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January 7, 1998
Rule-Making Notice

as it appears in 5 daily Maine newspapers


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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS
AGENCY: 04-058 - Department of Conservation, Bureau of Forestry, Forest Fire Control
RULE TITLE OR SUBJECT: Ch. 5, Exemptions to Fireplace and Outdoor Grill Ban during Governor Proclamation Banning Out-of-Door Fires; Exemptions to Fireplace and Outdoor Grill Permit Requirements during Non-Ban Periods.
PROPOSED RULE NUMBER: 97-P290
CONCISE SUMMARY: This proposed rule establishes the requirements and process that licensed camping facilities and public campsites follow to obtain a certificate from Bureau of Forestry allowing the facility to continue open fires in fireplaces and outdoor grills during a Governor declared proclamation banning out-of-door fires (if proclamation permits exemptions). The proposed rule also establishes the requirements and process that non-residential facilities follow to obtain an exemption from fire permit requirements for fireplaces and outdoor grills when ban is not in place (most of the time). The proposed rule replaces existing Chapter 5, Operation of Commercial Campsites during Governor's Proclamation of Fire Danger.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 9001-B.
PUBLIC HEARING: None Scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 9, 1998
AGENCY CONTACT PERSON: Tom Parent, State Supervisor of Forest Fire Control Operations, Statehouse Station #22, Augusta, ME 04333
PHONE: 207-287-4990

AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources

RULE TITLE OR SUBJECT: Ch. 32, Rules for Operation of the Agricultural Marketing Loan Fund, Amendment 1
PROPOSED RULE NUMBER: 97-P291
CONCISE SUMMARY: This amendment changes the definition of "private funds," which are required to be contributed by the applicant as part of the total project financing, to specifically include loan proceeds from subordinated loans or loans secured by non-project assets, as well as the value of services contributed to the project by the applicant. The amendment also adds a provision allowing initial payments on certain small loans to be deferred, provided certain criteria are met. Finally, the amendment expands the eligibility requirements for research grants through the Technology Transfer Program and Agricultural Market Research and Development Fund, to include certain research projects related to establishing new markets for products of agricultural enterprises.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 12, 437
PUBLIC HEARING: January 27, 1998, 3:00 p.m., Augusta Civic Center, Fort Western Room, Civic Center Drive, Augusta, Maine

RULE TITLE OR SUBJECT: Ch. 31, Potato Market Improvement Loan Fund, Amendment 1
PROPOSED RULE NUMBER: 97-P292
CONCISE SUMMARY: This amendment is to clarify some language, and to insert a limitation of a borrower's total outstanding participation to ten percent of the program's total outstanding loans or grants and no more than fifty percent of available funds in any given calendar year. In addition, language was added to make clear that the Commissioner's approval of a project in the context of a loan application should no way be interpreted as a representation of the quality of the plans and specifications, or of the project, completed in accordance with the plans and specifications. Finally, the language was added to reflect the current practice estimating the amounts to be available in a calendar year for new loans and grants, at the beginning of the year.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 12, 974
PUBLIC HEARING: January 27, 1998, 4:00 p.m., Augusta Civic Center, Fort Western Room, Civic Center Drive, Augusta, Maine

DEADLINE FOR COMMENTS: Written comments are requested on or before January 27, 1998, but will be accepted on or before February 9, 1998. Oral comments or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: John R. Harker, Program Development Officer, Division of Market & Production Development
AGENCY: Department of Agriculture
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207)287-3871


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #332 Maine Medicaid Eligibility Manual - SSI COLA Increase - 1998
ADOPTED RULE NUMBER: 97-434
CONCISE SUMMARY: As of 1/1 /98, this rule, which shows a 2.1 % COLA increase in SSI benefits, changes the following monthly income amounts used in Medicaid: (1) the income limit for Home Based Waivers, Katy Beckett coverage and the categorical income limit for nursing care is changed from $1452 to $1482. (2) The income limit for the State Supplement for an individual living at home changes from $494 to $504 and for a couple, the change is from $741 to $756.
EFFECTIVE DATE: January 3, 1998
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #332 Medicaid eligibility Manual - Income and Asset Exclusion for AFDC-Related Medicaid
ADOPTED RULE NUMBER: 97-435
CONCISE SUMMARY: This changes AFDC-related Medicaid rules to be consistent with recent changes in TANF. It increases the income and assets excluded in determining eligibility. This rule replaces the amendment filed in October by including the pages which were missing from the October amendment.
EFFECTIVE DATE: January 3, 1997
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY: Department of Human Services, Bureau of Family Independence
11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 02-582 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Propane and Natural Gas Board
CHAPTER NUMBER AND TITLE:
Ch. 1 - Definitions
Ch. 3 - Licensure/Registration Requirements
Ch. 4 - Examination Requirements
Ch. 5 - Installation Standards
Ch. 6 - Complaints, Investigations and Adjudicatory Hearings
Ch. 7 - Fees
Repeal Ch. 8 - Fees
ADOPTED RULE NUMBER: 97-436 through 97-443
CONCISE SUMMARY: The Board is amending its rules to clarify the wording of the law and further clarify statutory definitions. The proposed rule changes better clarify licensure/registration and examination requirements. The proposed rules outline the licensure requirements for helpers. The proposed rules also repeal the tagging of vented equipment requirement. The rules update the editions of the National Fire Protection Standards. The proposed rules add the fee for helper licenses as well as penalty fees for late renewal.
EFFECTIVE DATE: January 4, 1998
AGENCY CONTACT PERSON: Cheryl Hersom, Board Administrator, Office of Licensing and Registration
ADDRESS: 35 State House Station Augusta, ME 04333
PHONE NUMBER: 207/624-8605


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