February 10, 2010

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: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 3, Forms Filing: 3(4), Electronic filing amendments and repeal of 3(4)(4)
PROPOSED RULE NUMBER: 2010-P28
CONCISE SUMMARY: This rule amends the electronic First Report of Injury filing requirements by making the return to work type code mandatory (conditional upon an actual return to work). It also repeals the proprietary First Report language - no one is using that system any longer.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA §§ 152(2), 303
PUBLIC HEARING: Monday, March 1, 2010, 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, March 11, 2010, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station Augusta ME 04333-0027. Telephone: (207) 287-7086. E-mail: John.Rohde@Maine.gov
URL: http://www.maine.gov/wcb/


AGENCY: 02-333 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Licensure of Foresters
CHAPTER NUMBER AND TITLE: Ch. 40, Educational Qualifications for Issuance of an Intern Forester License
PROPOSED RULE NUMBER: 2010-P29
CONTACT PERSON FOR THIS FILING: Carol J. Leighton, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333, (207) 624-8520. E-mail: Carol.J.Leighton@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: March 12, 2010
BRIEF SUMMARY: This amendment updates references to the two accreditation manuals referenced in the rule and also updates contact information for the Society of American Foresters and the Canadian Forestry Education Board.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §5506(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov
URL: http://www.maine.gov/pfr/professionallicensing/professions/foresters/index.htm


AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulations
RULE TITLE OR SUBJECT: Ch. 350, Regulations under the Maine Commercial Fertilizer Law
PROPOSED RULE NUMBER: 2010-P30
CONCISE SUMMARY: The purpose of chapter is to set forth uniform standards for labeling, registration and regulation of fertilizers in an effort to achieve consensus with other fertilizer regulatory agencies and the Association of American Plant Food control Officials (AAPFCO). The (AAPFCO) strives to gain uniformity by consensus among each of these entities without compromising the needs of the consumers, protection of the environment or fair competition among the industry.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §748
PUBLIC HEARING: March 3, 2010 @ 1 p.m., Hartley D. Welch Agricultural Center, Potato Board Conference Room, 744 Main Street, Presque Isle ME 04769.
DEADLINE FOR COMMENTS: March 15, 2010
AGENCY CONTACT PERSON: Hal Prince, Director, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3841. E-mail: Hal.Prince@Maine.gov
URL: http://www.maine.gov/agriculture/qar/index.html


AGENCY: 10-144 - Maine Department of Health & Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health, Radiation Control Program
RULE TITLE OR SUBJECT: Ch. 220, Maine Rules Relating to Radiation Protection
PROPOSED RULE NUMBER: 2010-P31
CONCISE SUMMARY: The Maine Radiation Control Program is proposing to increase its licensing and registration fees for radioactive materials and x-ray machines within the Rules Relating to Radiation Protection to meet a serious deficit within the Radiation Control Program’s account. These proposed fee increases are half the amount of the U.S. Nuclear Regulatory Commission (NRC).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 674 (4)(D), 677(1), 679, 679-A (1) & (2)(A), 680 (2), and 682 (3)
PUBLIC HEARING: 2:00 p.m., March 3, 2010 at 3rd Floor, Key Bank Plaza, 286 Water Street, Augusta, Maine
DEADLINE FOR COMMENTS: March 13, 2010
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
URL: http://www.maine.gov/dhhs/eng/rad/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 06-096 - Department of Environmental Protection, Bureau of Land and Water Quality
CHAPTER NUMBER AND TITLE: Ch. 583, Use Attainment Evaluation Using Nutrient Criteria for Surface Waters
PROPOSED RULE NUMBER: 2010-P32
CONTACT PERSON FOR THIS FILING: Tom Danielson, Maine DEP, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 441-7430. E-mail: Thomas.J.Danielson@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: March 4, 2010 @ 9:00 a.m., Augusta Civic Center, Community Drive, Augusta, Maine
COMMENT DEADLINE: 5:00 p.m. on March 15, 2010
BRIEF SUMMARY: Ch. 583 establishes nutrient criteria for surface waters of the State. Nutrient enrichment can cause negative environmental impacts to surface waters, such as algal blooms, low dissolved oxygen concentrations, excessive growths of filamentous algae or bacteria, and generation of cyanotoxins. Methods described in this Chapter will be used to make decisions about attainment or impairment of designated and existing uses of surface waters under the State’s water quality classification system. This Chapter also describes how these use attainment determinations may be used by the Department in the listing of impaired waterbodies and the establishment of nutrient discharge limits in National Pollutant Discharge Elimination System permits.
DETAILED BASIS STATEMENT / SUMMARY: The U.S. Environmental Protection Agency requires states to adopt nutrient criteria for surface waters. Nutrient enrichment can cause negative environmental impacts to surface waters, such as algal blooms, low dissolved oxygen concentrations, excessive growths of filamentous algae or bacteria, and generation of cyanotoxins. The Department of Environmental Protection (DEP) is responsible for determining if waterbodies attain water quality criteria and designated uses in the state’s Water Classification System, 38 MRSA §§ 464-466. DEP collects biological and water quality samples using standard protocols, analyzes data, and determines if waterbodies attain narrative and numeric criteria described in the Water Classification System. Chapter 583 establishes nutrient criteria for surface waters of the State. Methods described in this Chapter will be used to make decisions about attainment or impairment of designated and existing uses of surface waters under the State’s water quality classification system. This Chapter also describes how these use attainment determinations may be used by the Department in the listing of impaired waterbodies and the establishment of nutrient discharge limits in National Pollutant Discharge Elimination System permits. Chapter 583 and supporting documents are available at the following website: http://www.maine.gov/dep/blwq/rule.htm .
IMPACT ON MUNICIPALITIES OR COUNTIES: Municipalities are currently fiscally impacted if 1) they have a license or permit for an activity related to water quality, 2) an impairment of water quality is documented, and 3) the municipality must take corrective actions. This rule will not change the status quo, but could possibly lead to the identification of additional water quality impairments.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 341-D(1-B) and 464(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
URL: http://www.maine.gov/dep/rules/
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Terry.Hanson@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 115, Principles of Reimbursement for Residential Care Facilities - Room and Board
PROPOSED RULE NUMBER: 2010-P33
CONCISE SUMMARY: In this rulemaking, the Department is proposing changes to Section 20, Fixed/Capital Costs of this Section to make this language consistent with language in State statute regarding depreciation recapture for nursing facilities. The changes are proposed for chapter 115, Section 20, Fixed Capital Costs only. This will make regulations for residential care facilities consistent with the regulations for nursing facilities in this aspect. These regulations define how recapture depreciation is calculated upon the sale of a facility, and will be retroactive to January 1, 2010 as authorized by 22 MRSA §42(8), since these changes are beneficial to RCF providers.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173, 22 MRSA §42(8).
PUBLIC HEARING: Not Applicable. A thirty-day comment period will be held in lieu of a public hearing unless the Department receives five or more requests for a public hearing.
DEADLINE FOR COMMENTS: Comments must be received by midnight March 15, 2010.
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9362. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Patricia.Dushuttle@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 8, Endangered Species
PROPOSED RULE NUMBER: 2010-P34
CONCISE SUMMARY: In July, 2009 the Department of Inland Fisheries and Wildlife proposed designations of areas as Essential Habitat for Piping Plover and Least Tern nesting, feeding, and brood rearing in the towns of Cape Elizabeth and Old Orchard Beach. This proposal was adopted by the Commissioner and consented to by the Advisory Council in the Fall of 2009; however, the filing deadline was missed and therefore, it needs to be re-adopted.
Designation of mapped sites by rule would require evaluation by Inland Fisheries and Wildlife of any projects partly or wholly within areas that require state or local permits, or are funded by, or carried out by, state or local governments, to determine if the projects would significantly alter or unreasonably harm the Essential habitat. Letters of notification and maps of proposed areas have been sent to all known affected landowners.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §§ 10104, 12803, and 12804
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: March 19, 2010
AGENCY CONTACT PERSON: Written comments should be directed to Andrea Erskine, Maine Department of Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041, or by e-mail to Andrea.Erskine@Maine.gov , by Fax to (207) 287-6395.
URL: http://www.maine.gov/ifw/

ADOPTIONS


AGENCY: 94-348, Maine Human Rights Commission
CHAPTER NUMBER AND TITLE:
Ch. 2, Procedural Rule (Amend)
Ch. 9, Housing Procedural Rule (Repeal)
ADOPTED RULE NUMBER: 2010-19 and 20
CONCISE SUMMARY: These amendments make changes to the Commission’s procedural rules to implement new statutory provisions as well as comply with the Commission’s worksharing agreements with its federal partners; combine the housing procedural rule with the general procedural rule; add a provision on advisory rulings; and clarify the roles of Commission staff.
EFFECTIVE DATE: February 8, 2009
AGENCY CONTACT PERSON: John Gause, Esq, Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333-0051. Telephone: (207) 624-6050. E-mail: John.P.Gause@Maine.gov.
URL: http://www.maine.gov/mhrc/index.shtml


AGENCY: 94-348, Maine Human Rights Commission
05-071, Maine Department of Education
CHAPTER NUMBER AND TITLE: Joint Rule: Ch. 4-A, Procedural Rule: Equal Educational Opportunity
ADOPTED RULE NUMBER: 2010-21, 22
CONCISE SUMMARY: These amendments make changes to the joint Maine Human Rights Commission and Maine Department of Education procedural rule concerning education discrimination complaints filed pursuant to the Maine Human Rights Act. The proposed amendments implement new statutory provisions; create greater consistency between the Education procedural rule and the Commission’s general procedural rule; add a provision on advisory rulings; and clarify the roles of Commission staff.
EFFECTIVE DATE: February 8, 2010
AGENCY CONTACT PERSONS:
Maine Human Rights Commission: John Gause, Esq., 51 State House Station, Augusta, ME 04333-0051. Telephone: (207) 624-6050. E-mail: John.P.Gause@Maine.gov. URL: http://www.maine.gov/mhrc/index.shtml
Education: Susan Corrente, Esq., 23 State House Station, Augusta, ME 04333-0023. Telephone: (207) 624-6620. E-mail: Susan.Corrente@Maine.gov . URL: http://www.maine.gov/education/index.shtml . Education Rule-making Liaison: Greg.Scott@Maine.gov .


AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND RULE TITLE: Ch. 241, Uniform Reporting System for Hospital Inpatient Data Sets and Hospital Outpatient Data Sets
ADOPTED RULE NUMBER: 2010-23
CONCISE SUMMARY: This rule change adds a field for separating the social security number and the insurance policy identification number. In addition, other minor technical changes have been made to conform to the National Uniform Billing Committee definitions. This rule will not have a fiscal impact on municipalities, counties or small businesses.
Copies of this rule can be reviewed and printed from the MHDO website at
http://mhdo.maine.gov/imhdo/recentlyadoptedrules.aspx or, to receive a paper copy call
(207) 287-6722.
EFFECTIVE DATE: February 7, 20101
AGENCY CONTACT PERSON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6722. E-mail: Debra.J.Dodge@Maine.gov.
URL: http://mhdo.maine.gov/imhdo/


AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND RULE TITLE: Ch. 700, Criteria and Standards for Price Lists at Hospitals and Ambulatory Surgical Facilities
ADOPTED RULE NUMBER: 2010-24
CONCISE SUMMARY: This change repeals this rule in its entirety due to changes in the Title 22 Statutes. Consumers can now compare health care prices for specific procedures at the Maine Health Data Organization’s HealthCost web-site. This rule will not have a fiscal impact on municipalities, counties or small businesses.
A copy of this rule can be reviewed and printed from the MHDO website at
http://mhdo.maine.gov/imhdo/recentlyadoptedrules.aspx or, to receive a paper copy call (207) 287-6722.
EFFECTIVE DATE: February 7, 20101
AGENCY CONTACT PERSON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6722. E-mail: Debra.J.Dodge@Maine.gov.
URL: http://mhdo.maine.gov/imhdo/


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 30, Family Planning Agency Services and Allowances for Family Planning Agency Services
ADOPTED RULE NUMBER: 2010-25
CONCISE SUMMARY: The adopted rules will update the policy language, unbundle services, replace local codes with HIPAA compliant codes and standardize rates. Also contained within this rulemaking is the elimination of coverage for infertility treatment, elimination of coverage for cervical caps, and expansion of coverage to include blood testing and counseling related to HIV and Hepatitis. These changes will become effective upon implementation of MIHMS. Providers will be notified at least thirty (30) days prior to the effective date
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: These changes will become effective upon implementation of MIHMS. Providers will be notified at least thirty (30) days prior to the effective date
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, MaineCare Services, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Delta.Cseak@Maine.gov.
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov