VSARA
Secretary of State Office
1078 U.S. Rte. 2, Middlesex
Montpelier, Vt.
05633-7701
Contact Information
Notices for Week of: May 29, 2008

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).


Rules Renumbering, Renaming, and Reorganizing

Vermont Proposed Rule: 08P016

AGENCY: Human Services

CONCISE SUMMARY: To prepare for the implementation of an agency document management system that will make rules searchable and available online, this rule proposes to: assign new numbers to almost all rules used to administer assistance programs by the Economic Services Division of the Vermont Department for Children and Families and the Office of Vermont Health Access; remove rule numbers with no rules associated with them; reorganize the rules assigned to the rule sets, All Programs and Reach Up Eligibility, to improve their logical sequence and remove rules with content duplicated elsewhere in rules; make a correction to an cross-reference in a Reach First rule issued in Bulletin 08-02, and remove two pages inadvertently omitted from the manual maintenance section of that bulletin; and move a paragraph in VHAP rules dealing with the pursuit of potential sources of unearned income from one section to another section, where it more logically belongs.

TYPE OF PERSONS AFFECTED: Economic Services Division of the Vermont Department of Children and Families, Office of Vermont Health Access.

COST BENEFIT ANALYSIS: Negligible.

SCHEDULED HEARINGS: June 16, 2008 at 11:00 a.m., Department of Children and Families Commissioner's Conference Room, 5 North, Waterbury Office Complex, Waterbury, VT.

DEADLINE FOR PUBLIC COMMENT: June 23, 2008

FOR FURTHER INFORMATION, CONTACT: For copies of the rule and other questions about the rule: www.dsw.state.vt.us/rulechange.htm or contact Roxanne Doty at (802) 241-2937; roxanne.doty@ahs.state.vt.us;  Department of Children and Families, 5 North, 103 South Main Street, Waterbury, VT 05671-5920 Fax: (802) 241-2980.

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Methods, Standards and Principles for Establishing Payment Rates for Private Nonmedical Institutions Providing Residential Child Care Services (PNMI)

Vermont Proposed Rule: 08P017

AGENCY: Human Services

CONCISE SUMMARY: This rule is intended to simplify the rate setting process for both the PNMI providers and the State for state fiscal year 2009 while new PNMI rate setting methodologies are considered and implemented with the goal of applying these new methodologies to PNMI rates as of July 1, 2009. This transitional rule increases provider per diem rates for state fiscal year 2009 by 3.75 percent from the prior year's final per diem rate, eliminates the PNMI funding application process for one year, brings all providers onto a state fiscal year rate cycle, expands Section 8 rate adjustment provisions for state fiscal year 2009 and changes the rate setting methodology for short-term crisis programs with stays averaging ten days or less to ensure that these providers receive adequate funding for their programs.

TYPE OF PERSONS AFFECTED: The rule will affect the federal government, State of Vermont and residential child care facilities participating in the Medicaid program. It is not expected to have any direct effect on residents of the residential child care facilities.

COST BENEFIT ANALYSIS: The rule will standardize the increase in reimbursement to PNMI providers to 3.75 percent, but it is not expected to change the aggregate amount that would otherwise be paid for PNMI programs under the current rate setting methodology.

SCHEDULED HEARINGS: No hearing has been scheduled.

DEADLINE FOR PUBLIC COMMENT: June 19, 2008.

FOR FURTHER INFORMATION, CONTACT: Leslie Wisdom, AHS, Division of Rate Setting, Ladd Hall, 3rd Floor, 103 South Main Street, Waterbury, VT 05671-2201 (802) 241-4544 leslie.wisdom@ahs.state.vt.us

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Big Game; Tagging

Vermont Proposed Rule: 08P018

AGENCY: Natural Resources, Fish & Wildlife Dept.

CONCISE SUMMARY: This proposed rule amends 10 V.S.A. Appendix 2a. (Fish and Wildlife rule # 957). This amendment will reflect the statute changes referenced in Appendix 2a that have been suspended.

