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Weekly Rulemaking Notices Contact Us Find It

December 21, 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/rules/.


PROPOSALS

AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 220, Credit Life and Health Insurance
PROPOSED RULE NUMBER: 2005-P335
CONCISE SUMMARY: Purpose of the Rule Amendments:
* To clarify the distinction between truncated coverage and critical period coverage
* To require disclosure in connection with truncated coverage
* To establish standards for defining total disability
* To clarify requirements when coverage was with a different carrier within the previous three years.
* To provide guidance for rate adjustments for medically underwritten coverage
* To correct the formula for the adjusted plan ratio
* To clarify standards for refund calculations
* To specify what constitutes "premiums" for purposes of determining the maximum permissible commission level
* To provide for filing of experience reports in electronic format
* To provide for combined reporting of retroactive and non-retroactive disability experience
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: Title 24-A MRSA §212 and Ch. 37
PUBLIC HEARING: A public hearing will be held on Wednesday, January 11, 2006 at 9:00 a.m. in the Androscoggin Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: January 23, 2005
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452


AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 940, Requirements for Health Insurance Rate Filings and Data Reporting
PROPOSED RULE NUMBER: 2005-P336
CONCISE SUMMARY: The purposes of the amendments are to amend the small group credibility standard consistent with statutory changes enacted in 2005 and to clarify several provisions of the rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: This rule is proposed in accordance with Title 24 MRSA §2321 and Title 24-A MRSA §§ 212, 2413, 2736, 2736-C, 2808-B, 4207, and 6913(9).
PUBLIC HEARING: A public hearing will be held on Wednesday, January 11, 2006 at 10:00 a.m. in the Androscoggin Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: Monday, January 23, 2005.
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 7, Implementation of the Essential Programs and Services Funding Model
PROPOSED RULE NUMBER: 2005-P337
CONCISE SUMMARY: This chapter contains state rules regarding the implementation and administration of school funding based on the Essential Programs and Services model established in 20-A, MRSA, Ch. 606-B including targeted funds for technology, assessment, and the costs of additional investments in educating children in kindergarten to grade 2. Specifically, this proposal is limited to the procedural requirements, the requirements of the local plan submission, and approval requirements for school administrative units to receive Targeted Funds for technology, assessments, and the costs of additional investments in educating children in kindergarten to grade 2.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA Ch. 606-B, §15671 sub-§6, §15681, and §15687
PUBLIC HEARING: January 9, 2006, 1:00 p.m., Burton M. Cross State Office Building ATM Room, and three remote locations: Presque Isle High School, MSAD # 1; Bangor High School, Bangor; Gray - New Gloucester High School, MSAD # 15
DEADLINE FOR COMMENTS: January 20, 2006
AGENCY CONTACT PERSON: Jim Rier
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, Maine 04333-0023
TELEPHONE: (207) 624-6794


AGENCY: 10-148 – Department of Health and Human Services, Adoption Program
RULE TITLE OR SUBJECT: Ch. 7, Rules for the Authorization of Background Checks for Prospective Adoptive Parents
PROPOSED RULE NUMBER: 2005-P338
CONCISE SUMMARY: These rules provide for and describe the procedures in the completion of background checks for prospective adoptive parents. These rules are designed to protect the health, safety and well-being of children adopted from the Department of Health and Human Services (DHHS) or another licensed child placing agency with an adoption program. These rules apply for each prospective adoptive parent of a child in the Department's custody or in the custody of another licensed child placing agency.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 18-A MRSA §9-304 (a-2)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 3, 2006
AGENCY CONTACT PERSON: Virginia Marriner
AGENCY NAME: DHHS, Adoption Program
ADDRESS: 221 State Street, Augusta, Maine
TELEPHONE: (207) 287-5060


