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January 2, 2002
as posted in 5 daily Maine newspapers
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NOTICE 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 World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.
PROPOSALS
AGENCY: 07-105
- State Planning Office
RULE TITLE OR SUBJECT: Ch. (New), Methodology for Identification
of Regional Service Centers
PROPOSED RULE NUMBER: 2001-P317
CONCISE SUMMARY: This proposed rule details the method that the State
Planning Office will use to identify Maine's "service center communities"
in accordance with 30-A MRSA §4301-A, sub-§14-A. In the rule, the term
"regional service centers" is used for service center communities in
order to reflect their varied economic and social significance for neighboring
communities. Regional service centers are the cities and towns to which
many people in neighboring communities come to work, shop, or seek public
housing or other government services. In accordance with the law directing
the adoption of this rule, the State Planning Office will look at factors
related to the types and number of jobs available in a community as
well as the amount of retail sales and federally assisted housing in
a community, in deciding whether a city or town is a regional service
center. Regional service center communities are eligible for priority
or preference in decisions to award certain state grants and loans.
These state grants and loans include funds provided by the Maine Department
of Economic and Community Development's Municipal Investment Trust Fund
and Community Development Block Grant program, and local assistance
provided by the State Planning Office.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA §4301, sub-§14-A (enacted by PL 2001
c.90, §1)
PUBLIC HEARINGS:
The State Planning Office will hold four public hearings on the proposed
rule:
January 22nd, 2002 at 1 p.m. to 3 p.m. in the Council Room at Presque
Isle City Hall, 12 Second St.;
January 23rd, 2002 at 10 a.m. to noon at Bangor Public Library Lecture
Hall, 145 Harlow Street;
January 24th, 2002 at 1 p.m. to 3 p.m. at the State Planning Office,
184 State Street, Augusta; and
January 25th, 2002 at 10 a.m. to noon in Room 241, Luther Bonney Hall,
Gorham Campus, USM
DEADLINE FOR COMMENTS: Written comments must be received no later than
Tuesday, February 5th, 2002. Written comments may be sent to: Maine
State Planning Office, 38 State House Station, Augusta, Maine 04333.
AGENCY CONTACT PERSON: John DelVecchio
AGENCY NAME: Maine State Planning Office
ADDRESS: 38 State House Station, Augusta, ME 04260
TELEPHONE: (207) 287-8058
AGENCY: 05-071
- Department of Education
RULE TITLE OR SUBJECT: Ch. 127, Instructional Program, Assessment,
and Diploma Requirements
PROPOSED RULE NUMBER: 2001-P318
CONCISE SUMMARY: This rule applies to all public schools and to schools
that are approved by the Department of Education. The rule clarifies
instructional program requirements in alignment with the system of Learning
Results. It establishes standards for local assessment systems to measure
student and school performance on the content standards of the system
of Learning Results. It specifies the timelines for implementation of
local assessment systems. Finally, it specifies the requirements for
school administrative units to award a diploma to a student upon completion
of secondary school.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §6211
PUBLIC HEARING: Tuesday, January 22, 2002, 2:30 to 4:30 p.m., Room 103,
Burton M. Cross State Office Building. Note: individuals can participate
in the hearing simultaneously using the Department's Distance Learning
Network from the following locations:
Gorham High School, Room 116
Bangor Public Library, ATM Room
Presque Isle High School, Room 409
DEADLINE FOR COMMENTS: Written comments must be received in the Department
of Education by 5 p.m. Friday, February 1, 2002. This can be accomplished
by:
Delivering them to the receptionist on the 5th floor of the Burton Cross
State Office Building
Mailing them to Dr. Judith Lucarelli, Deputy Commissioner, 23 State
House Station, Augusta, ME 04333-0023
Faxing them to Dr. Judith Lucarelli, Deputy Commissioner, (207) 624-6601
E-mailing them to judy.lucarelli@maine.gov
AGENCY CONTACT PERSON:
AGENCY NAME: Dr. Judith Lucarelli
ADDRESS: Department of Education, 23 State House Station, Augusta, ME
04333-0023
TELEPHONE: (207) 624-6620
AGENCY: 10-144
- Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF)
- TANF Benefit Package (Rev. 58-P)
PROPOSED RULE NUMBER: 2001-P319
CONCISE SUMMARY: This rule allows TANF working families to receive a
benefit package, which consists of a basic TANF benefit and child care
benefits. Furthermore, the rule provides families a choice to receive
the payment directly or to have a portion of their benefit package mailed
to their child care provider directly.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 3741/3762
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: February 4, 2002
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department
of Human Services, Bureau of Family Independence, State House Station
#11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5089
TTY: (207) 287-6948
AGENCY: 02-031
- Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Proposed Amendments to Ch. 530, Provisional
Medical or Disability Payments to Workers' Compensation Claimants
PROPOSED RULE NUMBER: 2001-P320
CONCISE SUMMARY: This Rule establishes procedural requirements governing
the payment of medical and disability benefits by health, disability,
and workers' compensation insurance companies so that injured workers
whose workers' compensation claims have been controverted and who are
awaiting Workers' Compensation Board determinations shall not incur
any unnecessary financial burden.
'THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This Rule is adopted by the Superintendent of Insurance,
after consultation with the chair of the Workers' Compensation Board,
pursuant to 39-A MRSA §222(3) and 24-A MRSA §212.
PUBLIC HEARING: A public hearing will be held on January 24, 2002 at
9:00 a.m. in the Kennebec Room of the Department of Professional & Financial
Regulation building located at 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: February 4, 2002
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34
State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8460
ADOPTIONS
AGENCY: 09-137
- Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 25, Maine Outdoor Heritage Fund -
Strategic Plan
ADOPTED RULE NUMBER: 2001-537
CONCISE SUMMARY: The Maine Outdoor Heritage Fund Board has adopted changes
to its strategic plan including: greater detail on what constitutes
match on grant applications, and reference that environmental monitoring
projects and agricultural lands containing wildlife or public recreational
values are eligible for funding from the Fund. These amendments are
adopted to expand the types of projects eligible for funding from the
Heritage Fund, to clarify how match is calculated by the Board, and
to increase competition by soliciting a greater number of grant applications.
EFFECTIVE DATE: December 25, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife,
41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
AGENCY: 15-215
- Department of Defense, Veterans and Emergency Management Bureau of
Maine Veterans' Services
CHAPTER NUMBER AND TITLE: Ch. 439, Rules for Administering Veterans
Financial Assistance
ADOPTED RULE NUMBER: 2001-538
CONCISE SUMMARY: The Department has adopted this rule for administering
a temporary financial and emergency assistance program for veterans
in the State of Maine in accordance with Ch. 439, Public Law, Part QQ-2,
Title 37-B MRSA §505, sub-§l-A.
EFFECTIVE DATE: December 25, 2001
AGENCY CONTACT PERSON: Frank Soares, Director
AGENCY NAME: Bureau of Maine Veterans' Services
ADDRESS: 117 State House Station, Augusta, ME 04333-0117
TELEPHONE: (207) 626-4464
AGENCY: 10-144
- Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 351, Maine Child Support Enforcement
Manual
ADOPTED RULE NUMBER: 2001-539
CONCISE SUMMARY: The rule implements the changes made to child support
law in P.L. 2001, c.264, adds the updated Child Support Table and reflects
to recodification of family law from Title 19 to Title 19-A.
EFFECTIVE DATE: December 26, 2001
AGENCY CONTACT PERSON: Debby Willis, Legal Counsel, Division of Support
Enforcement and Recovery, Department of Human Services, Bureau of Family
Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5095
TTY: (207) 287-6948 (Deaf/Hard of Hearing)
AGENCY: 01-015
- Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices -
Order #01-02
ADOPTED RULE NUMBER: 2001-540
CONCISE SUMMARY: Minimum January, 2002 Class I price is $15.21plus $.15/cwt.
Producer Cost of Production and an over order premium of $1.00/cwt.
as being prevailing in southern New England for a total of $16.36. Class
II minimums set at $12.93 which includes $.15/cwt. for Cost of Production.
These changes were passed on in minimum prices.
Minimum Prices can be found at http://www.maine.gov/agriculture/ahi/milk/homepage.html
EFFECTIVE DATE: January 1, 2002
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission,
Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741
AGENCY: 02-298
- Department of Professional and Financial Regulation, Office of Licensing
and Registration, Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 240, Standards of Professional
Practice
ADOPTED RULE NUMBER: 2001-541
CONCISE SUMMARY: The amendment to Ch. 240 identifies the current edition
of the standards of professional practice with which real estate appraisers
shall comply.
EFFECTIVE DATE: January 1, 2002
AGENCY CONTACT PERSON: Carol J. Leighton, Administrator
AGENCY NAME: Department of Professional and Financial Regulation, Office
of Licensing and Registration, Board of Real Estate Appraisers
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8520
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