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April 8, 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: 02-070 - Department of Professional and Financial Regulation, Office of Licensing, and Registration, Board of Certification for Geologists and Soil Scientists
RULE TITLE OR SUBJECT:
New Ch. 1 - Definitions
New Ch. 2 - General Information
Amendment to Ch. 3 - Code of Ethics
New Ch. 4 - Certification Requirements
New Ch. 5 - Fees
New Ch. 6 - Complaints, Investigations and Adjudicatory Hearings
Repeal Ch. 1 - Review of Applications for Certification
Repeal Ch. 2 - Requests for Advisory Rulings
PROPOSED RULE NUMBER: 98-P63
CONCISE SUMMARY: The proposed rules will establish guidelines relating to meetings, advisory rulings, and maintenance of records. The proposed rules describe the procedure to be followed in determining whether an applicant is eligible to be certified as a geologist or soil scientist as well as set forth the fees to be charged for all licenses issued by the Board. The proposed rules also describe the procedure by which complaints and adjudicatory hearings will be handled by the Board.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 M.R.S.A., c. 73 4908
PUBLIC HEARING: Wednesday, April 29, 1998, 9:00 a.m., Androscoggin Room, Department of Professional & Financial Regulation, Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: May 11, 1998
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Administrator
ADDRESS: Department of Professional and Financial Regulation Office of Licensing, and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605

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

RULE TITLE OR SUBJECT: Ch. 14, Commercial Whitewater Rafting
PROPOSED RULE NUMBER: 98-P64
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt rules for commercial whitewater rafting as follows: (1) establish the order of launch for 1998, and (2) establish the allocated Sundays (in addition to the allocated days and periods in statute) for the West Branch of the Penobscot River for 1998 and (3) re-adopt the license fee. A copy of the proposal may be obtained from the Agency Contact Person.

RULE TITLE OR SUBJECT: Ch. 4, Antlerless Deer Hunting Restrictions
PROPOSED RULE NUMBER: 98-P65
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 1998 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 - 200 permits
WMD 2 - 50 permits
WMD 3 - 25 permits
WMD 4 - 250 permits
WMD 5 - 300 permits
WMD 6 - 200 permits
WMD 7 - 550 permits
WMD 8 - 450 permits
WMD 9 - 100 permits
WMD 10 - 350 permits
WMD 11 - 350 permits
WMD 12 - 950 permits
WMD 13 - 950 permits
WMD 14 - 450 permits
WMD 15 - 2,900 permits
WMD 16 - 3,700 permits
WMD 17 - 7,500 permits
WMD 18 - 800 permits
WMD 19 - 0 permits
WMD 20 - 2,900 permits
WMD 21 - 3,500 permits
WMD 22 - 3,450 permits
WMD 23 - 7,500 permits
WMD 24 - 2,850 permits
WMD 25 - 1,750 permits
WMD 26 - 2,700 permits
WMD 27 - 300 permits
WMD 28 - 0 permits
WMD 29 - 25 permits
WMD 30 - 1,200 permits
TOTAL - 46,250
In addition, the 1998 muzzleloading season dates are being re-adopted according to the new Wildlife Management Districts. The dates remain the same as those adopted previously . As a housekeeping item, Ch. 4.03 (C) Special Deer Hunting Districts is being repealed. This section has been replaced with the adoption of the 30 new Wildlife Management Districts. All other antlerless deer regulations in effect in 1997 shall remain the same.

STATUTORY AUTHORITY: 12 M.R.S.A Sections 7035, 7457, 7107-A
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: May 6, 1998
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201.


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual:, Ch. VII, Section 2, Medicaid Managed Care Initiative. This rule will repeal and replace the existing Ch. VII, Section 2.
PROPOSED RULE NUMBER: 98-P66
CONCISE SUMMARY: This rule establishes standards governing contracting and operation of the Maine Medicaid Managed Care Initiative for eligible Medicaid recipients under a mandatory program, pursuant to Section 1932(a) of the Social Security Act. The program will be mandated for certain eligible populations to include: TANF and eligible individuals of Families with Children. The program will be offered on a voluntary basis to eligible Foster Children & Children with Adoption Assistance. The rules establish standards for contracting which managed care organizations must meet in order to qualify to contract for the Initiative and operational standards with which the Bureau of Medical Services may administer the program. A separate section of this chapter will be proposed at a later date which will include the rate application instructions and capitation rates.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: April 27, 1998, 9:00 a.m., Kennebec Room, Augusta Civic Center, Civic Center Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments will be accepted through May 8, 1998.
AGENCY CONTACT PERSON: Chris Zukas-Lessard, Director
AGENCY NAME: , Policy Development Division, Bureau of Medical Services, Department of Human Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5521
TTY: 207-287-1828


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 85, "Physical Therapy Services."
PROPOSED RULE NUMBER: 98-P67
CONCISE SUMMARY: This proposed rule updates the guidelines for Physical Therapy Services to enable referrals by or surgeons, expands qualified staff to include physical therapist assistants, enables reimbursement for use interpreters in providing services to qualified clients, and related minor editing changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING:
Date: April 28,1998
Time: 1:30 P.M.
Location: 2nd Floor Conference Room, 35 Anthony Avenue, Augusta, ME
DEADLINE FOR COMMENTS: May 12,1998
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy & Programs
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514, or at 207-287-1828 (TTY)


