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March 8, 2000
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 adopted 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 Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - 2000 Federal Poverty Levels
PROPOSED RULE NUMBER: 2000-45
CONCISE SUMMARY: This rule puts into effect the 2000 Federal Poverty Level (FPL). The FPLs are updated each year by the Federal Department of Health and Human Services. The FPL serves as the income limit in Cub Care, Medicaid for children and their parents, elderly and disabled individuals and pregnant women.
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: April 7, 2000
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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 42, Striped Bass
PROPOSED RULE NUMBER: 2000-P46
CONCISE SUMMARY: The Department of Marine Resources proposes to reduce the striped bass creel limit from two to one fish daily to meet the Atlantic States Marine Fisheries Commission striped bass interstate management plan requirements and to reduce mortality on striped bass age 8 (28 inches) and older. Because of the reduction in the daily creel limit, it is no longer necessary to continue to restrict the fishing season. Therefore, outside the Kennebec River system, there will be no season restriction and one fish per day may be retained year round. The one fish daily allowance may be either a fish between 20 and 26 inches total length or 40 inches or greater in size. Current Kennebec River regulations will remain the same as in 1999 except that the one fish daily limit applies from July 1 through November 30 (catch and release only fishing and a bait prohibition continue in effect during the months of May and June). The Kennebec River is closed to striped bass fishing from December 1 through April 30 annually.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, April 7, 2000
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


ADOPTIONS

AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 61, Maine Milk Pool: Cost of Administration
ADOPTED RULE NUMBER: 2000-83
CONCISE SUMMARY: These amendments to the Maine Milk Pool Cost of Administration Rule, Chapter #61, were proposed to reflect the estimated administrative costs of operating the Pool for calendar year 2000.
EFFECTIVE DATE: February 28, 2000
AGENCY CONTACT PERSON:
NAME: Stanley Millay, Pool Administrator, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 99-346 - Maine State Housing Authority
CIFIAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program Rule
ADOPTED RULE NUMBER: 2000-84
CONCISE SUMMARY: The State of Maine was awarded $6,300,000 in emergency supplemental funds to provide fuel assistance and energy related crisis assistance to low income households in the State of Maine. The President of the United States recommends, and the Governor of the State of Maine agrees, that the supplemental funds should be used to help low income households not currently served by the Home Energy Assistance Program because of the extraordinary increase in heating fuel prices this winter. The current Program provides HEAP assistance to (i) households with annual income up to 125% of the federal poverty guidelines and (ii) households with annual income up to a maximum of 150% of the federal poverty guidelines with an elderly person, a person with special needs, a child under the age of 25 months, or a person vulnerable to hypothermia. The amended Rule expands the Program to serve households with annual income up to a maximum of 170% of the federal poverty guidelines that are not currently eligible for assistance under the Program, increases the benefit level for certain energy-related crisis assistance and extends the deadline for accepting applications for assistance. MSHA has determined that the emergency adoption of this Rule is necessary to avoid an immediate threat to the public health, safety and general welfare of the people of the State of Maine.
EFFECTIVE DATE: March 3, 2000
AGENCY CONTACT PERSON: Jodie S. Sullivan, Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207) 626-4600


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