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Home > Weekly Newspaper Notices > June 10, 2009

June 10, 2009

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:  15-214 – Defense, Veterans and Emergency Management
RULE TITLE OR SUBJECT:  Ch. 2, Rules for establishing fees for reporting under the Superfund Amendments and Reauthorization Act of 1986 and Title 37-B MRSA, Ch. 13
PROPOSED RULE NUMBER: 2009-P132
CONCISE SUMMARY:  This will amend a current rule, changing the due date for registration fees paid pursuant to 37-B MRSA Chapter 13 from October 1 to March 1 of the following year.  This will make all the payments and reports filed pursuant to this statute due on the same day.  The State Emergency Response Commission approved this change to reduce the administrative burden on filers.  This amendment also makes several minor administrative changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  37-B MRSA §801 sub-§2
PUBLIC HEARING:  None
DEADLINE FOR COMMENTS:  July 15, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Robert S. Gardner, Maine Emergency Management Agency, 72 State House Station
TELEPHONE:  (800) 452-8735; FAX:  (207) 287-3178
E-MAIL:  robert.s.gardner@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: donald.o.lagace@maine.gov



ADOPTIONS


AGENCY:  02-288 – Department of Professional and Financial Regulation, Office of Licensing and Registration, Board for Licensure of Architects, Landscape Architects and Interior Designers
CHAPTER NUMBER AND TITLE: The board’s previous rules, Ch. 1 and 2 were repealed in their entirety and replaced by the following: Ch.10, Definitions; Ch.11, Advisory Rulings; Ch.12, Licensure of Architects; Ch. 13, Licensure of Landscape Architects; Ch. 14, Certification of Interior Designers; Ch. 15, Application for Licensure; Ch. 16, License Denials and Disciplinary Procedure; Ch. 17, Grounds for Disciplinary Action; Ch. 18, Documentation; Ch. 19, Incorporation by Reference
ADOPTED RULE NUMBER:  2009-219 to 2009-230
CONCISE SUMMARY: The new rules do away with the requirement that the board interview candidates for licensure. For architects and landscape architects, the rules establish new pathways to licensure based on sliding-scale combinations of education and experience. The new rules provide a 30-day time period in which to appeal the board's denial of an initial or renewal license, and expand the grounds on which disciplinary action may be taken against licensees. The new rules expressly permit technical submissions to be made in electronic form. The new rules require architects and landscape architects who integrate technical submissions prepared by others into their own work to retain for at least five years adequate and complete records demonstrating the nature and extent of the licensee's review of and integration of the predecessor work into the licensee's own technical submissions. The new rules also require licensees to include the legend “Maine Licensed Architect”, “Maine Licensed Landscape Architect” or “Maine Certified Interior Designer,” as the case may be, on advertising, promotional materials, correspondence and business cards.
EFFECTIVE DATE: June 3, 2009
AGENCY CONTACT PERSON: Carol Leighton, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8520
E-MAIL: carol.j.leighton@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: jeffrey.m.frankel@maine.gov


AGENCY:  10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE:  Ch. 101, MaineCare Benefits Manual, Chapter III, Section 21, Home and Community Benefits for Members with Mental Retardation or Autistic Disorder
ADOPTED RULE NUMBER:  2009-231
CONCISE SUMMARY:  This rule permanently adopts major substantive rules approved by the Maine State Legislature and currently in effect by emergency rule.  See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE:  June 28, 2009
AGENCY CONTACT PERSON:  Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy and Performance Services, 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE:  (207) 287-9365; FAX: (207) 287-9369; TTY:  (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: ginger.roberts-scott@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY:  10-144 – Department of Health and Human Services, MaineCare Services
CHAPTER NUMBER AND TITLE:  Ch. 101, MaineCare Benefits Manual, Chapter III, Section 97, and Appendices B, D, E, and F, Private Non-Medical Institution Services
ADOPTED RULE NUMBER:  2009-232
CONCISE SUMMARY:  These rules permanently adopt emergency rules already in place that have recently been approved by the Maine State Legislature in LR 1883(03). The rules eliminate bedhold day reimbursement for PNMI services.  Specific changes in these rules include that bedhold day codes are eliminated from Chapter III, including BQL, BRL, MRPL, RHL RHL9, RML RML2, RTSL, and PL.  Some language regarding occupancy rates was also eliminated from Appendices B, D, E, and F.  The Department also replaced some local codes with HIPAA-compliant standard codes that will not be implemented until further notice when the new claims system is operating. Providers will be given prior notice of the change for these billing codes. See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html  for rules and related rulemaking documents.
EFFECTIVE DATE:  July 2, 2009
AGENCY CONTACT PERSON:  Patricia Dushuttle, Manager, Division of Policy and Performance, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE:  (207) 287-9362; FAX:  (207) 287-9369; TTY:  (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL:  patricia.dushuttle@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY: 10-144 – Department of Health and Human Services, Bureau of Health, Health and Environmental Testing Laboratory
CHAPTER NUMBER AND TITLE:  Ch. 270, Rules for Sample Collection and Drug Testing in Suspected Operating Under the Influence Cases
ADOPTED RULE NUMBER: 2009-233
CONCISE SUMMARY:  The Department of Health and Human Services has prescribed these rules and regulations for Law Enforcement Agencies and laboratories involved in testing of persons suspected of operating under the influence of intoxicating liquor or drugs.  The rules are intended to assure that subjects are afforded accurate and reliable testing, and that results of such testing will be in compliance with legal requirements for forensic purposes.
The revision corrects outdated or incorrect information in the existing DHHS Rules for “Sample Collection and Drug Testing in Cases of Suspected Operating Under the Influence of Drugs”.  In addition, the revision brings the rules more in line with the Society of Forensic Toxicologists National Guidelines for human toxicological testing.
EFFECTIVE DATE:  June 9, 2009
AGENCY CONTACT PERSON:  Christopher P. Montagna, Health and Environmental Testing Laboratory, 221 State Street, Augusta, Maine 04333-0012
TELEPHONE: (207) 287-2727
E-MAIL: chris.montagna@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov