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Home > Weekly Newspaper Notices > March 12, 2008

March 12, 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.


PROPOSALS



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 301 Rev. #157P, Full Standard Utility Allowance (FSUA) Update
PROPOSED RULE NUMBER: 2008-P38
CONCISE SUMMARY: This rule will increase the full standard utility allowance when determining the benefit amount for eligible households. The increased allowance is the result of increased costs for heating fuel and other utilities. Not all households will receive an increase in benefits. The full standard utility allowance for those incurring heating/cooling costs or receiving LIHEAP will increase from $450 a month to $546 a month. This proposed rule also includes a change to move a paragraph from FS-555-6 page 7 to FS-555-5 page 6. The wording of the paragraph was not changed. The removal of the paragraph from page 7 will occur in another pending rule change. This rule will not have an adverse impact on small business.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42 and 3104; 7 CFR 273.9(d)(6)(iii); 7 USC §2014(e)(6)(c)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 11, 2008
AGENCY CONTACT PERSON Robert L. 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: (800) 606-0215 (Deaf/Hard of Hearing)



AGENCY: 19-100 - Department of Economic & Community Development
RULE TITLE OR SUBJECT: Ch. 450, Rules for the Maine Applied Technology Development Centers, Section 6: Center Management Assistance Grants
PROPOSED RULE NUMBER: 2009-P39
CONCISE SUMMARY: The amendment to existing Section 6 of Ch. 450 contains a change to remove the $50,000 threshold. Revised wording would read as follows (all other wording in Section 6 remains unchanged):
Eligibility: Only Centers that are not for profit organizations and are part of the Applied Technology Development Center System are eligible for an annual Center Management Assistance Grant, dependent on continued funding by the Legislature. For-profit centers are not eligible for Center Management Assistance Grants.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §15321
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: April 14, 2008
AGENCY CONTACT PERSON: Catherine Renault, Director, Office of Innovation, Department of Economic & Community Development, 59 State House Station, Augusta, ME 04333-0059
TELEPHONE: (207) 624-9801



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 100, Psychological Services
PROPOSED RULE NUMBER: 2008-P40
CONCISE SUMMARY: The Department of Health and Human Services is proposing changes to Ch. III Section 100, Psychological Services. The proposed change removes redundant codes in an effort to achieve consistency with industry standards. Furthermore, the proposed rule removes CPT codes that are no longer billable under Section 100, Psychological Services.
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: A public hearing is not scheduled for this proposed rule. Written comments will be allowed until Friday, April 11, 2008. If five or more individuals request a public hearing, then a hearing will be scheduled and the Department will notify the public.
DEADLINE FOR COMMENTS: Comments must be received by midnight April 11, 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: 02-415 - Department of Professional and Financial Regulation, Office of Licensing and Registration, State Board of Examiners of Psychologists
RULE TITLE OR SUBJECT: Rules Governing Psychologists and Psychological Examiners
PROPOSED RULE NUMBER: 2008-P41 to P50
CONCISE SUMMARY: The proposed rules repeal and replace the board's current rules. Major changes include: Ch. 1, Definitions - Permitting psychological examiners to lead psychoeducational groups. Ch. 2, Advisory Rulings - Adoption of procedures for the discretionary issuance of advisory rulings. Ch. 3, Application, Examination and the Licensure Process - Time requirements for completion of the application process; eligibility for licensure on the basis of a CPQ or NR Credential; requirement that applicants submit license verifications from all jurisdictions in which they were previously licensed; elimination of the oral examination; requirement that applicants pass a jurisprudence examination; requirement that new licensees participate in a practice review seminar during their first year of licensure. Ch. 4, Licensure of Psychologists - Revision of the educational requirements for non-accredited academic programs, including a requirement that non-accredited programs include a minimum of 2 years full-time, on-site residency at the educational insitution with live face-to-face instruction. Revision of the supervised experience requirement. Ch. 5, Licensure of Psychological Examiners - Revision of the educational requirements for non-accredited academic programs, including a requirement that non-accredited programs include a minimum of 1 year full-time, on-site residency at the educational institution with live face-to-face instruction. Revision of the supervised experience requirement. Ch. 6, Supervision of Unlicensed Personnel - New supervision standards for unlicensed personnel. Declaration that “the supervisor is ethically and legally responsible for all of the professional activities of the supervisee.” Ch. 7, Qualifications of Supervisors - New global qualifications standard for all psychologists who serve as supervisors. Ch. 8, Continuing Professional Education – Substantial change to the continuing education requirement, including 3 hours in ethics, 20 hours in the licensee’s current areas of practice or anticipated areas of future practice and, for supervisors, 3 hours in skills and principles of supervision. The distinction between Category 1 and Category 2 activities is eliminated. New categories of continuing education activities are recognized. The 20-hour limitation on “correspondence courses” is eliminated. The approval process for continuing education activities is clarified. A provision for hardship deferment of continuing education is added. Ch. 9, Ethical Standards and Practice Requirements - Updated editions of the codes of ethics to be observed by licensees; new requirement that full client records be retained for at least 5 years following last contact and that treatment summaries be retained for at least 15 years following last contact; notice requirement for psychologists licensed in another jurisdiction who provide occasional services in Maine; occasional services limited to a maximum of 10 days per calendar year. Ch. 10, Enforcement and Disciplinary Procedures - Greater delineation of grounds for discipline, including: (a) disciplinary action in another state or jurisdiction against the licensee, (b) maintaining client records which are substantially inaccurate or incomplete, (c) disclosing a client’s health care information in violation of state confidentiality law, and (d) responsibility for the conduct of unlicensed persons in the employment or under the direction of the psychologist who participate in the provision of psychological services. This chapter also removes the declaration of a licensee’s implied consent to mental or physical examination contained in the current rules.
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §§ 8051, 9001(4); 32 MRSA §§ 59-B, 3811(1), 3816, 3824(2), (5) and (6); 10 MRSA §8003(5-A)(G)
PUBLIC HEARING: April 1, 2008, 9:00 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: April 16, 2008
AGENCY CONTACT PERSON: Geraldine L. Betts, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8625



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
TYPE OF RULE: Amendment to Existing rule
RULE TITLE OR SUBJECT: Ch. 4.01, Upland Game and Furbearing Animals – (J) Size of Traps
PROPOSED RULE NUMBER: 2008-P51
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to permanently adopt a rule limiting some of the trap types and sizes that may accidentally capture the Federally Threatened Canada Lynx in Northern Maine (WMDs 1, 2, 3, 4, 5, 6, 8, 9, 10, and 11). This rule was enacted as an emergency rule and is being finally adopted in order to comply with a Consent Decree issued by the U.S. District Court for the District of Maine on October 4, 2007, resolving a lawsuit alleging that the State’s licensure of trappers violated the federal Endangered Species Act.
STATUTORY AUTHORITY 12 MRSA §10104
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: April 14, 2008
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station – 284 State Street Augusta, ME 04333-0041
E-MAIL ADDRESS: Andrea.Erskine@maine.gov
TELEPHONE: (207) 287-5201



AGENCY: 06-096 - Board of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 900, Biomedical Waste Management Rules
PROPOSED RULE NUMBER: 2008-P52
CONCISE SUMMARY: The Board of Environmental Protection proposes to amend Ch. 900 of its rules. Ch. 900 identifies biomedical waste subject to regulation, requires the registration of biomedical waste generators and establishes packaging, labeling, handling, storage, transportation and treatment requirements. The Board is proposing in these amendments to eliminate outdated incineration standards, eliminate all references to biomedical waste disposal, propose an annual registration fee for all generators, adopt the Department's rules for processing applications by reference and finally to allow properly packaged sharps to be mailed via the U. S. Postal Service to a licensed treatment facility.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES. Municipal services that generate biomedical waste such as emergency responders will be subject to the annual registration fee.
STATUTORY AUTHORITY: Maine Revised Statutes Annotated, Title 38 §§ 341-D(1-B), 1303-C(34)(K) and 1319-O(3).
PUBLIC HEARING: The Board does not plan to hold a public hearing on the proposed amendments. You may request a hearing by submitting your request in writing to the address below on or before April 11, 2008. The request must describe your interest in the amendments and state why you believe a hearing is warranted.
DEADLINE FOR COMMENTS: You are invited to submit written comments on the proposed rule amendments, a copy of which can be obtained from the contact person below. The deadline for written comments is Friday April 11, 2008. Comments may be submitted by mail, e-mail or FAX. To ensure consideration, include your name and the organization you represent, if any.
AGENCY CONTACT PERSON: Scott Austin, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7854
FAX: (207) 287-7826
E-MAIL: scott.austin@maine.gov


ADOPTIONS



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2008
ADOPTED RULE NUMBER: 2008-96
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.
EFFECTIVE DATE: March 9, 2008
AGENCY CONTACT PERSON: Nanette M. Ardry, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9725



AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 613, The Quality Child Care Education Scholarship Program, Amendment 4
ADOPTED RULE NUMBER: 2008-97
CONCISE SUMMARY: Incorporates major changes in the administration of the Program which are expected to reduce the overall administrative burden of the Program for the agency, the participating schools, and students while enabling more prompt delivery of scholarships to students and maximizing use of available funds. The application process for most students and some eligibility criteria will change. Financial need will be determined based on "expected family contribution", not 300% of poverty level. Out of State institutions will no longer be eligible, except that current out of State recipients will be grandfathered. Schools may award scholarships of $500 per eligible course without documenting cost of attendance, although students may not be over-awarded. The Authority will allocate funds to participating institutions annually based on allocation and distribution guidelines to be determined by the Authority from time to time.
EFFECTIVE DATE: March 9, 2008
AGENCY CONTACT PERSON: Katryn A. Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice) ext. 239
TDD: (207) 626-2715



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 801, Apportionment of Income
ADOPTED RULE NUMBER: 2008-98
CONCISE SUMMARY: Rule 801 provides comprehensive definitions and explanations of statutory terms and procedures for the apportionment of net income of corporations, passthrough entities, sole proprietorships and other business types. The proposed amendments include technical, as well as, minor editorial changes that are intended to reflect recent statutory changes to the apportionment of income and clarify definitions and provide explanations of various aspects of the program. Specifically, the proposed amendments clarify requirements for calculating apportionment and the sales factor, provide guidance on determining sourcing of sales other than sales of tangible personal property, and reorganize sections relating to costs of performance, property factor and payroll factor. 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.
CHAPTER NUMBER AND TITLE: Ch. 810, Maine Unitary Business Taxable Income, Combined Reports and Tax Returns
ADOPTED RULE NUMBER: 2008-99
CONCISE SUMMARY: Rule 810 provides comprehensive definitions and explanations of statutory terms and procedures for determining Maine income tax for unitary businesses and for filing combined reports and related tax returns. The proposed amendments include technical changes intended to align the Rule with recent statutory changes to apportionment, as well as, minor editorial changes that are intended to clarify definitions and provide explanations of various aspects of the program. Specifically, the proposed amendments provide minor changes to definitions, clarify the calculation of the apportionment factor, and revise the application date of the Rule. 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.
EFFECTIVE DATE: March 12, 2008
AGENCY CONTACT PERSON: Nanette M. Ardry, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9725