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Home > Weekly Newspaper Notices > June 24, 2009

June 24, 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:  18-389 – Department of Administrative & Financial Services, Bureau of Human Resources
RULE TITLE OR SUBJECT:  Civil Service Rules, Ch. 11 (Holidays, Leaves of Absence and Related Compensation Practices), Section 2 (Leaves of Absence With Pay), Sub-section B (Vacation Leave)
PROPOSED RULE NUMBER: 2009-P138
CONCISE SUMMARY:  Pursuant to 2009 Resolve Chapter 43 (signed May 15, 2009), this rule will allow seasonal employees of the Baxter State Park Authority to choose to be paid for unused vacation and overtime hours at the end of each season.  The rule also clarifies that such an option may not be construed as an interruption in state service if the employee returns to classified or unclassified state service within one year.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  5 MRSA Ch. 372, §7036, sub-§17, ¶B 2009 Resolve, Ch. 43
PUBLIC HEARING:  None.
DEADLINE FOR COMMENTS:  July 24, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMLL BUSINESS IF RELEVANT:  J. Thaddeus Cotnoir, Bureau of Human Resources, 4 State House Station, Augusta, ME  04333-0004
TELEPHONE:  (207) 624-7799; FAX:  (207) 287-4414
E-MAIL:  thaddeus.cotnoir@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: domna.giatas@maine.gov


AGENCY:  10-148 – Department of Health and Human Services, Office of Child and Family Services
RULE TITLE OR SUBJECT:  Child Care Subsidy Rules
PROPOSED RULE NUMBER: 2009-P139
CONCISE SUMMARY:  The Child Care Subsidy Rules are the basis for determining eligibility for a Child Care Subsidy.  This Subsidy will help to pay the cost of child care for eligible parents.  The Rules define the documentation required to determine eligibility, attendance requirements, how the parent fee is computed, and the reporting requirements.  Maine provides child care subsidy through child care vouchers managed by DHHS and through contracts with community agencies that provide child care.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  22 MRSA §3733, 22 MRSA §42
PUBLIC HEARING:  July 14, 2009, 7:00 to 8:30 pm, People Regional Opportunity Program (PROP), 510 Cumberland Avenue, Portland, Maine
July 15, 2009, 7:00 to 8:30 pm, Augusta City Hall, Lecture Hall, Augusta, Maine
July 16, 2009, 7:00 to 8:30 pm, Penquis Community Action Agency, Penobscot Conference Room, 262 Harlow Street, Bangor, Maine
DEADLINE FOR COMMENTS:  July 27, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Barbara Sousa, Office of Child and Family Services, 2 Anthony Avenue, 11 State House Station, Augusta, ME  04333
TELEPHONE:  (207) 624-7909; FAX:  (207) 287-6156
E-MAIL:  barbara.d.sousa@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY:  10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT:  Ch, 101, MaineCare Benefits Manual, Chapter II & III, Section 3, Ambulatory Care Clinic Services
PROPOSED RULE NUMBER: 2009-P140
CONCISE SUMMARY:  The Department intends to transition to a new information system, MIHMS in 2010, with 30 days notice to providers.  Upon implementation of MIHMS, the Department proposes to delete the current local billing codes in Chapter III, Table 1, and replace them with the codes in Chapter III, Table 2 to become compliant with Federal HIPAA regulations.  Further the Department proposes requiring providers to document services provided, including the type of visit, diagnoses and procedures on the CMS 1500 form.
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:  July 16, 2009, 11:00 am, Conference Room #3, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before Friday, July 10, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight July 27, 2009.
AGENCY CONTACT PERSON:  Derrick Grant, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine  04333-0011
TELEPHONE:  (207) 287-9362; FAX:  (207) 287-9369; TTY:  (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL:  derrick.grant@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY:  10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT:  Ch. 101, MaineCare Benefits Manual, Chapters II & III, Section 103, Rural Health Center Services
PROPOSED RULE NUMBER: 2009-P141
CONCISE SUMMARY:  The Department intends to transition to a new information system, MIHMS in 2010, with 30 days notice to providers.  Upon implementation of MIHMS, the Department proposes to delete the current local billing codes in Chapter III, Table 1, and replace them with the codes in Chapter III, Table 2 to become compliant with Federal HIPAA regulations.  Furthermore, the Department proposes requiring providers to bill services, including documenting the type of visit, diagnoses and procedures on the UB04 claim form, which will replace the CMS 1500 form..
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:  July 16, 2009, 9:00 am, Conference Room #4, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before Friday, July 10, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight July 27, 2009.
AGENCY CONTACT PERSON:  Nicole Rooney, Comprehensive Health Planner II, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine  04333-0011
TELEPHONE:  (207) 287-4460; FAX:  (207) 287-9369; TTY:  (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL:  nicole.rooney@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AAGENCY:  10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT:  Ch. 101, MaineCare Benefits Manual, Chapter II, Section 4, Ambulatory Surgical Center Services
PROPOSED RULE NUMBER: 2009-P142
CONCISE SUMMARY:  Ch. 101,The Office of MaineCare Services is proposing changes to the MaineCare Benefits Manual, Chapter II, Section 4, Ambulatory Surgical Center Services.  The Department proposes updating the policy to reflect CMS changes.  The Department proposes several other structural and grammatical changes within this rulemaking.
SEE http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  22 MRSA §42, §3173, §3174-FF (3)(A)
PUBLIC HEARING:  A public hearing will not be held for this rulemaking unless 5 or more individuals request one.
DEADLINE FOR COMMENTS:  Comments must be received by midnight July 24, 2009.
AGENCY CONTACT PERSON:  Derrick Grant, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine  04333-0011
TELEPHONE:  (207) 287-9370; FAX:  (207) 287-9369; TTY:  (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL:  derrick.grant@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY:  10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT:  Ch. 101, MaineCare Benefits Manual, Chapter III, Section 15, Chiropractic Services
PROPOSED RULE NUMBER: 2009-P143
CONCISE SUMMARY:  The Office of MaineCare Services is proposing changes to the MaineCare Benefits Manual, Chapter III, Section 15, Chiropractic Services.  The Department proposes to change the pricing modifier requirement for global services to require  the use of modifiers with the implementation of the new claims system.
SEE http://www.maine.gov/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  22 MRSA §42, §3173, §3174-FF (3)(A)
PUBLIC HEARING:  A public hearing will not be held for this rulemaking unless 5 or more individuals request one.
DEADLINE FOR COMMENTS:  Comments must be received by midnight August 3, 2009.
AGENCY CONTACT PERSON:  Derrick Grant, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine  04333-0011
TELEPHONE:  (207) 287-9370; FAX:  (207) 287-9369; TTY:  (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL:  derrick.grant@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY:  94-457 – Finance Authority of Maine
RULE TITLE OR SUBJECT:  Ch. 616, Doctors for Maine’s Future Scholarship Program
PROPOSED RULE NUMBER: 2009-P144
CONCISE SUMMARY:  The rule implements P.L. 2009, c. 410, “An Act to Encourage Maine Residents to Attend Medical School and Practice in Maine”, which will provide scholarships of up to $25,000 to eligible students at qualifying Maine-based medical school programs and will require such programs to provide additional scholarships with matching funds raised from philanthropic and private sources.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES OR COUNTIES.
STATUTORY AUTHORITY:  20-A MRSA §12107; 10 MRSA §969-A(14)
PUBLIC HEARING:  July 16, 2009 at 10:00 a.m. at Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS:  July 27, 2009.
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine  04332-0949
TELEPHONE:  (207) 623-3263, x3515; FAX:  (207) 623-0095
E-MAIL:  kgabrielson@famemaine.com
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: ebordowitz@famemaine.com 