AGENCY: 13-188, Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 90, Knox County Conservation Areas I, II & III
PROPOSED RULE NUMBER: 98-P68
CONCISE SUMMARY: The Commissioner of Marine Resources, in consultation with members of the soft-shell clam and marine worm industries, is proposing to adopt a conservation closure within a portion of the St. George River in order to regulate the harvest of marine worms in reference to time and location. The proposed rule establishes a harvest plan having specific dates and locations where marine worms shall be harvested from April 8 through September 31, 1998. The purpose of the rule is to reduce the threat of conflict between the two user groups, prevent economic dislocation by eliminating one or both groups and protect existing and future soft-shell clam resources that may be subject to imminent depletion by repetitive worm digging. The rule will not affect the harvest of soft-shell clams or other marine resources in the proposed conservation areas.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171 and 6171-A
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, May 8,1998
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: 02-392 - Department of Professional and Financial Regulation, Board of Pharmacy
RULE TITLE OR SUBJECT: Ch. 18, Noncontrolled Prescription Drug Administration
PROPOSED RULE NUMBER: 98-P69
CONCISE SUMMARY:This chapter lists the types of noncontrolled prescription drugs that a Registered Nurse or Advanced Practice Registered Nurse may carry in their possession.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 M.R.S.A., c. 117, 13810(1)
PUBLIC HEARING: None scheduled; one may be requested. 30 day comment period.
DEADLINE FOR WRITTEN COMMENTS: May 8, 1998
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, 435 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8625


AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Ch. 28, "Notification Provisions for Outdoor Pesticide Applications" and Amendments to Ch. 22, "Standards for Outdoor Applications by Powered Equipment in Order to Minimize Off-Target Deposition"
PROPOSED RULE NUMBER: 98-P70
CONCISE SUMMARY: Proposed Ch. 28 consolidates the requirements for requesting notification about pesticide applications, for posting property on which certain commercial pesticide applications have occurred and also establishes the Maine Pesticide Notification Registry structure and fees. Because of this consolidation, the posting and public notification provisions of Ch. 22 are being deleted and moved to Ch. 28. The Board is scheduling a third public hearing on the above rules because of substantive changes made as a result of comments received since the last hearing on January 30, 1998. This new proposal increases the annual fee for the registry to $35.00 and provides exceptions to the notification provisions for certain right of way applicators, structural pest control operators making non-powered applications within eight feet of a structure, and persons applying general use pesticides by hand or non-powered equipment to control stinging insects.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 M.R.S.A., 8051 et seq.; 7 M.R.S.A. 601-625; and 22 M.R.S.A., 1471 A-X.
PUBLIC HEARING: Friday, May 1, 1998 at 9:30 a.m. at the Main Hall, Rooms A & B, Bangor Civic Center, Bass Park, Bangor, Maine.
DEADLINE FOR COMMENTS: 5:00 P.M., May 13,1998
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
EMAIL: robert.batteese@maine.gov
URL:: http://www.maine.gov/agriculture/pesticides/rules.htm


ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine (FAME)
RULE TITLE OR SUBJECT: Ch. 602, Amendment 1: Maine Guaranteed Student Loan Program
ADOPTED RULE NUMBER: 98-155
CONCISE SUMMARY: The amendment broadens the Authority's ability to guarantee consolidation Loans to include both Federal Family Education Loan Program loans and Federal Direct Student Loans, implementing an option recently enacted by the Federal Government in emergency legislation.
EFFECTIVE DATE: April 1, 1998
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine (FAME), P.O. Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
PHONE: (207) 623-3263 (Voice); (207) 626-2715 (TDD); (207) 623-0095 (FAX)


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 32.02, Elver Harvest Reporting Requirements
ADOPTED RULE NUMBER: 98-156
CONCISE SUMMARY: This regulation establishes requirements for persons holding an elver dealer's license or dealer sub-permittees to maintain a log book. The purpose of the log book is to obtain statistical information on the harvest of elvers to assist the Department in the conservation and management of the resource.

CHAPTER NUMBER AND TITLE: Ch. 32.03, Eel Harvesting Regulations
ADOPTED RULE NUMBER: 98-157
CONCISE SUMMARY: This regulation requires persons holding an eel harvesting license to mark their eel pot buoys with the owner's eel license number and to comply with other restrictions related to eel pot baiting, placement, and tending.

EFFECTIVE DATE: March 31,1998
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: 03-201 - Maine Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 15, Certification and Monitoring of Batterer Intervention Programs
ADOPTED RULE NUMBER: 98-160
CONCISE SUMMARY The Maine Coalition of Family Crisis Services convened a working group to develop Standards for Batterer Intervention Programs. The Department of Corrections is adopting rules to establish those standards.
EFFECTIVE DATE: April 29, 1998
AGENCY CONTACT PERSON: Denise Giles, Victim Services Coordinator
AGENCY NAME: Maine Department of Corrections
ADDRESS: State House Station III, Augusta, ME 04333
TELEPHONE: (207) 287-4385


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 90.10, Knox County Conservation Areas I, II, & III
ADOPTED RULE NUMBER: 98-161
CONCISE SUMMARY: The purpose of the emergency rule is to reduce the threat of conflict between the two user groups, prevent economic dislocation by eliminating one or both groups and protect existing and future soft-shell clam resources that may be subject to imminent depletion by repetitive worm digging. The rule will not affect the harvest of soft-shell clams or other marine resources in the proposed conservation areas. The rule establishes a harvest plan with specific dates and locations where marine worms shall be harvested that minimizes the impact of repetitive digging on sediments which will help conserve the worm resource. This emergency rule will be in effect April, 8 1998 for a period of 90 days or until repealed.
EFFECTIVE DATE: April 8, 1998
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


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