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March 18, 1998
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: 02-383 - Department of Professional & Financial Regulation, Board of Osteopathic Licensure
RULE TITLE OR SUBJECT: Ch. 14, Continuing Medical Education
PROPOSED RULE NUMBER: 98-P46
CONCISE SUMMARY: Title 32 M.R.S.A. 2581 requires that every two years the osteopathic physician obtain 100 hours of continuing medical education, at least 40% of which must be osteopathic medical education. This chapter defines what continuing medical education will satisfy this statutory requirement and sets forth other provisions related to compliance with Section 2581.
STATUTORY AUTHORITY: 32 M.R.S.A. 2562
PUBLIC HEARING: April 9, 1998 - 9:00 a.m. - 11:00 a.m., Board of Osteopathic Licensure, Two Bangor Street, Lower Level Conference Room, Augusta, ME 04333
DEADLINE FOR COMMENTS: April 20, 1998
AGENCY CONTACT PERSON: Susan E. Strout, Executive Secretary, 142 State House Station, Two Bangor Street, Augusta, ME 04333-0142
TELEPHONE OR FAX: 207/287-2480

AGENCY: 07-105 - Executive Department, State Planning Office
RULE TITLE OR SUBJECT: Ch. 330, Rule Governing the Recycling Capital Investment Grant Procedures
PROPOSED RULE NUMBER: 98-P47
CONCISE SUMMARY: This chapter outlines the procedures and criteria by which the State Planning Office will disburse its financial assistance for capital investment, in municipal and regional recycling and composting programs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA section 2133, subsection 3 ( as amended)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: April 21, 1998
AGENCY CONTACT PERSON: George MacDonald
AGENCY NAME: Executive Department - State Planning Office
ADDRESS: 38 State House Station, Augusta ME 04333-0038
TELEPHONE: 207-287-5759


AGENCY: 04-061 - Land Use Regulation Commission, Department of Conservation
RULE TITLE OR SUBJECT: Ch. 10, Section 10.11, Nonconformance
PROPOSED RULE NUMBER: 98-P48
CONCISE SUMMARY: These proposed amendments are an attempt to bring the Commission's standards on nonconforming situations into alignment with nonconformance standards recommended by a work group established by the legislature and with the Shoreland Zoning Guidelines that apply to the organized areas of the state. The most significant change is the replacement of the fixed percentage limit for expansions of nonconforming structures with a graduated approach that sets maximum floor area thresholds that vary according to the distance of the expansion from the water and whether a vegetated buffer exists or will be established. These chances provide greater equity for owners of different sized nonconforming structures, allow for much easier tracking of expansions over time, and offer significant incentives for moving back, retaining or creating a shoreland buffer, and implementing other measures that will better protect water quality.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 685-A, Subsection 8
INFORMATION SESSIONS & PUBLIC HEARING:
Wednesday, April 8, 1998, Rangeley, Rangeley Inn and Motor Lodge, Main Street
Thursday, April 9, 1998, Augusta, Sally's Steakhouse (Comfort Inn), 281 Civic Center Drive
Tuesday, April 14, 1998, Caribou, Caribou Inn and Convention Center, Corner of R1 and R164
Wednesday, April 15, 1998, Millinocket, Baxter State Park Headquarters, 64 Balsam Drive
Thursday, April 16, 1998, Princeton, Princeton Rod and Gun Club, Greenland Point Road
Informational sessions begin at 6:00 p.m. with staff presentation and opportunity for questions and answers about proposed rule change. Public hearing convenes at 7:00 p.m.
DEADLINE FOR COMMENTS: Friday, May 1, 1998
AGENCY CONTACT PERSON: William Johnston or Fred Todd
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, 22 State House Station, Augusta, Maine 04333
TELEPHONE: 207-287-2631


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands (ATV Program)
RULE TITLE OR SUBJECT: Ch. 16, ATV Trail Grant Funding
PROPOSED RULE NUMBER: 98-P49
CONCISE SUMMARY: This proposed rule establishes a process that qualified ATV Clubs use to obtain a grant from the Bureau of Parks and Lands to help defray the costs of constructing and maintaining ATV trails used by the public.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 7854(4)(B)
PUBLIC HEARING: None Scheduled; one may be requested.
DEADLINE FOR COMMENTS: April 21, 1998
AGENCY CONTACT PERSON: Brian Bronson, Statehouse Station #22, Augusta, ME 04333
PHONE: 207-287-4958

AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 1, Orders, Federal Order Plants in Maine
PROPOSED RULE NUMBER: 98-P50
CONCISE SUMMARY: The Maine Milk Commission will be conducting a hearing to amend Chapter 1 Orders and a new rule regarding Federal Order Plants in Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. 2953 AND 2954
PUBLIC HEARING: 9:00 a.m., Thursday April 9,1998, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta ME 04333
DEADLINE FOR COMMENTS: April 21, 1998
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Bldg Station #28, Augusta ME 04333-0028
TELEPHONE: 287-3741


ADOPTIONS

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: 98-123
CONCISE SUMMARY: This rule allows Medicaid eligible children to continue, as stipulated in the Emergency Rule, to access needed medically necessary mental health services through Home Health Agencies. In addition, access has been expanded to other providers approved by the Department of Mental Health, Mental Retardation, and Substance Abuse Services. Day Treatment Services have not been deleted as proposed and remains a covered service under Section 65. Psychological Services under subsection 65.06 have been further defined and subsection 65.08-4, Medical Records, permits QA documentation to be kept in a separate and distinct file parallel to the clinical record. Chapter III reflects related fee and code changes.
EFFECTIVE DATE: March 15, 1998
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: 207-287-3799


AGENCY: 99-346, Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 28, Temporary Housing Assistance Program Rule
ADOPTED RULE NUMBER: 98-125
CONCISE SUMMARY: The Temporary Housing Assistance Program provides emergency financial assistance to persons who are homeless and persons who are in danger of becoming homeless. This Rule establishes the eligibility criteria for administration of the Program, the funding formula for allocating resources to community action program agencies administering the Program and the priorities for providing assistance under the Program.
EFFECTIVE DATE: March 11, 1998
AGENCY CONTACT PERSON: Jodie S. Sullivan, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE:
(207) 626-4600
(800) 452-4668 (voice)
(800) 452-4603 (TDD)


AGENCY: 05-071, Department of Education/State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 115 Parts I and II, Certification of Educational Personnel; Standards & Procedures and Endorsements & Certificates
ADOPTED RULE NUMBER: 98-130
CONCISE SUMMARY: In Chapter 115, Part I, Sections 10.1 and 10.8 have been amended and added, respectively. In Chapter 115, Part II, an amendment has been adopted to the speech and language clinician certificate.
EFFECTIVE DATE: March 15, 1998
AGENCY CONTACT PERSON: Nancy T. lbarguen
AGENCY NAME: Department of Education, Certification Subteam
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 (TANF), Updating the Federal Poverty Level Income Guidelines
ADOPTED RULE NUMBER: 98-131
CONCISE SUMMARY: The policy updates the federal poverty level income guidelines contained in the TANF policy manual.
EFFECTIVE DATE: March 10, 1998
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


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual, 1998 Federal Poverty Levels
ADOPTED RULE NUMBER: 98-131
CONCISE SUMMARY: This rule puts into effect the 1998 Federal Poverty Level (FPL). The FPL 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. The 1998 FPL will mean an average increase of 1.9% in Medicaid income limits for these affected groups.
EFFECTIVE DATE: March 10, 1998
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


AGENCY: 01-001 - Maine Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 61, Maine Milk Pool, Cost of Administration
ADOPTED RULE NUMBER: 98-133
CONCISE SUMMARY: These amendments to the Maine Milk Pool Cost of Administration Rule, Ch. 61, were proposed to reflect the estimated administrative costs of operating the Pool for calendar year 1998.
EFFECTIVE DATE: March 16,1998
AGENCY CONTACT PERSON:
NAME: Cynthia Conner, Pool Administrator, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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