AGENCY:  94-457 – Finance Authority of Maine
RULE TITLE OR SUBJECT:  Ch. 321, Waste Motor Oil Disposal Site Remediation Program
PROPOSED RULE NUMBER: 2009-P145
CONCISE SUMMARY:  The rule establishes procedures to allocate the proceeds of revenue obligation securities to persons eligible to receive such proceeds in the event that the motor vehicle oil premiums assessed to pay the debt service on the bonds generates insufficient revenues to support issuance of bonds in an amount which will pay all eligible response costs of all eligible persons.  The rule also clarifies the application of certain provisions of Chapter 202 of the Rules of the Finance Authority of Maine (Revenue Obligation Securities Program) to bonds issued for purposes of the Waste Motor Oil Disposal Site Remediation Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES OR COUNTIES.
STATUTORY AUTHORITY:  10 MRSA §969-A(14) and 10 MRSA §1020-A(8)
PUBLIC HEARING:  July 16, 2009 at 10:00 a.m. at the Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS:  July 27, 2009.
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine  04332-0949
TELEPHONE:  (207) 623-3263, x3515; FAX:  (207) 623-0095
E-MAIL:  kgabrielson@famemaine.com
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: ebordowitz@gamemaine.com


AGENCY:  10-144 – Department of Health & Human Services
RULE TITLE OR SUBJECT:  Ch. 283, Rules and regulations relating to testing newborn infants for detection of causes of cognitive disabilities and selected genetic conditions.
PROPOSED RULE NUMBER: 2009-P146
CONCISE SUMMARY:  These rules and regulations define the responsibilities of hospital administration and staff, physicians and other health care providers, midwives and other “principal birthing attendants”, parents and others, with regard to the screening of newborn infants for metabolic disorders and other selected genetic conditions that if left untreated are likely to cause cognitive disabilities, serious illness or death.  These rules address the designation of a contact person in each hospital, timing of newborn blood specimen collection, parental refusal of tests, conditions to be screened, records to be maintained, responsibilities for follow-up tests and reporting when necessary and the storage and use of leftover specimens and identify the fee charged for newborn bloodspot screening.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES OR COUNTIES.
STATUTORY AUTHORITY:  22 MRSA §§ 1532, 1533, and 22-A MRSA §210
PUBLIC HEARING:  No public hearing has been scheduled.
DEADLINE FOR COMMENTS:  July 24, 2009
AGENCY CONTACT PERSON:  Toni Wall, DHHS, CSHN, 11 State House Station, Augusta, ME  04333
TELEPHONE:  (207) 287-5139
E-MAIL:  toni.g.wall@maine.gov  
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thi beau@maine.gov



ADOPTIONS


AGENCY:  10-144 – Department of Health and Human Services, MaineCare Services
CHAPTER NUMBER AND TITLE:  Ch. 101, MaineCare Benefits Manual, Chapters II and III, Section 6, Assisted Living Services
ADOPTED RULE NUMBER:  2009-247
CONCISE SUMMARY:  In this rulemaking, the Department eliminated services provided under MaineCare Benefits Manual, Chapters II and III, Section 6, Assisted Living Services.  The Department has determined that it is necessary to repeal these rules because these services were never approved as MaineCare services by CMS.  Section 6 Assisted Living Services will no longer be provided under MaineCare as of July 1, 2009.
The Members currently receiving Assisted Living services will receive required notification of the discontinuation of these services and will receive an eligibility determination to assess what benefits and services they remain eligible for.  Most will be eligible for MaineCare services under Section 96, Private Duty Nursing and Personal Care Services.
See http://www.maine.gov/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE:  July 1, 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, Office of MaineCare Services
CHAPTER NUMBER AND TITLE:  Ch. 101, MaineCare Benefits Manual, Chapters X, Section 2, Non-Categorical Adults
ADOPTED RULE NUMBER:  2009-248
CONCISE SUMMARY:  The final rule repeals MaineCare Benefits Manual, Chapter X, Section 2, Benefits for Childless Adults, because most of the sub-sections duplicate rules in the MaineCare Eligibility Manual, Section 11000, and promulgates a new Chapter X, Section 2, now called Non-Categorical Adults, listing the covered services for this coverage group.  In July 2008, the Department repealed sections 58, 100, and 111, and incorporated those services into Section 65 services.  The covered services have not changed but the list of covered services has been revised to reflect the changes made in the consolidated MaineCare Benefits Manual, Chapter II, Section 65, Behavioral Health Services rules, adopted as final rules on October 29, 2008.  This rule will not have any adverse impact on the administration of small businesses.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE:  June 30, 2009
AGENCY CONTACT PERSON:  Melanie Miller, Health Planner, Division of Policy and Performance, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE:  (207) 287-4459; FAX:  (207) 287-9369; TTY:  (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL:  melanie.miller@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY:  65-407 – Public Utilities Commission
CHAPTER NUMBER AND TITLE:  Ch. 313, Net Energy Billing Rule to Allow Shared Ownership
ADOPTED RULE NUMBER:  2009-249
CONCISE SUMMARY:  On January 8, 2009, the Commission provisionally adopted rules that amended the net energy billing rule to allow net billing for customers who share in the ownership of an eligible facility with a capacity of 500 kW or less.  Because the implementation of these rules were denominated as “major substantive,” Resolves 2007, ch. 183, sec. 3, they required legislative approval under 5 MRSA §§8071-807.  In compliance with these provisions, the Commission submitted the provisionally adopted rules to the Legislature for approval.  On April 30, 2009, Resolves 2009, Chapter 20 became effective.  The Resolve authorized the final adoption of the rule with modifications.
EFFECTIVE DATE:  July 15, 2009
AGENCY CONTACT PERSON/RULE-MAKING LIAISON  Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE:  (207) 287-3831
E-MAIL:  paula.cyr@maine.gov


AGENCY:  02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE:  Ch. 765, Health Insurance Emergency Planning and Procedures (Emergency Rule)
ADOPTED RULE NUMBER:  2009-250
CONCISE SUMMARY:  This emergency rule establishes standards for health carriers for emergency preparedness and contingency planning requirements with respect to public health emergencies.
EFFECTIVE DATE:  June 16, 2009
AGENCY CONTACT PERSON:  Patricia Galouch, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE:  (207) 624-8437
E-MAIL:  pat.galouch@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: thomas.m.record@maine.gov


AGENCY:  01-026 – Agriculture, Food & Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE:  Ch. 10, Definitions and Terms; Ch. 22, Standards for Outdoor Application of Pesticides by Powered Equipment in Order to Minimize Off-Target Deposition; Ch. 41, Special Restrictions on Pesticide Use
ADOPTED RULE NUMBER:  2009-251 to 2009-253
CONCISE SUMMARY:  The amendment to Chapter 10 updates the definitions of sensitive areas by replacing the existing sensitive area definitions relating to occupied buildings with revised definitions designated as “Sensitive Area Likely to Be Occupied,” which more specifically defines areas where humans are likely to be present.
The amendments to Chapter 22 constitute a significant overhaul of the regulation.  Most of the advisory language has been eliminated from the rule, including the entire section specific to drift management plans.  A completely new Section 3 has been added specific to aerial application of pesticides which includes positive identification of the target site, upgraded site planning requirements, a pre-application checklist and limitations on wind speeds.  In addition, the Standards for Unconsented, Off-Target Drift of Pesticides section has undergone significant change.  The twenty-percent prima facie evidence standard has been changed to a one-percent standard.  The remaining prima facie evidence standards have been replaced with a Standard of Harm section in which off-target residues become violations if they violate a crop tolerance, cause organic produce to be excluded from sale as organic, are detected on people or vehicles using the public rights-of-way or result in documented human illness.
The amendment to Chapter 41 updates Section 5 covering plant-incorporated protectants.  The amendment allows for use of Bt-corn products that do not have a requirement to plant a refuge.
EFFECTIVE DATE:  July 16, 2009
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04330-0028
TELEPHONE: (207) 287-2731
E-MAIL:  henry.jennings@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: ned.r.porter@maine.gov


AGENCY:  29-250 –Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE:  Ch. 170, Permitting Commercial Vehicles at the Canadian Weight Limits to Travel from the Canadian Border at Calais to Baileyville,  Van Buren and Madawaska.
ADOPTED RULE NUMBER:  2009-254
CONCISE SUMMARY:  This rule implements the Canadian Weight Limit program authorized by 29-A Section 2354-C which authorizes the operation of two vehicle configurations at certain Canadian weight limits between the Canadian border at Calais, and the Domtar mill in Baileyville; from the Canadian border at Van Buren to the rail yard in Van Buren; and from the Canadian border at Madawaska to the Fraser Paper facility.
The rule also establishes the required permit fees and safety requirements. 
PL 326 was enacted as an emergency with an effective date of prior to July 1, 2009.
EFFECTIVE DATE:  July 1, 2009
AGENCY CONTACT PERSON: Garry R. Hinkley, Bureau of Motor Vehicles, 29 SHS, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9055
E-MAIL:  garry.hinkley@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: catherine.curtis@maine.gov


AGENCY:  02-385 –Department of Professional and Financial Regulation, Office of Licensing and Registration, Manufactured Housing Board
CHAPTER NUMBER AND TITLE:  Ch. 820, Definitions; Ch. 890, Manufactured Home Installation Standards; Ch. 900, Used Standard – Installation
ADOPTED RULE NUMBER:  2009-255 to 2009-257
CONCISE SUMMARY:  The board adopted Chapter 890, an installation standard for new mobile homes (i.e. HUD Code homes) in order to comply with federal law and rules.  Twenty percent of new installations will be subject to a pre-occupancy inspection by board staff.
Installation standards for new and used mobile homes (i.e., HUD Code and pre-HUD Code homes) formerly appeared in Chapter 900 of the board’s rules.  Chapter 900 was amended to apply to used mobile homes only.
The board also amended Chapter 820 so as to allow state-certified modular homes to be placed in manufactured housing communities.  Modular homes permitted in manufactured housing communities may not be more than one story in height but may have a non-habitable attic space.  At least 50% of the homes in a manufactured housing community must be mobile homes.
EFFECTIVE DATE:  June 22, 2009
AGENCY CONTACT PERSON: Robert V. LeClair, Executive Director, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8678
EMAIL ADDRESS: robert.v.leclair@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: jeffrey.m.frankel@maine.gov


AGENCY:  03-201 Board of Corrections         
CHAPTER NUMBER AND TITLE:  Ch. 2, Change of Use, Downsizing, or Closure of Correctional Facilities
ADOPTED RULE NUMBER:  2009-258
CONCISE SUMMARY:  The Board of Corrections is adopting this rule in accordance with the provisions of 34-A, MRSA Section 1803, Sub-section 2.
The purpose of this rule is to establish the process and standards used by the Board of Corrections to: determine the use of state correctional facilities and county jails; determine if a state correctional facility or county jail should be assigned a new service responsibility; or determine if a state correctional facility or county jail should be downsized or closed.
The reason for this rule being adopted on an emergency basis is as follows.
Members of the Board were appointed and confirmed by the Senate in August of 2008.  The first meeting of the board was in September.  Many responsibilities and deadlines confronted the Board at the outset including the review and approval of 16 county jail budgets and an emergency supplemental budget request to fund the jails in FY09 and a biennial budget request for FY10.  The board established a vision and implementation plan for the unified corrections system which provides the framework for reviewing the use of all state correctional facilities and county jails.  This framework was necessary prior to the development of the rule.  The Board provisionally adopted this rule on June 5, 2009 but this was too late in the legislative session for it to be reviewed by the legislature.
The board is now faced with reassigning services and changing the use of several county jails before July 1, 2009 in order to remain within the FY10 budgeted levels.  The presentation of the Board to the Legislature of its FY10 budget request clearly anticipated the need to reassign services given the fiscal situation facing the General Fund.  In order to meet the needs of the unified corrections system and to conform with available funding limits, the Board must adopt the rule governing the process and standards for major mission changes before July 1, 2009, the beginning of the fiscal year.  This, along with the inability of the legislature to review the provisional rule necessitates its adoption as an emergency rule pending that review.
EFFECTIVE DATE:  June 18, 2009
AGENCY CONTACT PERSON/RULE-MAKING LIAISON:  Esther Riley, Department of Corrections, 111 State House Station, Augusta, ME  04333-0111
TELEPHONE:  (207) 287-4681
E-MAIL: esther.riley@maine.gov