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February 11, 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: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 270, Maine Apiary Rules (Amendment to Fee Schedule)
PROPOSED RULE NUMBER: 97-P22
CONCISE SUMMARY: The Maine Apiary Law was amended in June, 1997 authorizing beekeeper license and registration fees to accrue as dedicated revenue for the Division of Plant Industry. The amended rule incorporates the changes made to the Apiary Law enacted by L.D. 265 and increases the license and registration fees in order to fund apiary inspection.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA Chapter 521 2701, Chapter 523 2754
PUBLIC HEARING: March 4, 1998, 1:30 p.m., Dept. Agriculture, Deering Building, Room 336, Augusta
DEADLINE FOR COMMENTS: March 13, 1998
AGENCY CONTACT PERSON:
NAME: Anthony M. Jadczak, State Apiarist
ADDRESS: Division of Plant Industry, 28 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 287-3891


ADOPTIONS

AGENCY: 02-381 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Oil and Solid Fuel Board
RULE TITLE OR SUBJECT:
Ch. 1 (New) -Definitions
Ch. 2 (New) - General Information
Ch. 3 (New) - Licensure Requirements
Ch. 4 (New) - Examination Requirements
Ch. 5 (New) - Use of Other License
Ch. 6 (New) - Fees
Ch. 7 (New) - Adoption of Standards and Rules
Ch. 8 (New) - Modification of Standards
Ch. 9 (New) - Installation of Oil Burning Equipment
Ch. 10 (New) - Installation of Solid Fuel Burning Equipment
Ch. 11 (New) - Chimneys
Ch. 12 (New) - Installation of Oil Fired Equipment in Repair, Parking, and Residential Garages
Ch. 13 (New) - Installation of Waste Oil Appliances and Waste Oil Supply Tanks
Ch. 14 (New) - Complaints, Investigations and Adjudicatory Hearings
Ch. 110 (Repeal) - Licensing Provisions
Ch. 120 (Repeal) - Modification of Standards
Ch. 130 (Repeal) - The Registration of Manufacturers and Importers of Equipment
Ch. 140 (Repeal) - Standards for the Installation of Oil Burning Equipment
Ch. 150 (Repeal) - Other Equipment Specifications and Standards
Ch. 160 (Repeal) - Standards for the Installation of Solid Fuel Burning Equipment
Ch. 170 (Repeal) - Special Conditions for Installation of Oil Fired Equipment in Parking, Repair & Residential Garage
Ch. 180 (Repeal) - Safety Controls
Ch. 190 (Repeal) - Enforcement and Disciplinary Procedures
Ch. 200 (Repeal) - Rules of Practice
ADOPTED RULE NUMBERS: 98-48 through 98-71
CONCISE SUMMARY: These rules will clarify wording of the law and further clarify statutory definitions as well as establish guidelines relating to meetings, advisory rulings, and maintenance of records. These rules sets forth the requirements for licensure for Apprentices, Journeyman and Masters and examination requirements for Journeyman and Masters. They set forth standards to be adopted by the Board for the installation of any oil and solid fuel burning equipment, chimneys, fireplaces and vents. These rules allow the Board to authorize modifications to installation under unusual circumstances. These rules set forth the guidelines for the installation of oil burning equipment, solid fuel burning, equipment, and chimneys. These rules also set forth the proper installation and location of oil burning equipment in repair, parking and residential garages. These rules describe the procedure by which complaints and adjudicatory hearings will be handled by the Board.
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: 10-144 - Department of Human Services, Bureau of Family Independence

RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - qualifying Individuals
ADOPTED RULE NUMBER: 98-72
CONCISE SUMMARY: This rule reflects a new Federal law requiring Medicaid to pay for the Medicare Part B premium of individuals who are entitled to Medicare Part A and whose monthly income is between 120% and 135% of the Federal Poverty Level (currently these amounts are $789 and $888 for-an individual or $1,061 and $1,194 for a couple). Assets must be less than $4,000 for an individual or, for a married couple. assets must be less than $6.000.

RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Protected Assets, Disregard of Payments from Walker v. Bayer, Personal Needs Allowance
ADOPTED RULE NUMBER: 97-73
CONCISE SUMMARY: This rule:
1. Increases the protected assets for the community spouse of a nursing home applicant and the maximum income allocation for those in a nursing facility, and,
2. Disregards as payments received in the Walter v. Bayer class settlement, and,
3. Increases the personal needs allowance for single individuals in nursing homes who get a VA pension to $130 per month.

EFFECTIVE DATE: February 7, 1998
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


AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing Motorcycle Rider Education
ADOPTED RULE NUMBER: 98-74
CONCISE SUMMARY: These rules outline the standards and requirements for the licensing of motorcycle rider education instructors, describe application procedures, establish instructor certification courses, define the motorcycle rider education program and list site requirements.
EFFECTIVE DATE: February 7, 1998
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4687


AGENCY: 07-105 - Executive Department, State Planning Office
CHAPTER NUMBER AND TITLE: Ch. 300, Municipal Code Enforcement Officer Qualification and Certification Standards Rule. This Rule repeals and replaces the existing Rule.
ADOPTED RULE NUMBER: 98-76
CONCISE SUMMARY: The State Planning Office is adopting a new Municipal Code Enforcement Officer Qualification and Certification Standards Rule, repealing and replacing the Rule first adopted in December, 1991. Changes are largely a reorganization and clarification of the existing Rule, including further development of the recertification process for Advanced Certification and the elimination of language that has lost meaning due to the passage of time. Also included is an amendment to recognize Title 30-A M.R.S.A. 4453, regarding the certification of individuals in the use of Rule 80K of Maine Rules of Civil Procedure.
EFFECTIVE DATE: February 8, 1998
AGENCY CONTACT PERSON: Daniel W. Soule
AGENCY NAME: State Planning Office
ADDRESS: Code Enforcement Training and Certification Program, 38 State House Station, Augusta, ME 04333-0038
TELEPHONE: (207) 287-8064


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