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Home > Weekly Newspaper Notices > June 21, 2006

June 21 , 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: 26-239 - Office of the Attorney General
RULE TITLE OR SUBJECT: Ch. 1, Rules for Strip Searches, Manual Mouth Searches, and Body Cavity Searches of Arrestees
PROPOSED RULE NUMBER: 2006-P144
CONCISE SUMMARY: These rules are being proposed for repeal and replacement to make them consistent with recent changes in statute and court decisions. Of most significance, they will now require reasonable suspicion that an arrestee is concealing on or inside the arrestee’s body a weapon, contraband, or evidence of a crime before the arrestee may be subjected to a strip search, unless the person has been arrested for a violent, weapon, or drug offense, in which case a strip search may be done as a matter of routine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §200-G(1)
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: July 21, 2006
AGENCY CONTACT PERSON: Diane Sleek, AAG, Attorney General’s Office, 6 State House Station, Augusta, ME 04333
TELEPHONE: (207) 626-8800



AGENCY: 03-201 - Maine Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10 Subsection 27.2, Policy & Procedures Manual - Supervised Community Confinement
PROPOSED RULE NUMBER: 2006-P145
CONCISE SUMMARY: The Department is proposing to repeal and replace this rule to eliminate the unnecessary burden on Correctional Caseworkers/Correctional Care and Treatment Workers to complete a separate transition to release plan document when a prisoner has no more than fourteen (14) months remaining on his/her sentence and then to review the prisoner’s progress bi-monthly. The fourteen (14) month review will remain. However, as necessary, the prisoner’s already existing individual case plan will be modified and will then be reviewed at least every six (6) months. Also, the requirement for the Correctional Caseworkers/Correctional Care and Treatment Workers to complete a community risk and needs assessment has been eliminated since such an assessment is not valid when based on behavior in the facility.
In addition, the provision governing terminally ill prisoners is revised to reflect a recent change in the statute governing such prisoners
If a prisoner violates Supervised Community Confinement and is returned to the facility, the Probation Officer will no longer have to complete a facility Disciplinary Report but will only need to complete a report describing the violation and send it to facility staff, who will then complete a facility Disciplinary Report to initiate the disciplinary process.
Finally, there is being added a provision for appeal to the Associate Commissioner of Adult Community Services if a prisoner is denied transfer to the Supervised Community Confinement Program due to a negative recommendation from the Regional Correctional Administrator.
PUBLIC HEARING: Monday, July 10, 2006, from 10:00 a.m. – 11:00 a.m. in the Maine Department of Corrections Conference Room in the Tyson Building (Third Floor) at the Augusta Mental Health Complex in Augusta, Maine
RULE TITLE OR SUBJECT: Ch. 10 Subsection 27.3, Policy & Procedures Manual - Community Transition Program
PROPOSED RULE NUMBER: 2006-P146
CONCISE SUMMARY: The Department is proposing to repeal and replace this rule to eliminate the unnecessary burden on Correctional Caseworkers/Correctional Care and Treatment Workers to complete a separate transition to release plan document when a prisoner has no more than fourteen (14) months remaining on his/her sentence and then to review the prisoner’s progress bi-monthly. The fourteen (14) month review will remain. However, as necessary, the prisoner’s already existing individual case plan will be modified and will then be reviewed at least every six (6) months.
PUBLIC HEARING: Monday, July 10, 2006, from 11:00 a.m. – 12:00 p.m. in the Maine Department of Corrections Conference Room in the Tyson Building (Third Floor) at the Augusta Mental Health Complex in Augusta, Maine
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A Section 3035
DEADLINE FOR COMMENTS: July 24, 2006
AGENCY CONTACT PERSON: Esther Riley, Department of Corrections, State House Station #111, Augusta, ME 04333
TELEPHONE: (207) 287-4681



