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Weekly Rulemaking Notices Contact Us Find It

March 19, 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: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 9, Rules Governing Driver Education
PROPOSED RULE NUMBER: 2003-P40
CONCISE SUMMARY: This amendment changes the maximum number of classroom instruction hours that may be provided daily and weekly by a driver education provider.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA 153
PUBLIC HEARING April 11, 2003, Bureau of Motor Vehicles, Hospital Street, Augusta, ME 04333
DEADLINE FOR COMMENTS: April 21, 2003
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-9092


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - 68-P EBT
PROPOSED RULE NUMBER: 2003-P42
CONCISE SUMMARY: Recipients of TANF, PaS, and RCA will have cash benefits delivered by an electronically coded debit card, unless the recipient elects to have their benefit electronically deposited directly to their personal bank account.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.,
STATUTORY AUTHORITY: 22 MRSA 3762-3790
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 18, 2003
AGENCY CONTACT PERSON Rose Masure, TANF Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5098
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - New Certification Periods, Change Reporting, Six Month Reporting, Excess Utility Costs
PROPOSED RULE NUMBER: 2003-P43
CONCISE SUMMARY: This rule establishes new certification periods for most households. Households with at least one migrant worker will be certified for no more than three months depending on how long the migrant worker intends to stay in the state. All other households will be certified for a twelve-month period. This rule also establishes a new reporting system for certain households. All households, except for those with all members aged 60 or older, with no earned income, and whose only income is SSI and/or SSDI, for those who have at least one migrant worker, and for those that are homeless, will be placed on six month reporting. They will receive a report to sign and return, with changes, if any, in the sixth month of their twelve-month certification period. Households that are
categorically eligible for the program do not need to report anything else between the six-month report and their review. Households that are not categorically eligible need to report if their gross monthly income exceeds 130% of the poverty level for their household size. This rule also clarifies that residents of public housing who incur only excess utility bills are allowed the full standard deduction.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING): None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 18, 2003
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp 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) 287-5093
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - 134P EBT
PROPOSED RULE NUMBER: 2003-P44
CONCISE SUMMARY: Recipients of Food Stamps will have benefits delivered by an electronically coded debit card. The pilot program will be in effect on April 1, 2003 and will be in Cumberland and York Counties. The system will be statewide on June 1, 2003.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people. DEADLINE FOR COMMENTS: April 18, 2003
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp 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) 287-5093
TTY: (207) 287-6948


AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 14, Rules Relating to Severance Pay
PROPOSED RULE NUMBER: 2003-P45
CONCISE SUMMARY: Provides procedures for determining the date of termination or relocation, employee eligibility and payments under the Severance Pay Law.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA 625-B
PUBLIC HEARING: April 10, 2003, 9:00 a.m., Bureau of Labor Standards, Hallowell Annex, Room 106, First Floor, Hallowell, ME 04347
DEADLINE FOR COMMENTS: April 23, 2003
AGENCY CONTACT PERSON: Michael V. Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6400


AGENCY: 16-222 - Bureau of Maine State Police
RULE TITLE OR SUBJECT: Ch. 4, Motor Carrier Safety Rules
PROPOSED RULE NUMBER: 2003-P46
CONCISE SUMMARY: These rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the safe operation of motor carriers as found in 49 Code of Federal Regulations Parts 40, 382, 390, 391, 392, 393, 395 and 396.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 29-A MRSA 555.
PUBLIC HEARING: Non scheduled; one may be requested.
DEADLINE FOR COMMENTS: April 18, 2003
AGENCY CONTACT PERSON: John Fraser
AGENCY NAME; Bureau of State Police
ADDRESS: 20 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8939


AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE AND NUMBER: Ch. 243, Uniform Reporting System For Health Care Claims Data Sets
PROPOSED RULE NUMBER: 2003-P47
CONCISE SUMMARY: This chapter contains the provisions for filing health care claims data sets from all third-party payers, third-party administrators, and carriers that provide only administrative services for a plan sponsor. It is being amended to clarify the submission requirements, the timeline and periods for filing the data and the claims
policies to be excluded.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 8704, sub- 4 and 8706, sub- 2
PUBLIC HEARING: April 10, 2003, 9:00 a.m., Board Room, Senator Inn, 284 Western Avenue, Augusta, Maine
DEADLINE FOR COMMENTS: April 21, 2003
AGENCY CONTACT PERSON:
NAME: Alan M. Prysunka, Executive Director
ADDRESS: Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, Maine 04333-0102
TELEPHONE: (207) 287-6722


ADOPTIONS

AGENCY: 02-322 - State Board of Registration for Professional Engineers
CHAPTER NUMBER AND TITLE: Ch. 2, Registration of Professional Engineers
ADOPTED RULE NUMBER: 2003-66
CONCISE SUMMARY: This proposed rule change allows electronically generated symbols for individual professional engineer seals and signatures and allows sealed and signed engineering documents to be transmitted electronically. There are also some housekeeping changes.
EFFECTIVE DATE: March 12, 2003
AGENCY CONTACT PERSON: Herbert R. Doten
AGENCY NAME: State Board of Registration for Professional Engineers
ADDRESS: 92 State House Station, Augusta, ME 04330-0092
TELEPHONE: (207) 287-3236


AGENCY: 16-219 - Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Ch. 20, Code for Safety to Life from Fire in Buildings And Structures
ADOPTED RULE NUMBER: 2003-67
CONCISE SUMMARY: This rule incorporates by reference the National Fire Protection Association Standards associated with life safety. The following standards are proposed for update to the latest available editions.
NFPA # 101, Life Safety Code, 2003 edition
NFPA # 80, Standard for Fire Doors and Windows
Additional State of Maine requirements are being added to this chapter for assembly occupancies and the use of Pyrotechnics.
EFFECTIVE DATE: March 16, 2003
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963


AGENCY:
05-071 - Department of Education, and
94-376 - Maine Municipal Bond Bank
CHAPTER NUMBER AND TITLE: Ch. 64, Maine School Facilities Program and School Revolving Renovation Fund.
ADOPTED RULE NUMBER: 2003-68 and 2003-69
CONCISE SUMMARY: These rules govern the application and approval for projects to be considered through the School Revolving Renovation Fund; Facility Maintenance and Capital Improvement Programs; Maine School Facilities Program and lease and lease/purchase of temporary interim space and small non-administrative space.
EFFECTIVE DATE: March 18, 2003
AGENCY CONTACT PERSON: Judith Malcolm, Education Policy Director/Team Leader, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6845


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