November 24, 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: 12-168 - Maine Department of Labor (DOL)
RULE TITLE OR SUBJECT: Ch. 12, Rules Regarding Proof of Ownership and Recruitment by Employers Employing Foreign Laborers to Operate Logging Equipment
PROPOSED RULE NUMBER: 2010-P311
CONCISE SUMMARY: The purpose of this chapter is to provide standards and a reporting methodology for employers engaged in logging that hire foreign laborers under the federal H2 program to show compliance with the ownership and recruitment requirements under 26 MRSA §872 and §873.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §872 and §873
PUBLIC HEARING: December 16, 2010 - 1:30 p.m., Maine Department of Labor, Frances Perkins Room, Central Maine Commerce Center, 45 Commerce Dr., Augusta, ME 04330
DEADLINE FOR COMMENTS: December 30, 2010
AGENCY CONTACT PERSON: Edmund J. McCann, Deputy Commissioner, Maine Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5095. E-mail: Edmund.J.McCann@Maine.gov .
WEBSITE: http://www.maine.gov/labor/
DOL RULE-MAKING LIAISON: Adam.C.Fisher@Maine.gov


AGENCY: 94-649 - Maine Commission on Indigent Legal Services
CHAPTER NUMBER AND TITLE: Ch. 3, Eligibility Requirements for Specialized Case Types
PROPOSED RULE NUMBER: 2010-P312
CONTACT PERSON FOR THIS FILING: Jennifer M. Smith, Central Office Manager, 154 State House Station, Augusta, ME 04333-0154. Telephone: (207) 287-3257. Fax: (207) 287-3293. E-mail: Jennifer.M.Smith@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: December 14, 2010 – 1 p.m., Judiciary Committee Room 438, State House, Augusta, ME 04333.
COMMENT DEADLINE: December 27, 2010
BRIEF SUMMARY: This rule sets forth the eligibility requirements for an attorney rostered with the Commission to receive assignments in specialized case types.
DETAILED BASIS STATEMENT / SUMMARY: This rule sets forth the eligibility requirements for an attorney rostered with the Commission to receive assignments in specialized case types. The Commission has already established minimum experience, training and other qualifications for rostered attorneys as required by 5 MRSA §1804(2)(B). This rule sets forth additional minimum qualifications for rostered attorneys to be eligible for assignment in specialized case types in furtherance of the Commission’s obligations pursuant to 5 MRSA §1804(3)(E) to “ensure that attorneys are qualified and capable of providing quality representation in the case types to which they are assigned, recognizing that quality representation in each case specialized case type requires counsel with experience and specialized training in that field.”
The rule establishes specialized case types and sets the minimum qualifications necessary for an attorney to become eligible to receive assignments in each of the specialized case types established. In addition, the rule sets forth the powers and duties of the Executive Director with respect to developing an application process for attorneys seeking assignment in specialized case types and determining if an attorney is qualified for such assignments. Finally, the rule establishes a waiver provision for attorneys who meet some, but not all, of the requirements to become eligible to receive assignment in a specialized case type.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 4 MRSA §§ 1804(2)(A),(2)(G) and (3)(E)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: www.maine.gov/mcils


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine CDC, Health Inspection Program
CHAPTER NUMBER AND TITLE: Ch. 201, Rules Relating to the Administration & Enforcement of Establishments Licensed by the Health Inspection Program
PROPOSED RULE NUMBER: 2010-P313
CONTACT PERSON FOR THIS FILING: Tera R. Pare, J.D., Rulemaking Coordinator, (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Lisa Brown, Director, Health Inspection Program. Telephone: (207) 287-5691. E-mail: Lisa.Brown@Maine.gov
PUBLIC HEARING: 1:00 p.m. on December 13, 2010 at 3rd Floor, Key Bank Plaza, 286 Water Street, Augusta, Maine
COMMENT DEADLINE: December 27, 2010
BRIEF SUMMARY: The proposed changes to Ch. 201 clarify definitions to reflect the current inspection and enforcement process, present a graduated fee schedule for all licenses administered by HIP, create a structured administrative penalty formula, and clarify the compliance and enforcement process.
IMPACT ON MUNICIPALITIES OR COUNTIES: The municipalities with delegated authority to perform inspections will be required to provide copies of inspection reports by email to the Department.
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. §2496; 32 M.R.S. §§ 4251-4252; 32 M.R.S. §§ 4325 – 26; 22 M.R.S. §§ 1601-1607; 32 M.R.S. §§ 4312-4314; 22 M.R.S. §§ 1601-1607; 22 M.R.S. §§ 2661 – 2669, and 22 M.R.S. §1551-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/eng/el/index.htm
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 5, Certificate of Approval Process for Midcoast Regional Redevelopment Authority Projects
PROPOSED RULE NUMBER: 2010-P314
CONTACT PERSON FOR THIS FILING: Elizabeth L. Bordowitz. Telephone: (207) 623-3263. E-mail: ebordowitz@famemaine.com .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: December 16, 2010, FAME, 5 Community Drive, Augusta, Maine. 10 a.m.
COMMENT DEADLINE: December 27, 2010
BRIEF SUMMARY: The rule established the procedures, standards and fees applicable to the Authority’s determination regarding the issuance of a Certificate of Approval for bonds to be issued by the Midcoast Regional Redevelopment Authority.
IMPACT ON MUNICIPALITIES OR COUNTIES: The proposed rule will not impose any costs on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA. §969-A(14), 5 MRSA §13083-n(2)(C)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.famemaine.com/
FAME RULE-MAKING LIAISON: ebordowitz@famemaine.com


AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 307, Maine Seed Capital Tax Credit Program, Amendment 6
PROPOSED RULE NUMBER: 2010-P315
CONTACT PERSON FOR THIS FILING: Elizabeth L. Bordowitz. Telephone: (207) 623-3263. E-mail: ebordowitz@famemaine.com .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: No public hearing is scheduled.
COMMENT DEADLINE: December 24, 2010
BRIEF SUMMARY: The amendment proposes to designate the footprint of a military installation that is closed pursuant to the federal Base Closure and Realignment Commission process as a “high unemployment area” for a period of 10 years following the transfer of the site to a redevelopment authority or other, similar entity.
IMPACT ON MUNICIPALITIES OR COUNTIES: The proposed amendment will not impose any costs on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA c.110, subchapter IX
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.famemaine.com/
FAME RULE-MAKING LIAISON: ebordowitz@famemaine.com


AGENCY: 02-343 - Department of Professional and Financial Regulation (P&FR), Office of Licensing and Registration (OLR), Board of Respiratory Care Practitioners
CHAPTER NUMBER AND TITLE:
Ch. 1, Definitions (amended)
Ch. 2, Advisory Rulings (amended)
Ch. 3, Licensing Requirements for Respiratory Care Practitioners (amended)
Ch. 4, Continuing Education Requirements for Respiratory Care Practitioner License Renewal (repealed)
Ch. 5, Enforcement and Disciplinary Procedures (repealed)
Ch. 6, Code of Ethics (amended)
Ch. 7, Misconduct (amended)
PROPOSED RULE NUMBER: 2010-P316 thru P322
CONTACT PERSON FOR THIS FILING: Geraldine L. Betts, Board Administrator, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8625. E-mail: Geraldine.L.Betts@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: December 13, 2010, 1:00 p.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: December 23, 2010
BRIEF SUMMARY: The proposed rules: (a) eliminate the requirement of continuing education as a prerequisite to license renewal; (b) reflect the change in license term from biennial to annual; (c) define direct supervision of a temporary licensee to mean that the temporary licensee is able to immediately communicate with a supervising respiratory care practitioner; (d) eliminate obsolete or unnecessary material; and (e) make various changes to licensure standards and procedures, the code of ethics, and misconduct provisions.
DETAILED BASIS STATEMENT / SUMMARY: The proposed rules: (a) eliminate the requirement of continuing education as a prerequisite to license renewal (Ch 4); (b) reflect the change in license term from biennial to annual (Ch 3); (c) define direct supervision of a temporary licensee to mean that the temporary licensee is able to immediately communicate with a supervising respiratory care practitioner; (Ch 1); (d) clarify that an applicant may be licensed as a respiratory care practitioner through completion of an accredited education program and examination without need of credentialing by NBRC (Ch 3); (e) expressly prohibit practice until a license has been issued; (f) provide that passing examination scores will generally be recognized for no more than one year after issuance (Ch 3); (g) revise and update the application process (Ch 3); (h) change the term of the temporary license from one year, as currently specified in law, to “the period of time allowed by law,” in light of a legislative proposal to reduce the term of the temporary license from one year to 90 days; provide that the trainee license expires upon graduation, as opposed to 30 days after graduation (Ch 3); (i) correct the degree of supervision required for trainee licensees from “direct supervision” to the statutory standard of “on-site supervision” (Ch 3); (j) update the Code of Ethics (Ch 6); (k) delete examples of misconduct that are already prohibited by law (Ch 7); (l) revise the procedures for issuance of advisory rulings (Ch 2); and (m) eliminate obsolete or unnecessary material (Ch 2 & 5).
The proposed rules may be downloaded from www.maine.gov/professionallicensing. The statement of impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA §§ 8051 and 9001; 32 MRSA §§ 9704(2) and 9707-A.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/respiratory/index.htm
OLR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 117, Source Surveillance – Emissions Monitoring
PROPOSED RULE NUMBER: 2010-P323
CONTACT PERSON FOR THIS FILING: Deb Avalone-King, Maine Dept. of Environmental Protection, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. Fax: (207) 287-7641. E-mail: Debbie.J.Avalone-King@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: December 16, 2010, 9:00 a.m., The Elks Lodge -- 397 Civic Center Dr., Augusta, Maine
COMMENT DEADLINE: December 27, 2010, 5:00 p.m.
BRIEF SUMMARY: The Department’s proposal repeals and replaces the Source Surveillance Rule to clarify, update and standardize requirements for air emission sources that are required to continuously monitor their emissions. The intent is to clarify the procedural protocol for continuous emissions monitoring that is required by air emissions operating permits. The Department has established and extensively updated protocol for best operating practices since 1994, when this rule was last updated.
In addition, there has been a significant improvement in emissions monitoring technology since that time. This rule enables the owners and operators, as well as Department staff to better analyze and quantify emissions and provides clear protocol for making a determination that sources are, or are not, in compliance with their established permit requirements. It clarifies the protocol for existing gaseous pollutant monitoring as well as providing a standard protocol for emerging gaseous pollutant monitoring that is anticipated to increase over the next decade.
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 /
Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking, the public hearing and are provided an opportunity for comment. Comments may be submitted by mail, e-mail or fax to the contact person listed above. To ensure the comments are considered, they must include your name and the organization you represent, if any. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the agency contact person.
IMPACT ON MUNICIPALITIES OR COUNTIES None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/air/
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .

ADOPTIONS


AGENCY: 02-041 - Department of Professional and Financial Regulation (P&FR), Office of Licensing and Registration (OLR)
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2010-578
CONCISE SUMMARY: The Office of Licensing and Registration (“OLR”) increased license fees for the following 8 professional and occupational licensing programs administered by OLR: Board of Accountancy, Board of Counseling Professionals Licensure, Electricians’ Examining Board, State Board of Funeral Service, Board of Certification for Geologists and Soil Scientists, Board of Licensure of Podiatric Medicine, Radiologic Technology Board of Examiners and the State Board of Veterinary Medicine. OLR decreased license fees for the following 6 programs: State Board of Alcohol and Drug Counselors, Athletic Trainers regulatory function, Board of Chiropractic Licensure, Board of Complementary Health Care Providers, Board of Examiners in Physical Therapy and the Transient Sellers regulatory function.
EFFECTIVE DATE: November 20, 2010
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8615. E-mail: Jeffrey.M.Frankel@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/index.shtml


