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January 27, 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: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 510, Reduction of Disability Retirement Benefits Because of Disability Benefits Received Under Other Laws
PROPOSED RULE NUMBER: 98-P236
CONCISE SUMMARY: This rule sets forth the methodology by which monthly Maine State Retirement System disability retirement benefits are reduced when the individual receiving such benefits also receives a lump-sum settlement of benefits under the Workers' Compensation or similar law or the United States Social Security Act for the same disability. A hearing on the originally proposed rule was held on November 12, 1998. The rule now proposed is different in some respects from the rule as originally drafted. Therefore, comments are again being requested.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 3 M.R.S.A. 853; 4 M.R.S.A. 1353(6); 5 M.R.S.A. 17906(2)(D); 17930(4)(D); 18506(2)(D); 18530(4)(D); 1122(5-A) and 1122(6)
DEADLINE FOR COMMENTS: February 26, 1999
AGENCY CONTACT PERSON:
NAME: Sarah Walton
ADDRESS: #46 State House Station, Augusta, Maine 04333
PHONE: 207-287-3461 or 1-800-451-9800

AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #99-03
PROPOSED RULE NUMBER: 99-P13
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
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., February 11, 1999, Department of Agriculture, Food & Rural Resources, Deering Building, Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: February 11, 1999
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services
RULE TITLE OR SUBJECT: Ch. (?), Family Planning
PROPOSED RULE NUMBER: 99-P14
CONCISE SUMMARY: All funding provided through state contract for family planning must comply with existing Title X rules and regulations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 22 MRSA Chapter 406
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 26, 1999
AGENCY CONTACT PERSON: Shannon King
AGENCY NAME: Dept . of Human Services, Bureau of Health
ADDRESS: 11 State House Station, Augusta ME 04333-0011
TELEPHONE: (207) 287-5364
TTY: (207) 287-8015


ADOPTIONS

AGENCY: 16-222 - Bureau of State Police
CHAPTER NUMBER AND TITLE: Ch. 4, Motor Carrier Safety Rules
ADOPTED RULE NUMBER: 99-16
CONCISE SUMMARY: Due to recent below average temperatures combined with poor driving conditions and industrywide shortage of qualified drivers, problems are being experienced delivering home heating products. The Bureau of State Police is therefore adopting an emergency rule which amends 49 CFR-395.3(b)(1) as it applies to intrastate motor carriers of fuel oil and propane. The emergency rule amends the existing rule by increasing from 60 to 72 the number of hours in any 7 consecutive days that a driver employed by a motor carrier transporting or delivering home heating oil or propane.
EFFECTIVE DATE: January 15, 1999
AGENCY CONTACT PERSON: John W. Fraser
ADDRESS: Maine State Police, 20 State House Station, Augusta ME 04333
TELEPHONE: 624-8939


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 27, Retail Margins
ADOPTED RULE NUMBER: 99-19
CONCISE SUMMARY: Retail Margins have been established for various container sizes. The new retail margins are as follows: Gallon $0.1849; 1/2 Gallon $0.1054; Quart $0.0745; 10 Quart $0.3520; 3 Quart $0.2250.
EFFECTIVE DATE: January 31, 1999
AGENCY CONTACT PERSON: Cynthia L. Masterman
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta ME 04333-0028
TELEPHONE: (207) 287-7521; (888) 694-0647


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #99-02
ADOPTED RULE NUMBER: 99-20
CONCISE SUMMARY: Minimum February, 1999 producer Class I set at $20.58 and no Northeast Interstate Dairy Compact over order price. February, 1999 Class II goes to $17.64 and Class III minimums set at $17.40. These changes were passed on in minimum prices.
EFFECTIVE DATE: February 1, 1999
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building - Station 28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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