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Home > Weekly Newspaper Notices > September 9, 2009

September 9, 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.


NOTICE


COMPREHENSIVE LAND USE PLAN REVISION FOR THE AREAS WITHIN THE JURISDICTION
OF THE MAINE LAND USE REGULATION COMMISSION (04-061)

PURPOSE: The Maine Land Use Regulation Commission is seeking public comment on the draft Comprehensive Land Use Plan (dated September 2, 2009) for the areas within the jurisdiction of the Maine Land Use Regulation Commission. The hearings will allow the general public the opportunity to present testimony on the draft Comprehensive Land Use Plan.
TIME AND PLACE: The hearings will be held on:
* Monday, September 28, 2009 in Augusta, Maine at the Senator Inn (284 Western Avenue). The hearing will be held from 1:00 p.m. - 4:30 p.m. and from 6:00 p.m. – 10:00 p.m.
* Tuesday, September 29, 2009 in Bangor, Maine at the Ramada Inn (357 Odlin Road). The hearing will be held from 1:00 p.m. – 4:30 p.m. and from 6:00 p.m. – 10:00 p.m.
* Wednesday, September 30, 2009 in Presque Isle, Maine at the Presque Isle Inn and Convention Center (116 Main Street). The hearing will be held from 1:00 p.m. – 4:30 p.m. and from 6:00 p.m. - 10:00 p.m.
HOW TO PARTICIPATE: All interested persons are invited to attend and offer testimony that is relevant to establishing the Plan. Submission of written statements before the hearing is not required. You may simply attend the hearing and give oral testimony.
THE RECORD: The record will open on Wednesday, September 9th and will remain open until Wednesday, October 21, 2009, to allow interested persons to file written statements with the Commission, and for an additional 7 days until Wednesday, October 28, 2009, to allow interested persons to file written statements in rebuttal of testimony offered at the hearings and statements filed during the previous 43 day period.
Written comments may be submitted at the hearings or may be sent to Maine Land Use Regulation Commission, 22 State House Station, Augusta, Maine, 04333-0022. Comments may also be submitted by e-mail to LURC@maine.gov. When submitting comments by email, please indicate ‘CLUP’ in the subject line.
DISABILITIES: Persons with disabilities planning to attend the hearings are requested to inform the Commission in advance so that arrangements can be made for any necessary accommodations.
FOR ADDITIONAL INFORMATION: A full copy of the proposed Comprehensive Land Use Plan may be viewed at any one of the Commission’s regional offices in Ashland (207-435-7963), Bangor (207-941-4052), East Millinocket (207-746-2244), Greenville (207-695-2466), Rangeley (207-864-5064), or at the Commission’s main office in Augusta (207-287-2631). To view the proposed Comprehensive Land Use Plan, please call the respective office in advance. A copy of the proposed Comprehensive Land Use Plan may also be viewed on the agency’s web site at http://www.maine.gov/doc/lurc/reference/cluprev/PublicHearings/september_public_hearings.html. Persons having questions may contact Sarah Giffen at (207) 287-4936 or Samantha Horn-Olsen at (207) 287-4932.
LEGAL AUTHORITY: The hearing will be held under authority of 12 M.R.S.A., Chapter 206 A and will be conducted in accordance with the Commission's Rules for the Conduct of Public Hearings.


PROPOSALS



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 25, Dental Services
PROPOSED RULE NUMBER: 2009-P231
CONCISE SUMMARY: The Department of Health and Human Services is proposing changes to the MaineCare Benefits Manual, Chapters II and III, Section 25, Dental Services. The Department proposes amending the language in sub-section 25.03-2 (G) for Tobacco Cessation Counseling to be consistent with the language in Chapter III, Section 90, Physician’s Services. The Department is also proposing the addition of language to sub-section 25.04-1 For Adult Dental Care Requirements. The language will clarify criteria for imminent tooth loss, pursuant to 22 M.R.S.A (3174-F. Furthermore, the Department is proposing the removal of Appendix III-Supplemental Payment to General Dentists. Instead the Department is increasing the reimbursement for selected dental codes in Chapter III of this Policy.
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, §3174-F
PUBLIC HEARING: September 28, 2009, 1 p.m., Conference Room # 1A/1B, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME 04333. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before September 25, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight October 8, 2009.
AGENCY CONTACT PERSON: Nicole Rooney, Comprehensive Health Planner, 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: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Nicole.Rooney@Maine.gov


