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Home > Weekly Newspaper Notices > December 10, 2008

December 10, 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. #246P: SSI COLA Increase 2009.
PROPOSED RULE NUMBER: 2008-P345
CONCISE SUMMARY: The SSI COLA increase of 5.8% is reflected in the MaineCare income limits for coverage in the following MaineCare categories: Home Based Waivers, Katie Beckett, Categorical Nursing Care, Adult Family Care Homes and the income limit for the State Supplement.
The amount of protected assets for a community spouse of a nursing home applicant increases to $109,560.
The maximum monthly income to a community spouse of a nursing home resident increases to $2,739.
These changes will not have any adverse impact on small businesses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 42 USC §1396a(a)(10)(A), §1396a (r)(2); §1396r-5(g); 20 C.F.R. §§ 416.2095, 416.2096; and 22 MRSA §§ 42, 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: January 9, 2009
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
TTY: (800)-606-0215 (Deaf/Hard of Hearing)
E-MAIL: Bethany.Hamm@Maine.gov



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 14, Commercial Whitewater Rafting
PROPOSED RULE NUMBER: 2008-P346
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule for commercial whitewater rafting establishing the order of launch for 2009, and removing the specific Sundays on the West Branch of the Penobscot that are allocated days; instead the rule will authorize the Department to allocate additional days if recreational use limits will be reached (they have not been reached in recent years).
A copy of the proposal may be obtained from the Agency Contact Person.
STATUTORY AUTHORITY: 12 MRSA §§ 12909, 12910, 12913
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: January 10, 2009
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 043330-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #1-09
PROPOSED RULE NUMBER: 2008-P347
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.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: December 19, 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: December 19, 2008
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521
E-MAIL: Tim.Drake@Maine.gov


ADOPTIONS



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Certification Manual, Rev. #161A: Standard Utility Allowance Increases
ADOPTED RULE NUMBER: 2008-566
CONCISE SUMMARY: This rule will increase the full standard utility allowance as well as the non-heat utility allowance when determining the benefit amount for eligible households. The increased allowances are the result of increased costs for 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 $546 a month to $700 a month. The non-heating standard allowance will increase from $172 a month to $180 a month. The Final Rule will not yield any fiscal impact on small businesses or create any new compliance burdens for municipalities and counties.
EFFECTIVE DATE: September 1, 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 ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (800) 606-0215
E-MAIL: Bob.Thibodeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Certification Manual, Rev. #162A: Increase in Income Limits, Maximum/Minimum Allotments, Standard Deductions, and Excess Shelter Deduction
ADOPTED RULE NUMBER: 2008-567
CONCISE SUMMARY: The Department has adopted this Food Stamp Rule to adjust income limits, maximum and minimum monthly allotments, and certain deductions that are used when calculating eligibility. The federal government requires Maine to begin using these new standards by October 1, or face sanctions that could threaten the ability of low income Maine residents from accessing federal food assistance benefits to which they are entitled. The Final Rule will not yield any fiscal impact on small businesses or create any new compliance burdens for municipalities and counties.
This policy reflects the annual increases in income limits, maximum and minimum monthly benefits, the standard deduction for all household sizes, and the excess shelter deduction.
EFFECTIVE DATE: October 1, 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 ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (800) 606-0215
E-MAIL: Bob.Thibodeau@Maine.gov



AGENCY: 02-373 - Department of Professional and Financial Regulation, Board of Licensure in Medicine
CHAPTER NUMBER AND TITLE: Ch. 1, Rules and Regulations for Physician Licensing
ADOPTED RULE NUMBER: 2008-568
CONCISE SUMMARY: Chapter 1 rules clarify the statute for licensure and describe the requirements established by the Board of Licensure in Medicine for licensing and renewing the licenses of medical doctors. The proposed changes noted in chapter 1 define a license limited to practice of administrative medicine as well as define the qualifications for that license. In addition, chapter 1 updates the rules to conform to statutory changes, differentiates between limited license to practice administrative medicine and clinical medicine, and makes minor clarifications and/or editorial changes.
EFFECTIVE DATE: December 1, 2008
AGENCY CONTACT PERSON: Jean M. Greenwood, Administrative Assistant, Board of Licensure in Medicine, 137 State House Station, Augusta ME 04333-0137
TELEPHONE: (207) 287-3603
E-MAIL: Jean.M.Greenwood@Maine.gov



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance & Regulations
CHAPTER NUMBER AND TITLE: Ch. 136, Official State of Maine Grades and Standards for Milk and Milk Products for use with the State of Maine Quality Trademark
ADOPTED RULE NUMBER: 2008-569
CONCISE SUMMARY: The proposed rule would add to Ch. 136 a definition – “Fresh Milk” means milk offered for sale to the public that complies with 21 CFR 101.95, except that Ultra Pasteurized or Ultra High Temperature pasteurized milk may not be considered “fresh”. Also added to this chapter will be a licensing requirement as follows: An applicant must provide the Department with an affidavit attesting to the fact that all milk offered for sale to the public in containers bearing the “State of Maine Trademark” consists entirely of “fresh milk”.
EFFECTIVE DATE: December 8, 2008
AGENCY CONTACT PERSON: Hal Prince, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333
TELEPHONE:(207) 287-3841
E-MAIL: Hal.Prince@Maine.gov



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
TYPE OF RULE: EMERGENCY
CHAPTER NUMBER AND TITLE: Ch. 4.01, Upland Game and Furbearing Animals: (K), Location and Preparation of Traps
ADOPTED RULE NUMBER: 2008-570
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule more clearly defining the circumstances in which killer-type traps may be set in WMD's 1-11 in order to help limit the potential for the federally threatened lynx to be caught incidentally in traps set for other furbearers. This emergency rule has been adopted in order to comply with a Decision issued by the U.S. District Court for the District of Maine on November 26, 2008, partially resolving a lawsuit alleging that the State's licensure of trappers violated the federal Endangered Species Act.
EFFECTIVE DATE: December 4, 2008
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station - 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov