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Home > Weekly Newspaper Notices > May 31, 2006

May 31, 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 internet at: http://www.maine.gov/sos/cec/rules.


PROPOSALS



AGENCY: 06-481 - Board of Underground Storage Tank Installers
RULE TITLE OR SUBJECT:
Ch. 1, Administrative Rules (Amendment)
Ch. 3, Certification of Underground Tank Installers (Amendments)
Ch. 5, Certification of Underground Gasoline Tank Removers (Amendments)
Ch. 6, Certification of Underground Oil Storage Tank Inspectors (Amendments)
PROPOSED RULE NUMBERS: 2006-P107 through P110
CONCISE SUMMARY: The Board seeks to amend ethical standards of practice for installers, removers, and inspectors, to require certified persons having knowledge of violations of the Board’s enabling statute to provide the Board information and assistance necessary to the final determination of such violation The Board further seeks to amend the certification processes for installers, removers, and inspectors to allow the Board to examine and evaluate an applicant’s record with its own files and other government agencies in addition to the State Police and other licensing boards to evaluate the applicant’s ethical practice, and to enact procedural provisions to specify how an applicant may obtain their examination scores and review their papers relating to their examination.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §10004.2, §10011.4
PUBLIC HEARING: None Planned.
DEADLINE FOR COMMENTS: July 10, 2006
AGENCY CONTACT PERSON: James Hynson, Staff, Maine Board of Underground Storage Tank Installers, c/o Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7889



AGENCY: 10-144 - Department of Health & Human Services, Maine Center for Disease Control and Prevention (formerly Bureau of Health), Division of Environmental Health (formerly Division of Health Engineering), Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 231, State of Maine "Rules Relating to Drinking Water"
PROPOSED RULE NUMBER: 2006-P121
CONCISE SUMMAR: The changes to the State of Maine Rules Relating to Drinking Water involve updating bureau and division names, correcting references to both state and federal regulations, and adding well construction requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 601, Subchapter I, §2605; 22 MRSA §42(l); 22 MRSA §§ 26l2-A, & 2615(5)
PUBLIC HEARING: June 22, 2006, 286 Water Street - 3rd Floor, Drinking Water Program, Conference Room, Augusta, ME
DEADLINE FOR COMMENTS: July 3, 2006
AGENCY CONTACT PERSON: Tera Pare, Rulemaking Coordinator, Drinking Water Program, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5680
TTY: (207) 287-5550



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #07-06
PROPOSED RULE NUMBER: 2006-P122
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 §2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: June 23, 2006, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: June 23, 2006
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 94-348 - Maine Human Rights Commission
RULE TITLES OR SUBJECTS:
(1) Ch. 3, Employment Regulations of the Maine Human Rights Commission
(2) Ch. 5, Public Accommodations Regulations Relating to Physical or Mental Disability Discrimination in Public Conveyances of the Maine Human Rights Commission
(3) Ch. 7, Accessibility Regulations of the Maine Human Rights Commission
(4) Ch. 8, Housing Regulations of the Maine Human Rights Commission
PROPOSED RULE NUMBERS: 2006-P123 through P126
CONCISE SUMMARY: The proposed change repeals the existing definition of physical and mental disability in the above-mentioned rules and regulations and proposes a new regulatory definition consistent with the Law Court’s recent decision in Whitney v. Wal-Mart Stores, Inc., 2006 ME 37, in which the Court ruled that the Commission’s regulatory definition is invalid because it requires a showing of a substantial limitation on a major life activity.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §4566(7)
PUBLIC HEARING: June 19, 2006, 1:30 p.m., Senator Inn & Conference Center, Embassy Room, 284 Western Ave., Augusta, ME
DEADLINE FOR COMMENTS: June 29, 2006.
AGENCY CONTACT PERSON: John P. Gause, Esq., Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: (207) 624-6050



