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Home > Weekly Newspaper Notices > July 4, 2007

July 4, 2007

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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #08-07
PROPOSED RULE NUMBER: 2007-P150
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: July 20, 2007, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 20, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 200, Telecommunications Carriers Reporting Requirements for Service Interruptions (also repeals Ch. 20)
PROPOSED RULE NUMBER: 2007-P151 and P152 (comment deadline extended)
CONCISE SUMMARY: The Commission proposes to repeal and replace Chapter 20 of its Rules. Currently, Chapter 20 requires local exchange carriers (LECs) to notify the Commission of major service interruptions and central office switch conversions. As proposed, Chapter 200 would require that all telecommunications carriers provide notice of service interruptions to the Commission, public utilities, wireless providers, and customers. The proposed rule also clarifies that the reporting requirements apply to all interexchange carriers (IXCs) and Competitive Local Exchange Carriers (CLECs) in addition to Incumbent Local Exchange Carriers (ILECs); and, clarifies what types of service interruptions require reporting.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111, and 112
PUBLIC HEARING: A hearing was held on June 14, 2007
NEW COMMENT DEADLINE: July 17, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 10-144 - Department of Health and Human Services, Office of Maine Care Services
RULE TITLE OR SUBJECT: Ch. 115, Principles of Reimbursement for Residential Care Facilities - Room and Board Costs
PROPOSED RULE NUMBER: 2007-P153
CONCISE SUMMARY: The Office of Maine Care Services is proposing changes to 10-144 CMR, Ch. 115, Principles of Reimbursement for Residential Care Facilities- Room and Board Costs.
The Department is proposing to allow small facilities (6 beds and under) to apply to the Office of Audit to waive the requirement that administrators can be reimbursed only for administrative functions. Eligible facilities will be required to submit written applications to the Office of Audit prior to such services being provided and will have to submit proof that such services were actually provided. The Department also proposes the addition of language in section 20.32, which permits a step-up in basis of depreciable assets to be applied to all facilities owned by the seller. The Department defines new standards in section 20.58 that are applicable to all new construction, acquisitions and renovation projects that are reviewed by the Department. These standards include but are not limited to: space requirements, land improvements, fees for architectural services, contingency fees, developer fees, moveable equipments and construction cost per square foot. The Department is also clarifying the definition of "historical costs". The Department also makes minor grammatical changes throughout the proposed rule.
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
PUBLIC HEARING:
Date: July 25, 2007, 1 p.m.
Location: Conference Room #1A, Department of Health and Human Services, Office of Maine Care 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 20, 2007
DEADLINE FOR COMMENTS: Comments must be received by midnight August 6, 2007.
AGENCY CONTACT PERSON: Nicole Rooney, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4460
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS



AGENCY: 06-096 - Maine Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 529, General Permits for Certain Wastewater Discharges
ADOPTED RULE NUMBER: 2007-261
CONCISE SUMMARY: This is a routine periodic update of an existing rule done to maintain consistency with EPA's parallel regulations and to make various administrative changes. This chapter describes the regulatory requirements for issuance of general permits authorizing the discharge of certain pollutants to Waters of the State.
EFFECTIVE DATE: June 27, 2007
AGENCY CONTACT PERSON: Dennis Merrill, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-7788



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #07-07
ADOPTED RULE NUMBER: 2007-262
CONCISE SUMMARY: Minimum July 2007 Class I price is $24.16/cwt. plus $0.90/cwt. for Producer Margins, an over-order premium of $1.85/cwt. as being prevailing in Southern New England and $0.00/cwt. handling fee for a total of $27.11/cwt. 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: July 1, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 316, Long-Term Contracting and Resource Adequacy
ADOPTED RULE NUMBER: 2007-263
CONCISE SUMMARY: This chapter establishes the requirements, standards and procedures governing the authorization of long-term contracts for capacity resources and associated energy and establishes an electric resource adequacy plan.
EFFECTIVE DATE: July 28, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, State House Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 94-289 - Maine Atlantic Salmon Commission
RULE TITLE OR SUBJECT: Ch. 1, Rules of the Atlantic Salmon Commission; 1.03, Open Fall Season
ADOPTED RULE NUMBER: 2007-264
CONCISE SUMMARY: The Atlantic Salmon Commission, through collected data and the use of a technical risk assessment, has determined that the recovery of Atlantic salmon will not be jeopardized by conducting a directed recreational fishery in the fall of the year. This adopted rulemaking creates an annual open fall fishing season for anadromous Atlantic salmon. The season is for a one-month period in the fall, annually, in a specified location on the Penobscot River (between two painted red markers placed on opposing banks that are 150 feet below the Veazie Dam fishway, down river to the former site of the Bangor Dam, which will also be marked by two painted red markers; however, the open area does not include the pool below the former dam site). The permitted activity will be limited to catch and release by fly fishing only. Should the Commission determine it is necessary to close the area during the season, red flags will be displayed.
EFFECTIVE DATE: July 3, 2007
AGENCY CONTACT PERSON: Patrick Keliher, Atlantic Salmon Commission, 172 State House Station, Augusta, Maine 04333
WEB SITE: www.maine.gov/asc
TEL: (207) 287-9972
TTY: (207) 633-9500 (Deaf/Hard of Hearing)



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 80, Pharmacy Services
ADOPTED RULE NUMBER: 2007-265
CONCISE SUMMARY: The Department of Health and Human Services (“the Department”) has placed a 4-brand name limit (with the 5th and subsequent brand names requiring PA) for all MaineCare members over age 18 who are not eligible for Medicare Part D, with the exception of those taking drugs for the treatment of cancer and HIV and atypical antipsychotic drugs. Additionally, these emergency rules increase the member co-pay from $2.50 to $3.00 per prescription, not to exceed $30 per member per month.
Pursuant to 5 MRSA sec. 8054, the Department has determined that immediate adoption of these rules is necessary to avoid an immediate threat to public health, safety or general welfare. Absent immediate corrective action, the funding available to the Department would soon be inadequate to meet various expenditures of the Department, threatening both members and providers in the MaineCare program.
See http://www.maine.gov/bms/rules/gen_other_rules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2007 – September 28, 2007
AGENCY CONTACT PERSON: Scott Goulette, Comprehensive Health Planner, Office of MaineCare 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/Hard of Hearing)



AGENCY: 12-597 - Maine Department of Labor, Bureau of Employment Services
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Governing Implementation of the Trade Adjustment Assistance Program
ADOPTED RULE NUMBER: 2007-266
CONCISE SUMMARY: This is an amendment to the rules that establish standards and procedures for implementing the Trade Adjustment Assistance Act. The amendment (1) changes the definition of “supportive services”; and (2) limits reimbursement of employers for wages paid for on-the-job-training.
EFFECTIVE DATE: July 3, 2007
AGENCY CONTACT PERSON: Judy Pelletier, Trade Program Manager, MDOL - Bureau of Employment Services, 55 State House Station, Augusta, ME 04333-0055
TELEPHONE: (207) 623-7993



AGENCY: 14-197 - Department of Health and Human Services
CHAPTER NUMBER AND TITLE: Ch. 11, Consumer Directed Personal Assistance Services
ADOPTED RULE NUMBER: 2007-267
CONCISE SUMMARY: It is the purpose of the Consumer-Directed Personal Assistance Services program to provide services, subject to the availability of funds, for adult Maine residents with severe disabilities that allow them to remain in their homes and communities and out of institutional settings. The Department of Health and Human Services will regularly assess the resources available to administer the program and establish Maximum Authorized Service amounts as needed to operate within available funding. This program will strive to promote consumer choice, consumer direction, flexibility, as well as consumer responsibility in the provision of these services. Sections 11.09 and 11.10 of this rule are major substantive rules pursuant to P.L. 2007, c. 240 Section OO-2.
EFFECTIVE DATE: July 1, 2007
AGENCY CONTACT PERSON:
AGENCY NAME: David Goddu, OACPDS, 3rd floor Marquardt Building, Augusta, ME 04333
TELEPHONE: (207) 287-6642