April 28, 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: 01-001 - Maine Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 31, Potato Marketing Improvement Fund
RULE NUMBER: 2010-P85
CONCISE SUMMARY: This rule change converts the Well Grant Fund into the Irrigation Grant Fund, through which external sources of funds may be used for grants to fund potato irrigation projects, and establishes an Irrigation Grant Review Committee. The rule change also clarifies the eligibility of major repair and upgrade projects for funding, clarifies loan limits in the Retrofit Loan Program, and clarifies project eligibility in the Research and Infrastructure Improvement Grant Program.
THIS RULE WILL NOTHAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA Ch. 110 §1023-N, and 7 MRSA Ch. 103 §973-A.
PUBLIC HEARING: None Scheduled at this time
DEADLINE FOR COMMENTS: 5:00 p.m., Friday, May 28, 2010
AGENCY CONTACT PERSON: Stephen Belyea, Potato Storage Consultant, 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) 287-3491. Fax: (207) 287-5576. E-mail: Stephen.Belyea@Maine.gov .
URL: http://www.maine.gov/agriculture/mpd/business/pmif/
AGRICULTURE RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov


AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 13, Title: Qualifying Examinations for Teachers, Educational Specialists and Administrators
PROPOSED RULE NUMBER: 2010-P86
CONTACT PERSON FOR THIS FILING: Joanne C. Holmes 23 State House Station, Augusta, Maine 04333-0023
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: Monday, May 17, 2010, 3:00 p.m. to 4:00 p.m., Room 500 - Department of Education, Cross Office Building. The public hearing will also be available through video conferencing at the following locations:
Bangor Public Library, Board Room
Gov. Baxter School for the Deaf, Falmouth
COMMENT DEADLINE: Thursday, May 27, 2010
SUMMARY: The proposed rule changes to Ch. 13 stem from the regular revision (regeneration) 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 three days to review the validity and reliability of the test being regeneration. 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 Chapter 13 must be updated to reflect these changes. The proposed changes 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. Another change includes deleting test information for Bilingual Education, which is no longer available as an endorsement in Maine.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA §§ 13031-13038 and §13035-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Jaci.Holmes@Maine.gov
URL: http://www.maine.gov/education/index.shtml
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 691, Rules for Underground Oil Storage Facilities
PROPOSED RULE NUMBER: 2010-P87
CONTACT PERSON FOR THIS FILING: Jeff Madore, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7848. Fax: (207) 287-7826. E-mail: Jeff.G.Madore@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: A public hearing is not planned. A request for a hearing must be in writing, directed to the agency contact person listed below, and received by the comment deadline below.
COMMENT DEADLINE: 5:00 p.m., June 1, 2010. Comments may be submitted by mail, e-mail or fax. To ensure that the comments are considered, they must include your name and the organization you represent, if any.
BRIEF SUMMARY: The department is proposing to repeal section 3-A, the siting requirements for underground oil storage facilities, of Ch. 691. Those siting requirements have been incorporated in Ch. 692 governing the siting of both underground and aboveground oil storage facilities. Ch. 692 was finally adopted by the Board of Environmental Protection in March, 2010 (Effective date April 24, 2010).
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §341-D(1-B)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
URL: http://www.maine.gov/dep/rwm/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 420, Safety Standards for Natural Gas Transmission and Distribution Systems and Liquefied Natural Gas Facilities
PROPOSED RULE NUMBER: 2010-P88
CONTACT PERSON FOR THIS FILING: Carol MacLennan – Carol.MacLennan@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: May 20, 2010, 1:00 p.m. in the Worster Room at 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: June 21, 2010
BRIEF SUMMARY: In this Notice, the Commission opens a rulemaking to repeal and replace Ch. 420 of its rules that set6 forth safety standards for natural gas transmission and distribution systems and liquefied natural gas facilities. Jurisdictional liquefied propane gas facility safety and operations standards will hereafter be contained in a new rule, Ch. 421. Ch. 421 is currently under consideration in Docket No. 2009-392.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 4508, 4515, 4516-A, and 4705-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
URL: http://www.maine.gov/mpuc/
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Paula.Cyr@Maine.gov

ADOPTIONS


AGENCY: 02-382 - Maine State Board of Optometry
CHAPTER NUMBER AND TITLE: Ch. 1, Examination, Approved Schools; License Renewal; Fees; Continuing Education
ADOPTED RULE NUMBER: 2010-146
CONCISE SUMMARY: This rule was amended to increase the licensing examination application fee, the annual license fee and to accommodate the change in how the license examination will be administered.
EFFECTIVE DATE: April 19, 2010
AGENCY CONTACT PERSON: Susan A. Giampetruzzi, Maine State Board of Optometry, 113 State House Station, Augusta, ME 04333. Telephone: (207) 624-8691. E-mail: Susan.A.Giampetruzzi@Maine.gov
URL: http://www.maine.gov/pfr/professionallicensing/professions/optometry/board_news.html


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 21, Home and Community Benefits for Members with Mental Retardation or Autistic Disorder
ADOPTED RULE NUMBER: 2010-147
CONCISE SUMMARY: The final adopted rules specify rates. Additionally, the final rules specify changes to billing codes necessary to comply with federal coding requirements. The coding changes will take effect when the Department's new claims processing system (MIMHS) becomes operational, which is expected to occur in August, 2010. Providers will receive 30 days notice of the effective date of the coding changes.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: June 1, 2010
AGENCY CONTACT PERSON: Alyssa Morrison, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. FAX: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf /Hard of Hearing). E-mail: Alyssa.Morrison@Maine.gov
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 10-146 - Department of Health and Human Services (DHH), Maine CDC, Office of Data, Research and Vital Statistics
CHAPTER NUMBER AND TITLE: Ch. 7, Vital Records Fees (EMERGENCY)
ADOPTED RULE NUMBER: 2010-148
CONCISE SUMMARY: The Department finds it necessary to adopt these rules on an emergency basis in order to comply with PL 2010, Ch. 571, Part EEE, §1 and PL 2009, Ch. 652, Pt. F, §1 requiring that fees for the issuance of copies of vital records be reduced effective April 1, 2010 to the rate levels in effect as of September, 2009.
EFFECTIVE DATE: April 1, 2010 - July 7, 2010
AGENCY CONTACT PERSON: Elana Jellison, Office of Data, Research and Vital Statistics, Maine CDC, 244 Water Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-1911. E-mail: Elana.Jellison@Maine.gov
URL: http://www.maine.gov/dhhs/boh/phs/odrvs/index.shtml
DHHS RULE-MAKING LIAISON: Marine.Thibeau@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 31, Federal Qualified Health Center Services
ADOPTED RULE NUMBER: 2010-149
CONCISE SUMMARY: The adopted rules add a new provision under "reimbursement" which sets forth the Department's legal obligations for individuals who are eligible for Medicare, some of whom are also eligible for Medicaid (QMB only, QMB plus and non QMBs). This section complies with federal regulations on Medicare cost sharing. Also, the Department intends to transition to a new information system, MIHMS in 2010, with 30 days notice to providers. Upon implementation of MIHMS, the Department will delete the current local billing codes in Ch. III, Table 1, and replace them with the codes in Ch. III, Table 2 to become compliant with Federal HIPAA regulations. Further, the Department will require providers to bill services, including documenting the type of visit, diagnoses and procedures on the UB04 claims form, which will replace the CMS 12500 form. This adopted rule should not adversely impact those facilities with staff of 20 or fewer employees. In addition, this proposed rulemaking is not expected to create any new compliance burdens for counties or municipalities.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: May 1, 2010
AGENCY CONTACT PERSON: Cindy S. Boucher, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6124. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Cindy.Boucher@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov