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March 10, 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, Division of Health Engineering, Radiation Control Program
RULE TITLE OR SUBJECT: Ch. 220, Radioactive Materials Regulations Changes
PROPOSED RULE NUMBER: 99-P17
CONCISE SUMMARY: The proposed revision to the current State of Maine Regulations Relating to Radiation Protection makes the State compatible with the Federal Nuclear Regulatory Commission regulations, increases the x-ray section fees, and clarifies the requirements for industrial x-ray users in the state.
STATUTORY AUTHORITY: 22 MRSA 674
PUBLIC HEARING: Hearing was held February 24, 1999
DEADLINE FOR COMMENTS: Comment deadline is being extended to March 26, 1999
AGENCY CONTACT PERSON:
NAME: Jay C. Hyland, P.E. Radiation Control Program ADDRESS: 10 State House Station, Augusta, Maine 04333-0010
PHONE: 287-5676
E-MAIL: jay.hyland@maine.gov

AGENCY: 94-178 - Adaptive Equipment Loan Program Fund Board
RULE TITLE OR SUBJECT: Ch. 502, Bylaws and Administration of the Adaptive Equipment Loan Program Fund Board, Amendment 1
PROPOSED RULE NUMBER: 99-P42
CONCISE SUMMARY: This Rule amendment implements a code of ethics for board members and employees of service contractors to the Board. Under the code Board members and certain relatives and affiliated entities thereof, will be ineligible for loans from the board and board members and employees of service contractors will be required to abstain from involvement in other matters in which they have a conflict.
THIS RULE AMENDMENT WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 374(4); 5 MRSA 9001
PUBLIC HEARING: None; one would be scheduled at the request of 5 or more persons.
DEADLINE FOR COMMENTS: Written comments are requested on or before April 9, 1999.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, P.O. Box 949, 83 Western Avenue, Augusta, Maine 04332
PHONE: (207) 623-3263


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 856, Hazardous waste facilities; licensing exemption for elementary neutralization units
RULE NUMBER: 99-P43
CONCISE SUMMARY: The department proposes to revise chapter 856 to incorporate the statutory licensing exemption under 38 MRSA 1319-L, sub-1. Section 1319-L exempts elementary neutralization units from the licensing requirements of Maine hazardous waste law if the units meet applicable requirements of law. The proposed rule will identify the requirements that must be met to qualify for exemption. Elementary neutralization refers to the process of collecting liquid waste that is hazardous solely because it exhibits the characteristic of corrosivity, and then neutralizing it so that it no longer is hazardous, i.e. so that the resulting pH is above 2.0 and below 12.5. The term "elementary neutralization unit" means the tanks, pipes, containers or other devices used to collect and neutralize the waste.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 38, Maine Revised Statutes Annotated, section 1319-O, subsection 1, paragraph D.
PUBLIC HEARING: The department does not plan to hold a public hearing on the proposed rule revision. A hearing may be requested by writing to the address below. Written requests should state why the petitioner believes a hearing is warranted, and must be received by the comment deadline below.
DEADLINE FOR WRITTEN COMMENTS: Friday, April 9, 1999
AGENCY CONTACT: John James, DEP-BRWM, 17 SHS, Augusta, ME 04333
TELEPHONE: 287-7866


AGENCY: 10-149 - Department of Human Services, Bureau of Elder and Adult Services
RULE TITLE OR SUBJECT: Ch. 5, Bureau of Elder and Adult Services Policy Manual
PROPOSED RULE NUMBER: 99-P44
CONCISE SUMMARY: The proposed rules carry out the legislative mandate included in LD 50 (PL 99, Ch. 4) to implement a plan to revise cost-sharing requirements of home care programs funded through the Department of Human Services so that persons with higher incomes pay a proportionately higher share of the cost of the home care services they receive. They also revise appeal and administrative provisions that apply to Home Based Care, Consumer Directed Home Based Care, Homemaker, Congregate Housing, Alzheimer's Respite and Adult Day Services Programs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 99, Ch. 4; 22 MRSA Sec. 312, 5106, 5107, 6203, 7303, 7915 and MRSA 24-A See. 6214.
PUBLIC HEARING: Monday, March 29, 1999, 1:00 p.m., Large Conference Room, Bureau of Elder and Adult Services, 35 Anthony Avenue (Augusta Business Park), Augusta
DEADLINE FOR COMMENTS: Friday, April 9, 1999, 5:00 p.m.
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station (35 Anthony Avenue), Augusta, ME 04333-0011
TELEPHONE: (207) 624-5335 or 1 (800) 262-2232
TTY: (207) 624-5442 or 1 (888) 720-1925


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Qualifying Individuals Part 2
ADOPTED RULE NUMBER: 99-93
CONCISE SUMMARY: This rule provides for help in paying for Medicare Part B premium as authorized by the U.S. Congress. The benefit is $1.07 per month for 1998 and $2.23 per month for 1999. Eligible individuals must have assets under $4,000 and monthly gross income between $981 (countable income limit is $906) and $1,249 (countable income limit is $1,174). For a couple, assets must be under $6,000 and monthly gross income between 1,321 (countable income limit is $1,221) and $1,683 (countable income limit is $1,583). Gross income limits include $75 State and Federal disregards on most unearned income for an individual ($100 for a couple). Individuals must also be entitled to or enrolled in Medicare Part A.
EFFECTIVE DATE: March 3, 1999
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 65, Mental Health Services
ADOPTED RULE NUMBER: 99-94
CONCISE SUMMARY: This final rule further clarifies eligibility requirements for Children's Behavioral Health Services. Staffing qualifications and responsibilities for Children's Behavioral Health Services are specifically delineated and required elements in the child's treatment plan are outlined. Family Psychoeducation Treatment Program Services has been added as a covered service for both children and adults. Subsections 65.02-3, 65.04-1 (E), 65.04-2(l), 65.05-2 and 65.08-4 define the program and establish eligibility, staffing and program requirements. Chapter III reflects related fee and code changes and additions. This rule is effective March 3, 1999.
EFFECTIVE DATE: March 3, 1999
AGENCY CONTACT PERSON: Julia White, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-5517
TTY (Deaf/Hard of Hearing): 207-287-1828, 1-800-423-4331


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 541, Educational Requirements for Insurance Professionals
ADOPTED RULE NUMBER: 99-95
CONCISE SUMMARY: This rule establishes standards and procedures for the approval and operation of courses and programs through which producers, consultants, and applicants for producer licenses may satisfy applicable prelicensing education and continuing education requirements.
EFFECTIVE DATE: March 5, 1999
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 294, Lifeline and Link Up Service Programs
ADOPTED RULE NUMBER: 99-96
CONCISE SUMMARY To establish criteria for Maine's Lifeline and Link Up Service Programs.
EFFECTIVE DATE: March 8, 1999
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


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