AGENCY: 29-250 - Department of Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 157, The Administration of Over Dimension and Overweight Permits
PROPOSED RULE NUMBER: 2006-P147
CONCISE SUMMARY: This rule is being amended to add provisions (required by R189 PL 2006) to allow timber harvesting equipment to be moved at nighttime during March and April; and to make certain safety-related changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A §2382 and R189 PL 2006
PUBLIC HEARING: July 13 @ 9:15 a.m., Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME
DEADLINE FOR COMMENTS: July 25, 2006
AGENCY CONTACT PERSON: Garry Hinkley
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, 101 Hospital Street, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9055
E-MAIL: garry.hinkley@maine.gov



AGENCY: 29-250 - Department of Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 170, Pilot Project to Allow Commercial Vehicles at the Canadian Weight Limits to Travel from the Canadian Border at Calais to Baileyville; and Van Buren
PROPOSED RULE NUMBER: 2006-P148
CONCISE SUMMARY: This amends the Canadian Weight limit rule adopted pursuant to Ch. 421, PL 2005 to add a new route from the Canadian border at Van Buren to the Bangor & Aroostook rail yard. This addition is required by Ch. 664 PL 2006.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: C. 664 PL 2006
PUBLIC HEARING: July 13, 2006 @ 9 a.m., Bureau of Motor Vehicles, 101 Hospital Street, Augusta
DEADLINE FOR COMMENTS: July 24, 2006
AGENCY CONTACT PERSON: Garry Hinkley
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, 101 Hospital Street, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9055
E-MAIL: garry.hinkley@maine.gov



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 12, Consumer Directed Attendant Services
PROPOSED RULE NUMBER: 2006-P149
CONCISE SUMMARY: The proposed rule increases rates paid for personal care attendant (PCA) services under Section 12, Consumer Directed Attendant Services. LD 1968, Public Law, Ch. 519, Section VVV-1, directs the Department of Health and Human Services to adopt rules to increase the MaineCare base hourly salary for PCAs providing services under Section 12 from $7.71 to $9.00 per hour effective July 1, 2006. As a result of the increase to $9.00, the reimbursement rates listed in Ch. III Section 12 have to be increased from $9.12 to $10.44 per hour. This reimbursement rate change allows for the increase in pay, plus the cost of mandatory employee benefits provided to the PCA at the higher rate of pay. Additionally, the maximum level of reimbursement per member per month is being increased to assure there will not be a negative impact on the number of hours of services received by a member due to the rate increase.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173, LD 1968, Public Law Ch. 519, Section VVV-1
PUBLIC HEARING: July 10, 2006, 1:00 p.m., Conference Room #3, Department of Health and Human Services, Office of MaineCare 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 July 7, 2006.
DEADLINE FOR COMMENTS: Comments must be received by midnight July 21, 2006
AGENCY CONTACT PERSON: Jane Connors, Comprehensive Health Planner, Office of Maine Care Services, 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 or Hard of Hearing)



AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE OR SUBJECT: Ch. 50, Prices for Data Sets, Fees for Programming and Report Generation, Duplication Rates
PROPOSED RULE NUMBER: 2006-P150
CONCISE SUMMARY: This proposed rule change will add a surcharge to the price of clinical data sets purchased by an agency of the Federal government.
STATUTORY AUTHORITY: 22 MRSA Ch. 1683 §8704 sub-§4, and §8706 sub-§2A and 2B
RULE TITLE OR SUBJECT: Ch. 100, Enforcement Procedures
PROPOSED RULE NUMBER: 2006-P151
CONCISE SUMMARY: This proposed rule increases the civil fine that may be adjudged to any person or entity that receives data or information and intentionally or knowingly uses, sells or transfers the data in violation of the rules for commercial advantage, pecuniary gain, personal gain or malicious harm.
STATUTORY AUTHORITY: 22 MRSA Ch. 1683 §8705-A sub-§3-B
RULE TITLE OR SUBJECT: Ch. 630, Uniform System for Reporting Baseline Information and Restructuring Occurrences Relevant to the Delivery and Financing of Health Care in Maine
PROPOSED RULE NUMBER: 2006-P152
CONCISE SUMMARY: This proposed rule will revise the provisions for filing and specifies the information to be submitted to the Maine Health Data Organization regarding baseline information and major structural changes relevant to the restructuring of hospitals and their parent entities in Maine.
STATUTORY AUTHORITY: 22 MRSA Ch. 1683 §8710
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: July 13, 2006, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, Maine 04333-0102
DEADLINE FOR COMMENTS: July 24, 2006
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722



AGENCY: 12-597 - Maine Department of Labor, Bureau of Employment Services
RULE TITLE OR SUBJECT: Ch. 1, Rules Governing Implementation of the Trade Adjustment Assistance Program, established by the United States Trade Act of 1974.
PROPOSED RULE NUMBER: 2006-P153
CONCISE SUMMARY: The proposed amendment will revise the definition of “supportive services,” consistent with the Trade Act and clarify what are and are not “supportive services” covered by trade adjustment assistance.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §2051
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: 5:00 p.m., July 21, 2006
AGENCY CONTACT PERSON: Judy Pelletier, Trade Program Manager, Bureau of Employment Services, 55 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6395



AGENCY: 10-144 - Department of Health and Human Services, Maine CDC
RULE TITLE OR SUBJECT: Ch. 249, Rules Relating to Smoking in Public Places
PROPOSED RULE NUMBER: 2006-P154
CONCISE SUMMARY: The proposed Rule replaces current Rules adopted in 2003 to conform to recently adopted legislation including smoking in Off Track Betting facilities. Enclosed areas are also defined to conform to the statute.
STATUTORY AUTHORITY: 22 MRSA §§ 3 & 42, 22 MRSA §1541
RULE TITLE OR SUBJECT: Ch. 250, Rules Relating to Smoking in the Workplace
PROPOSED RULE NUMBER: 2006-P155
CONCISE SUMMARY: The proposed Rule replaces the current Rule adopted in 1990 and makes changes pertaining to several legislative changes recently adopted. Section 8 will be Major Substantive Rules on smoking in private clubs required by P.L. 2005 ch. 581 (effective September 1, 2006). These Rules clarify the requirements for implementation of smoke free workplaces.
STATUTORY AUTHORITY: 22 MRSA §1580
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: July 14, 2006, 1:00 p.m., Burton Cross Office Bldg., Room 209, Augusta ME 04333
DEADLINE FOR COMMENTS: July 28, 2006
AGENCY CONTACT PERSON: Natalie Jackson, Partnership For A Tobacco-Free Maine, Maine CDC, Department of Health and Human Services, Key Plaza, 4th floor, 11 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4627
FAX: (207) 287-4636
TTY: (207) 287-8015



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2006-P156
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. These regulations are needed to provide for the effective conservation of Maine's inland fisheries, and enhance fishing opportunities throughout the State. A list of affected waters to be' discussed at public hearings are available from the Agency Contact Person listed below. Written comments may be submitted on any of the proposals on those lists.
STATUTORY AUTHORITY: 12 MRSA §10l04
PUBLIC HEARINGS:
July 10 - 6:30 p.m. - Augusta Civic Center, Civic Center Drive
July 11 - 6:30 p.m. - Rangeley Lakes Regional School, Loon Lake Road, Rangeley
July 12 - 6:30 p.m. - Penobscot County Conservation Assn., N. Main Street (Rt. 9), Brewer
July 13 - 6:30 p.m. - Caribou Inn & Convention Center, Main Street, Caribou
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR COMMENTS: August 4, 2006
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 104, Maine State Services Manual: Sections 2 and 4, Maine Drugs for the Elderly Benefit and Maine Part D Wrap Benefits
PROPOSED RULE NUMBER: 2006-P157
CONCISE SUMMARY: The implementation of the Medicare Part D prescription drug benefit has significantly impacted the Low Cost Drugs for the Elderly and Disabled (DEL) benefit. The proposed rules correct and clarify Ch. 104, Sections 2 and 4 of the Maine State Services Manual, previously adopted on April 1, 2006. Proposed changes to Section 2 correct and clarify reimbursement rates for retail and mail order pharmacies, while proposed changes to Section 4 update co-payment information for participants who are dually eligible for the DEL and Part D benefits. Section 4 proposed changes also clarify participants' eligibility for the Part D wrap benefit.
See http://www.maine.gov/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §254-D
PUBLIC HEARING: July 11, 2006, 1:00 p.m., Conference Room 1A, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 5, 2006.
DEADLINE FOR COMMENTS: Comments must be received by midnight July 21, 2006.
AGENCY CONTACT PERSON: Scott Goulette, Comprehensive Health Planner, Office of Maine Care Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS



AGENCY: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 220, Credit Life and Health Insurance
ADOPTED RULE NUMBER: 2006-254
CONCISE SUMMARY: Purpose of the Rule or amendment:
* 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 fro 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
EFFECTIVE DATE: October 1, 2006
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 06-096 - Maine Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 402 (Transfer Station and Storage Sites for Solid Waste); Ch. 405 (Water Quality Monitoring, Leachate Monitoring, and Waste Characterization); Ch. 409 (Processing Facilities); and Ch. 418 (Beneficial Use of Solid Waste)
ADOPTED RULE NUMBER: 2006-255 through 258
CONCISE SUMMARY: The Department of Environmental Protection revised Ch. 402, Ch. 405, Ch. 409 and Ch. 418 of the Maine Solid Waste Management Rules. The changes primarily apply to the separation, processing, testing and combustion of wood separated from construction and demolition debris to be used as a fuel by biomass boilers. These revisions establish new standards and requirements for separating usable wood from other potential contaminants, for storing and processing this wood into fuel, and for the utilization of this wood as a fuel substitute for up to 50% of a biomass boiler facility's fuel use.
This rule also establishes a transition provision that requires previously licensed beneficial uses of wood from construction and demolition debris to comply with the new regulatory provision by July 31, 2006.
EFFECTIVE DATE: June 16, 2006
AGENCY CONTACT PERSON: Jim S. Glasgow, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207)822-6358
E-MAIL: Jim.S.Glasgow@maine.gov



AGENCY: 02-298 - Department of Professional & Financial Regulation, Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 240, Standards of Professional Practice
ADOPTED RULE NUMBER: 2006-259
CONCISE SUMMARY: The amendment identifies the current edition of the standards of professional practice with which licensees shall comply.
EFFECTIVE DATE: June 18, 2006
AGENCY CONTACT PERSON: Carol J. Leighton, Administrator, Department of Professional & Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520



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 95, Podiatric Services
ADOPTED RULE NUMBER: 2006-260
CONCISE SUMMARY: This rulemaking permanently adopts the proposed rule that entailed several changes to the MaineCare Benefits Manual, Ch. II Section 95, Podiatric Services. The Department made necessary alterations in the billing process. Local codes were closed upon the effective date of this rulemaking and are no longer valid billing codes. The Department has implemented changes in the Maine Claims Management System (MeCMS) to allow podiatrists to bill standard Current Procedural Terminology (CPT) codes and HealthCare Common Procedure Coding System (HCPCS) codes in place of the obsolete local codes. This HIPAA compliant change allows for a more uniform method of billing for professional services. The Department also adopted several other structural, administrative, grammatical and clarifying changes within this rulemaking.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2006
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner, Division of Policy and Provider Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011 TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)



AGENCY: 29-250 - Secretary of State, Bureau of Corporations, Elections and Commissions, Division of Elections and Commissions
CHAPTER NUMBER AND TITLE: Ch. 520, Rules Regarding Publication of Public Comments on Statewide Referenda
ADOPTED RULE NUMBER: 2006-261
CONCISE SUMMARY: These rules describe the procedures and requirements for submitting public comments for or against statewide referenda, including citizen initiatives, people's veto referenda, constitutional resolutions and bond issues, for publication by the Secretary of State in the Citizen's Guide to the Referendum Election (in both printed form and on the agency's web site).
EFFECTIVE DATE: July 13, 2006
AGENCY CONTACT PERSON: Melissa K. Packard, Director, Division of Elections and Commissions, 101 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-7650