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Home > Weekly Rule-making Notices > August 31, 2011

August 31, 2011

WEEKLY NOTICES 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.


CANCELLAIONS



AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 10, Determination of Assessments
PROPOSED RULE NUMBER: 2011-P116 (withdrawn)
CANCELLATION: The portion of the public hearing dealing with Ch. 10, scheduled for September 1, 2011 in Augusta, has been cancelled.
CONTACT PERSON: Debra Dodge, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333. Telephone (207) 287-6724. Fax: (207) 287-6732. E-mail: Debra.J.Dodge@Maine.gov .
MHDO WEBSITE: http://mhdo.maine.gov/imhdo/ .


PROPOSALS



AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 19, Homeless Programs Rule
PROPOSED RULE NUMBER: 2011-P138
CONTACT PERSON FOR THIS FILING: Linda Uhl, Chief Counsel and Rule-making Liaison, Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4600. TTY: (800) 452-4603. (TTY). E-mail: luhl@mainehousing.org .Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
PUBLIC HEARING: A public hearing will be held on Tuesday, September 20, 2011 at 10:30 a.m. at Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine, 04330-4633. Maine State Housing Authority’s office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, September 30, 2011 at 5:00 p.m.
BRIEF SUMMARY: The current Homeless Programs Rule provides for funding emergency shelters consistent with the Stewart B. McKinney Homeless Assistance Act before it was amended by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (the “HEARTH Act”). The replacement rule expands the use of funds to comply with the HEARTH Act.
DETAILED BASIS STATEMENT / SUMMARY: The current Homeless Programs Rule provides for funding emergency shelters consistent with the Stewart B. McKinney Homeless Assistance Act before it was amended by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (the “HEARTH Act”). The replacement rule expands the use of funds to comply with the HEARTH Act. The proposed replacement rule allows MaineHousing to create new programs to support entities that offer an integrated array of services to meet the health, housing, employment, and other basic needs of people who are or are at risk of becoming homeless consistent with the HEARTH Act. In addition, the proposed replacement rule provides a method for new shelter beds to be included in the emergency shelter funding allocation and elaborates upon data collection requirements.
IMPACT ON MUNICIPALITIES OR COUNTIES. None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRSA §§ 4741.1, 4741.18, 4852 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: The McKinney-Vento Homeless Assistance Act as amended by S. 896 the Homeless Emergency Assistance and Rapid Transition to Housing Act (HEARTH) of 2009.
WEBSITE: http://www.mainehousing.org/ .



AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 13, Qualifying Examinations of Teachers, Educational Specialists and Administrators
PROPOSED RULE NUMBER: 2011-P139
CONTACT PERSON FOR THIS FILING: Mark A. Cyr, Department of Education, Certification Office, 23 State House Station, Augusta, ME 04333-0023. Telephone: (207) 624-6603. Fax: (207) 624-6604. TTY: 1 (888) 577-6690. E-mail: Mark.Cyr@Maine.gov .
PUBLIC HEARING: N/A
COMMENT DEADLINE: September 30, 2011, 5:00 p.m.
BRIEF SUMMARY: Proposed changes in Ch. 13 include new test codes, recommended cut off scores, and language to allow old tests no longer being administered to be used for up to five years after which time only the new tests will be accepted.
DETAILED BASIS STATEMENT / SUMMARY: The proposed changes to Ch. 13 stem from the regular regeneration (revision) process employed by the Educational Testing Service (ETS). Each Praxis exam undergoes regeneration every five years. ETS conducts a multi-state standard setting study designed to assemble two separate groups of current practitioners who work for two to three days to review the validity and reliability of the test being regenerated. The end result is a recommended cut off score that is deemed appropriate for the just qualified candidate (JQC). Several of the tests required by the Maine Department of Education were recently regenerated, so our current Ch. 13 must be updated to reflect these changes.
Proposed changes in Ch. 13 include new test codes, recommended cut off scores, and language to allow old tests no longer being administered to be used for up to five years after which time only the new tests will be accepted.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA §§ 13031-13038 and 13035-A
WEBSITE: http://www.maine.gov/education .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .



AGENCY: 10-144 - Maine Well Drillers Commission
RULE TITLE OR SUBJECT: Ch. 232, Well Drillers and Pump Installers Rules
PROPOSED RULE NUMBER: 2011-P140
CONCISE SUMMARY: Rule changes are in response to legislation (2009) requiring drillers and pump installers of geothermal wells be licensed by the Well Drillers Commission and that standards for the location and construction of geothermal heat exchange wells be adopted. These changes address the location and construction of geothermal; heat exchange wells. Since most geothermal drillers are also water well drillers, day to day operations for both drillers and the Commission should not change significantly upon the adoption of these rules. Protection for consumers and groundwater water quality should increase significantly.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA c. 69-C
PUBLIC HEARING: September 23, 2011, 9:00 a.m., 286 Water Street, Key Bank Building, 3rd Floor, Augusta
DEADLINE FOR COMMENTS: 15 days after public hearing
AGENCY CONTACT PERSON: David Braley, Maine Well Drillers Commission, State House Station #11, Augusta, Maine 04333. Telephone: (207) 441-5324. E-mail: David.Braley@Maine.gov .
WEBSITE: http://maine.gov/dhhs/eng/water/licensing/drillers/WellDrillers.htm .



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #10-11
PROPOSED RULE NUMBER: 2011-P141
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 XX HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: September 23, 2011, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: September 23, 2011
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 .
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 26, Producer Margins
PROPOSED RULE NUMBER: 2011-P142
CONCISE SUMMARY: The principal reason for this rulemaking is to update producer margins.
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: 7 MRSA §2954
PUBLIC HEARING: September 23, 2011, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: October 7, 2011
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 .
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .



AGENCY: 90-351 - Workers’ Compensation Board
RULE TITLE OR SUBJECT: Ch. 5, Medical Fees; Reimbursement Level; Reporting Requirements
PROPOSED RULE NUMBER: 2011-P143
CONCISE SUMMARY: The proposed rule repeals and replaces the existing rule and updates the professional services fee rule by updating to 2010 CPT and RBRVS codes/weights. The Board is still in the process of comparing the conversion factor to private 3rd-party payors. The proposed rule also enacts schedules of maximum reimbursement for inpatient, outpatient and surgical center facility fees.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA §§ 152(2), 209
PUBLIC HEARING: Monday, September 19, 2011, 9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Thursday, September 29, 2011, 5:00 p.m.
AGENCY CONTACT PERSON: John Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station, Augusta ME 04333-0027. Telephone: (207) 287-7086. E-mail: John.Rohde@Maine.gov .
WEBSITE: http://www.maine.gov/wcb/ .



AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 168, The Administration and Issuance of USDOT Numbers for Certain Intrastate Motor Carriers
PROPOSED RULE NUMBER: 2011-P144
CONCISE SUMMARY: This chapter outlines the procedures and standards for the issuance of United States Department of Transportation (USDOT) numbers to those intrastate motor carriers subject to 29-A MRSA §555-A.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §555-A
PUBLIC HEARING: October 6, 2011 at 9:00 a.m., Bureau of Motor Vehicles – Executive Conference Room, 101 Hospital Street, Augusta, ME
DEADLINE FOR COMMENTS: October 17, 2011
AGENCY CONTACT PERSON: Garry Hinkley, Bureau of Motor Vehicles – Vehicle Services, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/ .



AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 815, Consumer Protection Standards for Electric and Gas Transmission and Distribution Utilities
PROPOSED RULE NUMBER: 2011-P145
CONTACT PERSON FOR THIS FILING: Paulina Collins, Legislative Liaison, PUC, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1566. E-mail: Paulina.Collins@Maine.gov .
PUBLIC HEARING: September 23, 2011, 10:00 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: Written comments on the proposed rule may be filed with the Administrative Director until October 4, 2011. However, the Commission request that comments be filed by September 16, 2011, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written documents should refer to the docket number of this proceeding, Docket No. 2011-282 and be sent to the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333-0018.
BRIEF SUMMARY: The PUC initiates a rulemaking proceeding to consider amendments to Ch. 815 – Consumer Protection Standards for Electric and Gas Transmission and Distribution Utilities rule. The primary purpose of this proceeding is to update the rule based on legislation enacted during the 2011 session. The PUC also proposes to make a few other changes based on experience in administering the rule.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: Title 35-A §§ 104, 111, 704 and 1308, Resolves 2011, Ch. 32 and Resolves 2011, Ch. 38
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .



AGENCY: 02-643 - Department of Professional and Financial Regulation (P&FR), Office of Licensing and Registration (OLR), Board of Speech-Language Pathology, Audiology and Hearing Aid Dealing and Fitting
CHAPTER NUMBER AND TITLE: Ch. 1, Definitions; Ch. 2, Advisory Rulings; Ch. 3, Pathways to Licensure as a Speech-Language Pathologist, Audiologist or Hearing Aid Dealer and Fitter; Ch. 4, Licensure of Temporary Speech-Language Pathologists and Audiologists; Ch. 5, Permitting and Licensure of Hearing Aid Dealers and Fitters; Ch. 6, Application for Licensure; Ch. 7, License Renewal; Inactive Status; Ch. 8, Continuing Professional Education; Ch. 9, Speech-Language Pathology Assistants; Ch. 10, Practice of Hearing Aid Dealing and Fitting; Ch. 11, Code of Ethics; Ch. 12, Professional Misconduct.
Upon adoption of the chapters listed above, the rules of the former Board of Examiners on Speech-Language Pathology and Audiology and Board of Hearing Aid Dealers and Fitters are automatically repealed pursuant to PL 2007, c. 369, §C-4.
PROPOSED RULE NUMBERS: 2011-P146 thru P157
CONTACT PERSON FOR THIS FILING: Torrey L. Gray, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8420. E-mail: Torrey.J.Gray@Maine.gov .
PUBLIC HEARING: September 19, 2011, 9:00 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: September 29, 2011
BRIEF SUMMARY: The new rules repeal and replace the rules of the former Board of Examiners on Speech-Language Pathology and Audiology and the former Board of Hearing Aid Dealers and Fitters. Major changes are proposed in the areas of supervision and continuing education. The proposed rules change the license term of speech-language pathologists and audiologists and substantially revise the model agreement for the purchase and sale of hearing aids. The proposed rules and a detailed list of changes may be downloaded from www.maine.gov/professionallicensing .
DETAILED BASIS STATEMENT / SUMMARY: The new rules repeal and replace the rules of the former Board of Examiners on Speech-Language Pathology and Audiology and the former Board of Hearing Aid Dealers and Fitters. The new rules: (a) standardize the definition of direct supervision for speech-language pathology assistants and trainee hearing aid dealers and fitters, (b) require applicants for licensure as a hearing aid dealer and fitter to complete the traineeship before sitting for the licensing examination, (c) specify qualifications for supervisors of temporary speech-language pathologists and audiologists, trainee hearing aid dealers and fitters and speech-language pathology assistants, (d) institute a change of supervisor protocol, (e) limit the overall supervision responsibilities of individual speech-language pathologists and audiologists, (f) provide for inactive status licensure, (g) change the license term of speech-language pathologists and audiologists from 2 years to 1 year; (h) discontinue the preapproval requirement for speech-language pathology and audiology continuing education programs; (i) specifically describe content requirements for permissible continuing education activities, (j) require speech-language pathologists and audiologists and hearing aid dealers and fitters to complete 10 hours of continuing education annually, (k) revise the application process for speech-language pathology assistants, (l) discontinue former rule provisions concerning speech-language pathology aides, (m) require supervisors of speech-language pathology assistants to maintain a supervision log; (n) require trainee hearing aid dealers and fitters to maintain a training log, (o) discontinue provisions dealing with medical evaluation requirements in connection with the dispensing of hearing aids, (p) incorporate by reference into the rules the current ANSI standard for calibration of audiometers, (q) revise the sample agreement for the purchase of hearing aids and incorporate the agreement into the rules, (r) compile a common code of ethics for speech-language pathologists and audiologists and hearing aid dealers and fitters, (s) discontinue the requirement that hearing aid dealers and fitters display a copy of their license in the fitting room or office, (t) prohibit sexual misconduct by licensees, and (u) provide for the issuance of advisory rulings.
The statement of impact on small business required by 5 MRSA §8052(5A) may be obtained from the agency contact person.
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA §§ 8051, 9001(4); 32 MRSA §§ 17203(2), 17301(1),(2),(3),(4),(5),(6); 17302(1),(2); 17305(5),(6); 17307(1); PL 2007, c. 369, sec. C-4.
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/speech_audiology_hearing_aid/index.htm .
OLR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .


ADOPTIONS



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.02, Migratory Bird Hunting
ADOPTED RULE NUMBER: 2011-290
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 2011 Migratory Bird Hunting season. These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treat Act. Detailed rules may be obtained from the Agency Contact Person and will also be available at License Agent locations throughout the State.
EFFECTIVE DATE: August 18, 2011
AGENCY CONTACT PERSON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/



AGENCY: 14-118 - Department of Health and Human Services (DHHS), Office of Substance Abuse
CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing the Controlled Substances Prescription Monitoring Program
ADOPTED RULE NUMBER: 2011-291 (final adoption, major substantive)
CONCISE SUMMARY: The Office of Substance Abuse is proposing to change the rules governing the controlled substances Prescription Monitoring Program (PMP). The current rules will be modified to establish procedures for the review of prescription monitoring information by the Office; allowing non-licensed individuals as “sub-account” data requesters; and other non-substantive changes.
EFFECTIVE DATE: September 18, 2011
AGENCY CONTACT PERSON: Patricia Lapera, Office of Substance Abuse/DHHS, 11 State House Station, 41 Anthony Avenue, Augusta, ME 04333-0011. Telephone: (207) 287-3363. E-mail: Patricia.Lapera@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/osa/



AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 660, Consumer Protection Standards for Water Utilities
ADOPTED RULE NUMBER: 2011-292
CONCISE SUMMARY: This rulemaking amends an existing rule that was adopted on September 30, 2010 and corrects errors, omissions, and inconsistencies found necessary after the rule was adopted and also makes minor, non-substantive modifications.
EFFECTIVE DATE: August 28, 2011
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/ .



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #09-11
ADOPTED RULE NUMBER: 2011-293 (Emergency)
CONCISE SUMMARY: Minimum September 2011 Class I price is $25.03/cwt. plus $1.25/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $28.48/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm .
EFFECTIVE DATE: September 4, 2011
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .