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Home > Weekly Newspaper Notices > December 26, 2007

December 26, 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.


NOTICE OF CONTINUATION OF PUBLIC HEARING



LURC ZONING PETITION ZP 707
PROPOSED CONCEPT PLAN FOR PLUM CREEK’S LANDS IN THE MOOSEHEAD LAKE REGION
PISCATAQUIS AND SOMERSET COUNTIES, MAINE

PURPOSE
The Land Use Regulation Commission is seeking public comment on Zoning Petition ZP 707, a proposed Concept Plan for Plum Creek’s Lands in the Moosehead Lake Region. The purpose of the hearing is to allow the applicant, interested groups and members of the public the opportunity to present testimony and evidence as to whether the applicant’s proposal meets the statutory and regulatory criteria for approval under provisions of 12 M.R.S.A., Section 685-A (8-A) and Section 10.23, H of the Commission’s rules.
The Commission has concluded public sessions on this proposal in Greenville on December 1st, Augusta on December 2nd, and Portland on December 15th. A fourth public session in Greenville has been rescheduled due to weather as noted below. The Commission also concluded two weeks of party sessions in Augusta on December 14, 2007, and will continue those party sessions in Augusta in January 2008 as noted below.
TIME AND PLACE
Members of the public are welcome to attend and/or participate in any of the scheduled public sessions. Party sessions are devoted to questions by the Land Use Regulation Commission and cross-examination of witnesses presented by the applicant, formal parties to the proceeding (i.e., intervenors and interested persons), and governmental agencies. Members of the public may attend these sessions, but may not participate.
Rescheduled Public Sessions
Saturday, January 19, 2008: 10:00 a.m. – 1:00 p.m., 2:00 p.m. – 6:00 p.m. - Greenville High School Auditorium, 130 Pritham Avenue, Greenville, Maine
Snow Date: Saturday, January 26, 2008. (The Commission is reserving this date in case the public session scheduled for Saturday, January 19, 2008 is postponed due to weather.): 10:00 a.m. – 1:00 p.m., 2:00 p.m. – 6:00 p.m. - Greenville High School Auditorium, 130 Pritham Avenue, Greenville, Maine
Members of the public will not be allowed to speak during more than one public session. LURC anticipates that these sessions will be heavily attended, and speakers will likely be limited to three minutes each. Members of the public who wish to speak during a public session may begin arriving between 9:00 a.m. and 10:00 a.m. to receive a number from LURC staff. Speakers will be called according to the number they are issued.
Continued Party Sessions
8:30 a.m. – 5:30 p.m., St. Paul Center, 136 State Street, Augusta, Maine: Tuesday, January 15, 2008; Wednesday, January 16, 2008; Thursday, January 17, 2008; Friday, January 18, 2008.
Continued on Tuesday, January 22, 2008 and additional days as necessary.
CONTINUANCE OF HEARING
As provided by Section 5.08 of the Commission’s rules, this hearing may be continued and reconvened from time to time and from place to place by the Presiding Officer as circumstances require. The Presiding Officer shall provide reasonable notice to interested persons and the public of the time and place of any such reconvened hearing.
HOW TO PARTICIPATE
All interested members of the public are invited to attend and offer testimony which would have a bearing on this proposal. The public is not required to submit written testimony before the hearing in order to testify. Members of the public may simply attend the hearing and give oral testimony. The Presiding Officer will provide notice of the deadlines established for filing of written statements by members of the public, including notice of the date that the hearing record will close.
Written comments should be sent to the Land Use Regulation Commission, 22 State House Station, Augusta, Maine, 04333-0022. Comments may also be submitted via e-mail to LURC@maine.gov.
DISABILITIES
Persons with disabilities planning to attend the hearing are requested to inform the Commission in advance so that arrangements can be made for services they may require.
FOR ADDITIONAL INFORMATION
A full copy of the proposed concept plan may be viewed at the Commission’s main office (18 Elkins Lane, Harlow Building, Augusta, Maine) or and may be downloaded from the agency’s web site (www.maine.gov/doc/lurc). To view the proposed concept plan at the Augusta office, please call the office in advance at (207) 287-2631. Persons having questions may contact LURC by e-mail (LURC@maine.gov) or telephone (207-287-2631).
LEGAL AUTHORITY
The hearing will be held under authority of 12 MRSA, Chapter 206-A and will be conducted in accordance with the Commission's Rules for the Conduct of Public Hearings.
AGENCY CONTACT PERSON: Agnieszka Pinette, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: (207) 287-2631
E-MAIL: lurc@maine.gov


PROPOSALS



AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 611, Maine College Savings Program, Amendment 11
PROPOSED RULE NUMBER: 2007-P324
DEADLINE FOR COMMENTS: The deadline for written comments set forth in the Notice of Agency Rulemaking Proposal published on December 5, 2007 is extended until January 9, 2008.
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 ext. 3515 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095 (FAX)



AGENCY: 14-193 - Department of Health and Human Services, Office of Adult Mental Health Services
RULE TITLE OR SUBJECT: Ch. 1, Rights of Recipients of Mental Health Services: Part B, Section V, Involuntary Treatment
PROPOSED RULE NUMBER: 2007-P325
DEADLINE FOR COMMENTS: The deadline for written comments set forth in the Notice of Agency Rulemaking Proposal published on December 5, 2007 is extended until April 30, 2008.
AGENCY CONTACT PERSON: Tom Ward, Dept. of Health and Human Services, Offices of Adult Mental Health Services, 11 State House Station, Augusta, ME 04330-0011
TELEPHONE: (207) 287-4249
TDD: 1 (800) 606-0215
FAX: (207) 287-7571



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 202, Tree Growth Tax Law Valuations - 2008
PROPOSED RULE NUMBER: 2007-P338
CONCISE SUMMARY: Rule 202 fulfils the requirement that each year the State Tax Assessor determine 100% valuations per acre for each forest type by economic region for parcels under the Tree Growth Tax Law. This rule is applicable to the 2008 tax year. A copy of the statement of the economic impact on small business to be prepared by Maine Revenue Services pursuant to 5 MRSA §8052(5-A) with respect to the proposed Rule may be obtained after the close of the comment period and prior to the adoption of the proposed Rule by contacting the Agency Contact Person listed below.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §576
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: January 31, 2008
AGENCY CONTACT PERSON: John W. Sagaser, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536



AGENCY: 12-597 - Bureau of Employment Services
RULE TITLE OR SUBJECT: Ch. 1, Rules Governing Implementation of Trade Adjustment Assistance Program, established by the United States Trade Act of 1974
PROPOSED RULE NUMBER: 2007-P339
CONCISE SUMMARY: The proposed amendment will lower the transportation assistance cut off to 20 miles or greater to assist more customers with commuting costs to training due to the increased fuel costs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MSRA §2051
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: January 25, 2008
AGENCY CONTACT PERSON: Judy Pelletier, Trade Program Manager, Bureau of Employment Services, 55 State House Station, Augusta, ME 04333
TELEPHONE: (207)·623·7993



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual, Ch. II Section 21, Home and Community Benefits for Members with Mental Retardation and Autistic Disorder
PROPOSED RULE NUMBER: 2007-P340
CONCISE SUMMARY: This rulemaking repeals and replaces the existing section of Home and Community Benefits for Members with Mental Retardation and Autistic Disorder. Ch. II incorporates revised service definitions, and eliminates two services (personal support and respite). The revision of service definitions also alters what previously were three definitions into six, with the result being three new stand-alone services; crisis assessment, work support and counseling.
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 §§ 10, 12, 42(1), 3173.
PUBLIC HEARING:
Date: January 16, 2008, 12:00-3:00 p.m.
Location: Conference Room # 1A, 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 January 4, 2008.
DEADLINE FOR COMMENTS: Midnight, January 26, 2008
AGENCY CONTACT PERSON: Ginger Roberts, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Major Substantive RuleCh. 101, MaineCare Benefits Manual: Ch. III Section 21, Home and Community Benefits for Members with Mental Retardation and Autistic Disorder
PROPOSED RULE NUMBER: 2007-P341
CONCISE SUMMARY: This rulemaking repeals and replaces the existing section of Home and Community Benefits for Members with Mental Retardation and Autistic Disorder. Ch. III establishes new billing procedure codes based on HIPAA compliant CPT coding.
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: January 16, 2008, 12:00-3:00 p.m.
Location: Conference Room # 1A, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME 04333-0111. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 4, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight Saturday, January 26, 2008.
AGENCY CONTACT PERSON: Ginger Roberts, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 29, Community Support Benefits for Members with Mental Retardation and Autistic Disorder
PROPOSED RULE NUMBER: 2007-P342
CONCISE SUMMARY: The services in this Section of the MaineCare Benefits Manual will be provided to MaineCare members under a Home and Community Based Waiver approved by the Centers for Medicare and Medicaid Services (CMS). Services as detailed in Ch. II include Community Support, Employment Specialist Services, Work Support, Home Accessibility Adaptations, Transportation and Respite. Reimbursement for these services is set forth in Ch. III. The Department is proposing these rules to permanently adopt emergency rules currently in effect.
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, (and any other applicable statutes).
PUBLIC HEARING:
Date: January 17, 2008, 12:00 noon
Location: Conference Room # 1A, 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 January 14, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight, January 27, 2008.
AGENCY CONTACT PERSON: Ginger Roberts, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
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 the Maine State Police
RULE TITLE OR SUBJECT: Ch. 4, Maine Motor Carrier Safety Regulation
PROPOSED RULE NUMBER: 2007-P343
CONCISE SUMMARY: Through this rulemaking, the Bureau of the Maine State Police will:
* Consolidate two current regulations into one regulation, for ease of use and reference by the regulated community;
* Adopt and incorporate by reference into the regulation 49 CFR Part 385, as amended; and
* Adopt and incorporates by reference into the regulation 49 CFR §383.53.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §555
PUBLIC HEARING: Wednesday, January 16, 2008 at 1 p.m. in the Fallen Heroes Conference Room at the Maine Department of Public Safety, 45 Commerce Drive, Suite 1, Augusta, ME 04333
DEADLINE FOR COMMENTS: By or before 5 p.m. Monday, January 28, 2008
TELEPHONE: (207) 624-8914



