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Weekly Rulemaking Notices Contact Us Find It

January 23, 2002
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 - Trusts and Transfer of Assets
PROPOSED RULE NUMBER: 2002-P20
CONCISE SUMMARY: This rule defines what is a "payment" from a trust, treatment of real property transferred to a revocable trust, rules for a pooled trust, expands on the definition of "fair market value" and the definition of transfer.
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 21, 2002
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: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Maine Water Well Commission
RULE TITLE OR SUBJECT: Ch. 232, State of Maine Well Drillers and Pump Installers Rules
PROPOSED RULE NUMBER: 2002-P21
CONCISE SUMMARY: The changes to the State of Maine Well Drillers and Pump Installers Rules involve updating the specific sections to coincide with the changes made to Maine Statute.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA Ch. 69-C
PUBLIC HEARING February 5, 2002, from 1:00 p.m. - 3:00 p.m., at Maine Motor Transport. Whitten Road, Augusta, Maine
DEADLINE FOR COMMENTS: February 19, 2002
AGENCY CONTACT PERSON: David Braley
AGENCY NAME: Maine Water Well Commission
ADDRESS: 10 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-3194
TYY: (207) 287-2070


AGENCY: 05-071 - Department of Education - State Board of Education
RULE TITLE OR SUBJECT: Ch. 115, Certification of Education Personnel
PROPOSED RULE NUMBER: 2002-P22
CONCISE SUMMARY Title 20-A MRSA 13023(2) required rule changes that allowed acceptance of credits for completion of a Department of Labor educational technician apprenticeship program. Currently, an educational technician must receive an Associate's Degree from KVTC in order to receive credit for having completed the program. The rule changes would allow for acceptance of the credits for having completed the program, whether or not the person receives an Associate's Degree towards a level II or level III authorization.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 13023(2)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 22, 2002
AGENCY CONTACT PERSON: Nancy T. Ibarguen
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6603


ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 315, Amendment 2 - Family Development Account Program
ADOPTED RULE NUMBER: 2002-5
CONCISE SUMMARY: The rule amendment eliminates the requirement that a financial institution obtain a co-signature of the community development organization for a withdrawal and includes the requirement that the account holder authorize the release of information to the community development organization overseeing the account.
EFFECTIVE DATE: January 19, 2002
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: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, subsection 9.15J, Policy and Procedures Manual - Drug and Alcohol Testing of Juveniles
ADOPTED RULE NUMBER: 2002-6
CONCISE SUMMARY:
EMERGENCY.
This policy & procedure amends existing rules promulgated in July, 1999, Ch. 10, subsection 9.15J, entitled Drug and Alcohol Testing of Juveniles. This policy and procedure governs the specific practices and conditions when clients of the Maine Department of Corrections may be required to be tested for drug and/or alcohol use, including purpose, collection of specimens, testing procedures, required documentation, and action to be taken with the result of a positive test. It has been determined independent confirmatory tests are required in more circumstances than previously believed. In order to protect the effectiveness of the correctional facility disciplinary process, this policy needs to be amended immediately to allow the required independent testing.
EFFECTIVE DATE: January 19, 2002
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 02-395 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Plumbers' Examining Board
CHAPTER NUMBER AND TITLE:
Ch. 2, Complaints, Investigations and Adjudicatory Hearings
Ch. 3, Licensing Requirements
Ch. 4, Installation Standards
Ch. 5, Examination Requirements
Ch. 6, Reciprocity
ADOPTED RULE NUMBER: 2002-7 through 2002-10
CONCISE SUMMARY: The rules describe the procedure by which complaints and adjudicatory hearings will be handled by the Board. The rules set forth specific information pertaining to the examinations as well as the requirements for licensure as a Trainee Plumber, Journeyman Plumber, and Master Plumber and the procedure to qualify for licensure by reciprocity. The rules adopt the International Association of Plumbing and Mechanical Officials Uniform Plumbing Code, 2000 edition, State of Maine Internal Plumbing Code as the standard for plumbing installations in the State of Maine.
Ch. 4, Installation Standards, is a provisional adoption of a major substantive rule. This rule is subject to Legislative approval prior to final adoption and will become effective no less than 30 days after final adoption.
EFFECTIVE DATE: January 20, 2002
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator, Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8605


