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Weekly Rulemaking Notices Contact Us Find It

March 15, 2006
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: 12-150 - Department of Labor, Bureau of Rehabilitation Services, Division for the Blind and Visually Impaired
RULE TITLE OR SUBJECT: Ch. 15, Rules Governing the Business Enterprise Program for Individuals Who are Blind
PROPOSED RULE NUMBER: 2006-P48
CONCISE SUMMARY: Repeal and replace of rules governing the provision of the Business Enterprise Program for individuals who are blind. The rules govern the operation of food services by persons who are blind and visually impaired as managers of Business Enterprise Program locations. Modifications reflect federal legislation and regulations.
STATUTORY AUTHORITY: 26 MRSA §1418-F
RULE TITLE OR SUBJECT: Ch. 101, Rules Governing Vocational Rehabilitation Services for Individuals Who are Blind or Visually Impaired
PROPOSED RULE NUMBER: 2006-P49
CONCISE SUMMARY: Repeal and replace of rules governing the provision of vocational rehabilitation services for individuals who are blind or visually impaired. The rules govern the delivery of vocational rehabilitation services to persons who are blind or visually impaired in achieving an employment outcome. Modifications reflect changes to federal regulations.
STATUTORY AUTHORITY: 26 MRSA §1418-C
RULE TITLE OR SUBJECT: Ch. 105, Rules Governing Independent Living Services for Individuals Who are Blind or Visually Impaired
PROPOSED RULE NUMBER: 2006-P50
CONCISE SUMMARY: Repeal and replace of rules governing the provision of Independent Living services for individuals who are blind or visually impaired. The rules govern the delivery of rehabilitation services to persons who are blind or visually impaired in preserving and enhancing independent living. Modifications reflect federal legislation and regulations.
STATUTORY AUTHORITY: 26 MRSA §1418-C
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: April 4, 2006, 1:00 to 3:00 p.m., Augusta CareerCenter, 2 Anthony Avenue, second floor, Conference Room #3
DEADLINE FOR COMMENTS: April 14, 2006, 5:00 p.m.
AGENCY CONTACT PERSON: Paul E. Cote, Bureau of Rehabilitation Services, Division for the Blind & Visually Impaired, 150 State House Station, Augusta, ME 04333-0150
TELEPHONE: (207) 624-5950


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4.03(A.3.), Deer Hunting – Expanded Archery Season
PROPOSED RULE NUMBER: 2006-P51
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to make changes to the existing expanded archery deer hunting areas; specifically, re-designating the portions of Wildlife Management District 24 by designating areas that will be open during the expanded archery season. A detailed copy of the rule may be obtained from the Agency Contact Person below.
RULE TITLE OR SUBJECT: Ch. 4.03(I.4.), Deer Hunting – Open and Closed Season
PROPOSED RULE NUMBER: 2006-P52
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to establish the framework for the hunting season for antlerless deer (with hand-held bow and arrow only) within the Drakes Island and Wells Sanctuaries, in the town of Wells. This is a permit-only hunt with permits being issued to licensed archery hunters authorized by a landowner. This special permit hunt will be open for a specified period between November 1 and December 31.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §11402
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: April 14, 2006
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041.
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov


ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual – Rev. #225A
ADOPTED RULE NUMBER: 2006-103
CONCISE SUMMARY: This rule proposes a number of changes limiting eligibility to MaineCare as authorized by the Maine Legislature. Major areas affected are transfer of assets, allocation of assets between spouses, treatment of trusts, annuities, self-employment, burial funds. The rule also clarifies other areas of policy: Transitional MaineCare, cost of care in residential care facilities and nursing facilities, premiums for the Limited (HIV) Benefits.
EFFECTIVE DATE: March 7, 2006
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 2, Section 213 Compensation for Partial Incapacity; Sections 1(2) & (3); Sections 2(4) & (5)
ADOPTED RULE NUMBER: 2006-104
CONCISE SUMMARY: In response to public comments, the Board amended the proposed rule to clarify that the frequency of cases involving the payment of benefits under §213 or §213 is greater than the national average based on frequency data from the 2003 and 2004 NCCI Annual Statistical Bulletin and that there is no extension as of January 1, 2004 and no extension on January 1, 2005.
Pursuant to 5 MRSA §8052(5)(B), the Board is soliciting additional comments.
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%.
EFFECTIVE DATE: March 11, 2006
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7086


AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 940, Requirements for Health Insurance Rate Filings and Data Reporting
ADOPTED RULE NUMBER: 2006-105
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.
EFFECTIVE DATE: March 12, 2006
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624- 8452


AGENCY: 94-178 - Kim Wallace Adaptive Equipment Loan Program Fund Board
CHAPTER NUMBER AND TITLE: Ch. 501, Amendment 8, Kim Wallace Adaptive Equipment Loan Program Fund Board Rule
ADOPTED RULE NUMBER: 2006-106
CONCISE SUMMARY: Amendment 8 incorporates changes necessary to conform to recent statutory changes to the program as set forth in P.L. 2005, Chapter 191. Those changes affect the "alternate procedure for loan requests" set forth in Section 7-A of the rule and the Transportation Assistance Pilot Program set forth in Section 11. Primarily, the existing alternate loan procedure is replaced with a process that enables the support services and financial services providers to approve certain loans based on terms and criteria to be established annually by the Board. The sunset provision applicable to transportation assistance loans is deleted. Transportation assistance loans are no longer capped at $7,000, and the formula for the maximum amount of transportation assistance loans that may be outstanding at any given time is changed.
EFFECTIVE DATE: March 13, 2006
AGENCY CONTACT PERSON: Katryn Gabrielson, Counsel to the Board, c/o Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715