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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

April 5, 2000

NOTICE OF STATE RULE-MAKING
as posted in 5 daily Maine newspapers

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: 02-285 - Department of Professional and Financial Regulation, Board of Veterinary Medicine
PROPOSED RULE CHAPTER, TITLE:
Repeal the following chapters:
Ch. 1, Licensing of Veterinarians
Ch. 2, Registration of Animal Technicians
Ch. 3, Standards and Guidelines for Practice
Ch. 4, Hearing Rules for Adjudicatory Proceedings
Ch. 8, Fees
Replace the above with new chapters as follows:
Ch. 1, Definitions and General Provisions
Ch. 2, Licensure Requirements for Veterinarians and Permit for Performance of Relief Veterinary Service
Ch. 3, Registration Requirements for Veterinary Technicians
Ch. 4, Standards for Continuing Professional Education for Veterinary Doctors
Ch. 5, Standards for Veterinary Practice Facilities and Record Keeping
Ch. 6, Enforcement and Disciplinary Procedures
Ch. 7, Code of Ethics
Ch. 8, Fees
PROPOSED RULE NUMBER: 2000-P60
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 veterinarians and veterinary technicians; 4] set standards for safety and sanitary procedures in veterinary facilities; 5] update and clarify procedures for filing and handling complaints, including clarification of the terms used for specific grounds for discipline; 6] establish standards for the practice of veterinary medicine and grounds of unprofessional conduct for persons licensed and practicing in Maine; 7] update and clarify terms used in conjunction with fees assessed by the board.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 32 MRSA c.71-A 4856; 4859(1) through (6); 4861; 4861(l)(3) and (4); 4871(2)
PUBLIC HEARING: Wednesday, April 26, 2000 at 10:00 a.m. to 12:30 p.m. -- Kennebec Room, Maine Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: May 8, 2000
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: (207) 624-8689 or (207)624-8625


AGENCY: 02-298 - Department of Professional and Financial Regulation, Board of Real Estate Appraisers
RULE TITLE OR SUBJECT: Ch. 240, Standards of Professional Practice
PROPOSED RULE NUMBER: 2000-P61
CONCISE SUMMARY: The amendment to Chapter 240 identifies the current edition of the standards of professional practice with which licensees shall comply.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA c.124 14012
PUBLIC HEARINGE: None scheduled; one may be requested.
DEADLINE FOR WRITTEN COMMENTS: May 8, 2000.
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Spousal Living Allowance (CRBH), Bounced Checks and Clarification of Some Existing Rules.
PROPOSED RULE NUMBER: 2000-P62
CONCISE SUMMARY:
1. Spousal Living Allowance for SSI recipients whose spouses in Cost Reimbursed Boarding Homes are covered by Medicaid is decreased from $242 to $239 per month.
2. Policy on how to handle Bounced Checks.
3. Rewording of other rules for purpose of clarification.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: May 5, 2000.
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 02-031 - Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 930, Viatical Settlements
PROPOSED RULE NUMBER: 2000-P63
CONCISE SUMMARY: To set forth standards and procedures for the viatication of life insurance policies, to establish and maintain standards for reasonableness of payments to viators, to provide for procedures for disclosure of the identity of the viator or the insured and to establish licensing requirements for providers and producers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A MRSA 212 and 6810
PUBLIC HEARING: None scheduled; one maybe requested.
DEADLINE FOR COMMENTS: May 12, 2000, 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Legal Secretary, Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
RULE TITLE OR SUBJECT: Ch. 4, Rules and Regulations Governing Boating Facilities
PROPOSED RULE NUMBER: 2000-P64
CONCISE SUMMARY: The rules Governing Boating Facilities are being repealed and replaced to:
* rephrase certain rules to increase clarity;
* add new rules to prohibit swimming near launching areas;
* require pet owners to clean up after their pets;
* prevent night use of launching facilities;
* prohibit commercial advertising; and
* allow special uses by permit.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Section 1883
PUBLIC HEARING : A public hearing will be scheduled if one is requested.
DEADLINE FOR COMMENTS: May 10, 2000
AGENCY CONTACT PERSON: Herb Hartman
AGENCY NAME: Bureau of Parks and Lands
ADDRESS: State House Station 22, Augusta, ME 04333
TELEPHONE: 287-4961


AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control

RULE TITLE OR SUBJECT: Amendment to Ch. 28, Notification Provisions for Outdoor Pesticide Applications
PROPOSED RULE NUMBER: 2000-P65
CONCISE SUMMARY: In 1998, the Board consolidated its notification requirements in this new chapter and created a Pesticide Notification Registry for Non-Agricultural Pesticide Applications. In order to allay fears that the new requirements would pose unusual hardships, the members decided to add a two year sunset provision. This action ensured that the Board would have to revisit the issues before the rule could be extended past September 30, 2000. The Board is unaware of any serious concerns with implementation of the rule and is proposing to remove the Sunset provision so the rule will be extended indefinitely.

