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Home > Weekly Newspaper Notices > September 17, 2008

September 17, 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. 332, MaineCare Eligibility Manual, Rev. #243P: Community Spouse Minimum Standard and Shelter Allowance; HIV Waiver Limited Benefits Premiums-2008; Awaiting Placement for Residential Care Rates; Spousal Living Allowance
PROPOSED RULE NUMBER: 2008-P232
CONCISE SUMMARY: For Nursing Facility Residents: The minimum amount of monthly income that can be spent to the community spouse and the excess shelter allowance are increasing. This results in the community spouse having more monthly income to pay for basic expenses for food, housing, heat, etc.
The HIV Limited Benefits premiums are updated annually to comply with the Waiver agreement between DHHS and CMS.
Chart III (h) - Awaiting Placement for Residential Care - is updated with amounts determined by the Office of MaineCare Services.
The maximum Spousal Living Allowance to the spouses of MaineCare-covered residents of Cost reimbursed Boarding Homes, Adult Family Care homes, and Residential Care Facilities is updated annually.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 3173, 3174
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: October 17, 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) 287-5093
E-MAIL: Bethany.Hamm@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 11, Scallops:
11.09, Atlantic Sea Scallop Harvesting Season (New)
11.10(F), Atlantic Sea Scallops, Daily Possession Limit (New)
11.10(G), Atlantic Sea Scallops Harvested Seaward of Maine’s Territorial Waters (New)
11.10 (H), Closed Areas (New – contains proposed sunset 8-31-11)
(Renumbering of entire chapter at time of adoption)
PROPOSED RULE NUMBER: 2008-P233
CONCISE SUMMARY: The proposed amendments would establish a season to start no earlier than December 1 and end no later than March 31, not to exceed 52 days. The proposed recommended days “on” would be Monday, Tuesday, Wednesday and Saturday in the months of December, January and February. The Department is accepting comments on changes to the proposed open days provided they do not exceed 52 days, with no dates prior to December 1 and no later than March 31. The proposed rules would also match the federal daily possession limit of 200 pounds of scallop meats; and create six closed areas coastwide that would sunset after 3 seasons. A provision would also be added to clarify scallops taken by federal scallop permit holders may be landed in Maine. If adopted the numbering format for the entire chapter would be reordered for consistency throughout.
AGENCY CONTACT PERSON: Togue Brawn - (207) 624-6558)
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARINGS:
Ellsworth: October 6, 2008, 6:00 p.m., Ellsworth City Hall (Auditorium), One City Hall Plaza
Scarborough: October 8, 2008, 6:00 p.m., High School Cafeteria, Durant Drive (formerly 11 Municipal Drive), (The High School is located behind the Municipal Building located at 259 Route 1)
Machias: October 9, 2008, 6:00 p.m., UMM, Science Lecture Hall (Room 102), 9 O’Brien Ave.
HEARING FACILITIES: If you require accommodations due to disability, please contact Amanda Beckwith, at (207)287-7578.
DEADLINE FOR WRITTEN COMMENTS: October 20, 2008. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
MAIL WRITTEN COMMENTS TO: DMR, attn.: L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)
WEB SITE: www.maine.gov/dmr/rulemaking
E-MAIL: Laurice.Churchill@Maine.gov



AGENCY: 02-029 - Department of Professional and Financial Regulation, Bureau of Financial Institutions
RULE TITLE OR SUBJECT: Ch. 141, Assessments – Nondepository Trust Companies, Uninsured Banks, and Merchant Banks
PROPOSED RULE NUMBER: 2008-P234
CONCISE SUMMARY: In January 2002, the Bureau of Financial Institutions promulgated Ch. 141 (Regulation 41). That rule set forth the assessment which must be paid by nondepository trust companies, uninsured banks and merchant banks. That rule also defined fiduciary assets under management, custody or care upon which the assessment is based. Public Law 2003, c.322 amended the statute governing assessments paid by nondepository trust companies, uninsured banks, and merchant banks to the Bureau of Financial Institutions and changed the frequency of assessment payment from annually to quarterly. Public Law 2003, c.322 did not change the minimum assessment rate or the type of assets upon which an assessment is based, nor did it provide for a statutory transition for payment of assessments from the annual to quarterly frequency. This regulation was last promulgated in 2004 to provide for the transition from annual to quarterly assessments paid to the Bureau of Financial Institutions by nondepository trust companies, uninsured banks, and merchant banks. The rule’s anticipated effective date is January 1, 2009. It is amended to delete dated assessments that had been, or will be, paid by nondepository trust companies, uninsured banks, and merchant banks until December 31, 2008, and to establish the quarterly assessments paid by nondepository trust companies, uninsured banks, and merchant banks beginning with the assessment for the calendar quarter ending March 31, 2009. It is a routine technical rule as defined in Title 5, chapter 375, subchapter 2-A.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 9-B MRSA §214(2-B) authorizes the Superintendent of the Bureau of Financial Institutions to define by rule fiduciary assets under management, custody or care and to set the rate of assessment.
Title 9-B MRSA §214(2-C) requires an uninsured bank or merchant bank that predominately engages in the business of a nondepository trust company to pay an assessment at the same rate as charged to a nondepository trust company. An uninsured bank or merchant bank that does not predominately engage in the business of a nondepository trust company must pay a quarterly assessment as prescribed in Title 9-B MRSA §214(2).
Title 9-B MRSA §215 authorizes the Superintendent to promulgate rules relating to the supervision of financial institutions or their subsidiaries.
PUBLIC HEARING: No public hearing unless requested by 5 or more interested parties.
DEADLINE FOR COMMENTS: Friday, October 17th, 2008
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Christian D. Van Dyck, Department of Financial and Professional Regulation, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8574
FAX: (207) 624-8590
E-MAIL: Christian.D.VanDyck@Maine.gov



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2008-P235
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is currently undertaking an effort to simplify and consolidate open water and ice fishing regulations proposing regulation changes beginning in 2010 when the Department proposes to combine open water and ice fishing regulations into one book to be produced every 2 years. The remaining changes on the list are a result of public petition or staff recommendation and those regulations, if adopted, would take effect upon adoption. The list of proposed changes may be obtained from the Agency Contact Person. All of the proposals may be discussed at the 2 public hearings listed below. Anyone unable to attend a public hearing is encouraged to submit written comments on any of the proposals to the address below.
Statutory Authority: 12 MRSA §10104
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARINGS:
Gorham: October 7, 2008 @ 6:30 p.m. - Windham/Gorham Rod & Gun Club, 8 Towpath Road
Millinocket: October 8, 2008 @ 6:30 p.m. - Baxter Park Headquarters, 64 Balsam Drive, Millinocket
DEADLINE FOR COMMENTS: October 20, 2008
Agency Contact Person: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, Proposed Policy Rev. #245P: $25 Enrollment Fee
PROPOSED RULE NUMBER: 2008-P236
CONCISE SUMMARY: The Department is assessing an annual enrollment fee of $25 for participation in the MaineCare program for an eligible parent or caretaker relative of a child when the family's income exceeds 150% of the Federal Poverty Level. This rule is not expected to have an adverse impact on small businesses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3174-G, sub-§1-D and 2007 P.L. Ch. 539, Part NNN and 42 USC §1396 (Section 1916 of the Social Security Act)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: October 17, 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) 287-5093
E-MAIL: Bethany.Hamm@Maine.gov


ADOPTIONS



AGENCY: 02-415 - Department of Professional and Financial Regulation, Office of Licensing and Registration, State Board of Examiners of Psychologists
CHAPTER NUMBER AND TITLE: Ch. 1, Definitions; Ch. 2, Advisory Rulings; Ch. 3, Application, Examination and the Licensing Process; Ch. 4, Licensure of Psychologists; Ch. 5, Licensure of Psychological Examiners; Ch. 7, Qualifications of Supervisors; Ch. 8, Continuing Professional Education; Ch. 9 (New), Ethical Standards and Practice Requirements; Ch. 10 (New), Enforcement and Disciplinary Procedures. Ch. 6, Supervision of Unlicensed Personnel, is repealed.
ADOPTED RULE NUMBER: 2008-403 through 412
CONCISE SUMMARY: The board repealed and replaced its prior rules in their entirety with the chapters identified above. Among other changes, the new rules authorize licensure of psychologists on the basis of the CPQ and NR Credential, substantially revise the continuing education requirement, update the codes of ethics to be observed by licensees, and include additional grounds for discipline.
EFFECTIVE DATE: September 13, 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
E-MAIL: Geraldine.L.Betts@Maine.gov



AGENCY: 02-030 - Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection
CHAPTER NUMBER AND TITLE: Ch. 270, Adjustment of Volume Fees
ADOPTED RULE NUMBER: 2008-413
CONCISE SUMMARY: This rule repeals and replaces the version of Chapter 270 effective September 5, 2004. It adjusts the volume fee assessed to non-bank supervised lenders making loans secured by an interest in land, by repealing the fee established by the previous version of Rule 270 and then utilizing the formula set forth in § 6-203(3-B) to set the appropriately adjusted fee. The rule adjusts the fee from $10 to $100,000 to $20 per $100,000, so that the Bureau will have available adequate resources for administering its regulatory responsibilities.
EFFECTIVE DATE: September 14, 2008
AGENCY CONTACT PERSON: Julie Haefele, Bureau of Consumer Credit Protection, 122 Northern Avenue, Gardiner, ME 04345
TELEPHONE: (207) 624-8527
E-MAIL: Julie.F.Haefele@Maine.gov



AGENCY: 04-056 – Department of Conservation, Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 2, Rules and Regulations for Lunch and Campsites in the Penobscot Corridor, Lobster Lake and Chesuncook Lake
ADOPTED RULE NUMBER: 2008-414
CONCISE SUMMARY: The rule amendment increases the non-resident camping fee from $5 to $8 per day to comply with the approved Department budget.
EFFECTIVE DATE: September 22, 2008
AGENCY CONTACT PERSON: Tom Morrison, Department of Conservation, Bureau of Parks and Lands, 22 State House Station, Augusta, ME 04333-0022
TELEPHONE: (207) 287-4717
E-MAIL: Tom.Morrison@Maine.gov



AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 8, Rules For Ignition Interlock Devices
ADOPTED RULE NUMBER: 2008-415
CONCISE SUMMARY: This emergency rule establishes testing, certification and installation requirements for ignition interlock devices and set out the conditions for early restoration of driver’s licenses for persons convicted of a second or third OUI offense.
EFFECTIVE DATE: September 28, 2008
AGENCY CONTACT PERSON: Robert E. O’Connell, Director, Driver License Services, Secretary of State, Bureau of Motor Vehicles 101 Hospital Street, 29 Statehouse Station, Augusta, Maine 04333-0029
TELEPHONE: (207) 624-9092
E-MAIL: Robert.O’Connell@Maine.gov



AGENCY: 10-144 – DHHS, Maine Well Drillers Commission
CHAPTER NUMBER AND TITLE: Ch. 232, Well Drillers and Pump Installers Rules
ADOPTED RULE NUMBER: 2008-416
CONCISE SUMMARY: Adoption includes minor changes to the definitions of certain materials used in well construction and the construction standards sections of the rules that refer to these materials. These changes were made as clarifications to help licensed drillers better understand the appropriate use of each. Also included were a new requirement establishing a late fee for license renewal applications submitted more than one month past the due date; and several corrections of typographical errors. In addition, a new section clarifying the construction requirements for wells proposed very close to septic system disposal fields was added. The changes made to the definitions and construction standards sections were drafted to give drillers a better understanding of construction requirements that had been Commission policy for several years, and are based on accepted industry practices as defined by the National Ground Water Association (NGWA). These changes are not anticipated to have any negative impact on small businesses. Well drilling companies should see no changes in their day to day operations or increased financial burdens.
EFFECTIVE DATE: September 30, 2008
AGENCY CONTACT PERSON: David Braley, Maine Well Drillers and Pump Installers Commission, Department of Health and Human Services, 11 State House Station (286 Water Street – Key Plaza 3rd Floor), Augusta, ME 04333
TELEPHONE: (207) 287-3194
E-MAIL: David.Braley@Maine.gov