December 21, 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: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 50, Principles of Reimbursement for Intermediate Care Facilities for the Mentally Retarded (ICF-MR) Services
PROPOSED RULE NUMBER: 2011-P262
CONCISE SUMMARY: The Legislature amended 36 MRSA 2872, by increasing the tax on ICF-MRs from 5.5% to 6%, effective October 1, 2011. P.L. 2011, ch. 411. This rule proposes to change ICF MR reimbursement to allow reimbursement of the 6% tax, subject to CMS approval. This rule has a retroactive application with an effective date of October 1, 2011, which is authorized under 22 MRSA Sec. 42(8) because this rule amendment will benefit providers, by increasing their reimbursement.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. §§ 42, 3173, 22 MRSA Sec. 42(8)
PUBLIC HEARING: January 9, 2012, 9:00 a.m., Conference Room # 1A & 1B, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before January 2, 2012.
DEADLINE FOR COMMENTS: Comments must be received by midnight January 19, 2012.
AGENCY CONTACT PERSON: Jamie L. Paul, Comprehensive Health Planner II, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-4460. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Jamie.L.Paul@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/

ADOPTIONS


AGENCY: 02-031 � Department of Professional and Financial Regulation (P&FR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 680, Medical Liability Demonstration Project
ADOPTED RULE NUMBER: 2011-433 (Repeal)
CONCISE SUMMARY: This rule-making repeals the existing rule.
CHAPTER NUMBER AND TITLE: Ch. 690, 24 Hour Coverage Pilot Project
ADOPTED RULE NUMBER: 2011-434 (Repeal)
CONCISE SUMMARY: This rule-making repeals the existing rule.
EFFECTIVE DATE: December 20, 2011
AGENCY CONTACT PERSON: Thomas Record, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8424. E-mail: Thomas.M.Record@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 410, Maine Solid Waste Management Rules: Composting Facilities
ADOPTED RULE NUMBER: 2011-435
CONCISE SUMMARY: As required by PL 2011 Ch. 60 (LD 969), the Department of Environmental Protection has adopted changes to the Maine Solid Waste Management Rules: Composting Facilities, 06-096 CMR 410. The revisions increase the exemption thresholds for the volume of Type IB and Type IC residuals composted by a farm in any 30-day period from 30 cubic yards to 60 cubic yards as long as the farm is operated in accordance with a compost management plan approved by the Department of Agriculture, Food and Rural Resources (DAFRR).
EFFECTIVE DATE: December 20, 2011
AGENCY CONTACT PERSON: Carla J. Hopkins, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 215-3314. E-mail: Carla.J.Hopkins@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


AGENCY: 02-658 - Maine Fuel Board
CHAPTER NUMBERS AND TITLES:
Ch. 101, Definitions
Ch. 102, Advisory Rulings
Ch. 103, Categories and Responsibilities of Licensure
Ch. 104, Qualifications for Licensure
Ch. 105, Use of Other License Authorities
Ch. 107, Adoption of Standards and Rules
Ch. 108, Modification of Standards
Ch. 109, Installation of Oil Burning Equipment
Ch. 110, Installation of Solid Fuel Burning Equipment
Ch. 111, Chimneys
Ch. 113, Installation of Waste Oil Appliances and Waste Oil Supply Tanks
Ch. 115, Denial Appeals
Ch. 201, Definitions
Ch. 202, General information
Ch. 203, Licensure/Registration Requirements
Ch. 204, Examination Requirements
Ch. 205, Installation Standards
Ch. 206, Complaints, Investigations and Adjudicatory Hearings
Ch. 208, Permits for Aboveground and Underground Propane and Natural Gas Storage Facilities and Rooftop Installations
Ch. 209, Modification of Standards
ADOPTED RULE NUMBERS: 2011-436 thru 455
CONCISE SUMMARY: The board adopted new Ch. 110 as a replacement for Ch. 10 of the former Oil and Solid Fuel Board. The most significant change in Ch. 110 is the addition of Section 14, which deals with solid fuel conversion burners. A requirement for a heat loss or load calculation was also added. The other chapters adopted by the board were carried forward from the former Oil and Solid Fuel Board and former Propane and Natural Gas Board without substantive change.
EFFECTIVE DATE: December 20, 2011
AGENCY CONTACT PERSON: Cheryl Hersom, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. E-mail: Cheryl.S.Hersom@Maine.gov .
WEBSITE: http://maine.gov/pfr/professionallicensing/professions/fuel/index.htm .
DEPARTMENTAL RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .