December 17, 2014

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/index.html. There is also a list of rule-making liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 02-373 - Department of Professional and Financial Regulation (PFR), Board of Licensure in Medicine
CHAPTER NUMBER AND TITLE: Ch. 4, Rules for the Issuance of Citations
PROPOSED RULE NUMBER: 2014-P267
BRIEF SUMMARY: Ch. 4 lists the violations for which a citation and administrative fine may be issued, describes the licensee’s right to request a hearing, and describes the time and manner in which the fine must be paid. Section 2 specifies the Board may issue a complaint charging unprofessional conduct and states that administrative fines are not reportable to any databanks. The proposed amendment includes additional bases for issuing citations.
PUBLIC HEARING: None planned
COMMENT DEADLINE: January 26, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Timothy E. Terranova, 137 State House Station, Augusta, ME 04333. Telephone: (207) 287-6930. E-mail: Tim.E.Terranova@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 10 M.R.S. §8003-E, 32 M.R.S. §3269(7)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
WEBSITE: http://www.docboard.org/me/me_home.htm .
BOARD RULE-MAKING LIAISON: Maureen.S.Lathrop@Maine.gov .


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 24, Licensed Guides
PROPOSED RULE NUMBER: 2014-P268
BRIEF SUMMARY: The Department is proposing to amend rules as they pertain to licensed guides to include a requirement for those who guide standup paddle boarders in Maine. In addition to other recreational sports, those receiving remuneration for trips involving standup paddle boards will be required to hold a valid guides license. The rule will apply to guided paddle sports both on inland and tidal waters. Please contact the agency rule-making contact person above for a complete copy of the proposed rule.
PUBLIC HEARING: None scheduled – one may be requested
COMMENT DEADLINE: January 16, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §12851
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 19, Home and Community Benefits for the Elderly and for Adults with Disabilities
ADOPTED RULE NUMBER: 2014-286
CONCISE SUMMARY: This rule is being adopted in order to comply with Resolve 2011, ch. 71. This rule blends services from Sections 19 and Section 22, “Home and Community Benefits for the Physically Disabled” and was proposed simultaneously with the repeal of Section 22. These changes are subject to CMS approval, and a waiver amendment was submitted March 14, 2014.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: December 15, 2014
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6931. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .