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February 4, 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: 17-229 - Maine Department of Transportation
RULE TITLE OR SUBJECT: Ch. ?, Regulation for the Installation of Gas, Food, Lodging and Camping Logo Signs on the Rural Part of the Interstate Highway System.
PROPOSED RULE NUMBER: 97-P284
CONCISE SUMMARY: The purpose of these regulations is to regulate the installation of gas, food, lodging and camping logo signs on the rural part of the interstate highway system. These regulations establish the size, shape, manner and location of logo signs and describe the procedure for applying to the Department for permission to erect a logo sign and the criteria used by the Department to select among applicants.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 M.R.S.A. 1912-B
PUBLIC HEARING: February 26, 1998 at 7:00 p.m. in the Council Chambers, Third Floor, Bangor City Hall, 73 Harlow Street, Bangor, Maine
DEADLINE FOR COMMENTS: March 11, 1998
AGENCY CONTACT PERSON: Bruce Ibarguen
AGENCY NAME: Department of Transportation, Traffic Division
ADDRESS: 16 State House Station
Augusta, ME. 04333-0016
TELEPHONE: (207) 287-3775

AGENCY: 10-144 and 10-182 - Department of Human Services: Auditing, Contracting, and Licensing Service Center
RULE TITLE OR SUBJECT:
Ch. 33, Rules for Home Day Care Providers
Ch. 32, Rules for the Licensing of Children's Day Care Facilities
PROPOSED RULE NUMBER: 98-P18
CONCISE SUMMARY: The proposed Chapter 33: Rules for Home Day Care Providers, incorporate and amend existing rules affecting family day care homes, as marked in Chapter 32: "Rules for the Licensing of Children's Day Care Facilities." The new rules replace the current system of either licensure or registration of home child care providers with a uniform certification process. Family or home day care providers are defined as persons who receive some type of payment to provide child care in their homes on a regular basis, for three to twelve children under 13 years old, who are not their own children. To be eligible for certification, providers must meet the standards for health and safety, training, and provider qualifications described by these rules. The rule includes the basis for establishing reasonable fees for application and renewal. Corresponding amendments are being made to Chapter 32. These rules were required by An Act Regarding Child Care Regulation (PL 1997, Chapter 494). The rules are intended to become effective July 1, 1998.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 8302-A; 8303-A
PUBLIC HEARING: February 21,1998 ,1-3:00 p.m., University of Maine Interactive Television Network, broadcast from the Augusta campus, Learning Resource Center Room 15, to the following sites:
Univ. of Southern Maine, Portland, Payson 304
Univ. College, Bangor, Bangor Hall 101
Univ. of Maine at Presque Isle, Pullen 115
Univ. of Maine at Farmington, Studio
Univ. of Maine at Machias, Torrey 4
Univ. of Maine at Fort Kent, Annex 11
UM Houlton Center, 106 Main St.
East Millinocket College Ctr., 1 Industrial Dr.
UM Calais Center, River Rd, Calais
UM Ellsworth Center, Mill Mail, 240 State St.
UM Rumford/Mexico, 9 Brown St., Mexico
Leavitt High School, Turner
UM Sanford Center, 9 Bradeen St., Springvale
UM Saco/Biddeford Ctr. Saco Island, Saco
UM Bath/Brunswick Ctr., 275 Bath Rd, Brunswick
UM Thomaston Center, 42 Main St., Thomaston
All sites will be linked by phone to the Augusta site, to make comments.
DEADLINE FOR COMMENTS: March 3,1998, 5:00 p.m.
AGENCY CONTACT PERSON: Rachel E. Hoar
AGENCY NAME: Auditing, Contracting, and Licensing Service Center, Department of Human Services
ADDRESS: 11 State House Station; 221 State St., Augusta, ME 04333-0011
TELEPHONE: (207) 287-5053 TTY: (207) 287-5003
E-MAIL: Rachel.E.Hoar@maine.gov


AGENCY: 02-502 - Department of Professional and Financial Regulation, Board of Complementary Health Care Providers (formerly Acupuncture Licensing Board)
RULE TITLE OR SUBJECT: Ch. 6, Standards Relating to Prescriptive Authorities and Collaborative Relationships
PROPOSED RULE NUMBER: 98-P19
CONCISE SUMMARY: The purpose of these rules is to propose Chapter 6 which sets standards relating to Prescriptive Authorities and Collaborative Relationships for Naturopathic Doctors. Resulting from substantial comments raised with the initial Chapter 6 rules that were proposed and published on July 7, 1997, this newly revised Chapter is being proposed in its place and addresses public comments raised at that time.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA Chapter 113-B, 12506 and 12522(4)
PUBLIC HEARING: None scheduled unless requested by 5 or more persons.
DEADLINE FOR WRITTEN COMMENTS: March 4,1998
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) 624-8625


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Solid Waste Management Rules (Ch. 400, 401, 402, 403, 405 and 409)
PROPOSED RULE NUMBER: 98-P20
CONCISE SUMMARY: The Solid Waste Management Rules contain the procedures and requirements governing the siting, design and operation of all types of nonhazardous solid waste facilities, including landfills (Chapter 401), transfer and storage sites (Chapter 402), solid waste incinerators (Chapter 403) and waste processing facilities (Chapter 409). General provisions governing all facilities are contained in Chapter 400 and provisions for water quality monitoring, leachate monitoring and waste characterization are contained in Chapter 405. These Chapters have not been revised since 1989. This rulemaking would amend those chapters to accomplish the following purposes:
* to incorporate changes that have been made to Maine law,
* to ensure consistency with applicable federal standards,
* to reflect changes and advances in available solid waste technology,
* to apply practical experience gained since 1989, and
* to present the rules in a clearer way through reorganization and reformatting.
This reorganization would move woodwaste management, tire management, and recycling provisions from Chapters 404, 406, and 408 to the appropriate remaining chapters and repeal 404, 406, and 408.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 M.R.S.A. Section 1304(1)
PUBLIC HEARING: February 25, 1998, starting at 11 a.m., Holiday Inn, Augusta, Maine.
DEADLINE FOR COMMENTS: Postmarked or delivered on or before March 25, 1998
AGENCY CONTACT PERSON: Clifton Eliason
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: 207-287-6115


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources; and 01-015 - Maine Milk Commission
RULE TITLE OR. SUBJECT: Ch. 61, Maine Milk Pool, Cost of Administration
PROPOSED RULE NUMBER: 98-P21
CONCISE SUMMARY: This rule establishes the cost of administering the Maine Milk Pool for the period January 1, 1998 through December 31, 1998.
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., Monday, February 23, 1998, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 228, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
Prefile: February 23, 1998
Closing Comments: March 5,1998
NAME: Cynthia Conner, Pool Administrator
ADDRESS: Maine Milk Commission, Deering Building - Station 28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 610, Rules for Conduct of the Teachers for Maine Program
ADOPTED RULE NUMBER: 98-35
CONCISE SUMMARY: This rule amendment removes provisions relating to loans to teachers, but retains provisions addressing loans to high school seniors and post baccalaureate students pursuing teacher certification. This change was necessitated by recent legislation eliminating loans to individuals who are already teachers. In addition, the rule was changed to impose interest on new loans (previously loans were made without interest), which is permitted by recent changes to the governing statute.
EFFECTIVE DATE: January 25, 1998
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine (FAME), P.O. Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
TELEPHONE:
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Chapters II and III, Section 96, Private Duty Nursing and Personal Care Services
ADOPTED RULE NUMBER: 98-36
CONCISE SUMMARY: The following changes to Chapters II & III, Sec. 96, Private Duty Nursing & Personal Care Services, are adopted: Excluding services provided to individuals under age 21, eligibility for PDN/PCS services shall be determined by the medical eligibility determination (MED) assessment and services will be prior authorized by the Department or its authorized agent. Service utilization will be authorized and monitored by the authorized Home Care Coordinating Agency. Additionally, the scope of personal care services provided by CNA's and HHA's is expanded to include essential household tasks. Reclassification procedures are revised and require a medical eligibility reassessment and prior authorization of services to occur within the timeframe of 5 days prior to and no later than the reclassification date. Chapter III increases reimbursement rates for CNA's and HHA's to $7.07 per 1/2 hour. New codes are added to Chapter III to be used for billing services delivered to individuals age 21 and over.
EFFECTIVE DATE: January 27, 1998
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5519


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 230, Rules Relating to Drinking Water State Revolving Loan Fund
ADOPTED RULE NUMBER: 98-38
CONCISE SUMMARY: These rules detail the uses of the Drinking Water State Revolving Loan Fund (the Fund). They establish the prioritization and certification of eligibility processes for Projects seeking financial assistance from the Fund. They also set forth and explain the environmental review process that public water systems must follow to receive financial assistance from the Fund for water system improvement projects. An environmental review is required of all projects receiving financial assistance from the Fund. The review is a measure to ensure that the projects comply with applicable local, state and federal laws relating to the protection, restoration and enhancement of the human environment affected by the project.
AGENCY CONTACT PERSON: Wendy H. Coffin
AGENCY NAME: Department of Human Services
ADDRESS: Division of Health Engineering 157 Capitol Street, 10 State House Station Augusta, ME 04333-0010
TELEPHONE:
(207)287-5684
TTY (207) 287-2070


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 45, Shrimp
ADOPTED RULE NUMBER: 98-39
CONCISE SUMMARY: This rule adopts, through the regular rule-making process, changes effective with the emergency rule for establishing the 1997/1998 shrimp season. The season began December 8, 1997 and will end May 22, 1998, dates inclusive, with the following closure dates: Saturdays and Sundays are closed throughout the entire season, (except Saturday and Sunday March 14 and 15, 1998) plus December 25 through December 31, 1997 and March 16 through March 31, 1998 dates inclusive. The season for the harvest of shrimp by trap shall be January I through March 15, 1998, dates inclusive, with the following closures dates: Sundays except for Sunday March 15, 1998.

CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab
ADOPTED RULE NUMBER: 98-40
CONCISE SUMMARY: The Commissioner has accepted the recommendation from the lobster management zone council for Zone G that will enact a reduction in the number of lobster traps allowed to be fished by license holders in Zone G. The maximum number of lobster traps would be 1200 as of March 1, 1998, 1000 traps as of March 1, 1999 and 800 traps as of March 1, 2000. This proposed rule was approved by zone members in a zone-wide referendum. The Commissioner has accepted the recommendation from the lobster management zone council for Zone E that will enact a reduction in the number of lobster traps allowed to be fished by license holders in Zone E. The maximum number of lobster traps would be 800 as of March 1, 1998, 700 traps as of March 1, 1999 and 600 traps as of March 1, 2000. This proposed rule was approved by zone members in a zone-wide referendum.

EFFECTIVE DATE: January 28, 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


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services, Division of Licensing and Certification
CHAPTER NUMBER AND TITLE: Ch. 117, Regulations Governing the Licensing and Functioning of Adult Day Services Programs
ADOPTED RULE NUMBER: 98-45
CONCISE SUMMARY: These final regulations replace the Emergency Regulations Governing the Licensing and Functioning of Adult Day Services Programs in effect since October 15, 1997 which were replacement regulations for the Bureau of Elder and Adult Services (10-149) Adult Day Care Program Regulations, Chapter 61, eliminated October 15, 1997.
EFFECTIVE DATE: February 1, 1998
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY: Division of Licensing and Certification, 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
TTY: (207) 624-5512


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