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January 28, 1998
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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #98-03
PROPOSED RULE NUMBER: 98-P11
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., Thursday, February 12, 1998, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: February 12, 1998
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission
Deering Building-Station #28
Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 94-457 - Finance Authority of Maine (FAME)
RULE TITLE OR SUBJECT-. Ch. 602, Amendment 1: Maine Guaranteed Student Loan Program
PROPOSED RULE NUMBER: 98-P12
CONCISE SUMMARY: The proposed amendment broadens the Authority's ability to guarantee consolidation Loans to include both Federal Family Education Loan Program loans and Federal Direct Student Loans, implementing an option recently enacted by the Federal Government in emergency legislation.
THIS AMENDMENT WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14), 10 M.R.S.A. 1014
PUBLIC HEARING: February 19, 1998, 1:00 p.m. at St. Paul's Center (Oblate House), 136 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before February 19, but will be accepted on or before March 2, 1998. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine (FAME), PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
TELEPHONE:
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


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 70, "Optician Services. "
PROPOSED RULE NUMBER: 98-P13
CONCISE SUMMARY: The proposed rule clarifies: non-covered services; changes the warrantee coverage for eyewear provided through the Vision Care Volume Purchase Program from 60 days to one year; allows for reimbursement for interpreter services; and updates references to the Preventive Health Program to the "Early Periodic Screening, Diagnosis, and Treatment Program," and related minor editing changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: None scheduled unless five (5) or more people request a hearing in writing.
DEADLINE FOR COMMENTS: February 26, 1998
AGENCY CONTACT PERSON: Peter J. Ezzy Medical Care Administrator
AGENCY NAME: Policy & Programs
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514, or at 207-287-3799 (TTY)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 75, "Optometry Services."
PROPOSED RULE NUMBER: 98-P14
CONCISE SUMMARY: The proposed rule clarifies: non-covered services; changes the warrantee coverage for eyewear provided through the Vision Care Volume Purchase Program from 60 days to one year; allows for reimbursement for interpreter services; and updates references to the Preventive Health Program to the "Early Periodic Screening, Diagnosis, and Treatment Program," and related minor editing changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: None scheduled unless five (5) or more people request a hearing in writing.
DEADLINE FOR COMMENTS: February 9, 1998
AGENCY CONTACT PERSON: Peter J. Ezzy Medical Care Administrator
AGENCY NAME: Policy & Programs
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514, or at 207-287-3799 (TTY)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 90, "Physician Services."
PROPOSED RULE NUMBER: 98-P15
CONCISE SUMMARY: The proposed rule changes the warrantee coverage for eyewear provided through the Vision Care Volume Purchase Program from 60 days to one year; and updates references to the Preventive Health Program to the "Early Periodic Screening, Diagnosis, and Treatment Program," and related minor editing changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: None scheduled unless five (5) or more people request a hearing in writing.
DEADLINE FOR COMMENTS: February 25, 1998
AGENCY CONTACT PERSON: Peter J. Ezzy Medical Care Administrator
AGENCY NAME: Policy & Programs
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514, or at 207-287-3799 (TTY)


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 32.02, Elver Harvest Reporting Requirements
PROPOSED RULE NUMBER: 98-P16
CONCISE SUMMARY: This proposed regulation establishes requirements for persons holding an elver dealer's license or dealer sub-permittees to maintain a log book. The purpose of the log book is to obtain statistical information on the harvest of elvers to assist the Department in the conservation and management of the resource.

RULE TITLE OR SUBJECT: Ch. 32.03, Eel Harvesting Regulations
PROPOSED RULE NUMBER: 98-P17
CONCISE SUMMARY: This proposed regulation requires persons holding an eel harvesting license to mark their eel pot buoys with the owner's name, address, and eel license number and to comply with other restrictions related to eel pot baiting, placement, and tending.

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARING: None. The proposed rules will be sent by January 28, 1998 to each currently licensed eel fisherman in the State of Maine for comment.
DEADLINE FOR COMMENTS: February 27, 1998
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


ADOPTIONS

AGENCY: 02-514 - Office of Licensing & Registration, Department of Professional & Financial Regulation, Board of Counseling Professionals Licensure

CHAPTER NUMBER AND TITLE: Ch. 1, General
ADOPTED RULE NUMBER: 97-444
CONCISE SUMMARY: This chapter establishes a consistency of meaning for terms as they appear in the rules.

CHAPTER NUMBER AND TITLE: Ch. 2, Licensure Requirements and Examination Procedure
ADOPTED RULE NUMBER: 97-445
CONCISE SUMMARY: The revisions proposed would enable the Board to hold examinations more often if needed and to respond to changing examination dates by the organizations which control the examinations used by the Board. it will also clarify policy of the Board in reviewing academic preparation for consistency with requirements designating core areas of study and minimum levels or exposure to conceptual areas of clinical practice.

CHAPTER NUMBER AND TITLE: Ch. 3, Registration Requirements
ADOPTED RULE NUMBER: 97-446
CONCISE SUMMARY:
This chapter outlines the requirements for registration with the Board of Counseling Professionals Licensure.

CHAPTER NUMBER AND TITLE: Ch. 4, Conditional License
ADOPTED RULE NUMBER: 97-447
CONCISE SUMMARY: This chapter outlines the requirements for conditional licensure with the Board of Counseling Professionals Licensure.

CHAPTER NUMBER AND TITLE: Ch. 6, Application Procedure
ADOPTED RULE NUMBER: 97-448
CONCISE SUMMARY: This chapter outlines the procedure to be followed by applicants for licensure.

CHAPTER NUMBER AND TITLE: Ch. 7, Renewal of Licensure
ADOPTED RULE NUMBER: 97-449
CONCISE SUMMARY: This chapter outlines the procedure to be followed for renewal of licensure.

CHAPTER NUMBER AND TITLE: Ch. 8, Standards of Practice
ADOPTED RULE NUMBER: 97-450
CONCISE SUMMARY: This Chapter outlines the standards of practice, which include: (1) Disclosure Statement; (2) Client Bill of Rights; (3) Code of Ethics; and (4) Continuing Education.

CHAPTER NUMBER AND TITLE: Ch. 9, Fees
ADOPTED RULE NUMBER: 97-451
CONCISE SUMMARY: This Chapter outlines the fees charged by the Board of Counseling Professionals Licensure.

CHAPTER NUMBER AND TITLE: Ch. 10, Enforcement and Disciplinary Procedure
ADOPTED RULE NUMBER: 97-452
CONCISE SUMMARY: This Chapter outlines enforcement and disciplinary procedures as follows: (1) Denial of Licensure; (2) Complaints; (3) Disciplinary Procedures; and (4) Reinstatement Following Disciplinary Action.

EFFECTIVE DATE: January 5, 1998
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Administrator
ADDRESS: Office of Licensing & Registration, SHS #35, Augusta, ME 04333
PHONE NUMBER: 624-8420


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 241, Subsurface Wastewater Disposal
ADOPTED RULE NUMBER: 98-9
CONCISE SUMMARY: The Department of Human Services has made revisions to clarify language and refine procedures in the current rules related to design language and refine procedures in the current rules related to design and construction of onsite wastewater disposal systems
EFFECTIVE DATE: January 20th, 1998
AGENCY CONTACT PERSON: James Jacobsen
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 10, Augusta ME 04333
TELEPHONE: 287-5695


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment to Existing and New Rule
CHAPTER NUMBER AND TITLE: Ch. 4 (4.05), Moose
ADOPTED RULE NUMBER: 98-10
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule establishing a point system for the annual Moose Hunting Permit drawing beginning with the 1998 permit drawing. These rules will allow a person to accumulate one point for each consecutive year that a person applies, but is not selected, to receive a moose hunting permit. Each point entitles the applicant to one chance in the drawing. A person's accumulated points are eliminated if, in any year, that person is selected to receive a permit or that person fails to purchase a new chance. In addition, amendments to the rules regarding the auction of 5 moose permits have been made giving the Department the flexibility to conduct the auction or contract with a non-profit organization to auction a portion of the 5 permits.
EFFECTIVE DATE: January 20, 1998
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041.
TELEPHONE: 287-5201.


AGENCY: 29-250 - Secretary of State - Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 165, Rules Governing the Administration of the International Fuel Tax Agreement and the Intrastate Fuel Tax Program
ADOPTED RULE NUMBER: 98-11
CONCISE SUMMARY: This rule is being amended to conform with the International Fuel Tax Agreement which requires each participating state and province to have a Best Information Available Assessment program in place so that those motor carrier companies which do not file their fuel tax reports are urged to do so.
EFFECTIVE DATE: January 20, 1998
AGENCY CONTACT PERSON: Maurice J. Dionne, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, Maine 04333-0029
TELEPHONE: 207.287.8633


AGENCY: 02-174 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Boiler Rules
CHAPTER NUMBER AND TITLE:
New Ch. 1 - Definitions
Repeal and Replace Ch. 2 - General Rules Governing Boilers of All Types
Repeal and Replace Ch. 3 - Power Boilers
Repeal and Replace Ch. 4 - Miniature Boilers
New Ch. 5 - Low Pressure Boilers
New Ch. 6 - Pressure Vessels
New Ch. 7 - Welding
New Ch. 8 - Shop Reviews
New Ch. 9 - Boiler Inspectors
New Ch. 10 - Boiler Engineers and Operators
New Ch. 11 - Welders
New Ch. 12 - Fees
New Ch. 13 - General Information
New Ch. 14 - Complaints, Investigations and Adjudicatory Hearings
Repeal Ch. 1 - Procedural Rules
Repeal Ch. 5 - Organic Boilers
Repeal Ch. 6 - Welding
Repeal Ch. 7 - Low Pressure Boilers
Repeal Ch. 8 - Engineers and Boiler Operators
ADOPTED RULE NUMBER: 98-12 through 98-26
CONCISE SUMMARY: These proposed rule changes outline the installation, maintenance, operation, use and inspection requirements of boilers and pressure vessels in the State of Maine. The proposed rule changes outline the licensing requirements for welders, boiler inspectors, boiler engineers and operators, and stationary steam engineers. The proposed rules sets forth the fees to be charged by the Board. The proposed rules also outlines the requirements for the procedure to conduct hearings, reviews and complaints.
EFFECTIVE DATE: July 15, 1998 except that Ch. 12 will be effective April 15, 1998.
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: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices
ADOPTED RULE NUMBER: 98-32
CONCISE SUMMARY: Minimum February, 1998 producer Class I set at $16.78 and a Northeast Interstate Dairy Compact over order price of $0.41. February, 1998 Class II goes to $13.59 and Class III minimums set at $13.35. A $.25 premium is included in the Class I minimums. These changes were passed on in minimum prices.
EFFECTIVE DATE: February 1, 1998
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 37, Home-based Mental Health Services
ADOPTED RULE NUMBER: 98-34
CONCISE SUMMARY: This rule will allow children, who are receiving mental health services and are at risk of being removed from the home, to receive home-based family orientated mental health services by the contracted agencies of the Bureau of Child and Family Services or the Department of Corrections.
EFFECTIVE DATE: February 1, 1998
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5516
TTY: 207-287-3799


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