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February 10, 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: 16-227 - Board of Trustees, Maine Criminal Justice Academy
RULE TITLE OR SUBJECT: Ch. ?, Certification of Law Enforcement Officers
PROPOSED RULE NUMBER: 99-P16
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 rule replaces "full-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 1 January 2002.
THIS 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: 2 March 1999 at 10:00 a.m., Maine Criminal Justice Academy, 93 Silver Street, Waterville, Maine 04901
DEADLINE FOR COMMENTS: 15 March 1999
AGENCY CONTACT PERSON: Steven Giorgetti, Director, Maine Criminal Justice Academy, 93 Silver Street, Waterville, Maine 04901
PHONE: (207) 877-8000


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual
PROPOSED RULE NUMBER: 99-P18
CONCISE SUMMARY: This rule:
* clarifies existing rules by rewording policy,
* changes AFDC-related rules to comply with Section 1931 of the Social Security Act (definitions of unemployed parent, "essential person" and disregards from self-employment income).
* changes AFDC-related and SSI-related rules regarding the treatment of certain VA payments to Vietnam veterans,
* changes Cub Care rules deleting the requirement to refer the non-custodial parent to Support Enforcement if they do not have medical insurance for Cub Care eligible children.
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: March 12, 1999.
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 Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 99-P19
CONCISE SUMMARY: In order to have uniform areas of the State which are subject to both work registration and the three month time limited eligibility rules, the list of exempted areas for work registration is being expanded to include areas waived by the federal government for time limited eligibility. One county, Waldo, will no longer be exempt from work registration or waived for the three month time limits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: March 12, 1999.
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool Cost of Administration
PROPOSED RULE NUMBER: 99-P20
CONCISE SUMMARY: This amendment to the Maine Milk Pool Cost of Administration Rule, Chapter #61, is proposed to reflect the estimated administrative cost of operating the pool for calendar year 1999.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA, 3154 (2)
PUBLIC HEARING: March 2,1999, 9:00 a.m., AMHI Complex, Deering Building Room 336, Augusta
DEADLINE FOR COMMENTS: March 12,1999
AGENCY CONTACT PERSON: Cynthia L. Masterman
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station Augusta, Maine 04333
TELEPHONE: 207-287-7521


AGENCY: 01-026, Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Ch. 28, Notification Provisions for Outdoor Pesticide Applications (amendment)
PROPOSED RULE NUMBER: 99-P21
CONCISE SUMMARY: The Board is proposing a housekeeping amendment to correct an oversight when this new chapter was adopted on September 22, 1998. The rule currently requires commercial applicators to post four by five inch signs when conducting ornamental pest control applications. The Board has since realized that this will not be a productive means for providing public notice of aerial applications to control pests such as the brown tail moth in residential areas. Since Section III of Chapter 51 - Notice of Aerial Pesticide Applications - already contains extensive provisions for public notification, the Board is proposing to exempt any person providing notice in accordance with Chapter 51 from the posting rules in Section 3 of this rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 M.R.S.A., 8051 et seq. and 22 M.R.S.A., 1471-M(2)D
PUBLIC HEARING: None scheduled but one may be requested by contacting the agency contact person listed below.
DEADLINE FOR COMMENTS: 4:00 p.m., March 15, 1999
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: 207-287-2731
FAX: 207-287- 7548
EMAIL: robert.batteese@maine.gov
URL:http://www.maine.gov/agriculture/pesticides/rules.htm


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - SSI COLA Increase - 1999
ADOPTED RULE NUMBER: 99-49
CONCISE SUMMARY: As of 1/1/99, this rule, which shows a 1.3% COLA increase in SSI benefits, changes the following monthly income amounts used in Medicaid: (1) the income limit for Home Based Waivers, Katy Beckett coverage and the categorical income limit for nursing care is changed from $1482 to $1500. (2) The income limit for the State Supplement for an individual living at home changes from $504 to $510 and for a couple, the change is from $756 to $766. Also, as of 1/1/99, this rule increases the amount of protected assets for the community spouse of a nursing home applicant. The new amount is $81,960. The maximum monthly income allocation to the community spouse from the nursing home applicant increases to $2,049.
EFFECTIVE DATE: February 2, 1999
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)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 99-50
CONCISE SUMMARY: Individuals living in Aroostook County will now be exempt from work registration for Food Stamp purposes. Residents of Hancock, Knox, Lincoln, and Sagadahoc Counties will no longer be exempt due to geographic area. Food Stamps will now be considered a means tested program when determining eligibility for qualifying quarters for Food Stamp eligibility for legal aliens.
EFFECTIVE DATE: February 2, 1999
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 323, General Assistance Policy Manual - Interim Assistance Reimbursement and Municipal Work Program
ADOPTED RULE NUMBER: 99-51
CONCISE SUMMARY: This rule clarifies existing policy and makes a change in the Interim Assistance Reimbursement Program. When a client does workfare for the municipality while receiving General Assistance and waiting for a decision on their SSI retroactive payment, the municipality needs to give a monetary hourly value to the workfare performed. The value of the workfare is subtracted from the General Assistance received before the Department and municipality are repaid for the General Assistance that was paid on behalf of the client.
EFFECTIVE DATE: February 2, 1999
AGENCY CONTACT PERSON: Cindy Boyd, General Assistance 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
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 06-096 - Board of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 1000, Amendments to State of Maine Guidelines for Municipal Shoreland Zoning Ordinances.
ADOPTED RULE NUMBER: 99-52
CONCISE SUMMARY: This rule establishes requirements to be included in local ordinances when a municipality adopts the allowable alternative to the 30% expansion limitation for nonconforming structures in the shoreland zone. It also clarifies what is considered to be an increase in nonconformity of a structure. The rule also amends the definition of "functionally water-dependent uses", making it clear that recreational boat storage structures are not water-dependent.
EFFECTIVE DATE: February 6, 1999
AGENCY CONTACT PERSON: Richard P. Baker
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7730


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1 - 1.01, Open Water Fishing, and 1.02, Ice Fishing
ADOPTED RULE NUMBER: 99-57
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule changing the regulation on landlocked salmon on Chesuncook Lake in Piscataquis County to General Law limits as follows: Daily bag limit on salmon: 2 fish; minimum length limit on salmon: 14 inches. This amendment applies to the current ice fishing season as well as the 1999 open water fishing season and reads as follows:
PISCATAQUIS COUNTY: Chesuncook Lake, T3R12 WELS, etc. Daily bag limit on salmon: 2 fish; minimum length limit on salmon: 14 inches.
EFFECTIVE DATE: February 8, 1999
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


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