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-P127
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.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §1418-F
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: 5:00 p.m., June 30, 2006
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: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services, Section 45.04
PROPOSED RULE NUMBER: 2006-P128
CONCISE SUMMARY: This proposed rulemaking will permanently adopt emergency rules currently in place that increased the rate for public non-state-owned critical access hospitals for outpatient services to 110% of costs, retroactive to 7/1/05. Those rules were implemented because the Centers for Medicare and Medicaid Services (CMS) indicated that it would not approve a state plan amendment unless and until the Department adopted state regulations setting the reimbursement for public non-state-owned critical access hospitals at a rate that would ensure that the reimbursement for these hospitals did not exceed the federal Medicaid upper payment limit. The Department is also proposing to reimburse private psychiatric hospitals at 117% of allowable costs for outpatient service, the same methodology as is used for critical access outpatient hospital services. This proposed change in reimbursement is also being made at the request of CMS. Federal officials have indicated that they will no longer allow reimbursement using the current methodology (based on a percentage of charges), as they do not believe that payment methodology to be economic and efficient.
The Department proposed extensive changes to Section 45 (Hospital Services), Ch. II and III, on March 28, 2006, that are now going through APA rulemaking. Additionally, the Department adopted emergency rules with regard to Section 45, section 45.04 on May 1, 2006. This rulemaking is being proposed to make the change in the emergency rule effective after the ninety-day emergency period, as well as to propose one additional change required by CMS. The Department intends to adopt one final rule that will include changes made in both the March 28 rulemaking and this rulemaking.
See at http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING: none scheduled
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on June 30, 2006.
AGENCY CONTACT PERSON: Patricia Dushuttle, Office of Maine Care Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
TITLE OR SUBJECT: Ch. (none), Endangered and Threatened Species
PROPOSED REFERENCE NUMBER: 2006-P129
CONCISE SUMMARY: In accordance with Title 12, Section 12803, the Department of Inland Fisheries and Wildlife is proposing to recommend additions and deletions to the list of endangered and threatened species to the Maine State Legislature, for their consideration and approval. The law requires that prior to recommending additions, deletions or other changes to the list, the commissioner shall provide for public notice and public hearings on the proposed recommendation to the Legislature. Public hearings have been scheduled and are listed below. The proposed changes may be obtained from the agency contact person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §12803
PUBLIC HEARINGS:
June 20, 2006, Portland City Hall, Council Chambers, 389 Congress Street, Portland – 6:30 p.m.,
June 21, 2006, Ramada Inn, 357 Odlin Road, Bangor – 6:30 p.m.
DEADLINE FOR COMMENTS: July 3, 2006
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201


ADOPTIONS



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #06-06
ADOPTED RULE NUMBER: 2006-225
CONCISE SUMMARY: Minimum April 2006 Class I price is $14.00 plus $0.95/cwt. for Producer Margins, an over-order premium of $1.10/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $17.65 that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm
EFFECTIVE DATE: June 1, 2006
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station Augusta ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 17, Rules Regarding Proof of Ownership by Employers Employing Foreign Laborers to Operate Logging Equipment
ADOPTED RULE NUMBER: 2006-226
CONCISE SUMMARY: This chapter will provide standards and a reporting methodology for employers engaged in logging who hire foreign laborers under the H2-B program to show compliance with the proof of ownership requirements under 26 MRSA §872.
EFFECTIVE DATE: June 22, 2006
AGENCY CONTACT PERSON: William A. Peabody, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6406



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4.03, Deer Hunting Seasons - Expanded Archery Season
ADOPTED RULE NUMBER: 2006-227
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule changing 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.
STATUTORY AUTHORITY: 12 MRSA §11402
EFFECTIVE DATE: May 29, 2006
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333-004
TELEPHONE: (207) 287-5201



AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing & Regulatory Services
CHAPTER NUMBER AND TITLE: Ch. 33, Rules for Family Child Care Providers (formerly Rules for Home Day Care Providers)
ADOPTED RULE NUMBER: 2006-228
CONCISE SUMMARY: The rules describe the minimum requirements for the operation and certification of Family Child Cares (formerly Home Day Cares) and such requirements that the Family Child Care provider must meet regarding application and inspection procedures, fire safety standards, qualifications of the provider, staff training children's rights, child guidance, staff child ratios, supervision, transportation, nutrition and health, records keeping, indoor and outdoor space, sanitation and safety.
EFFECTIVE DATE: August 1, 2006
AGENCY CONTACT PERSON: Robert Steinberg, Division of Licensing & Regulatory Services, Child Care Licensing Unit, 11 State House Station, 221 State Street, Augusta, Maine 04333
TELEPHONE: (207) 287-5060
TDD: (800) 606-0215