May 25, 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: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 13, Qualifying Examinations of Teachers, Educational Specialists and Administrators
PROPOSED RULE NUMBER: 2011-P44
CONTACT PERSON FOR THIS FILING: Mark A. Cyr, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6855. E-mail: Mark.Cyr@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: Monday, June 13, 2011, 11:00 a.m. – 12:00 p.m., Room 500, Cross State Office Building, Augusta
COMMENT DEADLINE: June 24, 2011, 5:00 p.m.
BRIEF SUMMARY: The current language of Ch. 13 includes a table listing all required tests and qualifying scores. As a result, Ch. 13 must be opened every year to accommodate changes to the 5-10 tests that are revised by ETS each year. This proposed change eliminates the table and other references to most specific tests and scores and refers constituents to the ETS website for Maine requirements or the Certification Office of the Maine Department of Education for the necessary information. This would allow the State Board of Education to review and approve yearly changes and then direct the Coordinator of Certification to make necessary updates to the ETS website, evaluation letters, and other information provided to applicants by the Certification Office.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA §§ 13031-13038 and 13035-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/education/index.shtml
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov


AGENCY: 94-649 - Maine Commission on Indigent Legal Services (MCILS)
CHAPTER NUMBER AND TITLE: Ch. 201, Appeals of Decisions of the Executive Director
PROPOSED RULE NUMBER: 2011-P45
BRIEF SUMMARY: This rule establishes the process for an appeal of a decision of the Executive Director.
DETAILED BASIS STATEMENT / SUMMARY: This rule establishes the process for an appeal of a decision of the Executive Director to the Commissioners of the Commission on Indigent Legal Services pursuant to 4 MRS §1804(3)(J). It provides for the appointment by the Commission Chair of a Presiding Officer to conduct an appeal process and to prepare a recommended decision for consideration and action by the Commission.
STATUTORY AUTHORITY: 4 MRSA §1804(3)(j) and (4)(D)
CHAPTER NUMBER AND TITLE: Ch. 301, Fee Schedule and Administrative Procedures for Payment of Commission Assigned Counsel
PROPOSED RULE NUMBER: 2011-P46
BRIEF SUMMARY: This rule establishes a fee schedule and administrative procedures for payment of Commission assigned counsel.
DETAILED BASIS STATEMENT / SUMMARY: This rule establishes a fee schedule and administrative procedures for payment of Commission assigned counsel. The Chapter sets a standard hourly rate and maximum fee amounts for specific case types. The Chapter also establishes rules for the payment of mileage and other expenses that are eligible for reimbursement by the Commission. Finally, this Chapter requires that, unless an attorney has received prior authorization to do otherwise, all vouchers must be submitted using the MCILS electronic case management system.
STATUTORY AUTHORITY: 4 MRSA §§ 1804(2)(F), (3)(B), (3)(F) and (4)(D)
CHAPTER NUMBER AND TITLE: Ch. 302, Procedures Regarding Funds for Experts and Investigators
PROPOSED RULE NUMBER: 2011-P47
BRIEF SUMMARY: This rule establishes the procedures for attorneys and pro se defendants to request funds for experts and investigators and establishes the procedures for payment of expert and investigator services.
DETAILED BASIS STATEMENT / SUMMARY: This Chapter establishes the procedures for attorneys and pro se defendants to request funds for experts and investigators from the Commission and provides that the Executive Director shall make the determination to grant or deny the request. It also establishes the procedures for payment of expert and investigator services authorized in this Chapter.
STATUTORY AUTHORITY: 4 MRSA §§ 1804(2)(G), (3)(A) and (4)(D)
PUBLIC HEARING: June 14, 2001 – 9:00 a.m. – DOC Conference Room, 32 Blossom Lane, Marquardt Building 3rd Floor, North Wing, Augusta, Maine
COMMENT DEADLINE: June 24, 2011
CONTACT PERSON: Jennifer M. Smith, MCILS Rule-Making Liaison, 154 State House Station, Augusta, ME 04333. Telephone: (207) 287-3257. Fax: (207) 287-3293. E-mail: Jennifer.M.Smith@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
IMPACT ON MUNICIPALITIES OR COUNTIES: None
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mcils/

ADOPTIONS


AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amend and Repeal and Replace Portions of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 14, Commercial Whitewater Rafting
ADOPTED RULE NUMBER: 2011-155
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing an order of launch for commercial whitewater rafting for 2011.
STATUTORY AUTHORITY: 12 MRSA §§ 12909, 12910, 12913
EFFECTIVE DATE: May 17, 2011
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/


AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 131, The Maine Federal, State and Local Accountability Standards
ADOPTED RULE NUMBER: 2011-156 (Final adoption, major substantive)
CONCISE SUMMARY: Ch. 131: The Maine Federal, State and Local Accountability Standards, a Major Substantive Rule of the Department of Education, is being amended pursuant to PL 2009, Ch. 647. This rulemaking makes amendments to Ch.°131 to accommodate and implement the Common Core State Standards in English language arts and mathematics for kindergarten to grade 12 beginning 2012 through 2013.
EFFECTIVE DATE: June 15, 2011
AGENCY CONTACT PERSON: Wanda Monthey / Jaci Holmes, Maine Department of Education, 23 State House Station, Augusta, Maine 04333-0023. Telephone: (207) 624-6831 / (207) 624-6669. E-mail: Wanda.Monthey@Maine.gov; Jaci.Holmes@Maine.gov .
WEBSITE: http://www.maine.gov/education/index.shtml
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .


AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND RULE TITLE: Ch. 241, Uniform Reporting System for Hospital Inpatient Data Sets and Hospital Outpatient Data Sets
ADOPTED RULE NUMBER: 2011-157
CONCISE SUMMARY: This rule change eliminates the option of filing data files to the MHDO in diskette, CD-ROM or DVD media. It also removes language referencing the UPIN (Universal Physician Identifier) for central registry for health professionals and eliminates the need for MHDO to assign a unique code number to a new physician or other health care provider granted staff privileges at the hospital. 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: May 21, 2011
AGENCY CONTACT PERSON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6724. E-mail: Debra.J.Dodge@Maine.gov .
WEBSITE: http://mhdo.maine.gov/imhdo/