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Home > Weekly Newspaper Notices > August 26, 2009

August 26, 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. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS


AGENCY: 29-255 - Maine State Archives
RULE TITLE OR SUBJECT: Ch. 10, Rules for Disposition of Local Government Records
PROPOSED RULE NUMBER: 2009-P219
CONCISE SUMMARY: Adds a definition for the term “non-record”; clarifies the compliance responsibilities of quasi-municipal organizations; clarifies approved media formats for record storage; adjusts retention periods for certain records, and adds records not previously listed. Corrects the confidentiality reference for Concealed Weapons Permits, and changes the descriptive language to remedy a conflict with statute.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA, Chapter 6, §95-B; 30-A MRSA §1705
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: September 25, 2009
AGENCY CONTACT PERSON: Nina M. Osier, Maine State Archives, 84 State House Station, Augusta, ME 04333-0084
TELEPHONE: (207) 287-5799
E-MAIL: Nina.Osier@Maine.gov



AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Ch. 38, Proposed Statement for Administering the 2010 Maine Community Development Block Grant Program
PROPOSED RULE NUMBER: 2009-P220
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §13058, Subsection 3
PUBLIC HEARING: September 15, 2009, 9:30 a.m., Burton Cross Building, Third Floor - West Conference Room, 111 Sewall Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: September 25, 2009 - 4:00 p.m.
AGENCY CONTACT PERSON: Deborah Johnson, OCD, Department of Economic and Community Development, Office of Community Development, 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9817
E-MAIL: Deborah.Johnson@Maine.gov

AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 36, Maine Farms for the Future Program
PROPOSED RULE NUMBER: 2009-P221
CONCISE SUMMARY: This chapter amends the rules governing administration of the Maine Farms For The Future program. The amendment clarifies the eligibility requirements, criteria and use of funds for the business plan development and investment support programs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA Chapter 10-B
PUBLIC HEARING: Monday, September 14, 2009, 9 a.m., Maine Department of Agriculture, 319 Deering Building, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m., Thursday, September 24, 2009
AGENCY CONTACT PERSON: Jane Aiudi, Director, Division of Market and Production Development, Department of Agriculture, Food and Rural Resources, 28 State House Station, AMHI Annex, Augusta, ME 04333-0028
TELEPHONE: (207) 287-9072
FAX: (207) 287-5576
E-MAIL: Jane.Aiudi@Maine.gov

AGENCY: 18-364 - Maine State Liquor & Lottery Commission
RULE TITLE OR SUBJECT: Ch. 3, Hot Lotto Rules
PROPOSED RULE NUMBER: 2009-P222
CONCISE SUMMARY: This rule establishes the procedures for the operation of the multi-jurisdictional lottery game Hot Lotto in Maine, including any marketing and promotions with other jurisdictions. The rule is promulgated pursuant to 8 MRSA §374 and PL 2003, Part MM, as codified at 8 MRSA §372, sub. - §2 para. I. The effective date of this rule is October 11, 2009. Copies of the rule are available by contacting the Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA §374
PUBLIC HEARING: No Public Hearing
DEADLINE FOR COMMENTS: September 25, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Dan A. Gwadosky, Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008
TELEPHONE: (207) 287-6756
FAX: (207) 287-6769
E-MAIL: Dan.Gwadoskv@Maine.gov


ADOPTIONS



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual Revision
ADOPTED RULE NUMBER: 2009-438
CONCISE SUMMARY: This rule adopts the repeal and replace of the MaineCare Eligibility Manual to make it more user-friendly. Policy for the most part is identical to the current manual, but organized differently. Most policy changes that have been made are those necessary to comply with Social Security Administration regulations.
This change implements the requirement to provide a Social Security number to receive benefits under the Cub Care program, and exempts certain individuals from the citizenship documentation requirement who receive SSI, Social Security Benefits based on disability, individuals who have Medicare, pregnant women while covered under Presumptive Eligibility, and newborns born to a mother receiving Medicaid. Reasonable opportunity to provide citizenship and identity has been defined. This change also adds additional non-citizen groups eligible for full MaineCare benefits, increases the earnings limit for SGA to be consistent with SSI, updates the Spousal Living Allowance for SSI recipients, excludes SSI or Social Security retroactive payments from asset and income consideration for up to nine months for some groups, to be consistent with SSI. Also, this change adds an age limit to the criteria for a pooled trust exemption to comply with Federal Law and CMS guidance, and to be consistent with SSI, totally excludes one vehicle which is used to provide transportation, increases the income limits for children eligible for SSI-Related coverage, and excludes income identified as combat pay for certain groups.
In addition, Chart 6 was added to identify the income limits based on the current Federal Poverty levels.
CHAPTER NUMBER AND TITLE: Ch. 333, Low Cost Drugs for Elderly and Disabled (DEL)
ADOPTED RULE NUMBER: 2009-439
CONCISE SUMMARY: This rule repeals and replaces this Chapter to make it more user-friendly and to incorporate some of its provisions with other eligibility determinations made by the Office of Integrated Access and Support. Policy for the most part is identical to the current rule, but organized differently.
CHAPTER NUMBER AND TITLE: Ch. 334 , Maine Rx
ADOPTED RULE NUMBER: 2009-440
CONCISE SUMMARY: This rule repeals and replaces this Chapter to make it more user-friendly and to incorporate some of its provisions with other eligibility determinations made by the Office of Integrated Access and Support. Policy for the most part is identical to the current rule, but organized differently.
EFFECTIVE DATE: September 1, 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, 442 Civic Center Drive, Augusta ME 04333-0011
TELEPHONE: (207) 287-4076
TTY: (800) 606-0215
E-MAIL: Bethany.Hamm@Maine.gov



AGENCY: 15-214 – Department of Defense, Veterans and Emergency Management, MEMA
CHAPTER NUMBER AND TITLE: Ch. 2, Rules for Establishing Fees for Reporting under the Superfund Amendments and Reauthorization Act of 1986 and Title 37-B MRSA Chapter 13
ADOPTED RULE NUMBER: 2009-441
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.
EFFECTIVE DATE: August 22, 2009
AGENCY CONTACT PERSON: Robert S. Gardner, Maine Emergency Management Agency, 72 State House Station, Augusta, Maine 04333-0072
TELEPHONE: (800) 452-8735 / 624-4400
E-MAIL: Robert.S.Gardner@Maine.gov

AGENCY: 90-351 - Workers’ Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 3(5), Payment of Benefits: Electronic Filing of Proof of Coverage
ADOPTED RULE NUMBER: 2009-442
CONCISE SUMMARY: This rule requires electronic filing by insurance companies of notice of new, renewal, or endorsement of any workers’ compensation policy.
EFFECTIVE DATE: August 22, 2009
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7086
E-MAIL: John.Rohde@Maine.gov