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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/624-7650
FAX 207/287-6545

February 14, 2001
as posted 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/.


PROPOSALS

AGENCY: 02-477 - Department of Professional & Financial Regulation, Board of Occupational Therapy Practice
RULE TITLE OR SUBJECT: Ch. 1 through 8
PROPOSED RULE NUMBER: 2000-P275
EXTENSION OF DEADLINE FOR W RITTEN COMMENTS: The Notice of State Rulemaking published on January 24, 2001 specified a comment deadline of fifteen days following the February 16, 2001 hearing date, or March 3, 2001. The comment deadline is hereby being extended to March 9, 2001.
DEADLINE FOR COMMENTS: Marcy 9, 2001
NAME: Elaine Thibodeau, Health Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 314, Electric Lifeline Program
PROPOSED RULE NUMBER: 2001-P23
CONCISE SUMMARY: This rule establishes the design, administration and funding criteria for a statewide program to assist qualified low-income customers pay their electric bills and will be funded by transmission and distribution utilities and implemented by the Maine State Housing Authority in cooperation with regional Community Action Agencies throughout Maine.
THIS RULE WILL NOT HAVE FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 104, 111
PUBLIC HEARING: March 8, 2001, 9:00 a.m., Public Utilities Comm. Hearing Room, 242 State St., Augusta, ME
DEADLINE FOR COMMENTS: March 31, 2001
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-1396


AGENCY: 17-229 - Department of Transportation
RULE TITLE OR SUBJECT: Ch. (New), Rules Regulating Vehicular Access to or from Any State or State Aid Highways outside Urban Compact Areas
PROPOSED RULE NUMBER: 2001-P24
CONCISE SUMMARY: Rules Regulating Vehicular Access to or from any state highways or state aid highways outside Urban Compact Areas.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 MRSA 704 and 52
PUBLIC HEARING:
Date & Time: March 9, 2001 - 1:30 to 5:30 p.m.
Location: Augusta Civic Center, Sagadahoc Room
DEADLINE FOR COMMENTS: March 19, 2001
AGENCY CONTACT PERSON: Kathleen Fuller AICP, Asst. Director
AGENCY NAME: Maine Department of Transportation
ADDRESS: Bureau of Planning, Child St., 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: 207-287-3131


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 40, Administration of Medication in School Setting
PROPOSED RULE NUMBER: 2001-P25
CONCISE SUMMARY: These rules define the provision for the safe administration of medication in the school setting by non-licensed personnel. It includes a description of the content of a training non-licensed personnel must complete before having authorization to dispense medication to students. It requires school systems to have policies and procedures in place for the safe administration of medication.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A, Sections 254, 2902, and 4502
PUBLIC HEARING: March 7, 2001,1:00 - 3:00 p.m. at the Burton M. Cross State Office Building, Room 116, Augusta, Maine
DEADLINE FOR COMMIENTS: March 19, 2001
AGENCY CONTACT PERSON: DeEtte Hall
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6688


AGENCY: 19-100 - Department of Economic and Community Development
RULE TITLE OR SUBJECT: Ch. 450, Applied Technology Development Center System
PROPOSED RULE NUMBER: 2001-P26
CONCISE SUMMARY: Rules for selection of Applied Technology Development Centers and administration of grants and loans for support of the Centers. The Applied Technology Development Center System is a program to accelerate the early-stage development of technology-based businesses with continual and focused business assistance, information exchange, established technical relationships, shared business services and reduced overhead expenses. The system is an integral component of the State's efforts to further develop its technology-based economy, and consists of a network of self-managed, state-coordinated centers located strategically throughout the State. This rule defines the policies under which the Applied Technology Development Centers will operate, and establishes the process and criteria under which grants will be awarded. The System supports the State Economic Development Strategic Plan, published annually by the Department of Economic and Community Development, which calls for the development of business clusters in targeted, technology based economic sectors. It is designed to complement the State's other investments in research and development by providing a supportive environment to incubate new technology intensive businesses. The goals of the system include retention of successful start-up businesses, improvement of opportunities for workers through the creation of technologically advanced jobs, encouragement of private-sector initiatives, renovation and/or utilization of vacant commercial buildings and generation of new sources of local and state public revenue.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 15321
PUBLIC HEARING): None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 16, 2001
AGENCY CONTACT PERSON: Philip A. Helgerson
AGENCY NAME: Department of Economic and Community Development
ADDRESS: State House Station 59, Augusta, ME 04333
TELEPHONE: 207-287-5715