AGENCY: 10-144 - Department of Health and Human Services. Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. #301, Food Stamp Certification Manual - Combat Pay Exclusion
PROPOSED RULE NUMBER: 2005-P339
CONCISE SUMMARY: This policy will allow the Food Stamp program to exclude any additional income made available to a Food Stamp household as a result of a military person being deployed to a combat zone. This is a result of the President signing The Consolidated Appropriations Act, 2005, Public Law 108-447. This policy will be retroactive to October 1, 2004, per legislative requirement. Affected households will receive restored benefits back to the date any of this additional income was budgeted, but not prior to October 1, 2004.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE F.OR COMMENTS; January 20, 2006
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp program Manager
AGENCY NAME: Department of Health and Human Services, Office of Integrated Access and Support
ADDRESS: 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 405, Rate of Regular Interest (REPEAL)
PROPOSED RULE NUMBER: 2005-P340
CONCISE SUMMARY: The Maine State Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule is being repealed. The rule is incorrect as to the interest rate currently in place, is inconsistent with the authorizing legislation and does not reflect the Board's current practice.
STATUTORY AUTHORITY: 5 MRSA §§ 17103(4) and 17156
RULE TITLE OR SUBJECT: Ch. 407, Contributions on Lump Sum Salary Payments under P&S Laws of 1985, Chapters 145, 146 & 147 (REPEAL)
PROPOSED RULE NUMBER: 2005-P341
CONCISE SUMMARY: The Maine State Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule is being repealed. The rule applies only to a time frame that has long since expired and is no longer relevant to the System's processes.
STATUTORY AUTHORITY: P&S Laws of 1985, Chapters 145, 146 and 147
RULE TITLE OR SUBJECT: Ch. 409, Contributions on Lump Sum Salary Payments under P&S Laws of 1987, Chapter 45 (REPEAL)
PROPOSED RULE NUMBER: 2005-P342
CONCISE SUMMARY: The Maine State Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule is being repealed. The rule applies only to a time frame that has long since expired and is no longer relevant to the System's processes.
STATUTORY AUTHORITY: P&S Laws of 1987, Chapter 45
RULE TITLE OR SUBJECT: Ch. 502, Review of Eligibility of Recipients of Disability Retirement Allowances (REPEAL)
PROPOSED RULE NUMBER: 2005-P343
CONCISE SUMMARY: The Maine State Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule is being repealed. This rule is inconsistent with current procedures and is unnecessary, adding nothing to the relevant statute.
STATUTORY AUTHORITY: 5 MRSA §17103(4)
RULE TITLE OR SUBJECT: Ch. 503, Retirees Engaged on a Contractual Basis (REPEAL)
PROPOSED RULE NUMBER: 2005-P344
CONCISE SUMMARY: The Maine State Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule is being repealed. This rule has been superseded by Ch. 410 of the Board's rules.
STATUTORY AUTHORITY: 5 MRSA §17103(4)
RULE TITLE OR SUBJECT: Ch. 504, Reemployment of Recipients of Disability Retirement Benefits Formerly Employed as State Employees or Teachers (REPEAL)
PROPOSED RULE NUMBER: 2005-P345
CONCISE SUMMARY: The Maine State Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule is being repealed. This rule is unnecessary as it adds nothing to the relevant statute, but rather simply repeats it.
STATUTORY AUTHORITY: 5 MRSA §17103(4)
RULE TITLE OR SUBJECT: Ch. 506, Rehabilitation of Recipients of Disability Retirement Benefits (REPEAL)
PROPOSED RULE NUMBER: 2005-P346
CONCISE SUMMARY: The Maine State Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule is being repealed. This rule is inconsistent with the current statute and current System procedures.
STATUTORY AUTHORITY: 5 MRSA §17103(4)
RULE TITLE OR SUBJECT: Ch. 701, Appeals of Final Decisions of the Executive Director (REPEAL)
PROPOSED RULE NUMBER: 2005-P347
CONCISE SUMMARY: The Maine State Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule is being repealed. This rule has been superseded by Chapter 702 of the System's rules and was "implicitly" repealed in 1997 by Chapter 508 of the System's rules.
STATUTORY AUTHORITY: 5 MRSA §§ 9051-9064, 17103(4) and 17451
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: January 12, 2006, 9:00 a.m., Maine State Retirement System, Second Floor Conference Room, Two Central Plaza, Augusta, Maine 04333
DEADLINE FOR COMMENTS: January 23, 2006
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


ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 613, Amendment 3, The Quality Child Care Education Scholarship Program
ADOPTED RULE NUMBER: 2005-494
CONCISE SUMMARY: This amendment adds submission of the FAFSA by the student as a criterion of eligibility for the Program. Submission of the FAFSA will provide the Authority with the most accurate information necessary to determine residency and financial need. It is expected that it will also enable the Authority to include the Program in its online database, at such time as resources permit, which will enhance Program administration. Finally, although most students will have already filed the FAFSA, requiring those students who might otherwise not have filed it to do so may also enable those students to obtain other financial aid.
EFFECTIVE DATE: January 1, 2006
AGENCY CONTACT PERSON: Katryn A. Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 ext. 239 (Voice)
TDD: (207) 626-2715


AGENCY: 94-073 - Maine State Museum
CHAPTER NUMBER AND TITLE: Ch. 505, Collections
ADOPTED RULE NUMBER: 2005-495
CONCISE SUMMARY: These rules define the Maine State Museum's procedures for acceptance, use, and deaccession of museum collections. The rules designate the museum director as the final authority for acceptance of all donations, incoming loans, bequests, exchanges, transfers, or purchases for the collections of the museum. The rules establish a Collections Committee to advise the museum director on acceptance of collections into the museum. Finally, the rules define deaccession and identify the Maine State Museum Commission as the approving authority for deaccession of museum collections.
CHAPTER NUMBER AND TITLE: Ch. 531, Maine State Museum Store
ADOPTED RULE NUMBER: 2005-496
CONCISE SUMMARY: These rules repeal and replace Maine State Museum rules Ch. 531. (This chapter number was misidentified as the non-existent Ch. 535 in some of the·published notices of state rule making.) The new rules establish and up-date procedures for the operation of the museum sales program by the Maine State Museum Store. The new rules define the types of merchandise carried by the store and establish responsibility for the store and the operation of the museum sales program.
EFFECTIVE DATE: January 1, 2006
AGENCY CONTACT PERSON: Joseph R. Phillips
AGENCY NAME: Maine State Museum
ADDRESS: 83 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2301


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 40, Home Health Services
ADOPTED RULE NUMBER: 2005-497
CONCISE SUMMARY: In order to implement 22 MRSA §3174-FF, this rule adopts a rehabilitation potential prerequisite for adults receiving services reimbursed under this Section for occupational, physical, and speech-language therapy services. This rule allows the provider agency to certify the second sixty days of eligibility for home health services. While parts of this rule are deemed major substantive, the changes proposed here are not major substantive.
See http://www.maine.gov/dhhs/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 20, 2006
AGENCY CONTACT PERSON: Jane Connors
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 127, New Motor Vehicle Emission Standards
ADOPTED RULE NUMBER: 2005-498
CONCISE SUMMARY: The Board of Environmental Protection adopted amendments to Ch. 127, New Motor Vehicle Emission Standards, which incorporate California's greenhouse gas emission (GHG) standards for new motor vehicles commonly referred to as the "Pavley" standards. These climate change emission standards are incorporated into Ch. 127, the CA Low Emission Vehicle (LEV) program for passenger cars, light duty and medium duty passenger vehicles. The standards will phase in beginning with 2009 model year through 2016, allowing changes to be made as part of the automobile manufacturers' product improvement cycle. The regulation allows significant flexibility for manufacturers to average emissions across their vehicle models, bank excess credits for later use and trade credits in order to meet the GHG emission standards.
Motor vehicle emissions account for approximately 25% of total anthropogenic GHG emissions in the Northeast. Motor vehicle miles traveled are predicted to increase representing the fastest growing portion of the region's overall GHG inventory. The northeast states are committed to reducing GHG emissions that contribute to climate change, and therefore are seeking to address the emissions contribution from vehicles.
Copies of this rule are available upon request by contacting the Agency contact person listed below or on the Department of Environmental Protection website at www.state.me.us/dep/air/regulations/recentlyadopted.htm.
EFFECTIVE DATE: December 19, 2005
AGENCY CONTACT PERSON: Lynne Cayting
AGENCY NAME: Bureau of Air Quality Control
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437