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March 25, 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: 04-061 - Land Use Regulation Commission (LURC), 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 chance 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 changes 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: 02-380 - Maine State Board of Nursing

TITLE OR SUBJECT: Ch. 8, Regulations Relating To Advanced Practice Registered Nursing
PROPOSED RULE NUMBER: 98-P51
CONCISE SUMMARY: This rule will clarify that for 3 hours of precepting an advanced practice nursing student, one contact hour of category II credit will be awarded.

TITLE OR SUBJECT: Ch. 7, Standards for Educational Programs in Nursing
PROPOSED RULE NUMBER: 98-P52
CONCISE SUMMARY: This is a proposed change to (1) delineate criteria by which the Board may grant an exception to the master's requirement for faculty, and (2) to change ratio from 1:10 to 1:8 (faculty/student).

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 M.R.S.A. Section 2153-A and 2104(1)(B)
PUBLIC HEARING: April 16, 1998 at 2:00 p.m., Board Room, The Senator Inn, Outer Western Avenue, Augusta, Maine
DEADLINE FOR COMMENTS: April 26, 1998
AGENCY CONTACT PERSON: Myra A. Broadway, R.N., Executive Director
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone Street, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: 287-1133


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 16
PROPOSED RULE NUMBER: 98-P54
CONCISE SUMMARY: The proposed rule repeals the current Chapter II and III, Section 16, Clozaril Monitoring Services. Public Law 1997, Chapter 24, Part BB takes away the state money to pay for this service. Eliminates a service that already is available by other types of Medicaid providers.
THIS RULE MAY HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173, and Public Law 1997, March 26, 1997 Chapter 24, Part BB.
PUBLIC HEARING: April 14,1998, 1:00 p.m. to 3:00 p.m., First Floor Conference Room, 35 Anthony Avenue, Augusta, ME 04333-0011.
DEADLINE FOR COMMENTS: April 24,1998
AGENCY CONTACT PERSON: Maurice Gagnon, Policy Development, Bureau of Medical Services, 35 Anthony Ave., II State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527,
TTY (207) 287-3799.


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #98-05
PROPOSED RULE NUMBER: 98-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 M.R.S.A. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., Thursday, April 9, 1998, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: April 9,1998
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building, Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health

RULE TITLE OR SUBJECT: Ch. 3, Occupational Safety and Health Standards for Construction Employment in the Public Sector
PROPOSED RULE NUMBER: 98-P56
CONCISE SUMMARY: The purpose of this Chapter is to incorporate by reference rules governing Occupational Safety and Health in construction employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1926 as most recently amended as of July 1, 1997.

RULE TITLE OR SUBJECT: Ch. 2, Occupational Safety and Health Standards for General Employment in the Public Sector and OSHA Instructions CPL 2.106 Procedures and Scheduling for Occupational Exposure to Tuberculosis for Fixed Establishments Only.
PROPOSED RULE NUMBER: 98-P57
CONCISE SUMMARY: The purpose of this Chapter is to incorporate by reference rules governing Occupational Safety and Health in general employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1910 as most recently amended as of July 1, 1997, with the exception of Section. 134 (Respiratory Protection). The Board is considering adoption of the U.S. DOL OSHA requirements for respiratory protection found in Title 29 CFR Part 1910.134 issued January 8, 1998. This standard would require compliance with the nationally recognized two in two out rule for fire fighters.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA, Section 565
PUBLIC HEARING: April 14, 1998, 9:00 a.m., Sagadahoc Room, Augusta Civic Center, Civic Center Drive, Augusta
DEADLINE FOR COMMENTS: April 28, 1998
AGENCY CONTACT PERSON: Alan C. Hinsey, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6400


ADOPTIONS

AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 31, Rules for Operation of the Potato Market Improvement Fund, Amendment 1
ADOPTED RULE NUMBER: 98-135
CONCISE SUMMARY: This amendment to the Rule is to clarify some language, and to insert a limitation of a borrower's total outstanding participation to ten percent of the program's total outstanding loans or grants and no more than fifty percent of available funds in any given calendar year. In addition, language was added to make clear that the Commissioner's approval of a project in the context of a loan application should no way be interpreted as a representation of the quality of the plans and specifications, or of the project, completed in accordance with the plans and specifications. Finally, the language was added to reflect the current practice estimating the amounts to be available in a calendar year for new loans and grants at the beginning of the year.
EFFECTIVE DATE: March 18,1998
AGENCY CONTACT PERSON: John R. Harker, Program Development Officer, Division of Market & Production Development, Department of Agriculture, 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207)287-3871


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 32, Rules for Operation of the Agricultural Marketing Loan Fund, Amendment 1
ADOPTED RULE NUMBER: 98-136
CONCISE SUMMARY: This amendment changes the definition of "private funds," which are required to be contributed by the applicant as part of the total project financing, to specifically include loan proceeds from subordinated loans or loans secured by non-project assets, as well as the value of services contributed to the project by the applicant. The amendment also adds a provision allowing initial payments on certain small loans to be deferred, provided certain criteria are met. Finally, the amendment expands the eligibility requirements for research grants through the Technology Transfer Program and Agricultural Market Research and Development Fund, to include certain research projects related to establishing new markets for products of agricultural enterprises.
EFFECTIVE DATE: March 18,1998
AGENCY CONTACT PERSON: John R. Harker, Program Development Officer, Division of Market & Production Development, Department of Agriculture, 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207)287-3871


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 45, Hospital Services and related Principles of Reimbursement
ADOPTED RULE NUMBER: 98-137
CONCISE SUMMARY: This rule clarifies the procedures for hospital reimbursement including outpatient observation services, recipient copays, and supplies allowed as covered services when provided integral to hospital procedures. This rule removes all reference to the Maine Health Care Finance Commission, whose authority was repealed by the Maine legislature in Public law 1995, Chapter 368.
EFFECTIVE DATE: April 1, 1998
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5516
TTY: 207-287-3799

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3 - Schedule of Minimum Prices (Order #98-04)
ADOPTED RULE NUMBER: 98-138
CONCISE SUMMARY: Minimum April, 1998 producer Class I set at $16.66 and a Northeast Interstate Dairy Compact over order price of $0.38. April, 1998 Class II goes to $13.62 and Class III minimums set at $13.34. A $.10 premium is included in the Class I minimums. These changes were passed on in minimum prices.
EFFECTIVE DATE: April 1, 1998
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building, Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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 70, Optician Service.
ADOPTED RULE NUMBER: 98-146
CONCISE SUMMARY: The rule clarifies: non-covered services; changes the Warrantee coverage for eyewear provided through the Vision Care Volume Purchase Program from 60 days to one year; allows for reimbursement for interpreter services; and updates references to the Preventive Health Program to the "Early Periodic Screening Diagnosis, and Treatment Program," and related minor editing changes.

CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 75, Optometry Services.
ADOPTED RULE NUMBER: 98-147
CONCISE SUMMARY: The rule clarifies: non-covered services; changes the warrantee coverage for eyewear provided through the Vision Care Volume Purchase Program from 60 days to one year; allows for reimbursement for interpreter services; and updates references to the Preventive Health Program to the "Early Periodic Screening, Diagnosis, and Treatment Program," and related minor editing changes.

CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 90, Physician Services.
ADOPTED RULE NUMBER: 98-148
CONCISE SUMMARY: The rule clarifies: changes to the warrantee coverage for eyewear provided through the Vision Care Volume Purchase Program from 60 days to one year; and updates references to the Preventive Health Program to the "Early Periodic Screening, Diagnosis, and Treatment Program," and related minor editing changes.

EFFECTIVE DATE: April 1, 1998
AGENCY CONTACT PERSON:, Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: #11 SHS, 35 Anthony Avenue, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual (MMAM): Ch. II, Section 103, Rural Health Clinic Services
ADOPTED RULE NUMBER: 98-149
CONCISE SUMMARY: The final rule revises the MMAM Chapter II, Section 103. The requirements for supervision by physicians as set forth by either the Board of Licensure in Medicine or the Maine Board of Licensure in Osteopathy are adopted in the Rural Health Clinic Service rules.
EFFECTIVE DATE March 22, 1998
AGENCY CONTACT PERSON: Maurice Gagnon, Comprehensive Health Planner
AGENCY NAME: Policy Development
ADDRESS: Bureau of Medical Services
35 Anthony Avenue
11 State House Station
Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
TTY: (207) 287-3799


AGENCY: 29-250 - Secretary of State, Bureau of Corporations, Elections and Commissions
CHAPTER NUMBER AND TITLE: Ch. 700, Rules Governing Eligibility and Procedures for Appointment and Renewal of Commissions of Notaries Public
ADOPTED RULE NUMBER: 98-150
CONCISE SUMMARY: This proposed rule eliminates the requirement that the applicant for a notary public commission complete the application in his or her own handwriting; allows for the municipal clerk or registrar of voters to sign in the capacity of a notary public for the applicant in addition to attesting to the residency of the applicant; eliminates the requirement that the applicant obtain the signature of an elected official recommending the applicant; and changes the time period from 120 days to 90 days within which the notary public can request a renewal of the commission after expiration.
EFFECTIVE DATE: April 1, 1998
AGENCY CONTACT PERSON: Timothy R. Poulin, Assistant Director, Division of Rules, Commissions and Administration
AGENCY NAME: Secretary of State, Bureau of Corporations, Elections and Commissions
ADDRESS: 101 State House Station, Augusta, ME 04333-0101
TELEPHONE: 287-3676


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 360, Cogeneration and Small Power Production
ADOPTED RULE NUMBER: 98-150
CONCISE SUMMARY: Adopt amendments to Chapter 360 of our rules, Cogeneration and Small Power Production, in accordance with recent legislation that restructures the electric industry in Maine.
EFFECTIVE DATE: March 22, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-6078


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