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April 7, 1999
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: 02-313 - Department of Professional and Financial Regulation, Board of Dental Examiners
RULE TITLE OR SUBJECT: Ch. 13, Regulations for Use of General Anesthesia/Sedation by Dentists
PROPOSED RULE NUMBER: 98-P257
CONCISE SUMMARY: Proposed amendment to Chapter 13 of the Board's rules will update the regulations for use of anesthesia by dentists to include conscious sedation by general dentists. Hearing was held in December 1998. In reviewing public comments, the Board decided to consider amendment of the proposed rules to be more specific of the educational requirements and the examining process of any dentist using conscious sedation. Pursuant to 5 M.R.S.A. 8052(5)(B), the Board is requesting written public comments on this substantive change from the rule as originally proposed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORYAUTHORITY: 32 M.R.S.A. 1073
PUBLIC HEARING: Held December, 1998.
DEADLINE FOR COMMENTS: May 7, 1999
AGENCY CONTACT PERSON: Anita Merrow
AGENCY NAME: Board of Dental Examiners
ADDRESS: # 143 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-3333


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife

RULE TITLE OR SUBJECT: Ch. 4, Antlerless Deer Hunting Restrictions
PROPOSED RULE NUMBER: 99-P61
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 1999 regular and special muzzleloading deer hunting season. This proposal will establish specific permit allocations for the 30 new Wildlife Management Districts (WMD) as follows:
WMD 1 -- 100 permits
WMD 2 -- 25 permits
WMD 3 -- 0 permits
WMD 4 -- 200 permits
WMD 5 -- 300 permits
WMD 6 -- 150 permits
WMD 7 -- 850 permits
WMD 8 -- 950 permits
WMD 9 -- 300 permits
WMD 10 -- 400 permits
WMD 11 -- 450 permits
WMD 12 -- 1,400 pen-nits
WMD 13 -- 1,350 permits
WMD 14 -- 350 permits
WMD 15 -- 2,200 permits
WMD 16 -- 4,650 permits
WMD 17 -- 9,000 permits
WMD 18 -- 950 permits
WMD 19 -- 0 permits
WMD 20 -- 2,900 permits
WMD 21 -- 3,650 permits
WMD 22 -- 4,200 permits
WMD 23 -- 8,850 permits
WMD 24 -- 2,850 permits
WMD 25 -- 2,700 permits
WMD 26 -- 3,450 permits
WMD 27 -- 350 permits
WMD 28 -- 0 permits
WMD 29 -- 25 permits
WMD 30 -- 1,200 permits
-----------------------
TOTAL -- 53,800
STATUTORY AUTHORITY: 12 M.R.S.A Sections 7035, 7457

RULE TITLE OR SUBJECT: Ch. 4, Expanded Archery Season, Wildlife Management Districts, Wildlife Management Areas
PROPOSED RULE NUMBER: 99-P62
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to make the following 3 rule changes in accordance with Title 12, MRSA, Sections 7102-B, 7457, 7653. 1) Establishment of season dates for the Expanded Archery Season as follows: There shall be a special expanded archery deer hunting season beginning the first Saturday following Labor Day until the last day of the extended Muzzleloading Season. The areas open to hunting during the Expanded Archery Season remain the same as the 1998 season with the exception of the Camden/Rockport area (see proposal 3 below for opening Beauchamp Point Sanctuary to deer hunting with bow and arrow). 2) Changes to the boundary descriptions for Wildlife Management Units 27, 28 and 29. These amendments only remove ambiguity in the original descriptions; they do not move any land into a different WMD. Copies of the amendments are available from the Agency Contact Person. 3) Beauchamp Point Sanctuary (Camden and Rockport): This Sanctuary will be open to deer hunting with bow and arrow only during any open archery season.
STATUTORY AUTHORITY: 12 M.R.S.A Sections 7035, 7102-B, 7457

PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: May 7, 1999
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201.


AGENCY: 02-041 - Department of Professional and Financial Regulation, Massage Therapy
RULE TITLE OR SUBJECT: 99-P63
Ch. 1, Definitions (New Chapter)
Ch. 2, General Information (New Chapter)
Ch. 3, Licensure/Registration Requirements (New Chapter)
Ch. 4, Complaints and Investigations (New Chapter)
PROPOSED RULE NUMBER: 99-P63
CONCISE SUMMARY: The new proposed rules will define certain professional terms, establish guidelines for maintenance of licensure records and display of licenses or registrations where the holder engages in the practice of massage therapy, sets forth the procedures and requirements for licensure by an applicant, and describes the procedures by which complaints and adjudicatory hearings will be handled by the Department of Professional and Financial Regulation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 M.R.S.A. c125. 14302(2)
PUBLIC HEARING: Thursday, April 30, 1999 at 9:00 a.m., Department of Professional and Financial Regulation, Gardiner Annex, 122 Northern Avenue, Gardiner, Maine 04345
DEADLINE FOR WRITTEN COMMENTS: May 10, 1999
AGENCY CONTACT PERSON:
NAME: Dianne E. Sawyer, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8617


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool Cost of Administration
PROPOSED RULE NUMBER: 99-P64
CONCISE SUMMARY: This amendment to the Maine Milk Pool Cost of Administration Rule, Chapter #61, are proposed to reflect the estimated administrative cost of operating the pool for calendar year 1999.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA, 3154(2)
PUBLIC HEARING: April 26, 1999, 8:00 a.m., Deering Building, Room 225, Augusta ME
DEADLINE FOR COMMENTS: May 6, 1999 5:00 p.m.
AGENCY CONTACT PERSON: Cynthia L. Masterman
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: 207-287-7521


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - 1999 Federal Poverty Levels
PROPOSED RULE NUMBER: 99-P65
CONCISE SUMMARY: This rule puts into effect the 1999 Federal Poverty Level (FPL). The FPLs are updated each year by the Federal Department of Health and Human Services. The FPL serves as the income limit in Cub Care, Medicaid for children and their parents, elderly and disabled individuals and pregnant women.
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 6, 1999.
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: 12-152 - Department of Labor, Division of Vocational Rehabilitation
RULE TITLE OR SUBJECT: Ch. 1, Division of Vocational Rehabilitation Services Policy Manual; repeal of Ch. 551, Home Based Care Act
PROPOSED RULE NUMBER: 99-P66
CONCISE SUMMARY: The Division of Vocational Rehabilitation Services Policy governs the delivery of services to assist individuals with disabilities to prepare for and obtain employment. In order to implement the Federal Rehabilitation Act Amendments of 1998 and the Title I Federal Regulations, the existing Vocational Rehabilitation rules are repealed and replaced with new rules. Changes in Section 3, Appeal Process, Section 4, Eligibility, Section 6, Order of Selection, Section 7, Individualized Plan for Employment, and Section 9, Vocational Rehabilitation Services are based on changes to the Federal Rehabilitation Act Amendments of 1998. In addition Chapter 551, Home Based Care Act rules are repealed and replaced by 10-149 Ch. 5 of the Bureau of Elder and Adult Services Policy Manual, Section 63, In Home and Community Support Services rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 26, M.R.S.A. 1418
PUBLIC HEARING: April 26, 1999, 10-12:00, VA Togus, Building 205, Second Floor, Bureau of Rehabilitation Conference room.
DEADLINE FOR COMMENTS. May 6, 1999
AGENCY CONTACT PERSON: Arthur P. Jacobson
AGENCY NAME: Division of Vocational Rehabilitation
ADDRESS: State House Station 150, Augusta, Maine 04333-0150
TELEPHONE: (207) 287-5136
TTY: 1-800-698-4440


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. (New), Selection of Preferred Telecommunications Carriers and the Imposition of Preferred Carrier Freezes
PROPOSED RULE NUMBER: 99-P68
CONCISE SUMMARY: To prohibit telecommunications carriers from changing a customer's presubscribed interexchange carrier or presubscribed local exchange carrier without first receiving the customer's authorization.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A, M.R.S.A. 7106
PUBLIC HEARING None Scheduled, but one will be held if requested by five (5) interested persons.
DEADLINE FOR COMMENTS: May 14, 1999
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-1396


ADOPTIONS

AGENCY: 18-553 - Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations
CHAPTER NUMBER AND TITLE: Ch. 1, Agency Liquor Stores
ADOPTED RULE NUMBER: 99-134
CONCISE SUMMARY: State liquor stores will receive liquor inventory exchanges from agents in accordance with the established guidelines.
EFFECTIVE DATE: March 23, 1999
AGENCY CONTACT PERSON: Robert Newhouse
AGENCY NAME: Bureau Of Alcoholic Beverages And Lottery Operations
ADDRESS: 8 State House Station, Augusta, ME 04333-0008
TELEPHONE: 287-6506


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - 1999 Federal Poverty Levels
ADOPTED RULE NUMBER: 99-138
CONCISE SUMMARY: This rule puts into effect the 1999 Federal Poverty Level (FPL). The FPL's are updated each year by the U.S. Department of Health and Human Services. The FPL serves as the income limit in Medicaid for children, elderly and disabled individuals and pregnant women.
EFFECTIVE DATE: March 26, 1999
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Updating the Federal Poverty Level Income Guidelines
ADOPTED RULE NUMBER: 99-139
CONCISE SUMMARY: The policy updates the federal poverty level income guidelines contained in the TANF policy manual.
EFFECTIVE DATE: March 29, 1999
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Various clarification, change in definitions of Unemployed Parent, Essential Person, Deductions from Self-Employment Income and Deletion for the requirement to refer Non-custodial Parents without Health Insurance for children applying for Cub Care.
ADOPTED RULE NUMBER: 99-140
CONCISE SUMMARY: This rule:
clarifies existing rules by rewording policy,
changes AFDC-related rules to comply with Section 1931 of the Social Security Act (definitions of unemployed parent, "essential person" and disregards from self-employment income),
changes AFDC-related and SSI-related rules regarding the treatment of certain VA payments to Vietnam veterans,
changes Cub Care rules deleting the requirement to refer the non-custodial parent to Support Enforcement if they do not have medical insurance for Cub Care eligible children.
EFFECTIVE DATE: April 4, 1999
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 159, Rules Governing the Administration of the Semipermanent Semitrailer Registration Program
ADOPTED RULE NUMBER: 99-141
CONCISE SUMMARY: This emergency rule has been put in place to facilitate administrative flexibility and customer service.
EFFECTIVE DATE: March 30, 1999
AGENCY CONTACT PERSON: Maurice J. Dionne, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, Maine 04333-0029
TELEPHONE: 207/287-8633


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