AGENCY: 02-381 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Oil and Solid Fuel Board
CHAPTER NUMBER AND TITLE:
Ch. 1, Definitions
Ch. 3, Categories and Responsibilities of Licensure
Ch. 4, Qualifications for Licensure
Repeal Ch. 6, Fees
Ch. 7, Adoption of Standards and Rules
Ch. 9, Installation of Oil Burning Equipment
Ch. 10, Installation of Solid Fuel Burning Equipment
Ch. 11, Chimneys
Repeal Ch. 12, Installation of Oil Fired Equipment in Repair, Parking and Residential Garages
Ch. 13, Installation of Waste Oil Appliances and Waste Oil Supply Tanks
ADOPTED RULE NUMBER: 2002-11 through 2002-20
CONCISE SUMMARY: The rules clarify the definitions. The rules set forth the duties and responsibilities for licensure as an Apprentice, Journeyman and Master, the examination requirements for a Master and Journeyman and the procedure to qualify for licensure. The rules adopt updated editions of National Fire Protection Association (NFPA) standards as the standards for installation of any oil and solid fuel burning equipment, chimney, fireplace or vents. The rules clarify the guidelines for the installation of oil burning equipment and solid fuel burning equipment. The rules clarify the requirements for the use of waste oil burning equipment and accessory equipment installations in specific applications. Ch. 6, Fees, is being repealed since this chapter is not valid. The Director of the Office of Licensing and Registration has rulemaking authority to set fees and the fees for this Board were changed in October 2000 and are now part of the Office's rules. Since the Board is adopting NFPA #88A and #88B by reference, Ch. 12, Installation of Oil Fired Equipment in Repair, Parking and Residential Garages, is being repealed because it is no longer necessary.
EFFECTIVE DATE: March 1, 2002
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator, Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8605


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 16, Allocation of State Ceiling for Low Income Housing Tax Credit
ADOPTED RULE NUNBER: 2002-21
CONCISE SUMMERY: The Maine State Housing Authority is amending the Allocation of State Ceiling for Low-Income Housing Tax Credit Rule (the "Rule") as a result of a comprehensive review of the Rule, which amendments include without limitation, modifying the formula for calculating the state housing credit under Section 42 of the Internal Revenue Code of 1986, as amended (the "Code"); eliminating the set-aside for projects financed by Rural Housing Services; establishing a set- aside for projects located in rural areas of the State; requiring applicants competing for set-asides to maximize points in the long-term affordability and low-income targeting scoring criteria; removing the obligations of an applicant to provide physical plant amenities and services from the extended low income housing commitment agreement; eliminating the lowest intermediary costs scoring criteria; making commitments of service, operating and rental funds ineligible for points under the leveraged funds scoring criteria; modifying the affordability criteria to target very low income persons and to give projects complying with the affordability requirements of a Rural Housing Services Program maximum points under this criteria; modifying the market need criteria by establishing a very high need housing rank, updating the housing need ranks to reflect absolute need in the labor market areas, establishing separate housing need ranks for single-room occupancy projects, and identifying Native American tribal lands as very high need market areas; awarding points to projects in which the general partner of the project owner has not been issued a Form 8823 pursuant to Section 42 of the Code in the past three years; capping tax credit monitoring fees at $25,000 per project; giving applicants who receive an allocation of credit in the second half of the tax credit year six months from the date of carryover allocation to satisfy the so-called "10% test" pursuant to Section 42 of the Code; and making updates, clarifications and grammatical changes.
EFFECTIVE DATE: January 20, 2002
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: 01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 32, Rules for Operation of Agricultural Marketing Loan Fund, Amendment 4
ADOPTED RULE NUMBER: 2002-23
CONCISE SUMMARY: Amendment 4 re-inserts a broader definition of "private funds" that was errantly deleted in Amendment 2, and alphabetizes the definitional section. Amendment 4 also makes changes required by PL 2001 c.152 dealing with an expanded definition of "agricultural enterprise" and fixing the interest rate on loans at 5%.
EFFECTIVE DATE: January 19, 2002
AGENCY CONTACT PERSON: Christopher H. Roney, Counsel to the Department, c/o The 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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - SSI-COLA Increase - 2002
ADOPTED RULE NUMBER: 2002-24
CONCISE SUMMARY: As of 1/1/02, this rule, which shows a 2.6% 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 $1,593 to $1,635. (2) The income limit for the. State Supplement for an individual living at home changes from $541 to $555 and for a couple, the change is from $811 to $832. Also, as of 1/1/02, this rule increases the amount of protected assets for the community spouse of a nursing home applicant. The new amount is $89,280. The maximum monthly income allocation to a community spouse from the nursing home applicant increases to $2,232. The QI 2 payment for 2002 will be $46.92 for 1 person, $93.84 for 2.
EFFECTIVE DATE: January 21, 2002
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid 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
TTY: (207) 287-6948 (Deaf/Hard of Hearing)

 


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