AGENCY: 10-144 - Maine Department of Health & Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health
RULE TITLE OR SUBJECT: Ch. 263, Maine Comprehensive and Limited Environmental Laboratory Certification Rules (10-144 CMR 263)
PROPOSED RULE NUMBER: 2009-P232
CONCISE SUMMARY: These rules certify laboratories by use of standards for certificate approval, analytical methods and quality assurance methods. Reliable technical and scientific analyses are essential for making sound decisions necessary for the protection of public health. With this in mind, the Maine environmental laboratory certification program has developed procedures and requirements for ensuring that laboratories are producing accurate and precise analytical results. Certification requires the laboratory’s quality systems, staff, facilities, equipment, test methods, records and reports to be evaluated using objective and measurable criteria.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. STATUTORY AUTHORITY: 22 MRSA §567
PUBLIC MEETING/HEARING: October 1, 2009 9:00 a.m., Holiday Inn / Ground Round, 110 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: October 13, 2009
AGENCY CONTACT PERSON: Tera Pare, J.D., Rulemaking Coordinator, Maine Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5680
TTY: (207) 287-5550
E-MAIL: Tera.Pare@Maine.gov


AGENCY: 01-026 – Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Ch. 28, Notification Provisions for Outdoor Pesticide Applications
PROPOSED RULE NUMBER: 2009-P233
CONCISE SUMMARY: The 124th Maine State Legislature enacted PL 2009, Chapter 378, LD 1293, An Act To Require Citizen Notification of Pesticide Applications. The Board is proposing to amend Chapter 28 to implement the requirements of LD 1293. Specifically, the rule will: 1) clarify that mandatory disclosure must be provided to occupants of buildings on abutting properties and within 1320 feet of the application site, 2) provide an alternate notification system for applications that can not reasonably be foreseen 90 days in advance, 3) exempt from mandatory notification aerial applications that are subject to Chapter 51 of the Board’s rules, 4) allow land managers to propose an alternative notification plan to the Board, and 5) establish deadlines and information requirements for registry of individuals wishing to be notified.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8051 et seq., 7 MRSA §§ 601-625 and 22 MRSA §§ 1471-A-X
PUBLIC HEARING: Friday, October 2, 2009, at 9:30 a.m., at the Hampton Inn, 425 Kennedy Memorial Drive, Waterville, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on Friday, October 16, 2009
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731
FAX: (207) 624-5035
E-Mail: Henry.Jennings@Maine.gov
URL: http://www.maine.gov/agriculture/pesticides/laws/rulemaking.htm


ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: EMERGENCY RULE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 13, Allowances for Targeted Case Management Services
ADOPTED RULE NUMBER: 2009-446
CONCISE SUMMARY: The Department has determined that the immediate adoption of these rules is necessary to comply with legislative requirements for budgeted savings in accordance with P.L. 2009, ch. 213, Part CC. Additionally, the Maine Legislature authorized the Department to do emergency rulemaking in connection with budget initiatives, without the necessity of demonstrating that immediate adoption is necessary to avoid a threat to public health, safety or general welfare. P.L. 2009, ch. 213, Part RRRR.
The Department adopted emergency targeted case management rules with an effective date of August 1, 2009. After that date, the Department realized that the emergency rules excluded coverage for individuals receiving protective services, and that these individuals had a critical need of the TCM services. Accordingly, the Department determined that it needed to adopt this emergency rule to get services to this critical group of individuals.
This emergency rule contains the following changes to the August 1, 2009 emergency rule: (1) Includes coverage to individuals who receive protective services; (2) changes billing for some TCM services from 15 minute increments to monthly billing; and (3) changes eligibility for homeless individuals so that these individuals are not required to have resided in a homeless shelter either currently or in the past 90 days.
The Department anticipates achieving a cost savings in the General Fund of $4,138,665 per State fiscal year 2010/2011. The Department expects an annual decrease in annual aggregate (state and federal) expenditures of $11,744,223.00 per State fiscal year 2010/2011.
Pursuant to 5 M.R.S.A. § 8054, the Department has determined that immediate adoption of this provision is necessary to avoid an immediate threat to public health, safety or general welfare because of the economic crisis facing the State of Maine. The U.S. economy is in a deep recession. Maine faces a deficit of approximately $780 million for the 2010-2011 biennium. The Department determined that changes to Targeted Case Management Services were necessary, along with the legislatively mandated budgeted savings, to assure that the financial crisis did not deepen.
These rules will remain in effect for 90 days while the Department proposes the rules through the regular Administrative Procedures Act (APA) process to permanently adopt the rules. A public hearing will be held as part of that process.
Other than providers of these specific services, this rule is not expected to fiscally impact or create new recording burdens for other small businesses and is not expected to yield new costs for municipal or county governments.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: August 31, 2009
AGENCY CONTACT PERSON: Steven R. Davis, Director of Policy and Performance, Division of Policy and Performance Services, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-287-9371
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: Steven.R.Davis@Maine.gov



AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 321, Waste Motor Oil Disposal Site Remediation Program
ADOPTED RULE NUMBER: 2009-447
CONCISE SUMMARY: The rule provides procedures to allocate the proceeds of revenue obligation securities to persons eligible to receive such proceeds pursuant to the Waste Motor Oil Disposal Site Remediation Program in the event that the premium assessed to pay the debt service on the bonds generates insufficient revenues to support issuance of bonds in an amount which will pay all 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.
EFFECTIVE DATE: September 6, 2009
AGENCY CONTACT PERSON: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263
E-MAIL: KGabrielson@famemaine.com
URL: http://www.famemaine.com


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 3, Ambulatory Care Clinics
ADOPTED RULE NUMBER: 2009-448
CONCISE SUMMARY: The Department has determined that the immediate adoption of these rules is necessary to avoid an immediate threat to public health, safety, or general welfare. The threat to public health is due to the expected escalation of H1N1 (swine flu) this fall. The Department needs to act immediately as Maine’s children return to school to assure that as many citizens are possible are protected against both H1N1 and seasonal flu. Accordingly, MaineCare is immediately adding reimbursement for administration of H1N1 and seasonal flu shots in Maine’s ambulatory care clinics. MaineCare will reimburse $5 per vaccination for administration of these flu vaccines, which will be supplied at no cost to school-based ambulatory care clinics by the Maine CDC. This emergency rulemaking will allow the Department to immediately work with school departments to appropriately enroll them as ambulatory care clinic providers so that they can be reimbursed for the administration of these state supplied vaccines. This emergency rulemaking will allow school based ambulatory care clinics to be reimbursed to vaccinate Maine’s children as they return to school, in hopes of reducing the impact of H1N1 and seasonal flu in Maine this fall. These rules will remain in effect for 90 days while the Department permanently adopts these changes in a proposed rulemaking. A public hearing will be held as part of that separate rulemaking.
EFFECTIVE DATE: September 8, 2009
AGENCY CONTACT PERSON: Patricia Dushuttle, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
E-MAIL: Patricia.Dushuttle@Maine.gov
TTY: (800) 423-4331, (207) 287-1828 (Deaf/Hard of Hearing)
FAX: (207) 287-9369
URL: See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.