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January 20, 1999
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: 94-348 - Maine Human Rights Commission

RULE TITLE OR SUBJECT: Amendment to Ch. 2: Procedural Rule
PROPOSED RULE NUMBER: 99-P3
CONCISE SUMMARY: Provides a process for amending complaints of discrimination. Adds requirements for giving notice to parties of emergency Commission meetings and fact-finding meetings. Also adds requirement for keeping a written record of witness interviews.

RULE TITLE OR SUBJECT: Amendments to Ch. 3: Employment Regulations of the
PROPOSED RULE NUMBER: 99-P4
CONCISE SUMMARY: The word "handicap" has been changed to "disability" to reflect current statutory language. Also, amends language to clarify the potential liability of employers for harassment of employees by supervisors, following recent U. S. Supreme Court interpretation of analogous federal law.

RULE TITLE OR SUBJECT: Ch. 8, Housing Regulations of the Maine Human Rights Commission
PROPOSED RULE NUMBER: 99-P5
CONCISE SUMMARY: These regulations are designed to inform interested parties of the Maine Human Rights Commission's interpretation of the provisions of the Maine Human Rights Act related to housing.

RULE TITLE OR SUBJECT: Ch. 9, Housing Procedural Rule
PROPOSED RULE NUMBER: 99-P6
CONCISE SUMMARY: These regulations establish procedures for processing charges of unlawful housing discrimination.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 M.R.S.A., 4566(7)
PUBLIC HEARING: February 10, 1999, 1:00 p.m., Senator Inn & Conference Center, Embassy Room, 284 Western Ave., Augusta, ME
DEADLINE FOR COMMENTS: February 22, 1999
AGENCY CONTACT PERSON: John E. Carnes, Esq.
AGENCY NAME: Maine Human Rights Commission
ADDRESS: 51 State House Station Augusta, ME 04333-0051
TELEPHONE: (207) 624-6050


AGENCY: 02-392 - Department of Professional and Financial Regulation, Board of Pharmacy
RULE TITLE OR SUBJECT:
Ch. 10, General Rules (Amend)
Ch. 17, Registration of Pharmacy Technicians (New Chapter)
PROPOSED RULE NUMBER: 99-P7
CONCISE SUMMARY: Chapter 10 is amended to eliminate rules about supportive personnel which will be addressed in Chapter 17 as pharmacy technicians. Chapter 17 defines certain terms used throughout the rules and outlines the qualifications to register as a pharmacy technician. This chapter further outlines the duties that may be performed by technicians, including the training in the performance of the these duties, and supervision of technicians.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 M.R.S.A., c. 117 13721 (1)(H) and 13723 (5)(1)
PUBLIC HEARING: 1 p.m. Tuesday, February 9, 1999, Department of Professional and Financial Regulation, Gardiner Annex - 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: February 19, 1999
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8689 or 624-8625


AGENCY: 03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10, sub-section 9.15J: Policy and Procedures Manual, Drug and Alcohol Testing of Juvenile Offenders
PROPOSED RULE NUMBER: 99-P8
CONCISE SUMMARY: This Policy & Procedure governs the specific practices and conditions when juvenile offenders of the Maine Department of Corrections may be required to be tested for drug and/or alcohol use, including purpose, collections of specimens, testing procedures, required documentation, and action to be taken with the result of a positive test.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A M.R.S.A., Section 1402
PUBLIC HEARING: Thursday, February 11, 1999, 10 a.m., Personnel Testing Room, 2nd Floor State Office Building, Augusta, Maine
DEADLINE FOR COMMENTS: March 3,1999
AGENCY CONTACT PERSON: Ellis Kinq, Department of Corrections, State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Coverage of Inmates of a Jail or Prison.
PROPOSED RULE NUMBER: 99-P9
CONCISE SUMMARY: Due to a change in policy by the (federal) Health Care Financing Administration, Medicaid will cover services provided to an inmate of a jail or prison while s/he is admitted as an inpatient to a medical institution if the individual is otherwise eligible for-Medicaid.
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 19, 1999
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


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 25, Dental Services
PROPOSED RULE NUMBER: 99-P10
CONCISE SUMMARY: The proposed rule updates and reorganizes Chapters II and III, Section 25. Also, the proposal includes procedure codes for reimbursement of interpreter services for the-deaf/hard of hearing. Reimbursement for adult dentures will be provided when it is shown to be medically necessary and cost effective. Billing instructions for BMS 006 have been deleted. Instructions for dental billing forms are separate from the dental regulations and have been distributed to dental providers.
THIS RULE MAY HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173.
PUBLIC HEARING: February 9, 1999, 1:00 p.m., Policy Conference Room, DHS 35 Anthony Ave., Augusta, ME 04333. Persons wishing to attend who require special accommodations are requested to contact the Bureau of Medical Services at (207) 624-5521, two weeks in advance of the hearing so special arrangements can be made.
DEADLINE FOR COMMENTS: February 19,1999
AGENCY CONTACT PERSON: Maurice Gagnon, Policy Development, Bureau of Medical Services, 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333-0011
(207) 624-5527
TTY (Deaf/hard of hearing) (207) 287-1828, 1-800-423-4331.


AGENCY: 18-553 - Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations
RULE TITLE OR SUBJECT: Ch. (New), Liquor Inventory Exchanges from Agency Liquor Stores
PROPOSED RULE NUMBER: 99-P11
CONCISE SUMMARY: State liquor stores will receive liquor inventory exchanges from agents in accordance with the established guidelines.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 28-A M.R.S.A. 62
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 19, 1999
AGENCY CONTACT PERSON: Robert Newhouse
AGENCY NAME: Bureau of Alcoholic Beverages and Lottery Operations
ADDRESS: 8 State House Station, Augusta, ME 04333-0008
TELEPHONE: 287-6506


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual; Ch. II and III, Section 104, School Based Rehabilitative Services
PROPOSED RULE NUMBER: 99-P12
CONCISE SUMMARY: These rule changes clarify that speech therapy services are to be provided in accordance with current State licensure requirements and federal requirements, and establishes new codes for school based rehabilitative services without the speech language component.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: 9 a.m., February 10,1999, Policy Development Conference Room, 35 Anthony Avenue, Augusta, Maine 04333-0011
DEADLINE FOR COMMENTS: February 26, 1999
AGENCY CONTACT PERSON: Gregory Nadeau, Medical Care Administrator
AGENCY NAME: Division of Policy Development
ADDRESS: 35 Anthony Avenue, #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 624-5521 or 1-800-321-5557 option 1
TTY 1-800-423-4331 (Deaf/Hard of Hearing) or 287-1828 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 16, Allocation of State Ceiling for Low-Income Housing Tax Credit Rule
ADOPTED RULE NUMBER: 99-9
CONCISE SUMMARY: The rule is being revised to establish a set-aside for proposals with a commitment for funding from Rural Housing Services; to establish a set-aside for proposals with a service commitment from the Maine Department of Human Services' 1999 Assisted Living Funds; to establish the maximum amount of tax credit that may be allocated to a single project; to give priority to projects serving persons with special needs; to give priority to projects in higher need areas; to add to the reporting and inspection requirements; and to make clarifications, updates, and grammatical changes.
EFFECTIVE DATE: January 12, 1999
AGENCY CONTACT PERSON: Linda L. Sears, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207) 626-4600
(800) 452-4668 (voice)
(800) 452-4603 (TDD)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 323, General Assistance Policy Manual - Interim Assistance Reimbursement and Municipal Work Program
ADOPTED RULE NUMBER: 99-10
CONCISE SUMMARY: This rule clarifies existing policy and makes a change in the Interim Assistance Reimbursement Program. When a client does workfare for the municipality while receiving General Assistance and waiting for a decision on their SSI retroactive payment, the municipality needs to give a monetary hourly value to the workfare performed. The value of the workfare is subtracted from the General Assistance received before the Department and municipality are repaid for the General Assistance that was paid on behalf of the client.
EFFECTIVE DATE: January 12, 1999
AGENCY CONTACT PERSON: Cindy Boyd, General Assistance Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, sub-section 25.3.4, Policy and Procedures Manual - Supervised Community Confinement
ADOPTED RULE NUMBER: 99-11
CONCISE SUMMARY: This amendment to departmental Policy 25.3.4, Supervised Community Confinement pursuant to Title 34-A. M.R.S.A., Section 3036-A clarifies the existing procedures in addressing the manner of supervising prisoners transferring to the Supervised Community Confinement Program based on the rated security level of the correctional facility that the prisoner is being transferred from; places a more precise time management schedule for the Supervising Probation Officer to complete his/her investigation of a prisoner's proposed program, upon receipt from the Regional Correctional Administrator, and the notification process to victim(s) and appropriate law enforcement officials prior to the prisoner's transfer to the program.
EFFECTIVE DATE: January 13, 1999
AGENCY CONTACT PERSON: Nanci Bouchard, Associate Commissioner
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111 Augusta, ME 04333-0111
TELEPHONE: (207)287-4384


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