May 19, 2010

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.

PROPOSALS


AGENCY: 29-250 - Department of Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 103, Rules for Vehicle Dealers, Auctions, Transporters, Recyclers, Mobile Crushers, and Loaners
PROPOSED RULE NUMBER: 2010-P111
CONTACT PERSON FOR THIS FILING: Garry Hinkley, Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov
PUBLIC HEARING: June 10, 2010, 9 a.m., BMV HQ, 101 Hospital St, Augusta
COMMENT DEADLINE: June 25, 2010
BRIEF SUMMARY: This amendment to the existing rule clarifies surety bond requirements for motor vehicle dealers. Also removes the requirement that notices of sale be filed on certain salvaged vehicles.
IMPACT ON MUNICIPALITIES OR COUNTIES: none


AGENCY: 94-411 - Maine Public Employees Retirement System
CHAPTER NUMBER AND TITLE: Ch. 414, Required Minimum Distributions
PROPOSED RULE NUMBER: 2010-P112
CONTACT PERSON FOR THIS FILING: Kathy J. Morin, Manager, Actuarial & Legislative Affairs, Maine Public Employees Retirement System, 46 State House Station, Augusta, Maine 04333. Telephone: 1 (800) 451-9800 or (207) 512-3190. E-mail: Kathy.Morin@mainepers.org . Website: www.mainepers.org
PUBLIC HEARING: June 10, 2010; 1:00 p.m., Maine Public Employees Retirement System, Second Floor Conference Room, 96 Sewall Street, Augusta, Maine 04333
COMMENT DEADLINE: June 21, 2010
BRIEF SUMMARY: This rule establishes the date on which a member must begin to receive a service retirement benefit or a withdrawal of accumulated contributions under a retirement program pursuant to Internal Revenue Code Section 401(a)(9) and any Code requirements on the form of distribution. The rule also sets forth the manner in which service retirement benefits and withdrawal of accumulated contributions will be paid if a member fails to make application prior to the date that a distribution is required to be paid under the applicable Internal Revenue Code. The proposed rule is required in order to bring the defined benefit plans administered by MainePERS into compliance with the Internal Revenue Code in order to maintain qualified plan status.
IMPACT ON MUNICIPALITIES OR COUNTIES: None


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 21, Home and Community Benefits for Adults with Mental Retardation or Autistic Disorder
PROPOSED RULE NUMBER: 2010-P113
CONCISE SUMMARY: The Department proposes replacing the term “mental retardation” with “intellectual disabilities” where appropriate, to conform to more modern terminology. This is consistent with the newest revision to the Diagnostic and Statistical Manual and the Department’s focus on respectful language. Also, the Department proposes to rename the initial classification process to “Determination of Eligibility.” Provisions regarding owned-operated businesses in the employment setting are clarified. Furthermore, the Department proposes to reduce the maximum allowance for community support service hours and work support service hours. The Department also proposes clarification language around work support services provided by a Direct Support Professional (DSP) to one member at a time. The Department establishes two additional grounds for involuntary termination of services to a member. Qualifications for DSPs and Employment Specialists are amended in this proposed rule-making. The proposed rules specify the use of the appeals process for members outlined in Ch. I of the MaineCare Benefits Manual. Finally, the rule includes a new Appendix IV, which outlines the various combinations of community support and work support hours available. The proposed changes conform the regulation to amendments contained in the waiver renewal application recently submitted to CMS.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING:: June 7, 2010 at 1 p.m., Conference Room # 1B, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before June 1, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 17, 2010.
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, MaineCare Services, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9368. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Alyssa.Morrison@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 101, Medical Imaging Services
PROPOSED RULE NUMBER: 2010-P114
CONCISE SUMMARY: The Department of MaineCare Services is proposing changes to MaineCare Benefits Manual, Ch. II Section 101, Medical Imaging Services. Contingent upon Maine Integrated Health Management System (MIHMS) implementation, the proposed rule modifies reimbursement methodology to pay at seventy percent (70%) of the lowest level in the 2009 Medicare fee schedule for Maine area “99” for all services under this policy and will include adjustments for place of service and modifiers. This change in methodology will not result in a reduction in payment for medical imaging services. The Department also made other structural, administrative, grammatical and clarifying changes within this rulemaking.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: A public hearing will not be held unless requested by 5 or more people.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 18, 2010
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)


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Licensing and Regulatory Services
CHAPTER NUMBER AND TITLE: Ch. 122 (New), Rules Governing the Maine Medical Use of Marijuana Program
PROPOSED RULE NUMBER: 2010-P115
CONTACT PERSON FOR THIS FILING: Catherine M. Cobb, Director, Division of Licensing and Regulatory Services, 41 Anthony Ave, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 287-2979; (800) 791-4080. Fax: (207) 287-5807. E-mail: Catherine.Cobb@Maine.gov
PUBLIC HEARING: Monday, June 7, 2010, at 1:00 p.m., in the Health and Human Services Committee Room 209 of the Cross Office Building, next to the State House, in Augusta
COMMENT DEADLINE: June 17, 2010 at 5 p.m.
BRIEF SUMMARY: In November 2009, voters approved an initiated bill that changed Maine’s medical use of marijuana laws. The initiated bill replaces the informal system that protected patients who grew and used marijuana for medical conditions. The Governor signed Public Law 2009, Ch. 631 (Emergency Preamble) on April 9, 2010, in which additional changes to the law were enacted by the 124th Legislature. These proposed rules implement the Maine Medical Use of Marijuana Program (MMMP) and include the following: (1) provisions to transition patients and caregivers to a registry identification card system for the continued medical use of marijuana under the new law; (2) criteria for selecting 8 dispensaries in the first year; (3) the process to secure department-issued registry identification cards for patients, primary caregivers, staff of hospice providers and nursing facilities and employees, board members and principal officers of dispensaries; (4) conditions for which the medical use of marijuana is authorized; (5) dispensary requirements; and (6) program oversight. The proposed rule is posted at http://www.maine.gov/dhhs/dlrs/rulemaking/proposed.shtml . Call (207) 287-5005 to have a paper copy of the rule mailed to you.
ECONOMIC IMPACT: These rules will not impose any administrative cost on any existing small businesses. These rules will apply to dispensaries to be established pursuant to a certificate of registration. The fees within these rules are established in statute. These rules will not impose any cost on municipalities or counties.

ADOPTIONS


AGENCY: 02-395 - Department of Professional and Financial Regulation, Office of Licensing and Registration (OLR), Plumbers’ Examiners Board
CHAPTER NUMBER AND TITLE:
Ch. 1, Advisory Rulings (renamed and amended)
Ch. 2, Complaints, Investigations and Adjudicatory Proceedings (repealed)
Ch. 3, Licensing Requirements (amended)
Ch. 4, Installation Standards (amended)
Ch. 5, Examination Requirements (repealed)
Ch. 7, Fees (repealed)
Ch. 8, Conflict of Interest (repealed)
ADOPTED RULE NUMBER: 2010-175 thru 181
CONCISE SUMMARY: The proposed rules update the state plumbing code and make other changes to the rules regulating the practice of plumbing.
EFFECTIVE DATE: May 11, 2010
AGENCY CONTACT PERSON: Cheryl Hersom, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. E-mail: Cheryl.C.Hersom@Maine.gov


AGENCY: 02-333 - Department of Professional and Financial Regulation, Office of Licensing and Registration (OLR), Board of Licensure of Foresters
CHAPTER NUMBER AND TITLE: Ch. 40, Educational Qualifications for Issuance of an Intern Forester License
ADOPTED RULE NUMBER: 2010-182
CONCISE 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.
EFFECTIVE DATE: May 12, 2010
AGENCY CONTACT PERSON: Carol J. Leighton, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8520. E-mail: Carol.J.Leighton@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 331, TANF Approved Rule #89A: Creation of a Limited Temporary Program Called Family Housing Stabilization
ADOPTED RULE NUMBER: 2010-183
CONCISE SUMMARY: The American Recovery and Reinvestment Act (ARRA) funds will be used to create a limited temporary program called Family Housing Stabilization. Family Housing Stabilization is limited to children and their families who are at risk of homelessness due to lack of stable housing and lack of housing security.
This rule is not expected to have any adverse economic impact on the reporting requirements of small businesses.
EFFECTIVE DATE: April 1, 2010
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011. Telephone: (207) 287-6426. TTY: (800) 606-0215. E-mail: Dawn.Mulcahey@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention, Division of Environmental Health, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 220, Rules Relating to Radiation Protection
ADOPTED RULE NUMBER: 2010-184
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).
EFFECTIVE DATE: May 15, 2010
AGENCY CONTACT PERSON: Tera R. Pare, Rulemaking Coordinator, Division of Environmental Health, 286 Water Street, 3rd Floor, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .


AGENCY: 18-364 - Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 4, Mega Millions Rules
ADOPTED RULE NUMBER: 2010-185
CONCISE SUMMARY: This rule establishes the procedures for the operation of the multi-jurisdictional lottery game Mega Millions in Maine, including any marketing and promotions with other jurisdictions as required by the Multi State Lottery Association.
EFFECTIVE DATE: May 15, 2010
AGENCY CONTACT PERSON: Dan A. Gwadosky, Bureau of Alcoholic Beverages and Lottery Operations (BABLO), 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6756. E-mail: Dan.Gwadosky@Maine.gov


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: 2010-186
CONCISE SUMMARY: The Office of Substance Abuse is adopting changes to the rules governing the controlled substances Prescription Monitoring Program (PMP). The new rules require more frequent data submission by pharmacies and allow access to the data by MaineCare's audit unit and the Office of the Chief Medical Examiner. The rule change has some impact on small businesses; an economic impact statement has been prepared by the Department in accordance with 5 MRSA §8052(5-A) and is available upon request. The rule change does not impose any additional cost on municipalities or counties.
EFFECTIVE DATE: June 9, 2010
AGENCY CONTACT PERSON: Daniel Eccher, Department of Health and Human Services, Office of Substance Abuse, 41 Anthony Avenue, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-3363. E-mail: Daniel.Eccher@Maine.gov .


AGENCY: 10-148 - Department of Health and Human Services (DHHS), Office of Child and Family Services
CHAPTER NUMBER AND TITLE: Ch. 16, Rules Providing for the Licensing of Family Foster Homes for Children; and Ch. 15, Rules Providing for the Licensing of Specialized Children’s Foster Homes
ADOPTED RULE NUMBER: 2010-187 and 188
CONCISE SUMMARY:Ch. 16, Rules providing for the Licensing of Family Foster Homes for Children, effective date of December 3, 2007 and Ch. 15, Rules providing for the Licensing of Specialized Children’s Foster Homes, effective date of December 3, 2007, have been revised. These rules describe the procedures and requirements for licensing foster homes for children under 18 years of age and provide for the safety and well being of children in family foster homes and in specialized foster homes. Revision to Ch. 16 and Ch. 15 deletes language from the previous rules which excluded individuals who are related by blood, marriage, or adoption from providing of substitute parental care in a Family Foster Home for Children. The revised rules allow these individuals to have the same right to apply for foster home licensure as non-relative care providers. This revision to rule coincides with statutory change to 22 MRSA § 8101 sub-§1 effective July 12, 2010 which revises the definition of Family Foster Home by deleting prior language which had the effect of excluding those related by blood, marriage or adoption from becoming licensed as family foster home providers. Changes in statute and rule will allow individuals related by blood, marriage, or adoption to have same rights and responsibilities as non-relatives in providing licensed foster care for their kin children in the care of the Department of Health and Human Services.
EFFECTIVE DATE: This rule will be effective July 12, 2010.
AGENCY CONTACT PERSON: Linda Brissette, DHHS - Office of Child and Family Services, 2 Anthony Avenue, Augusta, Maine 04333. Telephone: (207) 624-7964. E-mail: Linda.Brissette@Maine.gov


AGENCY: 06-096 - Department of Environmental Protection (DEP), Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 123, Control of Volatile Organic Compounds from Paper, Film and Foil Coating Operations
ADOPTED RULE NUMBER: 2010-189
CONCISE SUMMARY: The Board of Environmental Protection adopted amendments to Ch. 123. Ch. 123, which currently regulates surface coating of paper, has been updated to include requirements for film and foil coating operations. Work practices for paper, film and foil coating operations to reduce VOC emissions have been added. Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at http://www.maine.gov/dep/rules/
EFFECTIVE DATE: May 18, 2010
AGENCY CONTACT PERSON: Carolyn Wheeler, Bureau of Air Quality Control, 17 State House Station, Augusta, Me 04333. Telephone: (207) 287-2437. E-mail: Carolyn.Wheeler@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention, Partnership for a Tobacco-free Maine
CHAPTER NUMBER AND TITLE: Ch. 249, Rules Relating to Smoking in Public Places
ADOPTED RULE NUMBER: 2010-190
CONCISE SUMMARY: The adopted rules provide information on the limits including where smoking is prohibited that Maine law places on smoking in outdoor eating areas, state parks and historic sites.
EFFECTIVE DATE: July 1, 2010
AGENCY CONTACT PERSON: Carol R. Coles, Partnership for a Tobacco-Free Maine, MeCDC, DHHS, 11 State House Station, Key Plaza, 4thFloor, 286 Water Street, Augusta ME 04333. Telephone: (207) 287 4626. E-mail: Carol.R.Coles@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention, Partnership for a Tobacco-free Maine
CHAPTER NUMBER AND TITLE: Ch. 250, Rules Relating to Smoking in the Workplace
ADOPTED RULE NUMBER: 2010-191
CONCISE SUMMARY: The adopted rules provide information on where smoking is prohibited in workplaces including in residential units of residential care facilities when employees are present. The rules also provide information on where smoking can take place in workplaces by defining outdoor designated smoking areas.
EFFECTIVE DATE: July 1, 2010
AGENCY CONTACT PERSON: Carol R. Coles, Partnership for a Tobacco-Free Maine, MeCDC, DHHS, 11 State House Station, Key Plaza, 4thFloor, 286 Water Street, Augusta ME 04333. Telephone: (207) 287 4626. E-mail: Carol.R.Coles@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, Rev. #168E: Standard Utility Allowance Increases
ADOPTED RULE NUMBER: 2010-192 (Emergency)
CONCISE SUMMARY: As required by Federal Regulation of the Food Supplement Program, (7 CFR §273.9(d)(6), an annual review of standard utility allowances has been done and approved by Food and Nutrition service of the United States Department of Agriculture. This rule increases the standard for non-hear utilities to $203 and telephone expenses to $31. This rule will not have an adverse impact on small business, and it will avoid immediate threat to public health and welfare by increasing food supplement benefits to most recipients.
EFFECTIVE DATE: February 1, 2010
AGENCY CONTACT PERSON: Karen L. Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011. Telephone: (207) 287-7118: TTY: (800) 606-0215. E-mail: Karen.L.Curtis@Maine.gov