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February 2, 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: 90-590 - Maine Health Data Organization

RULE TITLE AND NUMBER: Ch. 300, Uniform Reporting System For Hospital Financial Data
PROPOSED RULE NUMBER: 2000-P23
CONCISE SUMMARY: The proposed rules contain provisions for filing financial, supplemental and mammography data and information, including: identifying those entities required to file the information; establishing requirements for the content, format, medium and time for filing; and provisions for compliance.

RULE TITLE AND NUMBER: Ch. 630, Uniform System For Reporting Baseline Information And Restructuring Occurrences Relevant To The Delivery And Financing Of Health Care In Maine
PROPOSED RULE NUMBER: 2000-P24
CONCISE SUMMARY: The proposed rules contain the provisions for filing baseline and restructuring information relevant to the delivery and financing of health care in Maine, including: identifying those persons required to file; establishing requirements for the content, format, medium and time for filing; and, provisions for compliance.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A §§ 8701 and 8710
PUBLIC HEARING: February 25, 2000 - 9:00 a.m., Central Conference Room, Department of Professional and Financial Regulation, Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: March 10, 2000
AGENCY CONTACT PERSON:
NAME: Alan M. Prysunka, Director
ADDRESS: Maine Health Data Organization, Gardiner Annex-Northern Avenue, 102 State House Station, Augusta, Maine 04333-0035
TELEPHONE: 624-8655

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. (New), Rules for the Maine Reduced Cost Drugs for the Uninsured Program.
PROPOSED RULE NUMBER: 2000-P25
CONCISE SUMMARY: This proposal creates an entirely new program as authorized by the 119th Maine Legislature to provide reduced cost drugs for Maine residents. Prescription drug manufacturers will be given the option to participate in a voluntary drug rebate agreement whereby reduced costs are passed on to residents. The program is modeled after the rebate agreement used in the Maine Medicaid and the elderly low cost drug programs. Program benefits will be available to legal residents of the State of Maine who have no other prescription drug benefit plan.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. § 42, § 3173
PUBLIC HEARING:
Date: February 22, 2000
Time: 1.30 p.m.
Location: 1st Floor Conference Room, 35 Anthony Avenue, Augusta, Me.
DEADLINE FOR COMMENTS: March 3, 2000
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
TTY: 207-287-1828

AGENCY: 16-227 - Board of Trustees, Maine Criminal Justice Academy
RULE TITLE OR SUBJECT: Ch. (?), Certification of Law Enforcement Officers
PROPOSED RULE NUMBER: 2000-P26
CONCISE SUMMARY: The Trustees of the Maine Criminal Justice Academy currently certify law enforcement officers as "full-time" or "Part-time" officers, with greater training requirements for full-time officers. The proposed rules replace "fall-time" and "part-time" designations with four levels of certification. The status and training of Level 4 (formerly "full-time") officers will be essentially unchanged. Certification at the three lower levels will be based on training and experience. Legislation will eliminate the designation and current cap on earnings for part-time officers. These rules will take effect January 1, 2002.
TIHS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 25 M.R.S.A. §§ 2801-2809, 5 M.R.S.A. § 8051
PUBLIC HEARING: Not scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 3, 2000
AGENCY CONTACT PERSON: Steven Giorgetti, Director
AGENCY NAME: Maine Criminal Justice Academy
ADDRESS: 93 Silver Street, Waterville, ME 04901
TELEPHONE: (207) 877-8000

AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #00-03
PROPOSED RULE NUMBER: 2000-P27
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 10, 2000, Department of Agriculture, Food & Rural Resources, Room 319 Deering Building, Augusta, Maine 04333
DEADLINE FOR COMMENTS: February 10, 2000
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741

AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 104, Limitations on Earnable Compensation for Purposes of Calculating Average Final Compensation of State Employee and Teacher Members
PROPOSED RULE NUMBER: 2000-P28
CONCISE SUMMARY: This re-proposed rule sets forth the methodology for applying the 5% and 10% cap limitations on earnable compensation for purposes of calculating average final compensation for state employee and teacher members. A hearing on the originally proposed rule was held on December 9, 1999. 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: 5 MRSA §§ 17001(4), 17001(13), and 17103(4)
DEADLINE FOR COMMENTS: March 3, 2000
AGENCY CONTACT PERSON: Sarah Walton
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: 287-3461 or 1-800-451-9800

ADOPTIONS

AGENCY: 16-222 - Department of Public Safety, Bureau of State Police
CHAPTER NUMBER AND TITLE: Ch. 4, Motor Carrier Safety Rules
ADOPTED RULE NUMMER: 2000-45
CONCISE SUMMARY: Due to recent extreme temperatures, industry wide shortages of some home heating products, a shortage of qualified drivers, and now high demand, problems are being experienced meeting demands of home heating products. The Bureau of State Police is therefore adopting an emergency rule which amends 49 CFR 395.3 (a) (1) and 49 CFR 395.3 (b) (1) as it applies to intrastate motor carriers of home heating oil and propane. The emergency rule amends the existing rule by increasing from 60 to 72 the number of hours in any seven consecutive days that a driver employed by a motor carrier transporting or delivering home heating oil or propane may be on duty and drive. It increases from 10 to 12 the number of hours a driver may drive following 8 consecutive hours off duty.
EFFECTIVE DATE: January 24, 2000 (expires February 25, 2000)
AGENCY CONTACT PERSON:
AGENCY NAMIE: Lt. Bruce Dow
ADDRESS: Maine State Police, 20 State House Station, Augusta Me 04333
TELEPHONE: 624-8939

AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 202, Revenue Obligations Securities Program (Amendment 14)
ADOPTED RULE NUMBER: 2000-46
CONCISE SUMMARY: This rule amendment reduces the minimum project size and minimum job creation/retention requirements for major business expansion projects, consistent with P.L. 1999, c. 504, § 8. The amendment also lowers the fees for the program for so-called 501(c)(3) tax exempt organizations, in order to make the program more competitive with other financing options available to these entities.
EFFECTIVE DATE: January 26, 2000
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE:
VOICE: (207) 623-3263
TDD: (207) 626-2715

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