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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/624-7650
FAX 207/287-6545

January 17, 2001
as posted 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 adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - SSI COLA Increase - 2001
PROPOSED RULE NUMBER: 2000-P290
CONCISE SUMMARY: As of 1/1/01, this rule, which shows a 3.5% COLA increase in SSI benefits, changes the following monthly income amounts used in Medicaid: (1) The monthly income limit for Home Based Waivers, Katy Beckett coverage and the categorical income limit for nursing care is changed from $1,536 to $1,590. (2) The income limit for the State Supplement for an individual living at home changes for $522 to $540 and for a couple, the change is from $784 to $811. Also, as of 1/1/01, this rule increases the amount of protected assets for the community spouse of a nursing home applicant. The new amount of $87,000. The maximum monthly income allocation to be community spouse from the nursing home applicant increases to $2,175. The Q1 2 payment for 2001 will be $34.08 for 1 person, $74.16 for 2.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: February 9, 2001
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 02-298 - Department of Professional and Financial Regulation, Board of Real Estate Appraisers
RULE TITLE OR SUBJECT: Ch. 240, Standards of Professional Practice
PROPOSED RULE NUMBER: 2001-P4
CONCISE SUMMARY: The amendment to Ch. 240 identifies the current edition of the standards of professional practice with which licensees shall comply.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 MRSA c. 124 14012
PUBLIC HEARING: February 6, 2001, 9:30 a.m., Androscoggin Room, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: February 16, 2001
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 231, State of Maine Rules Relating to Drinking Water
PROPOSED RULE NUMBER: 2001-P5
CONCISE SUMMARY The changes to the State of Maine Rules Relating to Drinking Water involve updating the specific rule sections to coincide with the changes mandated by the Federal Safe Drinking Water Act and the changes made to Maine Statute.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 601, Subchapter I, 2605
PUBLIC HEARING: February 9, 2001, from 1.00 p.m.- 3:00 p.m., at the Maine Department of Transportation, Capitol Street, Augusta.
DEADLINE FOR COMMENTS: February 22, 2001
AGENCY CONTACT PERSON: Ebrahim Habib
AGENCY NAME: Drinking Water Program
ADDRESS: 10 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-6471
TYY: 207-287-2070


AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Ch. 20, Amended Statement for Administering the 2001 Community Development Block Grant Program
PROPOSED RULE NUMBER: 2001-P6
CONCISE SUMMARY: This amended rule will allow the DECD to allocate the federal funds in accordance with the Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of Maine's Community Development Block Grant Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13058, Sub- 3
PUBLIC HEARING: February 7, 2001, 10:00 a.m., Conference Room, Office of Community Development, 33 Stone Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: February 20, 2001 at 4:00 p.m.
AGENCY CONTACT PERSON: Orman Whitcomb, CDBG Program Manager
AGENCY NAME: Office of Community Development
ADDRESS: DECD/OCD, 33 Stone Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: 287-8485


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 32.30, Elver Fishing License Lottery
PROPOSED RULE NUMBER: 2001-P7
CONCISE SUMMARY: The proposed regulation would establish a lottery system for the awarding of elver fishing licenses to persons who did not possess an elver-harvesting license in the previous calendar year. This regulation is designed to fulfill the legislative mandate of 12 MRSA 6505-A(2-A)(B).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6505-A(2-A)(B)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, February 16, 2001
AGENCY CONTACT PERSON: Gail Wippelhauser
MAIL WRITTEN COMMENTS TO: c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 624-6349
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
PROPOSED RULE NUMBER: 2001-P8
CONCISE SUMMARY: Ch. 1 provides definitions for direct-care providers and direct care. Direct-care providers means Registered Nurses, Licensed Practical Nurses, and Certified Nurses Assistants who provide direct care to nursing facility residents. Direct-care means hands on care provided to residents, including, but not limited to feeding, bathing, toileting, dressing, lifting and moving residents. "Direct Care" does not include food preparation, housekeeping or laundry services except in circumstances when such services are required to meet the needs of an individual resident on a given occasion. This proposed rule also requires the Department to issue a default license when a completed application for a new facility has been submitted and the necessary notifications, inspections or services from the Division of Licensing and Certification and the Department of Public Safety has not been provided. Ch. 6 has an addition which states that nursing facilities must refund any payment received for a period of time that Medicaid eligibility was pending and the residents was eligible for Medicaid. Finally, Ch. 9 changes the minimum staffing ratios to one direct care provider for every five (5) residents on the day shift; one (1) direct-care provider for every ten (10) residents on the evening shift, and one (1) direct-care provider for every fifteen (15) residents on the night shift.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22 MRSA Ch. 731, Section BBBB-6
Title 22 MRSA Ch. 731, Section BBBB-11
Section 1919 (C)(5)(A)(iii) of the Social Security Act
DATE(S)/PLACE(S) OF HEARING(S): Friday, February 9, 2001 at 1:30 p.m., Elks Lodge, Civic Center Drive, Augusta, ME 04330
DEADLINE FOR COMMENTS: February 19, 2001
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
FAX: (207) 624-5386
TTY-Deaf/Hard of Hearing: (207) 624-5512


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 241, Rules of Subsurface Wastewater Disposal Systems
PROPOSED RULE NUMBER: 2001-P9
CONCISE SUMMARY: These rules set the minimum standards for licensing of individuals to design subsurface wastewater disposal systems (septic tanks and absorption fields) for safe onsite disposal of domestic sewage and non-industrial wastewater.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42
PUBLIC HEARING: February 6,2001, Augusta Civic Center, Washington Room, 1 p.m. - 3 p.m.
DEADLINE FOR COMMENTS: February 16, 2001
AGENCY CONTACT PERSON
NAME: James Jacobsen, Environmental Specialist IV
ADDRESS: Division of Health Engineering, 10 State House Station, Augusta ME 04333
PHONE: (207) 287-5686
TTY: (207) 287-2070


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 242, Rules for Conversion of Seasonal Dwelling Units into Year-Round Residences in the Shoreland Zone
PROPOSED RULE NUMBER: 2001-P10
CONCISE SUMMARY: These rules describe the requirements for conversion of seasonal dwelling units into year-round residences if the system serving the structure is within the shoreland zone areas of major waterbodies/courses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42
PUBLIC HEARING: February 6, 2001, Augusta Civic Center, Washington Room, 1 p.m. - 3 p.m.
DEADLINE FOR COMMENTS: February 16, 2001
AGENCY CONTACT PERSON:
NAME: James Jacobsen, Environmental Specialist IV
ADDRESS: Division of Health Engineering, 10 State House Station, Augusta, ME 04333
PHONE: (207) 287-5695
TTY: (207) 287-2070
FAX: (207)287-3165


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 243, Minimum Lot Size Rules
PROPOSED RULE NUMBER: 2001-P11
CONCISE SUMMARY These rules describe the requirements for minimum lot sizes and for waivers pursuant to the Minimum Lot Size Law, 12 MRSA 4807-D.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42
PUBLIC HEARING: February 6 2001, Augusta Civic Center, Washington Room, 1 p.m. - 3 p.m.
DEADLINE FOR COMMENTS: February 16, 2001.
AGENCY CONTACT PERSON:
NAME: James Jacobsen, Environmental Specialist IV
ADDRESS: Division of Health Engineering, 10 State House Station, Augusta ME 04333
PHONE: (207) 287-5695
TTY: (207) 287-2070
FAX: (207) 287-3165


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 29, Dealer Margins
PROPOSED RULE NUMBER: 2001-P12
CONCISE SUMMARY: Hearing on Dealer Margins based on a Model Dairy Study and adjustments made to reflect Maine Conditions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 9:00 a.m., Thursday, February 8, 2001, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 319, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
Prefile: February 8,2001
Closing Comments: February 19, 2001
NAME: Stanley Millay, Pool Administrator
ADDRESS: Maine Milk Commission, Deering Building-Station 28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 266, Hemlock Woolly Adelgid Quarantine
ADOPTED RULE NUMBER: 2001-6
CONCISE SUMMARY: This amendment to CMR 01-001, Ch. 266, Hemlock Woolly Adelgid Quarantine, strengthens Maine's quarantine against the Hemlock Woolly Adelgid by prohibiting the introduction into Maine of hemlock seedlings and nursery stock from areas under quarantine for this pest. It requires that a certificate issued by plant regulatory officials in non-quarantined areas be sent to the Maine Department of Agriculture attesting to the fact that the hemlock seedlings and nursery stock being shipped into Maine originated from a non-quarantined area. It adds wood chips with bark and uncomposted shipments of bark to the list of regulated articles. It limits the importation of hemlock logs, lumber with bark, wood chips with bark and uncomposted bark from quarantined and non-quarantined areas to sites in Maine that are pre-approved by the Maine Forest Service. It specifies the penalty for violating the provisions of the quarantine.
EFFECTIVE DATE: January 10, 2001
AGENCY CONTACT PERSON:
NAME: Terry L. Bourgoin, Director
ADDRESS: Division of Plant Industry, 28 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 287-3891


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 607, Amendment 4; Access to Medical Education & Health Professions Loan Program
ADOPTED RULE NUMBER: 2001-9
CONCISE SUMMARY: The amendment removes the requirement that the Authority consider the Family Contribution when determining the financial need of individuals applying for a Health Professions Program Loan who are over 30, or have been independent for five years. Instead the Authority will consider only the financial need of those applicants. The Authority believes that this will enable individuals who have a high probability of being primary care physicians in Maine to obtain forgivable loans, notwithstanding that their parents, who no longer support have financial resources. Amendments were also made to the interest rate to be charged on loans being repaid to index them based on the rate charged to borrowers under the federal Stafford loan program.
EFFECTIVE DATE: January 13, 2001
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 612, Maine Dental Education Loan and Loan Repayment Programs
ADOPTED RULE NUMBER: 2001-10
CONCISE SUMMARY: This rule establishes the criteria to be met by dentists to enter into an agreement with the authority for the repayment of their dental education loans and college students seeking loans to pursue dental education. It establishes loan repayment and forgiveness criteria.
EFFECTIVE DATE: February 13, 2001
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 29, Multi-family Development and Supportive Housing Loans and Grants Rule
ADOPTED RULE NUMBER: 2001-11
CONCISE SUMMARY The Maine State Housing Authority ("MSHA") is amending the Multi-family Development and Supportive Housing Loans and Grants Rule (the "Rule") to authorize MSHA to provide construction financing in the form of: (i) direct loans to 501(c)(3) nonprofit corporations and public housing authorities for the acquisition, new construction and rehabilitation of supportive housing; and (ii) the participation of tax-exempt facility bond proceeds in construction loans made by financial institutions in the State for the development of multi-family residential housing that is eligible for low-income housing tax credits. The amended Rule sets forth qualifications of borrowers, standards for the location and construction of housing for low-income persons and certain limitations on the interest rates, fees and charges that MSHA and any originating or participating financial institution may impose in connection with construction financing provided directly by MSHA or in which MSHA purchases a participation.
EFFECTIVE DATE: January 13, 2001
AGENCY CONTACT PERSON: Jodie Stevens, Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 26, Allocation of State Ceiling for Low Income Housing Tax Credit
ADOPTED RULE NUMBER: 2001-12
CONCISE SUMMARY The Maine State Housing Authority ("MSHA") amended the Allocation of State Ceiling for Low Income Housing Tax Credit rule as follows: to add single-room occupancy housing as a housing priority, to establish a set-aside for single-room occupancy housing; to clarify that extended low income housing commitments will obligate owners to comply with the commitments made by the owners in their tax credit applications for which they were awarded points in the selection process; to require tax credit projects to comply with the State's growth management law, to clarify that priority is given to projects that demonstrate a preference, rather than a set-aside, for persons with special needs; to clarify that priority is given to projects with 3-bedroom low income units; to establish leveraged funds as an independent scoring criteria separate from lowest intermediary costs, and to give priority to below market financing commitments within the leveraged funds criteria; to establish a separate market need ranking for assisted living proposals; to establish minimum requirements for proposals to receive priority for nonprofit participation; to increase the tax credit monitoring fee; to make the reporting and inspection requirements consistent with recent changes to federal law, and to make updates, clarifications and grammatical changes.
EFFECTIVE DATE: January 13, 2001
AGENCY CONTACT PERSON: Jodie Stevens, Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
ADOPTED RULE NUMBER: 2001-13
CONCISE SUMMARY: Attached is a copy of the final rules for the "Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities". Ch. 2 includes requirements for nursing facilities to provide the Department with a 45 day prospective notice for any increase or decrease in the number of beds. Ch. 8 contains requirements for direct care staff to wear identifications badges except in situations where it would be a safety hazard. Ch. 10 contains requirements that nursing facilities provide residents to be discharged with a list of licensed Home Health Care Agencies, which serve their area of residence. Ch. 12 has an updated definition of comprehensive assessment. Ch. 17 contains changes regarding nursing facilities' disposition of and handling Schedule II through V controlled substances. Ch. 22 changes the Grounds for Penalty and identifies the penalty for operating a nursing facility without a license. Typographical and grammatical errors have been corrected.
EFFECTIVE DATE: January 13, 2001
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 11 SHS, 35 Anthony Avenue, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
TTY: (207) 624-5512


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