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Weekly Rulemaking Notices Contact Us Find It

March 5, 2003
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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #04-03
PROPOSED RULE NUMBER: 2003-P35
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class 1, 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 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 1:30 p.m., March 21, 2003, Room 233, Department of Agriculture, Deering Building, Hospital Street Augusta, Maine 04333
DEADLINE FOR COMMENTS: March 21, 2003
NAME: Stanley K. Millay, Executive Director
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. 323, Maine General Assistance Manual - 2003 Federal Poverty Levels.
PROPOSED RULE NUMBER: 2003-P37
CONCISE SUMMARY: The Federal Poverty Levels changed on February 1, 2003. The chart in policy needs to be changed so that current levels are used to calculate a General Assistance application when the applicant received a Lump Sum Payment.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 4301 sub- 7
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 9, 2003
AGENCY CONTACT PERSON: Cynthia Boyd, General Assistance Program Manager
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-3097
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 26.15(l)(B), Sea Urchin Harvester License Limited Entry System, Exit Ratio definition
Ch. 26.15(2)(B)(C) & (G), Limited Entry Procedures: deadlines
Ch. 26.15(3)(B)(C) & (D), Issuing the Awarded Licenses
PROPOSED RULE NUMBER: 2003-P38
CONCISE SUMMARY: These proposed regulations would amend the exit ratio for sea urchin licenses from 5:1 to 10:1. This is part of the limited entry system for the purpose of awarding sea urchin hand fishing, dragging, handraking and trapping license eligibility to those persons who did not hold that license in the previous calendar year. The proposed regulations would also change the December 31 application deadline. Applications would be accepted until 5:00 p.m., February 15. Also, the annual lottery held by March 31 each year would be held by June 30, for the year 2003, and the deadline for applying for a license once eligibility had been awarded would be August 31 instead of July 31, in all years.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171 and 6749-0
PUBLIC HEARING: Friday, March, 28, 2003, 7:00 p.m., 515 Main Street,
State Ferry Terminal, Conference Room, Rockland
DEADLINE FOR COMMENTS: Monday, April 7, 2003
AGENCY CONTACT PERSON: Margaret Hunter. Mail written comments to: c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9500
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing).
Hearing facilities: if you require accommodations due to disability, please contact Bert Bilodeau, at (207) 624-6569.


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, Medicaid Eligibility Manual - SSI COLA Increase 2003
ADOPTED RULE NUMBER: 2003-51
CONCISE SUMMARY: As of 1/1/03, this rule, which shows a 1.4% COLA increase in SSI benefits, changes the following monthly income amounts used in MaineCare: (1) The monthly income limit for Home Based Waivers, Katy Beckett coverage and the categorical income limit for nursing care is changed from $1,635 to $1,656. The monthly income limit for Adult Family Care Home is changed from $1,706 to $1,728. (2) The monthly income limit for the State Supplement for an individual living at home changes from $555 to $562 and for a couple, the change is from $832 to $844. (3) As of 1/1/03, this rule increases the amount of protected assets for the community spouse of a nursing home applicant. The new amount is $90,660. (4) The maximum monthly income allocation to a community spouse from the nursing home applicant increases to $2,267. (5) The QI 2 payment for 2003 is eliminated. (6) The maximum monthly State Supplement payment to residents of Cost Reimbursed Boarding Homes and Adult Family Care Homes is now $234 (up from $219) for 1 person. For a couple the new amount is $636 (up from $631).
EFFECTIVE DATE: February 24, 2003
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 01-015 - Maine Milk Commission

CHAPTER NUMBER AND TITLE: Ch. 29, Dealer Margins
ADOPTED RULE NUMBER: 2003-52
CONCISE SUMMARY: Dealer Margins have been established for various container sizes. New Dealer Margins are as follows: Gallon $0.7227 / Three-Quart $0.8572 / Half-Gallon $0.4131 / Quart
$0.3085 / Twenty-Quart $4.3913.
EFFECTIVE DATE: April 1, 2003

CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #03-03
ADOPTED RULE NUMBER: 2003-53
CONCISE SUMMARY: Minimum March, 2003 Class I price is $13.06 plus $0.90/cwt. for Producer Margins and an over order premium of $0.80/cwt. as being prevailing in southern New England for a total of $14.76. Class II minimums set at $11.44 which includes $0.15/cwt. for Producer Margins. These changes were passed on in minimum prices. Minimum prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.html
EFFECTIVE DATE: March 1, 2003

AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 320, BETR Reimbursement Loan Program
ADOPTED RULE NUMBER: 2003-54
CONCISE SUMMARY: This rule establishes the procedures, standards and fees applicable to borrowers applying for loans from the Authority's program of direct loans for businesses facing a substantial hardship from delay in the payment of the BETR Reimbursement.
EFFECTIVE DATE: March 2, 2003
AGENCY CONTACT PERSON:
Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 607, Amendment 6, Access to Medical Education & Health Professions Loan Program
ADOPTED RULE NUMBER: 2003-55
CONCISE SUMMARY: The Rule Amendment adds a definition of large animal to further describe the clinical rotation that Veterinary Access students must complete and for purposes of prioritizing the award of Health Professions loans. The Rule Amendment also extends the beginning of the loan repayment period from 3 to 6 months following conclusion of education, which is consistent with federal student loan repayment schedules.
EFFECTIVE DATE: March 2, 2003
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 611, Amendment 5, Maine College Savings Program
ADOPTED RULE NUMBER: 2003-56
CONCISE SUMMARY: The rule amendment implements the NextGen Scholarship programs. It also eliminates all references to the Procedures and Guidelines and makes other minor changes. The amendment also makes modifications to the annual matching grant program to allow applications for a full year following the year the eligible contribution is made.
EFFECTIVE DATE: March 2, 2003
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II, Section 96, Private Duty Nursing & Personal Care Services
ADOPTED RULE NUMBER: 2003-57
CONCISE SUMMARY: This emergency rule adopts changes to the medical eligibility criteria which will allow expanded eligibility for services under this rule. Certain members who previously qualified for the state-funded Home Based Care program may now qualify for MaineCare covered services under this rule. A revised definition for instrumental activities of daily living (IADQ is also adopted. This rule and notice may be accessed online on the Bureau of Medical Services website at: http://www.maine.gov/bms/rulemaking/
EFFECTIVE DATE: March 1, 2003
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: MaineCare Policy Development
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360
TTY: (207) 287-1828 or 1 (800) 423-4331



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