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April 14, 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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) -- Removes Medicaid Policy from the Maine Public Assistance Manual
PROPOSED RULE NUMBER: 99-P69
CONCISE SUMMARY: This rule removes Medicaid policy from the Maine Public Assistance Manual and emphasizes that eligibility for Medicaid and TANF benefits are determined separately.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: May 14, 1999
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
RULE TITLE OR SUBJECT: Ch. 3, Revisions to the Maine Uniform State Waterway Marking System Rules & Regulations
PROPOSED RULE NUMBER: 99-P70
CONCISE SUMMARY: The proposed revisions are being made in order to (1) bring the bureau's rules into compliance with the current marking system regulations of the United States Coast Guard and (2) to limit the granting of permits for navigational aids and regulatory markers to lake associations, organizations, and political subdivisions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A., Section 1894
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 20, 1999
AGENCY CONTACT PERSON: Timothy Thurston, Navigational Aids Supervisor, Bureau of Parks and Lands, #22 State House Station, Augusta, ME 04333-0022
PHONE: 207-582-5771


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 520-529, Wastewater Discharge Program
ADOPTED RULE NUMBER: 99-142 through 99-149
CONCISE SUMMARY: The State of Maine will be applying to the US EPA for delegation to administer the National Pollutant Discharge Elimination System (NPDES) under the Clean Water Act in Maine. This will eliminate the current system of dual regulation of wastewater discharges to waters of the State by both the DEP and EPA. These rules are necessary to complete the delegation application. Adoption of the rules will give the State comparable authority to administer the NPDES program, but will have minimal regulatory impact since they are substantially the same as Federal Regulations currently effective in Maine. The rules address applications for discharge permits, processing procedures, effluent criteria and standards, the industrial pretreatment program and issuance of general permits. The rules consist of the following chapters:
520 - Definitions;
521 - Applications for Licenses;
522 - Application Processing Procedures;
523 - Permit Conditions;
524 - Criteria and Standards;
525 - Effluent Guidelines and Standards;
526 - Reserved;
527 - Reserved;
528 - Pretreatment;
529 - General Permits.
The corresponding EPA regulations may be found in portions of 40 CFR parts 122, 123, 124, 125, 129, 133 and 401 through 472.
EFFECTIVE DATE: Upon approval of the US EPA of related parts of the State's application to administer the NPDES program of the Federal Clean Water Act, pursuant to 40 CFR part 123.
AGENCY CONTACT PERSON: Dennis Merrill
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7788
E-MAIL: dennis.i.merrill@maine.gov


AGENCY: 10-144 - Department of Human Services
CHAPTER NUMBER AND TITLE: Ch. 287, Family Planning
ADOPTED RULE NUMBER: 99-151
CONCISE SUMMARY: This chapter requires all funding provided through state government for family planning services comply with the current federal Title X regulations.
EFFECTIVE DATE: April 6, 1999
AGENCY CONTACT PERSON: Shannon King
AGENCY NAME: Teen and Young Adult Health Program
ADDRESS: 331 Water Street, Augusta, ME 04333-0011
TELEPHONE: 287-5364


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 67, Nursing Facility Services
ADOPTED RULE NUMBER: 99-152
CONCISE SUMMARY: Adopted changes to Section 67, Nursing Facility Services, Maine Medical Assistance Manual include: (sections identified as major substantive rules are adopted subject to legislative approval): 1) new language specifies that coverage for NF services shall begin and end with the recipient's classification period; 2) the term "Brain Injury" (SI) is defined and replaces the term "Traumatic Brain Injury" throughout the rules; 3) medical eligibility requirements for BI services are set forth and include the use of a Disability Rating Scale (DRS) in Appendix 3; 4) requirements for the reimbursement of BI services have been revised; 5) NF BI service providers must have Commission on Accreditation of Rehabilitation Facilities (CARF) accreditation to receive Medicaid BI coverage; 6) requirements for administering flu and pneumonia vaccinations have been added; 7) respite services may be provided to Medicaid "waiver" clients up to 30 days annually. These respite services do not require a MED assessment for admission; 8) the "Notice of Consumer Transfer/Death" form has been revised and renamed in Appendix #2; 9) The definition of 67.01-20 "Problem Behavior" as used for the Medical Eligibility Determination (MED) form is revised to be consistent with the definitions used in the Minimum Data Set. A threshold score for problem behavior of a 2 or 3 in one of the four criteria and occurs at least 4 days per week, shall trigger the use of the Behavior Screen in the NF eligibility determination process; and 10) eligibility criteria 67.02-3(B)(1)(e) is revised to exclude nebulizers.
EFFECTIVE DATE: April 7, 1999
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5519 or 1-800-321-557 option I
DEAF/HARD OF HEARING TTY# 287-1828 or TTY# 1-800-423-4331


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Dear Hunting Seasons
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping
ADOPTED RULE NUMBER: 99-153
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted the framework for deer hunting season dates for future seasons statewide as follows:
A. Regular Deer Hunting Season: The open season for deer hunting shall be from the 4th Monday preceding Thanksgiving to the Saturday following Thanksgiving.
A-1. Archery Season: There shall be a special open season on deer starting at least 30 days prior to, and extending to the Friday preceding the Regular deer hunting season for the purpose of hunting with bow and arrow only.
A-2. Muzzleloading season: There shall be a special open season statewide on deer on the first six days after the regular deer hunting season for the purpose of hunting with a muzzleloading firearm. In Wildlife Management Districts 12, 13, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26 and 30, the season shall extend for an additional six days.
EFFECTIVE DATE: April 11, 1999
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201.


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