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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/624-7650
FAX 207/287-6545

March 21, 2001
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: 99-346 - Maine State Housing Authority
RULE TITLE OR SUJECT: Ch. 16, Allocation of State Ceiling for Low-Income Housing Tax Credit Rule
PROPOSED RULE NUMBER: 2001-P85
CONCISE SUMMARY The Allocation of State Ceiling for Low-Income Housing Tax Credit Rule is being amended to comply with recent changes to Section 42 of the Internal Revenue Code, which became effective January 1, 2001, as follows: (i) to modify the formula for calculating the state housing credit ceiling under Section 42 of the Code; (ii) to add a Comprehensive market study of the housing needs of low-income persons in the area to be served by a tax credit project to the threshold application requirements; (iii) to establish projects that provide for tenant ownership upon the expiration of the extended use period as a new selection criteria; (iv) to give preference to tax credit projects that contribute to a community revitalization plan and are located in a qualified census tract over such projects that are not located in a qualified census tract; and (v) to make updates, clarifications and grammatical changes.
TIUS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 474](1) and 4741(14), Section 42 of the Internal Revenue Code of 1986, as amended
PUBLIC HEARING - CHANGE OF LOCATION: March 27, 2001, 9:30 a.m., City Council Chambers, Lewiston City Hall, 37 Pine Street, Lewiston, Maine 04240. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: April 6, 2001, 5:00 p.m.
AGENCY CONTACT PERSON: Jodie Stevens, Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #05-01
PROPOSED RULE NUMBER: 2001-P89
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 9:00 a.m., Thursday, April 12, 2001, Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: April 12, 2001
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building- Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2001-P90
CONCISE SUMMARY: This notice proposes to amend Chapter 10 to include the licensing and various fees assessed by the Board of Respiratory Care Practitioners. Further, the amendment proposes to set the fee level for the new Associate Permit category, and to decrease the original and renewal fee for respiratory care therapists, technicians, and temporary licenses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 10 MRSA 8003(2-A),(D),(E) and 32 MRSA 9705-A(2) and 9710(l)
PUBLIC HEARING: Wednesday, April 11, 2001 at 9:15 a.m., Maine Department of Professional and Financial Regulation, 122 Northern Ave - Gardiner Annex, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: April23,2001
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: 624-8600


AGENCY: 02-343 - Department of Professional and Financial Regulation, Board of Respiratory Care Practitioners
RULE TITLE OR SUBJECT:
Repeal the following chapters:
Ch. 1, Definitions
Ch. 2, Licensure
Ch. 3, Standards of Practice
Ch. 4, Continuing Respiratory Care Education Requirements for Renewal of Licensure
Ch. 5, Enforcement and Disciplinary Procedures
Replace the above with new chapters as follows:
Ch. 1, Definitions
Ch. 2, General Provisions
Ch. 3, License Requirements for Respiratory Care Practitioners
Ch. 4, Continuing Education Requirements for Respiratory Care License Renewal
Ch. 5, Enforcement and Disciplinary Procedures
Ch. 6, Code of Ethics
Ch. 7, Standards of Professional Conduct
PROPOSED RULE NUMBER: 2001-P91
CONCISE SUMMARY: These proposed rules will: 1] identify and clarify certain terms used by this profession; 2] specify the manner in which meetings, rulings, hearings and records of the board will occur; 3] specify and clarify the qualifications and method for filing applications for registrations, permits and licensing for respiratory care practitioners; 4] update and clarify procedures for filing and handling complaints, including clarification of the terms used for specific grounds for discipline; and 5] establish standards for the practice of respiratory care and grounds of unprofessional conduct for persons licensed and practicing in Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 MRSA, c. 97, 9704(2), 9707-A, and 9710(L)
PUBLIC HEARING: Wednesday, April.11, 2001 at 9:15 a.m., Department of Professional and Financial Regulation, 122 Northern Ave - Gardiner Annex, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: April 23, 2001
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: 624-8600


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4.03, Antlerless Deer Hunting Restrictions
PROPOSED RULE NUMBER: 2001-P92
CONCISE SUMMARY: In accordance with Title 12, MRSA, Section 7457, subsection 1(H), the Commissioner of Inland Fisheries and Wildlife proposes to adopt Antlerless Deer Hunting Restrictions for the 2001 regular and special muzzleloading deer hunting seasons. This proposal will establish specific permit allocations for the 30 Wildlife Management Districts (WMD) as follows:

WMD 1- 150 permits
WMD 2 - 50 permits
WMD 3 - 25 permits
WMD 4 - 300 permits
WMD 5 - 400 permits
WMD 6 - 200 permits
WMD 7 - 1,350 permits
WMD 8 - 1,350 permits
WMD 9 - 450 permits
WMD 10 - 500 permits
WMD 11 - 650 permits
WMD 12 - 1,650 permits
WMD 13 - 2,400 permits
WMD 14 - 800 permits
WMD 15 - 4,900 permits
WMD 16 - 9,900 permits
WMD 17 - 17,050 permits
WMD 18 - 1,400 permits
WMD 19 - 0 permits
WMD 20 - 3,800 permits
WMD 21 - 6,000 permits
WMD 22 - 7,200 permits
WMD 23 - 17,800 permits
WMD 24 - 3,200 permits
WMD 25 - 4,800 permits
WMD 26 - 5,250 permits
WMD 27 - 400 permits
WMD 28 - 0 permits
WMD 29 - 25 permits
WMD 30 - 1,200 permits
TOTAL 93,200
STATUTORY AUTHORITY: 12 MRSA 7035, 7457
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: April 20, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201

AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4.03, Deer Hunting Seasons
PROPOSED RULE NUMBER: 2001-P93
CONCISE SUMMARY: In accordance with Title 12, MRSA, 7457, subsection 1(I), the Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule establishing a special deer season in each Wildlife Management District (WMD) where the number of any-deer permits allocated are not all issued during the annual any-deer drawing. The season will run concurrently with any other open deer season. Applicants who receive an any-deer permit in a WMD that has surplus any-deer permits will receive, in the random order of the draw and until they run out, a permit to take a bonus antlerless deer in that same WMD. The number of bonus antlerless-only deer permits will be based on the number of unissued any-deer permits that occur when an insufficient number of applicants apply for a particular WMD. The bonus permit will authorize the permittee to take an antlerless deer within that WMD in any open season, in addition to any other applicable bag limits.
STATUTORY AUTHORITY: 12 MRSA 7035, 7457
PUBLIC HEARING: April 9, 2001 @ 6:30 p.m. - Augusta Armory, 179 Western Avenue, Room 212, Augusta, ME
DEADLINE FOR COMMENTS: April 20, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water Fishing Regulations
PROPOSED RULE NUMBER: 2001-P94
CONCISE SUMMARY: In accordance with 12 MRSA 7552, sub- 5-A, paragraph D, the Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule for the 2001 fishing season opening an additional 292 waters to fishing under the Special Regulation Code S-23: Extended Season - Remains open to fishing through October. From Oct. 1 - Oct. 31: artificial lures only; all fish caught must be released alive at once; AND an additional 85 waters under the Special Regulation Code S-24: Extended Season - Remains open to fishing through November, From Oct 1 - Nov. 30: All trout, salmon, togue and bass must be released alive at once.
STATUTORY AUTHORITY: 12 MRSA 7035, 7552
PUBLIC HEARING: April 10, 2001, Nokomis High School, 266 Williams Rd., Newport, Maine @ 6:30 p.m.
DEADLINE FOR COMMENTS: April 20, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station ' Augusta, ME 04333-0041
TELEPHONE: 287-5201
E-MAIL: andrea.erskine@maine.gov


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 323, Maine General Assistance Manual
PROPOSED RULE NUMBER: 2001-P95
CONCISE SUMMARY: This rule changes and clarifies the section of policy dealing with the SSI Interim Assistance Reimbursement program. The changes are necessary because of a change in the contract between the Social Security Administration and DHS.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 4318
PUBILC HEARLNG: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 26, 2001
AGENCY CONTACT PERSON: Cynthia Boyd, General Assistance Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-3654
TTY. (207) 287-6948 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 100, Psychological Services.
ADOPTED RULE NUMBER: 2001-80
CONCISE SUMMARY: Revisions to this rule included increased rates as mandated by the Legislature, and inclusion of chronic pain management as a covered service.
EFFECTIVE DATE: March 12, 2001
AGENCY CONTACT PERSON: Robert Gross, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5528
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #04-01
ADOPTED RULE NUMBER: 2001-P81
CONCISE SUMMARY: Minimum April, 2001 producer Class I price is $16.94 plus $.15 Producer Cost of Production for a total of $17.09. Class III minimums set at $10.27. These changes were passed on in minimum prices.
EFFECTIVE DATE: April 1, 2001
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building-Station 28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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