TYPE OF PERSONS AFFECTED: This rule has been in effect for over 40 years, big game hunters are accustomed to the requirement to tag big game, this amendment will not change the tagging requirement.

COST BENEFIT ANALYSIS: No economic impact.

SCHEDULED HEARINGS: No public hearings scheduled.

DEADLINE FOR PUBLIC COMMENT: June 19, 2008

FOR FURTHER INFORMATION, CONTACT: Col. Robert Rooks, VT Fish & Wildlife Board, 103 South Main Street, Waterbury, VT 05671 (802) 241-3727

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Deer Management Rule 2008, Regulation #911

Vermont Proposed Rule: 08P019

AGENCY: Natural Resources, Fish & Wildlife Dept.

CONCISE SUMMARY: The rule is intended to facilitate the scientific management of Vermont's white-tailed deer resource. Antlerless deer permits allow for the regulated harvest of female and fawn deer. By doing so the Department is able to maintain the size of the deer population at a level that is both ecologically consistent with long-term forest habitat health and provide the people of Vermont with a satisfactory level of deer related activity (e.g., hunting and viewing).

TYPE OF PERSONS AFFECTED: Hunters, landowners, hunting equipment and supplies merchants, general store owners, lodging owners, F&W Department personnel, travel and tourism personnel, professional foresters, birding organizations, and hunting clubs.

COST BENEFIT ANALYSIS: Antlerless permits allow the hunter more opportunity to harvest a deer and consequently increase the number of days a person is likely to spend afield. As days afield increase so do the expenditures of each individual hunter. This rule will also indirectly allow economic benefits from dollars spent by hunters at various stores, restaurants, and lodging facilities in Vermont.

SCHEDULED HEARINGS: In accordance with 10 V.S.A. §4081(f), five regional meetings were held in Springfield, March 19, 2008; East Montpelier, March 20, 2008; Bennington, March 21, 2008; Orleans, March 25, 2008; St. Albans, March 27, 2008; about 300 people attended the meetings. No other public meeting is scheduled at this time.

DEADLINE FOR PUBLIC COMMENT: June 28, 2008

FOR FURTHER INFORMATION, CONTACT: Shawn Haskell, Vermont Department of Fish and Wildlife, 1229 Portland Street, Suite 201, St. Johnsbury, VT 05819 (802) 751-2647

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Deer Management Rule 2008, Regulation #1502

Vermont Proposed Rule: 08P020

AGENCY: Natural Resources, Fish & Wildlife Dept.

CONCISE SUMMARY: This rule is intended to facilitate the scientific management of Vermont's white-tailed deer resource. Deer permits allow for the regulated harvest of deer. By doing so the state is able to maintain the size of the deer population at a level that is both ecologically consistent with long-term forest habitat health and provide the people of Vermont with a satisfactory level of deer related activity (e.g., hunting and viewing).

TYPE OF PERSONS AFFECTED: Hunters, landowners, hunting equipment and supplies merchants, general store owners, lodging owners, F&W Department personnel, travel and tourism personnel, professional foresters, birding organizations, and hunting clubs.

COST BENEFIT ANALYSIS: Economic studies conducted by the US Fish and Wildlife Service in 2006 documented $44,115,123 in total economic benefits from deer hunting in Vermont. The Department of Fish and Wildlife will incur approximately $85,000 in printing, licensing, education, and law enforcement costs associated with deer hunting. The Department will receive approximately $3.1 million dollars in license fees and revenues.

SCHEDULED HEARINGS: In accordance with 10 V.S.A. §4081(f), five regional deer meetings were held in Springfield, March 19, 2008; East Montpelier, March 20, 2008; Bennington, March 21, 2008; Orleans, March 25, 2008; St. Albans, March 27, 2008; about 300 people attended the meetings. No other public meeting is scheduled at this time.

DEADLINE FOR PUBLIC COMMENT: June 28, 2008

FOR FURTHER INFORMATION, CONTACT: Shawn Haskell, Vermont Department of Fish and Wildlife, 1229 Portland Street, Suite 201, St. Johnsbury, VT 05819 (802) 751-2647


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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
This page was last updated on: 2008-05-20.