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Home > Weekly Newspaper Notices > April 30, 2008

April 30, 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 MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 97, Private Non-Medical Institutions
PROPOSED RULE NUMBER: 2008-P80
CONCISE SUMMARY: On April 23, 2008, the Department proposed a rule to limit reimbursement of bedhold days for all PNMI providers to thirty (30) days per member per calendar year.
Please note that the Department is withdrawing this proposed rule.
PUBLIC HEARING: The hearing for May 13, 2008 has been cancelled.
AGENCY CONTACT PERSON: Patricia Dushuttle, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 29, Dealer Margins
PROPOSED RULE NUMBER: 2008-P70
CONCISE SUMMARY: The principal reason for this rule-making is to up-date dealer margins.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §2954
PUBLIC HEARING: May 23, 2008, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: June 3, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
RULE TITLE OR SUBJECT: Ch. 33, Rules for Family Child Care Providers (major substantive)
PROPOSED RULE NUMBER: 2008-P84
CONCISE SUMMARY: Pursuant to Public Law 07, Ch. 324, and Public Law 05, Ch. 12, 530 and 640, the Family Child Care Providers rules are amended as follows:
[A] Adds ‘operating without a certificate’ provisions, see Section 5.1.
[B] Adds a limitation on reapplication after denial or revocation of a certificate, Sec. 5.4.
[C] The application fee for a provisional or temporary certificate is $80.00, Sec.2.7.1.1.
[D] The term of a full [renewal] certificate in increased to 2 years. The Department will stagger the transition from a 1 year certificate to a 2 year certificate, Sec. 3.1.4.
[E] A $160 renewal fee will be assessed biennially for a full or a conditional certificate, Sec. 2.7.1.2.
[F] At least one unannounced inspection will take place between 6 and 18 months after the issuance of a full certificate, Sec. 4.5.
[G] To clearly identify these rules as ‘certification’ rules, the word certification is added to the name of the rules - “Rules for the Certification of Family Child Care Providers,” and
[H] The 2007 second amended emergency swimming pool rules are included, Section 11.5.
The following technical/formatting changes are also included:
Renumbered Ch. 33. This facilitates identification of each provision for ease of reference and future amendment of rules. The division is in the process of aligning the numbering system of all certification and licensing rules. Updated names of state agencies. Moved content of Sections XIX, XX, XXI into Section 5.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
Economic impact on small businesses. [Applies to businesses with 20 or fewer employees.] The fee increase will have an impact on the 1,639 certified Family Child Care Programs in Maine. This is the 1st fee increase since 1998 and there is no less costly reasonable alternative to achieve the purpose of Public Law 2005, Ch. 12, Part KK.
STATUTORY AUTHORITY: 22 MRSA §§22, and 7802 [2][B][6] (certificate issued for a 2-year term). 22 MRSA Ch. 1673. Statutory provisions in Public Law 07, Ch. 324, and Public Law 05, Ch. 12, 530 and 640.
PUBLIC HEARING: May 19, 2008 at 6:00 p.m., Conference Room, Division of Licensing and Regulatory Services, 41 Anthony Avenue, Augusta, Maine
DEADLINE FOR COMMENTS: May 29, 2008 at 5 p.m.
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Regulatory Services, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9254
TTY: (800) 606-0215
FAX: (207) 287-9252
E-MAIL: Peter.mauro@maine.gov



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 50, Principles of Reimbursement for ICFs-MR
PROPOSED RULE NUMBER: 2008-P85
CONCISE SUMMARY: In order to comply with the federal regulations, the Department proposes a rule change to lower the Health Care Provider Tax from 6% to 5.5% of its annual gross patient services revenue for the fiscal year. ICFsMR subject to the Health Care Provider Tax defined in State law 36 MRSA, Ch. 373, will have the tax treated as an allowable fixed cost. The proposed rule does not impose an economic burden on small business, municipalities or counties.
See http://www.maine.gov/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42(l) and §3173
PUBLIC HEARING: No hearing is being scheduled for this rulemaking.
DEADLINE FOR COMMENTS: Comments must be received by midnight May 30, 2008.
AGENCY CONTACT PERSON: Patricia Dushuttle, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 043330011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #06-08
PROPOSED RULE NUMBER: 2008-P86
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: May 23, 2008, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: May 23, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 585, A Life Insurance Third-Party Notice of Cancellation; Rights of Reinstatement for Individuals Afflicted with Organic Brain Disease
PROPOSED RULE NUMBER: 2008-P87
CONCISE SUMMARY: On October 17, 2007 the Superintendent of Insurance issued a Notice of Rulemaking concerning promulgation of Maine Insurance Rule Ch. 585 and on November 20, 2007 held a public hearing on the proposed Rule. Members of the public submitted written comments after the hearing. The Superintendent has determined that it is necessary to revise proposed Rule Ch. 585 in order to address concerns raised by the Office of the Attorney General. The revision is substantially different from the Rule that the Superintendent originally proposed, and it is therefore necessary conduct a new hearing. Interested members of the public are invited to attend the hearing and comment regarding the revised rule.
This rule is required by Public Law 2007, Ch. 40. The purpose of the Rule is twofold. First, the Rule's third-party notice provisions allow a policyholder to establish in advance a line of communication that will increase the likelihood that adequate notice is given if an insurer intends to terminate coverage for nonpayment of premiums. Second, the Rule establishes conditions and procedures to reduce the danger that persons suffering from organic brain disease will lose life insurance coverage because of their disease.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: This rule is proposed in accordance with 24-A MRSA §§ 212 and 2556.
PUBLIC HEARING: A public hearing will be held on Tuesday, May 20, 2008 at 2:00 p.m. in the Central Conference Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: Friday, May 30, 2008.
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 02-029 - Bureau of Financial Institutions, and 02-030 - Bureau of Consumer Credit Protection
RULE TITLE OR SUBJECT: Student Loans (029 Ch. 145, and 030 Ch. 600)
PROPOSED RULE NUMBER: 2008-P88 and P89
CONCISE SUMMARY: This proposed rule, promulgated jointly by the Bureau of Financial Institutions and the Bureau of Consumer Credit Protection, is intended to allow financial institutions and other supervised lenders to provide student loans to student borrowers that provide for a schedule of payments of principal and/or interest pursuant to which payments are not substantially equal to all other payments or pursuant to which the intervals between consecutive payments may differ substantially. This proposed rule also allows financial institutions and other supervised lenders to provide student loans to student borrowers that provide for the deferral of the first periodic payment subsequent to any down payment and the accrual of interest and costs during the deferral period. This proposed rule pertains to student loans provided by financial institutions and other supervised lenders to student borrowers only.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:
1. Pursuant to Title 9-A MRSA §8-104(4), the Administrator may exempt, by rule, from all or part of Title 9-A any class of transactions, other than transactions involving a mortgage described in section 8-103, subsection 1A, paragraph P, for which, in the determination of the Administrator, coverage under all or part of Title 9-A does not provide a meaningful benefit to consumers in the form of useful information or protection. In determining which classes of transactions to exempt in whole or in part under this subsection, the Administrator shall consider the following factors:
A. The amount of the loans and whether the disclosures, right of rescission and other provisions provide a benefit to the consumers who are parties to such transactions, as determined by the Administrator;
B. The extent to which the requirements of Title 9-A MRSA complicate, hinder or make more expensive the credit process for the class of transactions;
C. The status of the borrowers, including:
1) Any related financial arrangements of the borrowers, as determined by the Administrator;
2) The financial sophistication of the borrowers relative to the type of transaction; and
3) The importance to the borrowers of the credit, related supporting property and coverage under Title 9-A MRSA, as determined by the Administrator;
D. Whether a loan is secured by the principal residence of the consumer; and
E. Whether the goal of consumer protection would be undermined by such an exemption.
2. Title 9-A MRSA §6-104(1) paragraph E permits the Administrator to adopt, amend, and repeal rules to carry out the specific provisions of Title 9A MRSA
3. Title 9-A MRSA §§ 6-103 and 1-301(2) state that, except in cases in which a supervised financial organization is the creditor, the Administrator is the Superintendent of the Bureau of Consumer Credit Protection. In cases in which a supervised financial organization is the creditor, the Administrator is the Superintendent of the Bureau of Financial Institutions.
4. Title 9-B MRSA §215 permits the Superintendent of the Bureau of Financial Institutions to implement rules relating to the supervision of financial institutions or their subsidiaries, or financial institution holding companies or their subsidiaries.
5. The Agencies’ Statement of Impact on Small Business may be found at www.maine.gov/financialinstitutions/notices/studentloanimpact.htm.
PUBLIC HEARING: There will be no public hearing, unless requested by 5 or more interested persons.
DEADLINE FOR COMMENTS: June 2nd, 2008
AGENCY CONTACT PERSON: Christian Van Dyck, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8574


ADOPTIONS



AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Unified Special Education Regulation (major substantive)
ADOPTED RULE NUMBER: 2008-173
CONCISE SUMMARY: The proposed amendment would make consistent the 60 calendar days provision , the transition at age 14, the stay put, and the statute of limitations at four years in appropriate sections. There has been clarification on the observation in the learning environment/classroom setting, highly qualified personnel in the middle and high schools, comparable facilities language with regard to least restrictive environment, and the method for determination of adverse effect.
EFFECTIVE DATE: May 16, 2008
AGENCY CONTACT PERSON: Joanne C. Holmes, Department of Education, State House Station #23, Augusta, Maine
TELEPHONE: (207) 624-6669



AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 4, Rules Governing Occupational Safety and Health Grants and Loans
ADOPTED RULE NUMBER: 2008-174
CONCISE SUMMARY: The purpose of this chapter is to ensure consistent administration of the procedures to be followed by the Bureau of Labor Standards and the Commission on Safety and Health in the Maine Workplace. 123rd Legislature, Public Law Ch. 395 repeals inactive Boards and Commissions, which includes sections of the Occupational Safety Loan Fund.
EFFECTIVE DATE: April 27, 2008
AGENCY CONTACT PERSON: William A. Peabody, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333
TELEPHONE: (207) 623-7931



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #05-08
ADOPTED RULE NUMBER: 2008-175
CONCISE SUMMARY: Minimum May 2008 Class I price is $19.87/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.85/cwt. as being prevailing in Southern New England and $1.16/cwt. handling fee for a total of $24.43/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: May 4, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7521