Notices for Week of: FEBRUARY 12, 2004
PROPOSED STATE RULES
By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.
To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible
To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).
Rule on What Constitutes a Vote
Vermont Proposed Rule: 04P003
AGENCY: Secretary of State Administration Elections
CONCISE SUMMARY: The " Rule on What Constitutes A Vote " is intended to assist Vermont's election officials in determining the intent of voters on ballots used in any approved voting system in Vermont's primary and general elections. The rule specifies how election officials will treat certain ambiguous ballot markings, and describes procedures for how election officials will resolve these circumstances.
TYPE OF PERSONS AFFECTED: State and local election officials, boards of civil authority, candidates for State and federal elective offices and Vermont's registered voters.
COST BENEFIT ANALYSIS: The rule is intended to clarify vote counting procedures. Its impact on the cost of counting votes will be minimal.
SCHEDULED HEARINGS: None scheduled
DEADLINE FOR PUBLIC COMMENT: March 11, 2004
FOR FURTHER INFORMATION, CONTACT: William Dalton, 26 Terrace Street, Drawer 09, Montpelier, VT 05609-1101 802-828-2175
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Vermont Elections - Administrative Complaint Procedure
Vermont Proposed Rule: 04P004
AGENCY: Secretary of State Administration Elections
CONCISE SUMMARY: The rule provides both an informal and formal means for persons to complain to the Vermont chief elections official (Secretary of State) concerning allegations of a violation of certain sections of Vermont's election law and/or provisions of Title III of the federal Help America Vote Act of 2002. In general, these sections of election law deal with voting procedures that apply to state-wide and federal primary and general elections.
TYPE OF PERSONS AFFECTED: State and local election officials, boards of civil authority, candidates for state and federal elective offices, registered voters and Vermont citizens.
COST BENEFIT ANALYSIS: The rule will generate no added cost to the conduct of elections if no complaint is filed under the provisions of this rule. If complaints are filed, the primary costs will be born by the Office of the Secretary of State to process complaints, collect information (evidence), issue determinations and establish arbitration panels. Complainants, at their own choosing, may bear costs related to the retention of legal counsel.
SCHEDULED HEARINGS: None scheduled.
DEADLINE FOR PUBLIC COMMENT: March 11, 2004
FOR FURTHER INFORMATION, CONTACT: William Dalton, 26 Terrace Street, Drawer 9, Montpelier, VT 05609-1101 802-828-2175
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Medicaid Payment Rates for Long-Term Care Facilities
Vermont Proposed Rule: 04P005
AGENCY: Human Services, Division of Rate Setting
CONCISE SUMMARY: Hospital-based facilities may delay filing Medicaid cost reports until they have filed their Medicare cost reports. Interest income on working capital will be offset only against working capital interest expense. The cost threshold at which assets or groups of assets must be depreciated will be $1,000. All equipment, whether capitalized, expensed, or rented, will be included in the Property and Related Cost Category. Equipment and vehicles transferred by a sale will be depreciated over eight years. Providers must give 60 days notice before incurring costs of $250,000 or more for a project. The following costs will be included in the Ancillary cost category: transportation costs for Medicaid residents receiving kidney dialysis, all medical supplies irrespective of billing practices. Costs for feeding assistants will be included in the Resident Care cost category. The rule also includes a number of other minor changes and recodifications or clarifications made to reflect existing practice.
TYPE OF PERSONS AFFECTED: The rule will affect persons eligible for long term care under the Medicaid program, the federal government, the State of Vermont, and Vermont nursing facilities participating in the Medicaid program.
COST BENEFIT ANALYSIS: The annual total cost of these changes to the Medicaid program is estimated to be approximately $162,000 per year, or about $62,000 to be paid from State funds and $100,000 from federal funds
SCHEDULED HEARINGS: March 3, 2004, in the Division of Rate Setting Conference Room, Third Floor Ladd Hall, 103 So. Main Street, Waterbury, Vermont, at 2 p.m. Anyone needing special accommodations should contact Monica Buzzell or Martha Ewell, Division of Rate Setting, 103 South Main Street, Waterbury, VT 05671-2201, telephone 241-3530, email: drs@ahs.state.vt.us.
DEADLINE FOR PUBLIC COMMENT: March 10, 2004
FOR FURTHER INFORMATION, CONTACT: Marjorie Power, Esq., Division of Rate Setting, 103 S. Main St., Waterbury, VT 05671, 802-241-3530, Fax 802-241-3586, Email: power@ahs.state.vt.us.
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Administrative Rules for Vermont Tattooists and Body Piercers
Vermont Proposed Rule: 04P006
AGENCY: Secretary of State, Office of Professional Regulations
CONCISE SUMMARY: These rules are the first for the profession of body piercers which have been added to the existing tattooist statutes. The rules address the general licensing provisions for piercers and address newly enacted apprenticeship requirements, infection control procedures and operating standards for both professions.
TYPE OF PERSONS AFFECTED: licensed tattooists applicants for Vermont licensure as tattooists or body piercers — Vermont clients of body piercers and tattooists — jewelry stores — cosmetology shops — Secretary of State's Office of Professional Regulation — Department of Health
COST BENEFIT ANALYSIS: The economic impact of this rule is not significant or quantifiable for the most part. Most tattooists or piercers already comply with these regulations. People who choose to become licensed tattooists or body piercers will have to engage in some form of apprenticeship prior to licensure. This could be a paid or unpaid apprenticeship. Most already do informal apprenticeships to learn the profession. Some practitioners may have to modify their shops or practices to come into compliance but this economic impact is far outweighed by the public safety aspect.
SCHEDULED HEARINGS: March 4, 2004 2:00 PM Office of the Secretary of State 26 Terrace Street, Redstone Building Montpelier Vermont.
DEADLINE FOR PUBLIC COMMENT: March 14, 2004
FOR FURTHER INFORMATION, CONTACT: Loris Rollins, Unit Administrator Secretary of State's Office of Professional Regulation 26 Terrace Street, Drawer 09, Montpelier, VT 05609-1106 Telephone: (802)828-2191Email:
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- If you have general questions about the rulemaking process, please contact
- Louise Corliss by e-mail at or by phone 802-828-2863