RULE TITLE OR SUBSECT: Amendment to Ch. 60, Designation of Critical Pesticide Control Areas
PROPOSED RULE NUMBER: 2000-P66
CONCISE SUMMARY: On December 8, 1999, the Board held a public hearing to consider a petition from the Bruce and Deborah Brown family of 159 Crabtree Road in Hope. The Browns had petitioned the Board to create a critical pesticide control area designation that would include a one half mile radius of their home. They sought to protect the health of their family by prohibiting the use of most pesticides within this zone. In reviewing the hearing record, the Board did not feel the prohibition sought by the petitioner was appropriate and requested staff to develop a revised rule that would provide protection for the Browns while still allowing the commercial blueberry growers to protect their crop. At their March 24, 2000 meeting, the Board agreed to proceed with a staff proposal which would allow aerial application of granular formulations and ground applications of liquid sprays according to a pest management plan to be approved on an annual basis by the Board. Since there were substantial differences between the original and current proposals, the Board voted to reopen the hearing record for 30 days to seek comments on the changes from the rule that was originally proposed in 1999. Only comments that address the changes will be considered by the Board.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8051 et seq. and 22 MRSA 1471-F and M.
PUBLIC HEARING: None Scheduled. The Board is only seeking written comments.
DEADLINE FOR COMMENTS: 4:00 p.m., May 8, 2000
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station,, Augusta, Maine 04333-0028
TELEPHONE: 207-287-2731
FAX: 207-287-7548
E-MAIL: robert.batteese@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/rules.htm


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping, Antlerless Deer Hunting Restrictions
PROPOSED RULE NUMBER: 2000-P67
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 2000 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 - 200 permits
WMD 2 - 50 permits
WMD 3 - 50 permits
WMD 4 - 350 permits
WMD 5 - 450 permits
WMD 6 - 200 permits
WMD 7 - 1,500 permits
WMD 8 - 1,200 permits
WMD 9 - 400 permits
WMD 10 - 450 permits
WMD 11 - 600 permits
WMD 12 - 1,800 permits
WMD 13 - 1,550 permits
WMD 14 - 600 permits
WMD 15 - 4,050 permits
WMD 16 - 6,850 permits
WMD 17 - 12,250 permits
WMD 18 - 1,250 permits
WMD 19 - 0 permits
WMD 20 - 3,500 permits
WMD 21 - 5,300 permits
WMD 22 - 6,800 pen-nits
WMD 23 - 12,900 permits
WMD 24 - 3,300 permits
WMD 25 - 4,050 permits
WMD 26 - 4,250 permits
WMD 27 - 400 permits
WMD 28 - 0 permits
WMD 29 - 25 permits,
WMD 30 - 1,200 permits
TOTAL: 75,525
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7457
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 5, 2000
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201.


ADOPTIONS

AGENCY: 16-222 - Department of Public Safety, Bureau of State Police
CHAPTER NUMBER AND TITLE: Ch. 3, Rules and Regulations Relating to Beano
ADOPTED RULE NUMBER: 2000-114
CONCISE SUMMARY: This rule requires a Commercial Hall Permittee to conspicuously post the Commercial Hall Permit at the Commercial Hall in the room or area where Beano is being conducted.
EFFECTIVE DATE: March 27, 2000
AGENCY CONTACT PERSON: Sgt. Barry Hathaway
AGENCY NAME . Maine State Police Gaming and Weapons Section
ADDRESS: 164 State House Station, Augusta, Maine 04333-0164
TELEPHONE: 207-624-8784


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. I, Section 1, General Administrative Policies and Procedures.
ADOPTED RULE NUMBER: 2000-116
CONCISE SUMMARY: The final rule updates Chapter I, Section 1, "General Administrative Policies and Procedures," to reflect changes in the program mandated by legislation passed by the 119th Maine Legislature. More specifically, the update changes the maximum amounts allowed for payments of claims involving Medicare/Medicaid clients for supplemental medical insurance (Part B) for all non-exempted service. The implementation date for this change is March 1, 2000.
EFFECTIVE DATE: March 29, 2000
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
DEAF/HARD OF HEARING: 800-423-4331


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 328, Rules Governing Licensing and Inspection of Farm Cheese
ADOPTED RULE NUMBER: 2000-118
CONCISE SUMMARY: The rule clarifies the procedures for the safe processing and manufacturing of farm cheese produced in Maine. This rule outlines safe handling procedures to ensure the health of the consuming public.
EFFECTIVE DATE: April 27, 2000
AGENCY CONTACT PERSON: Shelley Doak, Director
AGENCY NAME: Department of Agriculture, Food and Rural Resources
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: 207-287-7610


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