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March 22, 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 Medical Services, Division of Medicaid Policy and Programs
RULE TITLE OR SUBJECT: Ch. 150, Section 20, Severely Affected Hospital Funds, Hospital Finance Rules.
PROPOSED RULE NUMBER: 2000-P32
CONCISE SUMMARY: This is a new rule that describes the criteria for determining eligibility for and distribution of funds available to assist hospitals severely affected by Medicaid payment reductions established in P.L. 1999, c. 401, Part A, Section A-1.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: None scheduled. Should five or more individuals request a hearing in writing, then one will be scheduled. This rule was previously noticed as proposed rule number 2000-P32, on February 9, 2000. There have been no changes to the originally proposed rule and the comment deadline has been extended to April 24, 2000.
DEADLINE FOR COMMENTS: April 24, 2000
AGENCY CONTACT PERSON: Gregory Nadeau, Comprehensive Health Planner
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333-0011
TELEPHONE: 624-5521 or 1-(800) 321-5557, option 1
TTY (207) 287-1828/ 1-(800) 423-4331,


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 612, Maine Dental Education Loan Repayment Program
PROPOSED RULE NUMBER: 2000-P51
CONCISE SUMMARY: This rule establishes the criteria to be met by dentists to enter into an agreement with the Finance Authority of Maine for the repayment of their dental education loans.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 961, P.L. 1999, Ch. 496, 20-A MRSA Chapter 426
PUBLIC HEARING: 11:00 a.m., April 13, 2000, Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before April 13, 2000, but will be accepted on or before April 24, 2000. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
PHONE: (207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedures Manual, Sub-section 9.15, Drug and Alcohol Testing of Adult Clients
PROPOSED RULE NUMBER: 2000-P52
CONCISE SUMMARY: This Policy & Procedure governs the specific practices and conditions when adult offenders of the Maine Department of Corrections may be required to be tested for drug and/or alcohol use, including purpose, collections of specimens, testing procedures, required documentation, and action to be taken with the result of a positive test.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA, Section 1402
PUBLIC HEARING: April 13, 2000, 9 a.m., DOC Conference Room, Tyson Building, AMHI Augusta, ME 04333
DEADLINE FOR COMMENTS: April 24, 2000
AGENCY CONTACT PERSON: Ellis King, State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 26-550 - Department of the Attorney General, Victims' Compensation Board
RULE TITLE OR SUBJECT: Rules for the Victims' Compensation Board: Application and Decision Making Process and Limits on Compensation.
PROPOSED RULE NUMBER: 2000-P53
CONCISE SUMMARY: The amendments: increase the maximum funeral award, conform the rules to statutory changes and provide for punishment for false statements on Board forms.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 5 MRSA 3360-A(7)
PUBLIC HEARING: Date: April 13, 2000. Time: 3:30 p.m. Location: Key Bank Building, Ninth Floor, 286 Water Street, Augusta, Maine.
DEADLINE FOR COMMENTS: April 24,2000
AGENCY CONTACT PERSON: Deborah Shaw Rice
AGENCY NAME: Victims' Compensation Program
ADDRESS: 6 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 626-8800


AGENCY:
94-348 - Maine Human Rights Commission
05-071 - Department of Educational and Cultural Services

RULE TITLE OR SUBJECT: Amendment to Ch. 4 (Joint Rule): Equal Educational Opportunity
PROPOSED RULE NUMBER: 2000-P54
CONCISE SUMMARY: This proposed amendment would eliminate the affirmative action plan requirement from the provision allowing single sex teams contained in 4.11(C)(4) and revise the language in 4.03(B).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 4566(7) and 5 MRSA 4603
PUBLIC HEARING: April 10, 2000, 2:30 p.m., Augusta Civic Center, Piscataquis/Sagadahoc Room, Civic Center Dr., Augusta
DEADLINE FORCOMMENTS: April 20, 2000
AGENCY CONTACT PERSON: John E. Carnes, Esq.
AGENCY NAME: Maine Human Rights Commission
ADDRESS: 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: 207-624-6051


