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March 15, 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. 331, Public Assistance Manual (TANF), Updating the Federal Poverty Level Income Guidelines
PROPOSED RULE NUMBER: 2000-P47
CONCISE SUMMARY: The policy updates the Federal Poverty Level income guidelines contained in the TANF policy manual.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 15, 2000
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 2, Section 4, Reimbursement from the Rehabilitation Fund Pursuant to 39-A M.R.S.A. 213(3) and (4)
PROPOSED RULE NUMBER: 2000-P48
CONCISE SUMMARY: This rule establishes procedures for seeking reimbursement from the Employment Rehabilitation Fund pursuant to 39-A M.R.S.A. 213(3) and (4).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2) and 213
PUBLIC HEARING: Thursday, April 6, 2000, 1:00 p.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Tuesday, April 18, 2000, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta ME 04333-0027
TELEPHONE: 207-287-7094


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
RULE TITLE OR SUBJECT: Ch. (New), Sunken Log Salvage Rules
PROPOSED RULE NUMBER: 2000-P49
CONCISE SUMMARY: These rules govern the salvage of sunken logs from publicly owned submerged lands. Title 12 MRSA 1867 affirms the ownership of such logs by the State of Maine, and authorizes the Bureau of Parks and Lands to establish a program allowing salvage of these logs by the adoption of rules. The rules are aimed at ensuring that the removal of sunken logs from submerged lands does not unreasonably interfere with public trust rights and is accomplished in a publicly responsible and environmentally sound manner. The rules are also intended to ensure that the issuance of authorizations allowing this activity is orderly and fair, and that the administration of the program occurs in accordance with prudent business practices, including provision for adequate compensation to the state for private use of this resource.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITEES.
STATUTORY AUTHORITY: 12 MRSA 1867
PUBLIC HEARING: April 5, 2000, 7 p.m. at Pine Tree Arboretum, 153 Hospital Street, Augusta, Maine.
DEADLINE FOR COMMENTS: April 17, 2000
AGENCY CONTACT PERSON: Will Johnston
AGENCY NAME: Bureau of Parks and Lands
ADDRESS: 22 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4919
E-mail: william.johnston@maine.gov


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
RULE TITLE OR SUBJECT: Ch. 53, Submerged Land Rules Revisions
PROPOSED RULE NUMBER: 2000-P50
CONCISE SUMMARY: These rule revisions are proposed to the Bureau's existing rules governing the use and conveyance of submerged lands owned by the State of Maine. These rules were last revised in 1991. The revised rules contain new guidelines on the siting of underwater cables and a number of other "housekeeping changes" aimed at clarifying several provisions and incorporating changes in the statute (Title 12 MRSA 1801 and 1862) made since 1991.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 1801 and 1862
PUBLIC HEARING: April 5, 2000. 7 p.m. at Pine Tree Arboretum, 153 Hospital Street in Augusta, Maine
DEADLINE FOR COMMENTS: April 17, 2000
AGENCY CONTACT PERSON: Will Johnston
AGENCY NAME: Bureau of Parks and Lands
ADDRESS: 22 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4919
E-mail: william.johnston@maine.gov


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1 - 1.01, Open Water Fishing Regulations
ADOPTED RULE NUMBER: 2000-86
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to the 2000 and 2001 open water fishing seasons. This body of rules is printed in its entirety in the 2000-2001 Open Water Fishing Regulations Booklet available from the Department as well as license agents.
EFFECTIVE DATE: March 6, 2000
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041


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 45, Hospital Services
ADOPTED RULE NUMBER: 2000-87
CONCISE SUMMARY: These rule changes define a critical access hospital (CAH) and allow for cost based reimbursement for all licensed CAHs, remove all references to crossover claims to comply with legislative mandates and clarify the disproportionate share hospital payment process and laboratory outpatient services reimbursement. EFFECTIVE DATE: March 6, 2000
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: Policy and Programs
ADDRESS: 11 State House Station, 35 Anthony Ave. Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5515
TTY (207) 287-1828 or 1(800)423-4331


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Updating the Federal Poverty Income Guidelines
ADOPTED RULE NUMBER: 2000-88
CONCISE SUMMARY: The policy updates the federal poverty level income guidelines contained in the TANF policy manual.
EFFECTIVE DATE: March 7, 2000 (EMERGENCY)
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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - 2000 Federal Poverty Levels
ADOPTED RULE NUMBER: 2000-89
CONCISE SUMMARY: This rule puts into effect the 2000 Federal Poverty Level (FPL). The FPL's are updated each year by the U.S. Department of Health and Human Services. The FPL serves as the income limit in Medicaid for children, elderly and disabled individuals and pregnant women.
EFFECTIVE DATE: March 7, 2000 (EMERGENCY)
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)


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