Skip Maine state header navigation

Agencies | Online Services | Help

February 24, 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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine
PROPOSED RULE NUMBER: 99-P29
CONCISE SUMMARY: These new proposed rules are established to provide for State licensure of the new Federal regulations regarding the Medicare Condition of Participation, Critical Access Hospitals, based on Section 1820(c) of the Social Security Act, 42 Code of Federal Regulations, 485.601 through 485.645. A new Chapter, XXVII., will be added to the Regulations for the Licensure of General and Specialty Hospitals in the State of Maine to address the licensure requirements for a Critical Access Hospital. Other changes include:
Chapter Ill., The General Hospital, adding Chapter III.A.1., definition of the Critical Access Hospitals.
Chapter IV., Licensing, adding Chapter IV.B.2., Application Procedure for Critical Access Hospitals.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22 of the Revised Statutes of Maine, 1964: Chapter 1, Sections 3, 5, 6, 42, 1811, 1813, 1814-1817, and 1820
Date(s)/Place(s) of Hearing(s): March 15, 1999 at 1:00 p.m., 2nd Floor Conference Room, Division of Licensing & Certification, 35 Anthony Ave., #11 SHS, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: March 25, 1999
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
FAX: (207) 624-5386
TTY - DEAF/HARD OF HEARING: (207) 624-5512


AGENCY: 01-015, Department of Agriculture, Food and Rural Resources, Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #99-04
PROPOSED RULE NUMBER: 99-P31
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., March 11, 1999, Department Of Agriculture, Food & Rural Resources, Deering Building Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: March 11, 1999
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 99-P32
CONCISE SUMMARY: Able-Bodied Adults Without Dependents (ABAWDS) who are not otherwise exempt from work requirements may be waived from the requirements of the time limited rule if they meet one of the following characteristics: eighth grade education or less, language limited, lack of accessible transportation, or homelessness. For this section, homeless rules will not include those individuals living in a temporary accommodation in the residence of another.
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 26, 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 Health
RULE TITLE OR SUBJECT: Ch. 258, Rules for the Control of Notifiable Conditions
PROPOSED RULE NUMBER: 99-P33
CONCISE SUMMARY: These rules amend the current department of human services regulations which govern the reporting of certain diseases, clusters of unusual cases of a disease or outbreaks of a disease. The amendments are being made in order to include new disease entities and to expand the list of notifiable conditions and to incorporate appropriate reporting processes into the regulations, as required by MRSA, Chapter 250, Control of Communicable Diseases, Sections 801-825.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA, Chapter 250, Control of Communicable Diseases, Section 801-825
PUBLIC HEARING: March 17, 1999; 1:00 p.m.; 219 Capitol St., Large Conference Room, Department of Human Services
DEADLINE FOR COMMENTS: March 29, 1999
AGENCY CONTACT PERSON: Kathleen F. Gensheimer, M.D., M.P.H., State Epidemiologist
AGENCY NAME: Maine Bureau of Health
ADDRESS: 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-5301


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 7.40, Requirements for Municipalities having Shellfish Conservation Programs, Licensing of Shellfish Harvesters PROPOSED RULE NUMBER: 99-P34
CONCISE SUMMARY: The purpose of this rule is to provide a greater degree of flexibility to towns that administer shellfish conservation programs in general. The amendments clarify the existing rules that specifically address the sale of licenses and the procedures used by towns to allocate shellfish licenses.
AGENCY CONTACT PERSON: Hal Winters

RULE TITLE OR SUBJECT: Ch. 25.82, Lobster Trap Maximum Size
PROPOSED RULE NUMBER: 99-P35
CONCISE SUMMARY: These proposed measures would provide regulatory consistency with the Atlantic States Marine Fisheries Commission, Amendment #3 Interstate Fishery Management Plan for Lobster, approved December 16, 1997. The proposed regulation makes it unlawful to possess a lobster trap with a volume larger than 22,950 cubic inches. If and when this rule is adopted applications for exemptions from this provision would be provided by the Department for 60 days from the effective date of the proposed rule.
AGENCY CONTACT PERSON: Laurice U. Churchill

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, March 26, 1999
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


ADOPTIONS

AGENCY: 05-071 - Department of Education/State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 115, Certification of Educational Personnel
ADOPTED RULE NUMBER: 99-70
CONCISE SUMMARY: This rule is being proposed in order to establish the procedures and requirements that will be used in implementing P.L. 452, entitled An Act to Provide for State and Federal Criminal Record Checks on Educational Personnel in the state. Beginning July 1, 1999, educational personnel must satisfactorily complete state and federal criminal history record checks prior to being employed in Maine public and approved private schools. Certain criminal convictions will effect an individual's, eligibility for certification, authorization, or approval.
EFFECTIVE DATE: February 14, 1999
AGENCY CONTACT PERSON: Nancy T. lbarguen
AGENCY NAME: Department of Education Certification Office
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: 207/287-5944
TDD NUMBER: 207/287-2550


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (AFDC), Transitional Child Care Guidelines
ADOPTED RULE NUMBER: 99-71
CONCISE SUMMARY: This policy proposes to adopt the maximum Transitional Child Care income guidelines and fee assessment schedule which became effective October 1, 1998 through September 30, 1999 through emergency rulemaking procedures.
EFFECTIVE DATE: February 16, 1999
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 920, Reporting of Fraudulent Insurance Acts
ADOPTED RULE NUMBER: 99-79
CONCISE SUMMARY: Sets forth the insurance fraud reporting format which the Superintendent is required by statute to adopt.
EFFECTIVE DATE: February 23, 1999
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, State House Station #34, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #99-03
ADOPTED RULE NUMBER: 99-80
CONCISE SUMMARY: Minimum March, 1999 producer Class I set at $19.51 and no Northeast Interstate Dairy Compact over order price. March, 1999 Class II goes to $16.57. and Class III minimums set at $16.30. These changes were passed on in minimum prices.
EFFECTIVE DATE: March 1, 1999
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building - Station 28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


Return to the Online Rules Home Page.

Return to the APA Home Page.

Return to the Division of Rules, Commissions and Administration Home Page.

Return to the Bureau of Corporations, Elections and Commissions Home Page.

Return to the Department of the Secretary of State Home Page.