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #05-00
PROPOSED RULE NUMBER: 2000-P55
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 13, 2000, Department of Agriculture, Food & Rural Resources, Room 319 Deering Building, Augusta, Maine 04333
DEADLINE FOR COMMENTS: April 13, 2000
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 29-255 - Maine State Archives
RULE TITLE OR SUBJECT: Ch. 10, Rules for Disposition of Local Government Records
PROPOSED RULE NUMBER: 2000-P56
CONCISE SUMMARY: This rule will require permanent retention of all local government records created prior to January 1, 1900. Also, it will clarify retention requirements for drafts and notes; allow earlier destruction of personnel records of deceased employees; allow retention of approved minutes of meetings in lieu of recordings or verbatim transcripts; set retention requirements for records of employee drug tests, for municipal petitions, and for Student Assistance Team records; require permanent retention of policy records and historical records of school departments; and provide a clearer definition of Tax Exemption Records and Taxpayer Lists.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:5 MRSA Chapter 6, 95-B
PUBLIC HEARING: April 12, 2000 at 10 a.m., Maine State Archives Conference Room, Cultural Building, Augusta, Maine
DEADLINE FOR COMMENTS: April 22, 2000
AGENCY CONTACT PERSON: Nina M. Osier
ADDRESS: 84 State House Station, Augusta, ME 04333-0084
PHONE NUMBER: 207-287-5799
FAX 207-287-5739


ADOPTIONS

AGENCY: 02-396 - Department of Professional & Financial Regulation, Office of Licensing & Registration, Board of Licensure of Podiatric Medicine
CHAPTER NUMBER AND TITLE:
Ch. 2, Fees
Ch. 3, Continuing Education for Podiatrists
ADOPTED RULE NUMBER: 2000-90 and 2000-91
CONCISE SUMMARY: Recently-enacted 1999 Public Law Ch. 257, "An Act to Ensure Adequate Funding of Certain Public Safety Programs of Occupational or Professional Licensing Boards" raised the statutory cap on the initial licensing fees for persons seeking to become licensed as Podiatrists from $200 to $600. It also revised the cap on renewal fees for Podiatrists from $200 to $600. This proposed rule change would increase fees to $300. In addition, it would revise the Continuing Education requirement to permit credits to be earned by electronic means under certain circumstances, and would increase the number of sponsoring organizations authorized to award credits.
EFFECTIVE DATE: March 15, 2000
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Administrator
ADDRESS: Board of Licensure of Podiatric Medicine, Office of Licensing & Registration, SHS #35, Augusta, ME 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 81, Residential Utility Service Standards for Credit and Collection Programs
ADOPTED RULE NUMBER: 2000-92
CONCISE SUMMARY: This Chapter establishes the minimum standards of fairness in credit and collection programs for residential utility service. This amendment prohibits certain telecommunication carriers from disconnecting eligible Lifeline customers' local telephone service for non-payment of intrastate and interstate toll charges.
EFFECTIVE DATE: March 15, 2000
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 37.03, Sea Cucumber Endorsement and Reporting Regulations
ADOPTED RULE NUMBER: 2000-93
CONCISE SUMMARY: The Department of Marine Resources has adopted this amendment on the harvest of sea cucumbers. Department findings indicate that there is a need to limit sea cucumber harvesting to prevent over fishing of the resource. The regulations require that all harvesters meet eligibility requirements of holding a current commercial fishing license and be able to document that no less than 250,000 pounds of sea cucumbers were landed and sold in the State of Maine between October 1, 1998 and September 30, 1999 by the individual harvester. Eligible harvesters with an endorsement would be required to provide landing and fishing activity data to the Department on a weekly basis.

CHAPTER NUMBER AND TITLE: Ch. 32.11, Elver Fishing in Camden Harbor
ADOPTED RULE NUMBER: 2000-94
CONCISE SUMMARY: The adopted regulation makes elver fishing illegal upstream of a line drawn from the northern end of the granite pier of the Camden Town Landing across the Megunticook River to the south end of the granite wall on the north side of the Megunticook River. The rule is designed to protect the elver resource in Camden Harbor. This action has been taken based on the concentration of elver harvesters in that area and the unique configuration of the Megunticook River flowing into Camden Harbor.

CHAPTER NUMBER AND TITLE: Ch. 11, Scallop regulations:
Ch. 11.02, 11.04, 11.05, 11.10(C)(1) - Repeal
Ch. 11. 10(A) and 11. 10(D) - partial repeals, and
Ch. 11. 10(C)(2) - renumbered.
ADOPTED RULE NUMBER: 2000-95
CONCISE SUMMARY: All regulations under Chapter 11, Scallops, that pertained to the taking of scallops in the month of November have been repealed. This action provides consistency with the changes to 12 MRSA 6726, which established a scallop season opening date of December 1, coastwide. Minor technical changes have also been made.

EFFECTIVE DATE: March 18, 2000
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #04-00
ADOPTED RULE NUMBER: 2000-96
CONCISE SUMMARY: Minimum April, 2000 producer Class I and Northeast Dairy Compact Over Order Price set at $16.94. Class III minimums set at $9.54. These changes were passed on in minimum prices.
EFFECTIVE DATE: April 1, 2000
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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