June 8, 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.

PROPOSALS


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01, Size, Location and Preparation of Traps
PROPOSED RULE NUMBER: 2011-P50
CONTACT PERSON FOR THIS FILING: 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
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: July 8, 2011
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife proposes to amend its current regulations to correct an error and remove the Hancock live trap from acceptable traps for beaver. The rule also proposes in Wildlife Management Districts (WMDs) 14, 18 and 19 to remove restrictions that specify the size of a foothold trap and also remove the restriction on cage traps. In WMDs 7, 14, 18 and 19 the Department proposes to allow trappers to set killer-type traps with a jaw spread not to exceed 7 ½ inches on the ground but only when using a lynx exclusion device as defined by the Department. The rule would also allow for the use of wooden-base rat traps in WMDs 1- 6 and 8-11 for weasel and red squirrel trapping.
A detailed copy of the rule may be obtained from the Agency Contact Person listed above.
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: MRSA 12 §10104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/
IF&W AGENCY RULE-MAKING LIAISON: Andrea.Erskine@Maine.gov

ADOPTIONS


AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 316, Long-Term contracting and Resource Adequacy
ADOPTED RULE NUMBER: 2011-166
CONCISE SUMMARY: The Commission adopts amendments to our long-term contracting and resource adequacy rules (Chapter 316). These amendments update the rules based on legislation enacted subsequent to the promulgation of the Chapter, the Commission's experience in implementing the long-term contracting legislation, and the further legislative amendments contained in Resolves 2011, Chapter 10.
EFFECTIVE DATE: June 30, 2011
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: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 65, Behavioral Health Services
ADOPTED RULE NUMBER: 2011-167
CONCISE SUMMARY: The adopted rules permanently adopt a modifier for Children’s’ Assertive Community Treatment (ACT)-HA for billing purposes to distinguish this service from Section 17 Community Support Services, Adult Assertive Community Treatment (ACT). The adopted rules also permanently adopt corrected rates for Collateral Services for Children’s Home and Community Based Treatment. The rate increase will be retroactive to July 1, 2010. Lastly, the adopted rules permanently adopt group ratio procedure codes for Children’s Behavioral Health Day Treatment. The new modifier and group ratio codes will be effective June 7, 2011. Lastly, the adopted rules permanently adopt group ratio procedure codes for Children’s Behavioral Health Day Treatment. The new modifier and group ratio codes will be effective June 7, 2011. Finally an HA modifier is added to three crisis services (H2011, H0018, S9482) as a technical correction, effective June 7, 2011.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: June 7, 2011
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .


AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Unified Special Education Regulation Birth to Age Twenty
ADOPTED RULE NUMBER: 2011-168 (Final adoption, major substantive)
CONCISE SUMMARY: Pursuant to the Resolve related to LD 1741, a Stakeholder Group: revised the definitions of Abbreviated day and educational performance; developed a definition for adverse effect/adversely affects; refined the procedure for abbreviated day; refined the procedure for adverse effect on educational performance; and revised the tutorial services to clarify it is a method of instruction delivery rather than a specific service, and to clarify the relationship to abbreviated day. Clarification of supervision of staff in Section XII. Program Approval has been added, private special purpose schools in Maine as a placement for review has been added (inadvertently deleted in prior rulemaking) and the reference to Written Notice and the timing of transition beginning in 9th grade has been refined to concur with other secondary transition provisions.
EFFECTIVE DATE: July 2, 2011
AGENCY CONTACT PERSON: Joanne C. Holmes, Maine Department of Education, State House Station 23, Augusta, Maine 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
WEBSITE: http://www.maine.gov/education/index.shtml .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .