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January 19, 2000
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 adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 145, NOx Control Program
PROPOSED RULE NUMBER: 99-P273
CONCISE SUMMARY: The Department is proposing to adopt a regulation to implement the Ozone Transport Region (OTR) NOx Memorandum of Understanding (MOU). The proposal will require electrical generating units, resource recovery units and major industrial sources to implement additional NOx controls beginning January 1, 2003. The control requirements include an emission rate limit of 0.15 lbs. per million Btu for electrical generating units and resource recovery facilities, and an emission rate limit of 0.20 lbs. per million Btu for industrial sources. The proposal also includes monitoring, recordkeeping and reporting requirements. Deadline for comments has been extended from January 21, 2000 to January 28, 2000.
Copies of these rules are available upon request by contacting the Agency Contact Person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment, Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency Contact Person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 M.R.S.A. 585 and 585-A
PUBLIC HEARING: Held on January 6, 2000
DEADLINE FOR COMMENTS: January 28, 2000
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: 207/287-2437


AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 9, Rules Governing Administrative Civil Money Penalties for Labor Law Violations
PROPOSED RULE NUMBER: 2000-P5
CONCISE SUMMARY: The purpose of this chapter is to provide procedure guidance regarding the assessment of administrative civil money penalties for labor law violations, including nonresponse to the Construction Wage Rate survey.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1999 Public Law, Chapter 181
PUBLIC HEARING: February 2, 2000, 9:00 a.m., Bureau of Labor Standards, Room 106 - 1st Floor, Hallowell, Maine
DEADLINE FOR COMMENTS: February 11, 2000
AGENCY CONTACT PERSON: Alan C. Hinsey, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6400


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 205, Tent and Recreational Park and Wilderness Recreational Park Rules
PROPOSED RULE NUMBER: 2000-P7
CONCISE SUMMARY: This is a revision of existing campground rules. A section pertaining to temporary campgrounds is being added to the rules. This will require licensing of all temporary campgrounds and compliance with all these rules if they operate more than 10 days a year.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 2491 to 2501
PUBLIC HEARING): February 10, 2000, 11:00 a.m., Department of Human Services, 219 Capital Street, Augusta, Large Conference Room
DEADLINE FOR COMMENTS: March 13, 2000
AGENCY CONTACT PERSON: Robert Peterson
AGENCY NAME: Division of Health Engineering
ADDRESS: 10 State House Station, Augusta ME 04330
TELEPHONE: 287-5693


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 208, Boys, Girls, Boys and Girls, Day Camps and Primitive and Trip Camping
PROPOSED RULE NUMBER: 2000-P8
CONCISE SUMMARY: These rules set health and safety standards for summer youth camps including staffing and facilities. The rules are being amended primarily to update the staff requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 2491-2501
PUBLIC HEARING: 9:00 a.m., February 10, 2000, in the large conference room at 219 Capital Street, Augusta
DEADLINE FOR COMMENTS: March 13, 2000
AGENCY CONTACT PERSON: Robert Peterson
AGENCY NAME: Division of Health Engineering
ADDRESS: 10 State House Station, Augusta ME 04330
TELEPHONE: 287-5693


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 202, Rules Relating to Public Swimming Pools and Spas
PROPOSED RULE NUMBER: 2000-P9
CONCISE SUMMARY: These rules will replace the existing rules and provide for the protection of the public health and safety of individuals who use public swimming pools or spas. They provide for this protection by setting standards for construction, operation, and maintenance of public swimming pools, and spas.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 1631 to 1635 and 22 MRSA 2661 to 2669
PUBLIC HEARING: February 10, 2000, 10:00 a.m., Department of Human Services, 219 Capital Street, Augusta, Large Conference Room
DEADLINE FOR COMMENTS: March 13, 2000
AGENCY CONTACT PERSON: Robert Peterson
AGENCY NAME: Division of Health Engineering
ADDRESS: 10 State House Station, Augusta ME 04330
TELEPHONE: 287-5693


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 210, Rules Relating to Tattooing
PROPOSED RULE NUMBER: 2000-P10
CONCISE SUMMARY: These rules will provide for protection of the public health and safety of individuals that choose to obtain a tattoo. The rules provide for an apprenticeship period for individuals who wish to tattoo the public. They also provide the sanitation standards and procedures tattooists must follow.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 4201 to 4301
PUBLIC HEARING: February 10, 2000, 1:00 p.m., Department of Human Services, 219 Capital Street, Augusta, Large Conference Room
DEADLINE FOR COMMENTS: March 13, 2000
AGENCY CONTACT PERSON: Robert Peterson
AGENCY NAME: Division of Health Engineering
ADDRESS: 10 State House Station, Augusta ME 04330
TELEPHONE: 287-5693


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. VIII, Section 1, Cub Care
PROPOSED RULE NUMBER: 2000-P11
CONCISE SUMMARY: The proposed rule eliminates the requirement that Native American children pay Cub Care premiums and removes the Health Insurance Purchase Option rules from Chapter VIII, Section 1. Separate rulemaking will create Chapter VIII, Section 2, Health Insurance Purchase Option.
THE RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173; Public Law 1998, Chapter 777; Public Law 1999, Chapter 401
PUBLIC HEARING: February 8, 2000, 1:30 p.m., First Floor Conference Room, 35 Anthony Avenue, Augusta, Maine 04333-0011
DEADLINE FOR COMMENTS: February 18, 2000
AGENCY CONTACT PERSON: Linda Schumacher
AGENCY NAME: Bureau of Medical Services, Division of Policy & Programs
ADDRESS: 11 State House Station/35 Anthony Ave., Augusta, ME 04333-0011
TELEPHONE:
207/624-5529, or
1-800-321-5557, Option 1
TTY (207) 287-1828, or
1-800-423-433.1 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Chapter VIII, Section 2, Health Insurance Purchase Option
PROPOSED RULE NUMBER: 2000-P12
CONCISE SUMMARY: The proposed rule creates Chapter VIII, Section 2, Health Insurance Purchase Option (HIPO). The HIPO rules currently are included in Chapter VIII, Section 1, Cub Care.
THE RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173; Public Law 1998, Chapter 777; Public Law 1999, Chapter 401
PUBLIC HEARING: February 8, 2000, 1:30 p.m., First Floor Conference Room, 35 Anthony Avenue, Augusta, Maine 04333-0011
DEADLINE FOR COMMENTS: February 18, 2000
AGENCY CONTACT PERSON: Linda Schumacher
AGENCY NAME: Bureau of Medical Services, Division of Policy & Programs
ADDRESS: 11 State House Station/35 Anthony Ave., Augusta, ME 04333-0011
TELEPHONE:
207/624-5529, or
1-800-321-5557, Option 1
TTY (207) 287-1828, or
1-800-423-4331 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF): Miscellaneous Policy Clarifications and Amendments
PROPOSED RULE NUMBER: 2000-P13
CONCISE SUMMARY:
This rule:
adds an exception to the requirement of attending an orientation meeting.
clarifies the date when individuals are added to assistance grants.
clarifies when the enhanced disregards were in effect and who received them.
adds presumptive eligibility determinations for TANF based on physical or mental incapacity.
changes the effective date of assignment of child support to the first day of the first regular check.
replaces the word "single" in item 1 with the word "only" to clarify that the ASPIRE exemption applies to a recipient who is the only parent or caretaker relative living with the child who receives TAN F.
clarifies that when a recipient who is the only custodial parent or caretaker relative of a child under 1 year old does not elect this exemption and chooses to participate in the ASPIRE-TANF Program, they must participate or be sanctioned.
removes an example which becomes erroneous with the clarification change on page 38.
clarifies that an ASPIRE sanction is the removal of an individual from the grant for a certain period of time.
clarifies that benefits do not have to be interrupted for a sanction to become effective.
replaces the word "individual" in several places with the words "excluded stepparent" to clarify that the policy is specific to excluded stepparents.
adds the words "transitional services" which were erroneously omitted from the last sentence of item d.
renumbers page 13 to page 5.
changes language in item 6 to coincide with language on the same subject on page 28
clarifies when a sanction for an intentional program violation begins, if a client signs a waiver to forfeit an administrative hearing.
clarifies that court costs associated with evictions is an allowable expense paid under the category of Emergency Housing of the Emergency Assistance Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: February 18, 2000
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: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 01-001 - Department Of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool: Cost Of Administration
PROPOSED RULE NUMBER: 2000-P14
CONCISE SUMMARY: This rule establishes the cost of administering the Maine Milk Pool for the period January 1, 2000 through December 31, 2000.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., Tuesday, February 8, 2000, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 228, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
Prefile: February 8, 2000
Closing Comments: February 18, 2000
NAME: Stanley Millay, Pool Administrator
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-380 - Maine State Board of Nursing
RULE TITLE OR SUBJECT: Ch. 7, Standards for Educational Programs in Nursing
PROPOSED RULE NUMBER: 2000-P15
CONCISE SUMMARY: Clarifies definition of faculty for educational programs in nursing.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 M.R.S.A. 2153-A And 2102(2)(A)
PUBLIC HEARING: February 10, 2000a at 3:00 p.m., Maine State Board of Nursing, Conference Room, 24 Stone Street, Augusta
DEADLINE FOR COMMENTS: February 20, 2000
AGENCY CONTACT PERSON: Myra A. Broadway, Executive Director
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone Street, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: 287-1133


AGENCY:
02-029 - Bureau of Banking
02-030 - Office of Consumer Credit Regulation

RULE TITLE OR SUBJECT: Student Loan Disclosures
Bureau of Banking: Ch. 140 (Regulation 40)
Office of Consumer Credit Regulation: Ch. 245
CONCISE SUMMARY: This rule, which is being jointly promulgated by the Bureau of Banking and the Office of Consumer Credit Regulation, will establish disclosure requirements for student loans resulting from an allocation of the state ceiling on private activity bonds. In addition to establishing certain disclosure requirements for such loans, the rule will also govern the advertising of these student loan products and require lenders or issuers to provide the Bureau of Banking or the Office of Consumer Credit Regulation with sample disclosures. Finally, the rule will establish sanctions for lenders or issuers who fail to comply with the requirements of the rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 M.R.S.A. 363(8)
PUBLIC HEARING: None unless requested.
DEADLINE FOR COMMENTS: February 18, 2000
AGENCY CONTACT PERSONS:
Colette L. Mooney, Deputy Superintendent, Bureau of Banking
William N. Lund, Director, Office of Consumer Credit Regulation
AGENCY NAME, ADDRESS AND PHONE:
Bureau of Banking, 36 State House Station, Augusta, ME 04333-0036, phone (207) 624-8570
Office of Consumer Credit Regulation, 35 State House Station, Augusta, ME 04333-0035, phone (207) 624-8527


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 321 (?), Rules Governing the Inspection and Examination, Licensing, Permitting, Testing, Labeling and Sanitation of Milk and Milk Product Production and Distribution.
PROPOSED RULE NUMBER: 2000-P18
CONCISE SUMMARY: This rule outlines the sanitary regulations for milk and milk products.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2910
PUBLIC HEARING: 7 February 2000 - 1030 a.m., Department of Agriculture, Food & Rural Resources, Room 319, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: Thursday, 17 February 2000
AGENCY CONTACT PERSON: Shelley Doak, Director of Animal Health & Industry
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 28 State House Station, Deering Building, Augusta, Maine 04333
TELEPHONE: 207-287-7610


ADOPTIONS

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: 2000-10
CONCISE SUMMARY: The Maine State Housing Authority offers loan and grant programs for the acquisition, construction, rehabilitation, and preservation of residential rental housing for low income persons and for housing for low income persons with supportive service needs. MSHA had 7 outdated rules governing such programs: Chapter 6 - Insurance Specifications and Administrative Procedures for Master Insurance Program for MSHA Financed Multi-family Developments, Chapter 9 - Rental Housing Loan Program Rule, Chapter 11 -Direct Lending Rule, Chapter 15 - New Housing Initiatives Program, Chapter 22 - Mental Health Facility Financing Program, Chapter 23 - Preservation Financing Program, and Chapter 26 - Supportive Housing Initiatives Program Rule. MSHA has repealed the outdated rules and replaced them with one rule governing MSHA's allocation of resources for such multi-family developments and supportive housing, program design, the publication and distribution of program guides, eligibility standards, loan and grant standards, construction and rehabilitation requirements, management requirements, and potential selection criteria.
EFFECTIVE DATE: January 10, 2000
AGENCY CONTACT PERSON: Linda L. Sears, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE:
(207) 626-4600 (voice)
(800) 452-4603 (TTY)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 2000-14
CONCISE SUMMARY: Food Stamp applicants and recipients, who live in Augusta, will no longer be exempt for work registration and the three (3) month time limited eligibility rules due to geographic area. The unemployment rate in Augusta, during the previous twenty four (24) months, no longer meets the exemption criteria of being at least twenty (20) percent higher than the national average.
EFFECTIVE DATE: January 12, 2000
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 02-381 - Department of Professional & Financial Regulation, Oil and Solid Fuel Board
CHAPTER NUMBER AND TITLE: Ch. 9, Installation of Oil Burning Equipment
ADOPTED RULE NUMBER: 2000-15
CONCISE SUMMARY: Chapter 9-10.10 of the rule was amended to extend the date that unprotected oil supply lines that are buried and grouted must be removed from service from February 2, 2000 to September 1, 2000 in order for the Board to educate consumers about the rationale for and fiscal impact of the requirement.
EFFECTIVE DATE: January 16, 2000
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator, Office of Licensing & Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
PHONE NUMBER: 207/624-8605


AGENCY: 02-371 - Office of Licensing & Registration, Department of Professional & Financial Regulation, Nursing Home Administrators Licensing Board
CHAPTER NUMBER AND TITLE:
Ch. 1, Definitions
Ch. 2, "Administrator in Training Program" becomes "Nursing Home Administrators"
Ch. 3, "Examination" becomes "Residential Care Facility Administrators"
Ch. 4, "Continuing Education" becomes "Multi-Level Long Term Care Facility Administrators"
Ch. 5, Licensing
Ch. 6, Endorsement
Ch. 7, Temporary Licenses
Ch. 8, "Disciplinary Action Against Licensees" becomes "Continuing Education"
Ch. 9, Advisory Rulings
Ch. 10, Fees
Ch. 11, Code of Ethics
ADOPTED RULE NUMBER: 2000-16 through 2000-26
CONCISE SUMMARY: Effective May 29, 1998, the Department of Human Services (DHS), Bureau of Medical Services, promulgated rules "Governing the Licensing and Functioning of Assisted Living Facilities", which expanded DHS's regulatory oversight of Nursing Homes to include Assisted Living Facilities (Residential Care Facilities and Multi-Level Facilities). The Nursing Home Administrators Licensing Board, under the auspices of the Department of Professional & Financial Regulation, Office of Licensing & Registration, regulates the Administrators of Nursing Homes. These proposed rules shall cause the Administrators of such Residential Care Facilities and Multi-Level Facilities to be regulated by the Nursing Home Administrators Licensing Board. This partial amendment to the existing rules will change component chapters as follows:
1 . Amend the Definitions to include Residential Care Facilities and their Administrators, and Multi-Level Long Term Care Facilities and their Administrators.
2. Amend the qualifications for Nursing Home Administrators.
3. Establish qualifications for Residential Care Facility Administrators.
4. Establish qualifications for Multi-Level Long Term Care Facility Administrators.
5. Amend the provisions pertinent to "Licensing" so that they apply to Administrators of Nursing Homes, Residential Care Facilities and Multi-Level Long Term Care Facilities.
6. Expand the categories of licensure that may be obtained by endorsement (comity or reciprocity).
7. Amend the provisions pertinent to "Temporary Licenses" so that they apply to Administrators of Nursing Homes, Residential Care Facilities and Multi-Level Long Term Care Facilities.
8. Clarify the language pertaining to continuing education requirements, and relocate the chapter so that it follows those that deal with initial licensure requirements.
9. Make certain editorial revisions to the provisions for "Advisory Rulings."
10. Increase licensing fees to the statutory maximum to enable the Board to fulfill its statutory mandates.
11. Broaden the "Code of Ethics" so that it applies to Administrators of Nursing Homes, Residential Care Facilities and Multi-Level Long Term Care Facilities.
EFFECTIVE DATE: January 16, 2000
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Administrator
ADDRESS: Office of Licensing & Registration, SHS #35, Augusta, ME 04333
PHONE NUMBER: (207) 624-8420


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