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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 28, 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: 12-170 - Department of Labor, Bureau of Labor Standards

RULE TITLE OR SUBJECT: Ch. (New), Rules Governing the Establishment and Use of Fair Minimum Wage Rates on State Construction Projects
PROPOSED RULE NUMBER: 2001-P96
CONCISE SUMMARY: The purpose of this Chapter is to establish definitions and procedures to ensure the consistent and fair administration of the Minimum Wage Rates on State Construction Projects Law as presented in Title 26 MRSA 1304 - 1315.
STATUTORY AUTHORITY: 26 MRSA 1304 - 1315.
PUBLIC HEARING: April 20, 2001, 9:00 a.m., Room 106 1st Floor, Bureau of Labor Standards, Hallowell Office Annex, Central Building, Hallowell, ME 04347
DEADLINE FOR COMMENTS: April 30, 2001

RULE TITLE OR SUBJECT: Ch. 9, Rules Governing Employment Leave for Victims of Violence
PROPOSED RULE NUMBER: 2001-P97
CONCISE SUMMARY: Provides definitions and procedural guidance regarding required employment leave for victims of violence, assault, domestic violence, sexual assault, or stalking.
STATUTORY AUTHORITY: 26 MRSA 850
PUBLIC HEARING): None Scheduled; one may be requested.
DEADLINE FOR COMMENTS: April 27, 2001

RULE TITLE OR SUBJECT: Ch. (New), Rules Governing Provisions of Hazardous Occupations for Minors Under the Age of Eighteen in Non-Agricultural Employment
PROPOSED RULE NUMBER: 2001-P98
CONCISE SUMMARY: The purpose of this Chapter is to prevent the exploitation of minors through hazardous working conditions in non-agricultural employment. These rules augment Sections 771 and 772 of 26 MRSA which set minimum ages for employment in specific industries.
STATUTORY AUTHORITY: 26 MRSA 772
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: April 27, 2001

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
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: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 231, State of Maine Rules Relating to Drinking Water
PROPOSED RULE NUMBER: 2001-P99
CONCISE SUMMARY: The changes to the State of Maine Rules Relating to Drinking Water involve updating the specific rule sections to coincide with the changes mandated by the Federal Safe Drinking Water Act and the changes made to Maine Statute.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Chapter 601, Subchapter 1, 2605
PUBLIC HEARING: April 19, 2001, from 1:00 p.m.- 3:00 p.m., at 219 Capitol Street, Augusta, Maine.
DEADLINE FOR COMMENTS: April 30, 2001
AGENCY CONTACT PERSON: Ebrahim Habib
AGENCY NAME: Drinking Water Program
ADDRESS: 10 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-6471
TYY: 207-287-2070


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 200, Maine Food Code (a joint chapter with 01-001 Ch. 331)
ADOPTED RULE NUMBER: 2001-76
CONCISE SUMMARY: This rule is being proposed to update and consolidate existing rules. This rule improves food safety based on today's science and brings Maine's food rules into alignment with nationally accepted guidelines. Adoption will allow the Department of Agriculture, Food and Rural Resources and the Department of Human Services to enforce the "Maine Food Code" uniformly throughout the retail food service industry.
EFFECTIVE DATE / IMPLEMENTATION DATE: May 6, 2001
AGENCY CONTACT PERSON: Clough Toppan
AGENCY NAME: Division of Health Engineering
ADDRESS: 10 State House Station, Augusta ME 04330
TELEPHONE: 287-5686


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 3, Foreign Fish Processing Within Maine's Territorial Sea - Repeal of Sections 3.10 - 3.40
ADOPTED RULE NUMBER: 2001-82
CONCISE SUMMARY: Chapter 3, sections 3.10 - 3.40, regarding the Certification, Recertification and Revocation of Certification for Municipal Shellfish Conservation Wardens misfiled under Chapter 3, effective September 4, 1984 have been repealed. This is a technical correction to renumber the municipal shellfish conservation warden regulations that are concurrently being re-filed under Chapter 4.

CHAPTER NUMBER AND TITLE: Ch. 4, Certification, Recertification and Revocation of Certification for Municipal Shellfish Conservation Wardens
ADOPTED RULE NUMBER: 2001-83
CONCISE SUMMARY: The Department of Marine Resources (DMR) has adopted clarifications to the procedures for certification, recertification and revocation of certification for the position of municipal shellfish conservation warden. Minimum standard qualifications have been added to provide consistency with other law enforcement officials. Applicants may not enforce municipal ordinances until granted certification by the Department, and must attend the next available training course offered by the Department. The rule requires the municipality to provide the Department with a written job description regarding the warden's duties and responsibilities; establishes conditions for any waivers granted by the Department; clarifies the information that must be reported by the warden on forms provided by the Department and establishes the due dates by which the information must be received by the Department.

EFFECTIVE DATE: March 19, 2001
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 119, Regulations Governing the Licensing and Functioning of Home Health Care Services
ADOPTED RULE NUMBER: 2001-86
CONCISE SUMMARY: These rules are established to provide for revisions of existing regulations to reflect current standards of practice in home health agencies today. Chapter 7.A.4., Physician Services, will change the twenty-one (21) day requirement to a thirty (30) day requirement regarding physician's verbal orders.
The addition of Chapter 7.1., Behavioral Services (Community Support Services). The Department of Human Services and the Department of Mental Health/Mental Retardation and Office of Substance Abuse, in order not to duplicate Maine's existing licensure fees and paperwork, have acknowledged Home Health Care Services Providers to provide behavioral mental health services to children under the present Home Health Care Services licensure process. The Home Health Care Services Provider would not be required to have mental health clinic licensure.
These final regulations will reflect current practices in home health agencies and clarify the requirements for behavioral services for children under the Mental Health Agency licensing standards under Community Support Services standards and the Rights of Recipients of Mental Health Services, who are children in need of treatment using the same regulations as in mental health clinics.
EFFECTIVE DATE: April 1, 2001
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
(TTY DEAF/HARD OF HEARING): (207) 624-5512
FAX: (207) 624-5378


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 600, Oil Discharge Prevention and Pollution Control Rules for Marine Oil Terminals, Transportation Pipelines and Vessels
ADOPTED RULE NUMBER: 2001-89
CONCISE SUMMARY: This rule identifies the minimum design and operating requirements for marine oil terminals and intrastate pipelines.. Topics addressed include oil discharge reporting procedures; vessel to vessel oil transfer (lightering) areas; oil terminal facility siting, design and construction; oil terminal transfer procedures; oil terminal training and safety; and closure of tanks and facilities.
EFFECTIVE DATE: March 24, 2001
AGENCY CONTACT PERSON: Richard Kaselis
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-6113


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