ducky trips); clean up statutory citations as a result of recodification and make minor amendments to medical kit requirements, watercraft identification, and reporting requirements.
A copy of the proposal may be obtained from the Agency Contact Person.
STATUTORY AUTHORITY: 12 MRSA §§ 10104, 12909, 12910, 12913, 12841
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: May 20, 2005
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333—0041
TELEPHONE: (207) 287—5201


ADOPTIONS

AGENCY: 14—193 – Department of Health and Human Services
CHAPTER NUMBER AND TITLE: Ch. 20, Rules Governing the Disclosure of Limited Information Pertaining to Individuals Who Died in State Psychiatric Facilities for Purposes of Creating a Memorial
ADOPTED RULE NUMBER: 2005—109
CONCISE SUMMARY: 34—B MRSA §1207(1)(H) directs the Department to promulgate rules to govern the use of previously confidential mental health information in memorials. The intent of the Legislature was to create memorials honoring individuals who died while residing at the Augusta Mental Health Institute, the Bangor Mental Health Institute, and the Riverview Psychiatric Center, and to provide a process where relatives may choose to require the Department to maintain the confidentiality of their deceased family members. These rules do not permit disclosure of information relating to any living current or living former client of the Department or any client who died in a facility operated, licensed or funded by the Department other than the Augusta Mental Health Institute, the Bangor Mental Health Institute, or Riverview Psychiatric Center.
EFFECTIVE DATE: May 1, 2005
AGENCY CONTACT PERSON: Marya Faust
AGENCY NAME: Department of Health and Human Services
ADDRESS: 40 State House Station, Augusta, ME 04333—0040
TELEPHONE: (207) 287—4223


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