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Home > Weekly Newspaper Notices > July 26, 2006

July 26 , 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: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. #301, Food Stamp Certification Manual, Rev. #149P - (ABAWDS)
PROPOSED RULE NUMBER: 2006-P180
CONCISE SUMMARY: This rule:
1. Allows Able Bodied Adults Without Dependents (ABAWDS) an exemption from the ABAWD time limits when they are already exempt from work registration requirements.
2. Removes the Department’s existing policy allowing a 15% exemption option for those ABAWDS with no other exemption.
3. Edits language to clarify current program requirements.
4. Clarifies reporting requirements for ABAWDS.
5. Updates the geographic areas whose residents are exempt from the three-month time-limited rule for ABAWDS due to the area having an unemployment rate of at least 20% higher than the national average for a specific 24-month period.
   a. Adds to the geographic exempted list: Connor Unorg., Houlton, Perham, Bar Harbor, Amherst, Troy, Liberty, Ogunquit and South Berwick.
   b. Removes from the geographic exemption: Cary Plt., Crystal, Hersey, Island Falls, Moro Plt., New Canada, New Sweden, Oakfield, Orient, Weston, Winterville Plt., LaGrange, Mt. Chase, Patten and Stacyville.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3104; 7 CFR 273.24 (b) and (e)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 25, 2006
AGENCY CONTACT PERSON Robert Thibodeau, Food Stamp Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5054
TTY: 1 (800) 606-0215 (Deaf/Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services. Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, Rev. #231P: Deficit Reduction Act of 2005 - MaineCare Treatment of Assets and Asset Transfers
PROPOSED RULE NUMBER: 2006-P181
CONCISE SUMMARY: This rule proposes to change MaineCare long term care eligibility rules as directed by the Deficit Reduction Act of 2005. The rule proposes to:
* Increase the asset transfer look back period from 36 months to 60 months.
* Change the start date of an asset transfer penalty period to the later of the month of the transfer or the month the individual would otherwise be eligible for and receive long-term care coverage.
* Impose transfer penalties for multiple transfers with a value less than the average nursing home private pay rate, · Impose transfer penalties on a partial month of ineligibility.
* Add funds used to purchase certain promissory notes, loans, or mortgages to the definition of countable assets.
* Make an individual ineligible for MaineCare long term care services if their primary residence has an equity value greater than $750 thousand and clarifies the treatment of a loan against the home if the proceeds are given away.
* Add the purchase of certain life estate interests in the home of another, and certain entrance fees for Continuing Care Retirement Communities to the definition of countable assets.
* Add language explaining when annuities are counted as assets.
* Add clarification concerning when the purchase of certain annuities are considered asset transfers subject to penalty.
* Clarify the circumstances and process under which MaineCare will grant undue hardship waiver and therefore decline to assess a transfer penalty.
* Clarify the definition of Fair Market Value as it relates to exempt transfers and disallows personal service contracts between family members as exempt transfers.
* Remove language and examples made inappropriate by the above proposed rule changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES,
STATUTORY AUTHORITY: Title VI, Deficit Reduction Act of 2005, PL 109-171, Feb. 8, 2006. Ch. 2 and 22 MRSA §§ 3173 and 3174.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: August 25, 2006
AGENCY CONTACT PERSON: Rose Masure, Director of Policy and Programs, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-3104
TTY: 1 (800) 606-0215 (Deaf/Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services, Office of Maine Care Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual, Ch. II Section 14, Advanced Practice Registered Nursing Services
PROPOSED RULE NUMBER: 2006-P182
CONCISE SUMMARY: The Office of MaineCare Services is proposing changes to the MaineCare Benefits Manual, Ch. II Section 14, Advanced Practice Registered Nursing Services. This rulemaking entails the deletion of an obsolete pricing modifier and refers providers to departmental billing instructions for additional assistance. The Department also made several changes for clarification purposes and other structural, administrative and grammatical changes within this rulemaking.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rule making documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA § 42, § 3173
PUBLIC HEARING: August 15, 2006, 9:00 a.m., Department of Health and Human Services Conference Room #1A, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 9, 2006.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on August 28, 2006.
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner, Office of Maine Care 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 or Hard of Hearing)



AGENCY: 16-222 - Maine Department of Public Safety, Bureau of State Police
RULE TITLE OR SUBJECT: Ch. 1, State of Maine Motor Vehicle Inspection Manual
PROPOSED RULE NUMBER: 2006-P183
CONCISE SUMMARY: This regulation repeals and replaces the existing regulation relating to the State of Maine's motor vehicle inspection program. Please reference generally 29-A MRSA c.15, sub-c.1 (regarding motor vehicle inspections).
Note: The Bureau of the Maine State Police is neither adopting new rules of practice governing the conduct of adjudicatory proceedings, licensing proceedings, and the rendering of advisory rulings, nor is the bureau adopting new rules of practice regarding use of alternative dispute resolution techniques. The bureau has determined that existing procedures afforded under current rules, laws, and/or policies have worked effectively and efficiently. The bureau reserves its right to promulgate such new rules at any time in the future. Please reference generally 5 MRSA §8051.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §1769
PUBLIC HEARING: Monday, August 14, 2006 at 1 p.m. at the Maine Department of Public Safety, 45 Commerce Drive, Suite 1, Augusta, Maine
DEADLINE FOR COMMENTS: Comments must be received by 5 p.m. on Thursday, August 24, 2006.
AGENCY CONTACT PERSON: Lt. Christopher Grotton, Maine Department of Public Safety, Bureau of State Police, 20 State House Station, Augusta, ME 04333-0020
TELEPHONE: (207) 624-8946



AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Ch. 35, Proposed Statement for Administering the 2007 Maine Community Development Block Grant Program
PROPOSED RULE NUMBER: 2006-P184
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §13058, Subsection 3
PUBLIC HEARINGS:
August 14, 2006: 1:00 p.m., City Council Chambers, Caribou City Hall, 25 High Street, Caribou, Maine 04736
August 15. 2006: 1:00 p.m., Auditorium 1st Floor, Bath City Hall, 55 Front Street, Bath, Maine 04530
August 16, 2006: 1:00 p.m., Sunrise County Economic Council, PO Box 679, 1 Stackpole Road, Machias, Maine 04654
August 18, 2006: 9:45 a.m., Augusta Post 2, American Legion, Capitol Street Extension, Augusta, Maine 04330
DEADLINE FOR COMMENTS: September 1, 2006 at 4:00 p.m.
AGENCY CONTACT PERSON: Michael D. Baran, Technical Assistance Program Manager, Department of Economic and Community Development, Office of Community Development, 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9816



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.02, Migratory Bird Hunting Season
PROPOSED RULE NUMBER: 2006-P185
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider adoption of the following rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds (SUBJECT TO CHANGE TO COMPLY WITH FINAL FEDERAL GUIDELINES PUBLISHED IN SEPTEMBER).
1) Ducks (not including mergansers). NORTH ZONE: October 2 through December 9, 2006. SOUTH ZONE: October 2 through October 28, 2006, November 13 through December 23, 2006. Daily Limit 6 ducks, no more than 4 of any one species; possession limit 12, no more than 8 of any one species, with the following exceptions:
a. Closed season for Harlequin ducks.
b. Daily limit: 1; possession limit: 2 for black ducks, pintail, canvasback, mottled ducks and fulvous tree ducks.
c. Daily limit: 2; possession limit: 4 for hen mallard, wood ducks and redhead ducks.
d. Daily limit: 2; possession limit: 4 for scaup.
e. Daily limit of 4; possession limit: 8 for teal (blue and green-winged teal).
2) Mergansers and American coots: SEASON SAME AS DUCKS. Mergansers: Daily limit 5 in the aggregate; possession limit 10 with the following exceptions: Hooded mergansers: daily limit: 1; possession limit: 2. American coot: Daily limit 5, possession limit 10.
3) Canada Geese (Special Early Season): September 5 through September 23, 2006. Daily limit: 4; possession limit: 8. Regular Goose Season - NORTH ZONE: October 2 through December 9, 2006. SOUTH ZONE: October 23 through October 28, 2006, November 13 through December 23, 2006. Daily limit: 2; possession limit: 4
4) Snow Geese: October 2, 2006 - January 31, 2007. Daily limit 15; no possession limit.
5) Brant: October 2 – November 28, 2006. Daily limit 2; possession limit 4.
6) Special Falconry Season: In addition to the regular migratory bird season on ducks, mergansers, and American coots: NORTH ZONE: December 8, 2006 through January 31, 2007. SOUTH ZONE: January 6, 2007 through February 28, 2007. Falconry season daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 6 birds respectively, singly or in the aggregate.
7) Sea Ducks: (scoters eiders, and long-tailed ducks in the sea duck zone): October 2, 2006 through January 31, 2007. Daily limit 7; possession limit 14 with following exceptions: Scoter: daily limit: 4; possession limit: 8. Common Eider: daily limit: 5; possession limit: 10.
8) Woodcock: October 2 through October 28, 2006 and October 30 through November 1, 2006. Daily limit 3; possession limit 6.
9) YOUTH WATERFOWL HUNT: September 23, 2006. Bag limits as above and youth hunters may take 1 black duck. Special regulations will apply to youth and accompanying adult.
Copies of the proposed rules may be obtained from the Agency Contact Person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 12 MRSA §§ 10104 and 11855
PUBLIC HEARING: Wednesday, August 16, 2006 at 6:30 p.m. at the Holiday Inn Conference Center, York Room, Community Drive, Augusta, ME
DEADLINE FOR COMMENTS: August 16, 2006
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333; e-mail: andrea.erskine@maine.gov. Telephone: (207) 287-5201



AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 16, Allocation of State Ceiling for Low-Income Housing Tax Credit Rule
PROPOSED RULE NUMBER: 2006-P186
CONCISE SUMMARY: The Internal Revenue Code of 1986, as amended, (the “Code”) requires Maine State Housing Authority (“MaineHousing”), as the State’s designated housing credit agency, to adopt a qualified allocation plan for allocating and administering the State ceiling of low income housing tax credits (the ‘State Ceiling”). This Rule is MaineHousing’s qualified allocation plan. MaineHousing is modifying the current Rule, which is the qualified allocation plan for allocating the 2006 State Ceiling, to establish the qualified allocation plan for allocating the 2007 State Ceiling. Significant changes from the 2006 qualified allocation plan include (i) a bifurcation of the scoring criterion that rewards projects with a higher level of handicapped accessibility to reward a higher level of accessibility in elderly projects than in family projects; (ii) the addition of a new scoring criterion to encourage developers to adopt a policy prohibiting smoking in the units and common areas of a project to improve indoor air quality and promote healthy living environments for residents; (iii) modification of the leveraged funds category to provide an incentive for a wider range of capital subsidy, including even small amounts of subsidy, which reduces the amount of MaineHousing subsidy necessary to develop a project; (iv) the addition of a new scoring criterion to incrementally reward developers who have a commitment of project-based rental assistance based on the number of assisted units in the project and the length of the rental assistance contract; (v) the addition of a new scoring criterion to reward developers who have certain property tax relief arrangements pursuant to which a portion of the annual incremental property tax revenue is used to pay the operating costs of the project or is foregone by the municipality to reduce the operating costs of the project; (vi) modification of the existing contractor health insurance criterion to reflect MaineHousing’s experience with the availability of employer-funded health insurance among contractors of MaineHousing-financed multifamily housing; (vii) modification of existing criteria to clarify or better effectuate the intent of the criteria; and (viii) other updates, clarifications and grammatical changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA §§ 4741(1) and 4741(14), Section 42 of the Internal Revenue Code of 1986, as amended
PUBLIC HEARING: Tuesday, August 15, 2006, 9:30 a.m., Maine State Housing Authority Board Room, 353 Water Street, Augusta, Maine 04330-4633. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: Friday, August 25, 2006, 5:00 p.m., Jodie Stevens, Counsel, Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


ADOPTIONS



AGENCY: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 931, Viatical and Life Settlements – repeals and replaces Ch. 930, Viatical Settlements
ADOPTED RULE NUMBER: 2006-316 and 317
CONCISE SUMMARY: The purposes of this rule are to set forth standards and procedures for the viatication of life insurance policies through viatical and life settlements, to establish and maintain standards for reasonableness of payments to viators in the case of viatical settlements, to provide for procedures for disclosure of the identity of the viator or the insured, and to establish licensing requirements and standards of conduct for viatical and life settlement providers and producers.
EFFECTIVE DATE: July 19, 2006
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624- 8452



AGENCY: 01-017 - Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 1, Administration: Section 1, Definition: Subsection 64, Person
ADOPTED RULE NUMBER: 2006-318
CONCISE SUMMARY: The Commission voted to accept the proposed rule to clarify the definition of “person”. This change reflects the definition used by other State agencies.
CHAPTER NUMBER AND TITLE: Ch. 21, General Hearing Procedures: Section 11, Hearings Conducted before the full Commission or Commission Chair: Subsection 4, Positive Tests by Licensee
ADOPTED RULE NUMBER: 2006-319
CONCISE SUMMARY: The rule allows the Commission Chair to suspend a licensee’s license for 30 days pursuant to 5 MRSA Section 10004 (5)(B) if the Commission Chair determines that a licensee has engaged in the use or administration of a prohibited substance.
EFFECTIVE DATE: July 19, 2006
AGENCY CONTACT PERSON: Henry W. Jackson, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221



AGENCY: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 919, Life Insurance and Annuities Replacement
ADOPTED RULE NUMBER: 2006-320
CONCISE SUMMARY: The purpose of this rule is:
(1) To regulate the activities of insurers and producers with respect to the replacement of existing life insurance and annuities.
(2) To protect the interests of life insurance and annuity purchasers by establishing minimum standards of conduct to be observed in replacement or financed purchase transactions. It will:
   (a) Assure that a purchaser receives information with which a decision can be made in his or her own best interest;
   (b) Reduce the opportunity for misrepresentation and incomplete disclosure; and
   (c) Establish penalties for failure to comply with requirements of this rule.
EFFECTIVE DATE: January 1, 2007
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 25, Dental Services
ADOPTED RULE NUMBER: 2006-321
CONCISE SUMMARY: This rulemaking permanently adopts the proposed rule that entailed several changes to the MaineCare Benefits Manual, Ch. II & III, Section 25, Dental Services. The Department has adopted new language for preventive and non-covered services for clarification purposes. Additional changes made in this rulemaking clarify the reimbursement and prior authorization requirements for orthodontics, orthognathic surgery and adult services. The Department incorporated the cleft lip and palate services into the orthodontic services section and made modifications to clarify the services that are provided. This rulemaking also identifies covered services by provider type for denturists and hygienists. The adopted rule updates Ch. III of Section 25 to include the addition of new procedure codes and the deletion of obsolete coding. This change allows MaineCare to mirror the Healthcare Common Procedure Coding System (HCPCS) and the American Dental Association’s edition of Current Dental Terminology (CDT 5) for a more uniform method of billing for professional dental services. The Department made several other structural, administrative and grammatical changes within this rulemaking.
The Department withdrew some proposed language that eliminated the supplemental payment to general dentists and the redistribution of the funds to increase the rates for extractions and restorative services. The present reimbursement structure will remain in place and the Department will pursue alternate approaches to the distribution of these funds in a future rulemaking. The Department also withdrew the proposed change in the age requirement for procedure code D1330 – Oral Hygiene Instructions.
See: http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: August 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)