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Home > Weekly Newspaper Notices > February 13, 2008

February 13, 2008

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.


HEARING CANCELLED



AGENCY: 18-364 - Bureau of Alcoholic Beverages and Lottery Operations, State Liquor and Lottery Commission
HEARING AND COMMENT DEADLINE CANCELLED: The public hearing and comment deadline for filing 2008-P17 (Ch. 1, Maine State Lottery), as published on January 30, 2008, are cancelled.
AGENCY CONTACT PERSON: Dan A. Gwadosky, Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008
TELEPHONE: (207) 287-6756


PROPOSALS



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. #240P: Sections 1511(II), 3200.07, 3560(II), 5090, and Chart III(L)
PROPOSED RULE NUMBER: 2008-P23
CONCISE SUMMARY: This rule change:
The Department previously proposed and adopted essentially this same rule implementing monthly premiums for the Katie Beckett coverage group. Before that rule became effective, the Department decided to leave the Katie Beckett coverage within the State Plan instead of obtaining a waiver from CMS. As previously adopted, this rule will also eliminate 12 months continuous coverage for the Katie Beckett coverage group. This means that MaineCare coverage ends when the individual no longer meets eligibility requirements instead of continuing for 12 months, regardless of changes that take place.
This rule will not have any impact on small business.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3173 and 22 MRSA §3173-F & 42 USC §1396o (Section 1916 of the Social Security Act)
PUBLIC HEARING: Tuesday, March 4th from 4:00 p.m. – 7:00 p.m. and on Friday, March 7th from 10:00 a.m. – 1:00 p.m.:
Bangor: University College Bangor, Bangor Hall, 1 University Drive, Bangor, ME 04401
Houlton: University College at Houlton, Houlton Higher Education Center, 18 Military Street, Houlton Me 04730
Augusta: University of Maine at Augusta, Bennett Katz Library Room 16, 46 University Drive, Augusta Me 04330
Portland: University of Southern Maine, ITV Office, Room 303, 96 Falmouth Avenue, Payson Smith Hall, Portland ME 04104
The hearings on both dates are simultaneous and will be broadcast from the University of Maine at Augusta, to all of the sites. The public can hear, see and participate in the hearings from any of the broadcast sites. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before February 26th.
DEADLINE FOR COMMENTS: March 14, 2008
AGENCY CONTACT PERSON: Bethany Hamm, MaineCare 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) 287-2637
TTY: (800)-606-0215 (Deaf/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. X Section 3, Katie Beckett Benefit
PROPOSED RULE NUMBER: 2008-P24
CONCISE SUMMARY: The proposed rule describes basic provisions of the Katie Beckett benefit that reimburse services for certain children who meet Social Security criteria for disability but are otherwise not eligible for MaineCare services.
This rule is not expected to have any adverse economic impact on small business.
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: Ch. 101 of the MaineCare Benefits Manual; Section 5000 of Ch. 332 of the MaineCare Eligibility Manual; Title XIX, §1902(e)(3)(B)(iii) of the Social Security Act; Attachment 4.18-F Pages 1-7 of the Maine State Plan under Title XIX of the Social Security Act; 22 MRSA §3173-F; and 42 USCS §1396o.
PUBLIC HEARING: Tuesday, March 4th from 4:00 p.m. – 7:00 p.m. and on Friday, March 7th from 10:00 a.m. – 1:00 p.m.:
Bangor: University College Bangor, Bangor Hall, 1 University Drive, Bangor, ME 04401
Houlton: University College at Houlton, Houlton Higher Education Center, 18 Military Street, Houlton Me 04730
Augusta: University of Maine at Augusta, Bennett Katz Library Room 16, 46 University Drive, Augusta Me 04330
Portland: University of Southern Maine, ITV Office, Room 303, 96 Falmouth Avenue, Payson Smith Hall, Portland ME 04104
The hearings on both dates are simultaneous and will be broadcast from the University of Maine at Augusta, to all of the sites. The public can hear, see and participate in the hearings from any of the broadcast sites. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before February 26th.
DEADLINE FOR COMMENTS: Comments must be received by midnight March 18, 2008.
AGENCY CONTACT PERSON: Dawn R. Gallagher, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9366
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: dawn.r.gallagher@maine.gov



AGENCY: 12-597 - Maine Department of Labor, Bureau of Employment Services
RULE TITLE OR SUBJECT: Ch. 2 (New), Competitive Skills Scholarship Program
PROPOSED RULE NUMBER: 2008-P25
CONCISE SUMMARY: This rule establishes the criteria for determining eligibility and services for applicants and participants in the Competitive Skills Scholarship Program. The program will be operated through Maine's CareerCenters and will help provide access to education, training and support services to people with income below 200% of the federal poverty guidelines so that they may prepare for skilled jobs in high demand with high compensation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 2007, ch. 352, codified at 26 MRSA ch. 25, sub-ch. 5.
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: March 17, 2008
AGENCY CONTACT PERSON: Edmund J. McCann, Bureau of Employment Services, Maine Department of Labor, 45 Commerce Center Drive, Augusta, ME 04333
TELEPHONE: (207) 623-7996


ADOPTIONS



AGENCY: 10-144 - Department of Health & Human Services
CHAPTER NUMBER AND TITLE: Ch. 700, Rules relating to the Maine Maternal & Infant Mortality Review Panel
ADOPTED RULE NUMBER: 2008-65
CONCISE SUMMARY: These rules establish the responsibilities of the Maine Maternal & Infant Mortality Review Panel in regard to collection of data, panel membership, conduct of family/parent interviews, confidentiality, and the nature of contact between the Maine Maternal and Infant Mortality Review Panel with families and access to medical records and conduct of review of maternal and infant deaths.
EFFECTIVE DATE: February 6, 2008
AGENCY CONTACT PERSON: Ellie Mulcahy, DHHS, Center for Disease Control, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-4623, 1 (800) 698-3624
TTY: 1 (800) 606-0215



AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services, Division of Vocational Rehabilitation
CHAPTER NUMBER AND TITLE: Ch. 7, Independent Living Services Program Manual
ADOPTED RULE NUMBER: 2007-66
CONCISE SUMMARY: Ch. 7, Amendments to the Division of Vocational Rehabilitation Independent Living Services Program Manual, the rules that govern the delivery of independent living services for persons with disabilities. The area amended is the appeals process, reflecting recently enacted federal legislation and regulations.
EFFECTIVE DATE: February 6, 2008
AGENCY CONTACT PERSON: Mel Gleason, Division of Vocational Rehabilitation, 150 State House Station, Augusta, ME 04333-0150
TELEPHONE: (207) 623-7963
E-MAIL: melvin.j.gleason@maine.gov



AGENCY: 12-168 - Department of Labor
CHAPTER NUMBER AND TITLE: Ch. 50 (New), Nondiscrimination Policy and Grievance Procedure
ADOPTED RULE NUMBER: 2008-67
CONCISE SUMMARY: New Chapter: Rule to establish a standard statewide policy and procedure for compliance with the federal Americans with Disabilities Act and Section 504. As required by Executive Order 6 FY 04/05, State departments shall adopt a grievance procedure based on the Department of Labor’s model.
EFFECTIVE DATE: February 6, 2008
AGENCY CONTACT PERSON: Mel Gleason, Division of Vocational Rehabilitation, 150 State House Station, Augusta, ME 04333-0150
TELEPHONE: (207) 623-7963
E-MAIL: melvin.j.gleason@maine.gov



AGENCY: 18-125 – Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 104 (New), Electronic Filing of Maine Tax Returns
ADOPTED RULE NUMBER: 2008-68
CONCISE SUMMARY: Rule 104 provides comprehensive definitions and explanations of statutory terms and procedures for filing electronic filing of Maine tax returns. Specifically, the proposed Rule clarifies the requirements for participation in the electronic filing of certain returns, including individual income, sales, use, service provider, and income tax withholding. The proposed Rule provides guidance on requesting a waiver and on penalties that may be imposed for noncompliance.
CHAPTER NUMBER AND TITLE: Ch. 803, Withholding Tax Reports and Payments
ADOPTED RULE NUMBER: 2008-69
CONCISE SUMMARY: Rule 803 provides comprehensive definitions and explanations of statutory terms and procedures for filing a withholding tax reports and making payments. Particularly, the proposed Rule eliminates specific information regarding electronic filing and electronic funds transfer thresholds and replaces it with a references to proposed Rules 102 and 104, where that information will now appear.
CHAPTER NUMBER AND TITLE: Ch. 901, Maine Residents Property Tax Program
ADOPTED RULE NUMBER: 2008-70
CONCISE SUMMARY: Rule 901 provides comprehensive definitions and explanations of statutory terms and procedures for the Maine Residents Property Tax Program. Specifically, the proposed amendment to the Rule clarifies the term “property tax accrued” where the claimant owns and occupies two or more different homesteads in Maine. The amount attributable to each property is discussed. Minor editorial revisions were also made.
EFFECTIVE DATE: February 11, 2008
AGENCY CONTACT PERSON: Nanette M. Ardry, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9725