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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 12, 2000
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: 03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10, Subsection 9.15J, Policy and Procedures Manual - Drug and Alcohol Testing of Juveniles
PROPOSED RULE NUMBER: 2000-P69
CONCISE SUMMARY: This Policy & Procedure governs the specific practices and conditions when juvenile clients of the Maine Department of Corrections may be required to be tested for drug and/or alcohol use, including purpose, collections of specimens, testing procedures, required documentation, and action to be taken with the result of a positive test.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA Section 1402
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 24, 2000
AGENCY CONTACT PERSON: Ellis King, State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 25.08, Lobster Trap Tag System
Ch. 25.91, Lobster Trap Tag Fee - Repeal
Ch. 25.92, Trap Tag Fees - Repeal
PROPOSED RULE NUMBER: 2000-P70
CONCISE SUMMARY: The Department of Marine Resources proposes to remove the term "coastal waters" in Chapter 25.08 to clarify that regulations pertaining to lobster fishing under a Maine lobster and crab fishing license apply to all waters in which these activities occur unless otherwise directed by statute. This proposed change would provide consistency with a repeal of this term throughout Chapter 25 effective December 25, 1999. The proposed change to Chapter 25.08(C) establishes a 12-month lobster fishing season beginning June 1 for the purpose of identifying and tracking lobster traps. Evidence for trap tag loss is proposed for repeal in Chapter 25.08(D) for consistency with the NMFS and ASMFC lobster management plans. Chapter 25.91 and 25.92 are repealed and replaced by the trap tag provisions in Chapter 25.08. Technical changes include renumbering, grammar corrections and repeal of language that is no longer necessary.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6431-B and 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, May 12, 2000
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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.94(2)(d), Lobster Management Zones, Zone D
PROPOSED RULE NUMBER: 2000-P71
CONCISE SUMMARY: The Commissioner proposes the following revised northern section of the boundary line for Zone D, to more accurately reflect historic fishing ground use in the area between the Pemaquid Lighthouse and Pemaquid Point. The western boundary for Zone D would begin at Pemaquid Point instead of the Lighthouse, then due 180 degrees Magnetic to the established intersection at 43 48.1' N Latitude, 69 30'W Longitude. The beginning of the Zone E boundary line would begin at the Pemaquid Lighthouse, then due 192 Magnetic to the same intersection, as established in the regulations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6446
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, May 12, 2000
AGENCY CONTACT PERSON: Terry Stockwell
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9556


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 2000-127
CONCISE SUMMARY: Under current Food Stamp policy, some ABAWDS (Able Bodied Adults Without Dependents) are required to follow ABAWD work requirements if there is a child under the age of eighteen (18) in the household, as long as there is another exempt adult who accepts responsibility for the child. This policy would exempt all adults in the household if there is a child under age eighteen (18) present. ABAWDS can only receive Food Stamps for three (3) months in a thirty six (36) month period unless otherwise exempt. This policy clarifies that the three (3) months do not include a prorated month. This policy clarifies that annual income from annuities and lottery payments are to be averaged over a twelve (12) month period.
EFFECTIVE DATE: April 5, 2000.
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 146, Diesel-powered Motor Vehicle Emissions Standards
ADOPTED RULE NUMBER: 2000-128
CONCISE SUMMARY: This new rule establishes emission standards for diesel-powered motor vehicles having a gross vehicle weight greater than 18,000 pounds. This rule does not apply to trucks registered as farm trucks. Vehicles will be tested during routine State Police roadside truck inspections and only those vehicles with excess emissions identified by a certified inspector are subject to the test. The enforcement of these emission standards is expected to result in the repair of poorly maintained or tampered heavy-duty diesel vehicles, and to encourage proper long term maintenance of these vehicles. Heavy-duty diesel engines used in trucks and buses are a significant source of particulate matter which contribute to air pollution problems such as fine particulates, regional haze, air toxics and acid precipitation.
EFFECTIVE DATE: April 5, 2000
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Bureau of Air Quality Control
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-2437


AGENCY: 02 - Department of Professional and Financial Regulation
02-029 - Bureau of Banking
02-030 - Office of Consumer Credit Regulation

CHAPTER NUMBER AND TITLE:
Bureau of Banking, Ch. 140
Office of Consumer Credit Regulation, Ch. 245
Student Loan Disclosures
ADOPTED RULE NUMBERS: 2000-129 and 2000-130
CONCISE SUMMARY: This rule will establish disclosure requirements for student loans that involve the use of the state's private activity bond monies and requires lenders or issuers to provide the Bureau of Banking or the Office of Consumer Credit Regulation will sample disclosures. The rule will also govern the advertising of these student loan products and establishes sanctions for lenders or issuers who fail to comply with the requirements of the rule.
EFFECTIVE DATE: August 1, 2000
AGENCY CONTACT PERSONS:
Colette Mooney, Deputy Superintendent, Bureau of Banking, 36 State House Station, Augusta, Maine 04333-0036. (207) 624-8574
William N. Lund, Director Office of Consumer Credit Regulation, 35 State House Station, Augusta, Maine 04333-0036. (207) 624-8527


AGENCY: 06-096 - Board of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 1237, Amendment to Town of Greene Shoreland Zoning Map
ADOPTED RULE NUMBER: 2000-131
CONCISE SUMMARY: This rule amends the shoreland zoning map for the town of Greene for an area adjacent to a freshwater wetland that abuts Route 202, near the Lewiston city line. Specifically, the zoning for portions of land included on Greene tax map 2, lots 52 and 53, has been changed from the Limited Residential District to the General Development District, with a 75-foot development setback requirement from the wetland.
EFFECTIVE DATE: April 9, 2000
AGENCY CONTACT PERSON: Richard P. Baker
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7730


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