ADOPTIONS



AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 160 (repeal), Administration of Combination Vehicles with Semi-Trailers Whose Total Length Exceed 48 Feet But Do Not Exceed 53 Feet
ADOPTED RULE NUMBER: 2007-526
CONCISE SUMMARY: This rule is being repealed because the fifty-three foot trailer permit requirement pursuant to 29A MRSA §2390 was repealed by C. 253, PL 2003.
EFFECTIVE DATE: December 19, 2007
AGENCY CONTACT PERSON: Francis Fox, Bureau of Motor Vehicles – Motor Carrier Services, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE:(207) 624-9056



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: 2007-527
CONCISE SUMMARY: The amendment identifies the current edition of the standards of professional practice with which licensees shall comply.
EFFECTIVE DATE: December 22, 2007
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 21, Home and Community Benefits for Members with Mental Retardation or Autistic Disorder
ADOPTED RULE NUMBER: 2007-528 (Emergency)
CONCISE SUMMARY: The adopted rule repeals and replaces Ch. II Section 21, Home and Community Benefits for members with Mental Retardation or Autistic Disorder. New service definitions are included that better define current service provision.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: December 30, 2007
AGENCY CONTACT PERSON: Ginger Roberts, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (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. III Section 21, Home and Community Benefits for Members with Mental Retardation or Autistic Disorder
ADOPTED RULE NUMBER: 2007-529 (Emergency major substantive)
CONCISE SUMMARY: Pursuant to Public Law 2007, Ch. 237, the Department of Health and Human Services is authorized to adopt major substantive rules on an emergency basis to establish the rates for these services. The rule is being filed as an Emergency Major Substantive rule effective December 30, 2007 and will remain if effect for one year or until reviewed by the Maine State Legislature.
This rule impacts Home and Community Benefits for Members with Mental Retardation and Autistic Disorders. This rule repeals and replaces the existing Section of Home and Community Benefits for Members with Mental Retardation and Autistic Disorder.
The services in this Section of the MaineCare Benefits Manual will be provided to MaineCare members under a Home and Community Based Waiver approved by the Centers for Medicare and Medicaid Services (CMS). Reimbursement for these services is set forth in Ch. III, using HIPPA compliant CPT coding.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: December 30, 2007
AGENCY CONTACT PERSON: Ginger Roberts, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (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 & III Section 29, Community Support Benefits for Members with Mental Retardation and Autistic Disorders
ADOPTED RULE NUMBER: 2007-530 (Emergency)
CONCISE SUMMARY: The Department is adopting emergency rules allowing Community Support Benefits for Members with Mental Retardation and Autistic Disorder. The Maine State Legislature has given authority for these emergency rules to assure that these services are available for eligible members. This Section of the MaineCare Benefits Manual details services to members under a Home and Community Based Waiver approved by the Centers for Medicare and Medicaid Services (CMS). Services covered in Ch. II include Community Support, Employment Specialist Services, Work Support, Home Accessibility Adaptations, Transportation and Respite. Ch. III defines the reimbursement methodology for these services. Ch. III also established billing procedure codes based on HIPAA complaint coding. These rules will remain in effect for 90 days while the Department promulgates rules to permanently adopt these rules.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 1 – March 30, 2008
AGENCY CONTACT PERSON: Ginger Roberts, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)



AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 12, Formal Hearings: 12(6)(2)(B), LSS Record of Proceedings
ADOPTED RULE NUMBER: 2007-531
CONCISE SUMMARY: Before approving a lump sum settlement that releases an employer's liability for future medical expenses, hearing officers will make a determination regarding expected future medical, costs related to the injury.
EFFECTIVE DATE: December 26, 2007
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7086