AGENCY: 14-118 - Department of Mental Health, Mental Retardation, and Substance Abuse Services
RULE TITLE OR SUBJECT: Ch. 4, Regulations for Licensing and Certifying of Substance Abuse
Treatment Programs AMENDMENT
PROPOSED RULE NUMBER: 2001-P27
CONCISE SUMMARY: 4.06, 4.06A: the development of a less-restrictive inpatient alternative for detoxification has been requested by a member of the regulated, provider community. These rules clearly describe the less restrictive alternative (4.06A) and differentiate it from the medically intensive detoxification program currently permitted (4.06). 4.04K: the revisions comply with statute effective 5/11/99, which requires OSA to adopt rules regarding alcohol and drug treatment programs to allow program staffing and supervision by personnel professionally qualified and experienced in alcohol and drug abuse treatment and to eliminate the requirement that personnel be qualified as a particular type of alcohol and drug abuse professional. This rule change was effective on an EMERGENCY basis 4/20/00, effective for up to one year.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-B MRSA 1203.9, 5 MRSA 20005, 20024
PUBLIC HEARING: Thursday, March 8, 2001, 1:30-3:30 p.m., Office of Substance Abuse Conference Room, 3rd floor, Marquardt Building, East Campus, Augusta ME
DEADLINE FOR COMMENTS: March 19, 2001
AGENCY CONTACT PERSON: Nancy Christensen, Director, Special Projects
AGENCY NAME: Department of Mental Health, Mental Retardation and Substance Abuse Services
ADDRESS: 40 State House Station, Augusta ME 04333
TELEPHONE:
207-287-7368 (V)
207-287-2000 (TTY)


AGENCY: 14-193 - Department of Mental Health, Mental Retardation, and Substance Abuse Services
RULE TITLE OR SUBJECT: Ch. 2, Mental Health Request Package REPEAL
PROPOSED RULE NUMBER: 2001-P28
CONCISE SUMMARY: This rule applies to mental health contracting requirements for FY83 and is no longer applicable from either the financial or programmatic perspectives.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-B MRSA 3064
PUBLIC HEARING: March 7, 2001, 3-4 p.m., Conference Room 1, 2nd floor, Marquardt Building, East Campus, Augusta ME
DEADLINE FOR COMMENTS: March 19, 2001
AGENCY CONTACT PERSON: Nancy Christensen, Director, Special Projects
AGENCY NAME: Department of Mental Health, Mental Retardation and Substance Abuse Services
ADDRESS: 40 State House Station, Augusta ME 04333
TELEPHONE:
207-287-7368(V)
207-287-2000(TTY)


ADOPTIONS

AGENCY: 02-360 - Department of Professional & Financial Regulation, Board of Licensure for Professional Land Surveyors
CHAPTER NUMBER AND TITLE:
Ch. 10, Definitions
Ch. 20, General Information
Ch. 30, Advisory Rulings
Ch. 40, Qualifications for Licensure as Land Surveyor-In-Training
Ch. 50, Qualifications for Licensure as Professional Land Surveyor
Ch. 60, Licensure by Comity
Ch. 70, Professional Development
Ch. 80, Fee
Ch. 90, Standards of Practice
Ch. 100, Enforcement and Disciplinary Procedures.
(Repeals Ch. 1-6)
ADOPTED RULE NUMBER: 2001-30 through 2001-39
CONCISE SUMMARY: The amendments repeal and replace the Board's current rules. Chapter 10 will define specialized terms used in the Board's rules. Chapter 20 will establish the procedure for preparing agendas and election of Board officers. Chapter 30 will establish the process for requesting an advisory ruling. Chapter 40 will set the qualifications and application procedures for land surveyor-in-training applicants. Chapter 50 will set the qualifications and application procedures for professional land surveyor applicants. Chapter 60 will set the license qualifications for licensees from other jurisdictions. Chapter 70 will implement the continuing education requirements for renewal. Chapter 80 will set the fees charged by the Board. Chapter 90 will set the professional and technical standards of conduct. Chapter 100 will describe the complaint investigation process.
EFFECTIVE DATE: April 1, 2001
AGENCY CONTACT PERSON: Carol J. Leighton, Administrator
AGENCY NAME: Department of Professional and Financial Regulation, Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-8520


AGENCY: 02-029 - Bureau of Banking, Securities Division
CHAPTER NUMBER AND TITLE: Ch. 539, Offers and Sales of Viatical Settlement Contracts
ADOPTED RULE NUMBER: 2001-44
CONCISE SUMMARY: This rule was adopted to specify the content of disclosure documents which must be given to offerees and buyers of viatical settlement contracts.
EFFECTI'VE DATE: February 7, 2001
AGENCY CONTACT PERSON: Christine Bruenn, Securities Administrator
AGENCY NAME: Securities Division, Bureau of Banking
ADDRESS: 121 State House Station, Augusta, ME 04333-0121
TELEPHONE: (207) 624-8551


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