June 8, 2005
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/.
90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 2, Section 213 Compensation for Partial
Incapacity, Sections 1 (1), (2), & (3), and Sections 2(4) & (5)
PROPOSED RULE NUMBER: 2005-P129
CONCISE SUMMARY: This rule publishes the permanent impairment threshold
effective January 1, 2002. Pursuant to P.L. 2001, Ch. 712, §4: ''The
adoption of the threshold pursuant to this section is not subject to
the Maine Revised Statutes, Title 5, chapter 375 and is not subject
to appeal." However, considerable confusion has arisen because the threshold
is not published in the Board's rules. This amendment, therefore, includes
the 2002 threshold.
It also proposes to establish the permanent impairment threshold effective
January 1, 2004 as 13.4%.
Third, it proposes to establish that benefits for partial incapacity
will NOT be extended for 52 weeks on either January 1, 2004 or January
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A MRSA §152(2) & §213
PUBLIC HEARING: Monday, June 27, 2005, 10:00 a.m., Workers' Compensation
Board, Central Office, AMHI Complex, Deering Building, First Floor,
Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Tuesday, July 7, 2005, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: (207) 287-7086
03-201 - Maine Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10 Subsection 20.1, Policy and
Procedures Manual: Prisoner Discipline
PROPOSED RULE NUMBER: 2005-P130
CONCISE SUMMARY: The Maine Department of Corrections is adopting a revision
to the existing policy, procedures, and rules governing prisoner discipline
pursuant to Title 34-A, MRSA, Section 3032, to include as a sanction
the removal of all previously grandfathered property from the facility
upon the prisoner's conviction of a Class A or B disciplinary violation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 34-A MRSA §3032
PUBLIC Hearing: Wednesday, June 29, 2005 from 10 a.m. -11 a.m. in °
the Maine Department of Corrections Conference Room in the Tyson Building
(Third Floor) at the Augusta Mental Health Office Complex in Augusta,
DEADLINE FOR COMMENTS: July 12, 2005
AGENCY CONTACT PERSON: Ellis King, Department of Corrections, State
House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4342
10-144 - Department of Health and Human Services, Bureau of Medical
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch.
II & III Section 19, Home and Community Benefits for the Elderly
and Adults with Disabilities
PROPOSED RULE NUMBER: 2005-P131
CONCISE SUMMARY: The proposed rule reduces rates, places a monetary
cap on costs associated with select services and makes additional changes
to the delivery of services to more closely reflect the approved waiver.
The proposed rule also updates provider requirements, details the Family
Service Provider Option, and details use of fiscal intermediary services
for the family service provider option. Proposed changes to Ch. III
reflect rate reductions and create new codes to reflect changes in the
delivery of services.
for rules and related rulemaking documents.
This RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3174-FF, PL 2003
Date: June 29, 2005, 9 a.m.
Location: Conference Room, 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 June 24, 2005.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m., July
AGENCY CONTACT PERSON: Patricia Dushuttle, Bureau of Medical Services,
442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
14-118 - Department of Health and Human Services, Office of Substance
CHAPTER NUMBER AND TITLE: Ch. 11, Registration, Collection, and
Dissemination of Prescription Data Relating to Schedule II, III, and
ADOPTED RULE NUMBER: 2005-192
CONCISE SUMMARY: These rules implement the prescription monitoring program,
established by legislation 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, ill, 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 and the pharmacies who show up as the dispenser
of the prescriptions. This information will allow doctors and pharmacies
to better administer prescriptions drugs to limit and curb the dangerous
effects of abuse and overdose Maine has seen.
EFFECTIVE DATE: June 26, 2005
AGENCY CONTACT PERSON: Chris Baumgartner, PMP Coordinator, Office of
Substance Abuse, Marquardt Building, AMHI Complex, 3rd Floor, 11 State
House Station, Augusta, ME 04333-0159
TELEPHONE: (207) 287-3363
18-554 - Department of Administrative & Financial Services, Bureau
of General Services
CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing Pre-qualification
for Single Source Procurement of Services that Do Not Exceed $25,000
CONCISE SUMMARY: The rule is promulgated pursuant to 5 MRSA §1742(6),
and will delineate the parameters and means by which persons or organizations
that provide professional, architectural, or engineering services may
be pre-qualified by the Bureau of General Services for single source
procurement of services when those services do not exceed $25,000.
EFFECTIVE DATE: June 5, 2005
AGENCY CONTACT PERSON: Elaine Clark
AGENCY NAME: Department of Administrative & Financial Services, Bureau
of General Services
ADDRESS: 77 State House Station, Augusta, Maine 04333-077
TELEPHONE: (207) 624-7360
16-219 - Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Ch. 34, Rules and Regulations for Flammable
and Combustible Liquids
ADOPTED RULE NUMBER: 2005-197
CONCISE SUMMARY: This change amends Ch. 34, Rules and Regulations
for Flammable and Combustible Liquids. The entire chapter establishes
standards for the storage, handling, dispensing and secure transportation
of flammable liquids. This emergency rule will eliminate an exclusion
that is currently in the rule, so that the standards outlined in NPFA
30A, Code for Motor Fuel Dispensing Facilities and Repair Garages
(2003 ed.), apply to unattended self-service retail gasoline facilities.
While other gasoline-dispensing facilities have been subject to these
standards prior to the adoption of this rule, unattended self-service
facilities were not.
EFFECTIVE DATE: June 2, 2005
AGENCY CONTACT PERSON: Richard E. Taylor, Planning and Research, Office
of State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 626-3873