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 97, Private Non-Medical Institutions; and Ch. III Section 97, Private Non-Medical Institutions, Appendix B, Principles of Reimbursement for Substance Abuse Treatment Facilities
ADOPTED RULE NUMBER: 2010-579 (EMERGENCY)
CONCISE SUMMARY: This is emergency rulemaking. The Legislature ordered various reductions in expenditures in the MaineCare program to counteract predicted deficits and balance the budget. P.L. 2009 c. 571. The reduction in reimbursements for substance abuse treatment facilities was selected by the Legislature after careful consideration, and it will be implemented in a fair and equitable manner. In effecting this legislative mandate, the Department is acting under its emergency rule-making authority, 5 MRSA § 8054. Emergency action is necessary to avoid the disruption of vital health care services to a substantial number of Maine citizens.
The amendments to Ch. III §97 change the method of reimbursing substance abuse treatment facilities from an interim rate/cost-settlement basis to fixed per diem rates depending on the type of service. The new fixed rates are set forth in the regulation, and appropriate, HIPAA compliant billing codes are provided. Ch. II §97 is amended to coordinate with changes to Chapter III regarding the method of reimbursement for these services. Minor revisions are made to the names of some services.
These rules are not expected to have an adverse impact on small businesses, municipalities or counties.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: November 15, 2010
AGENCY CONTACT PERSON: Margaret Brown, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Margaret.E.Brown@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. I Section 1.10-2, Time Limits for Submission of Claims
ADOPTED RULE NUMBER: 2010-580 (EMERGENCY)
CONCISE SUMMARY: Under this emergency rule claims for services provided before September 1, 2010 must be filed by January 31, 2011. This emergency rule only affects Ch. I Sections 1.04 and 1.10-2 of the MaineCare Benefits Manual. Under existing rules, providers have one year from date of service to submit claims for payment. This change shortens that period for services provided prior to September 1, 2010. This emergency rule establishes a January 31, 2011 deadline for submitting claims for services provided before September 1, 2010. The Maine Claims Management System (MECMS) is being decommissioned and will stop accepting claims by January 31, 2011. Providers must submit claims for services provided before September 1, 2010 by January 31, 2011 or they will be unable to recover payment for them. (Claims for services on or after September 1st are being processed by the Maine Integrated Health Management Solutions (MIHMS) system.) Accommodations are made in the rule for claims involving coordination of benefits and retroactive eligibility. Adjustments will continue to be accepted for 120 days from the date of the remittance statement. This emergency rule is being adopted to provide certainty to MaineCare providers regarding the deadline for filing claims so that they can avoid financial uncertainty or loss in order to ensure providers’ ability to provide critical services to MaineCare members.
EFFECTIVE DATE: November 16, 2010.
AGENCY CONTACT PERSON: Michael Dostie, 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: Michael.Dostie@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 1000, State of Maine Guidelines for Municipal Shoreland Zoning Ordinances
ADOPTED RULE NUMBER: 2010-581
CONCISE SUMMARY: The amendments to Ch. 1000 Section 13(A)(l) change the date of the data set used for the purposes of establishing Resource Protection District areas, specifically those adjacent to freshwater wetlands that are rated as moderate or high value waterfowl and wading bird habitat by the Department of Inland Fisheries and Wildlife. The date currently used in this section is May 1, 2006, and the amended date is December 31, 2008. The May 1, 2006 data set contained areas that should not be subjected to resource protection zoning under the criteria of the Ch. 1000, State of Maine Guidelines for Municipal Shoreland Zoning Ordinances. The December 31, 2008 data set published by the Department of Inland Fisheries and Wildlife was developed using new protocol and evaluation methods, which resulted in a better quality-assured process and data set. Most of the municipalities that have recently amended their local shore land zoning ordinances are currently using the 2008 data set. This data set requires less Resource Protection District zoning by municipalities.
EFFECTIVE DATE: November 22, 2010
AGENCY CONTACT PERSON: Mike Morse, Department of Environmental Protection, 312 Canco Road, Portland, Maine 04103. Telephone: (207) 822-6328. E-mail: Michael.J.Morse@Maine.gov
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov