Skip Maine state header navigation

Agencies | Online Services | Help

April 15, 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: 01-001 - Department of Agriculture, Food & Rural Resources

RULE TITLE OR SUBJECT: Ch. 226, Rules Governing the Administration of Certain Substances to Animals Entered in Pulling Competitions
PROPOSED RULE NUMBER: 98-P60
CONCISE SUMMARY: The Pulling Competition rule repeals the existing rule. Substantive language from existing rule in now in statute. The new rule outlines procedures for testing animals suspected of being drugged, the testing procedures, communications of results, and the hearing process.
STATUTORY AUTHORITY: 7 MRSA 74-A
PUBLIC HEARING: Tuesday, 5 May 1998 - 9-12 p.m., Department of Agriculture, Food & Rural Resources, Deering Building, Augusta, Maine 04333

RULE TITLE OR SUBJECT: Ch. 206, Prevention and Control of Certain Diseases of Domestic Animals and Poultry
PROPOSED RULE NUMBER: 98-P61
CONCISE SUMMARY: This rule updates importation rules and in-state health rules to reflect current disease concerns. The rule accepts a state's free status for importation where certain residency requirements are met, eliminating the requirement for testing.
STATUTORY AUTHORITY: 7 MRSA 1752 and 7 MRSA 1812.
PUBLIC HEARING: Tuesday, 5 May 1998 - 10-12 p.m., Department of Agriculture, Food & Rural Resources, Deering Building, Augusta, Maine 04333

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR COMMENTS: Friday, May 15, 1998
AGENCY CONTACT PERSON: Shelley Falk, Director of Animal Health & Industry
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 28 State House Station, Deering Building, Augusta, Maine 04333
TELEPHONE: 207-287-7610


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. (New), Utility Employee Transition Benefits
PROPOSED RULE NUMBER: 98-P71
CONCISE SUMMARY: This rule is initiated to establish the procedures investor-owned utilities will follow in offering employees transition benefits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A, M.R.S.A. 3202 - 3217
PUBLIC HEARING: None scheduled, but a hearing will be held if requested by five interested persons.
DEADLINE FOR COMMENTS: May 15, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence

RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Miscellaneous Policy
PROPOSED RULE NUMBER: 98-P72
CONCISE SUMMARY: This rule:
* allows an allocation from unearned income equal to the full need for the support of a stepparent.
* removes the obsolete language from Transitional Medicaid policy.
* clarifies that the Federal Poverty Level is used in the 185% test associated with Transitional Medicaid.
* corrects the length of time a former TANF/PaS recipient has to request Transitional Transportation.
* clarifies that earned income disregards are not applied for any month an individual is sanctioned for noncompliance of any TANF/PaS requirement.
* corrects typographical errors.

TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Increased TANF Benefits
PROPOSED RULE NUMBER: 98-P73
CONCISE SUMMARY: This policy proposes to:
* increase maximum TANF benefits for assistance units who do not receive the earned income disregard by 5% of the January 1, 1998 maximum payments beginning July 1, 1998;
* allow the assistance unit whose Special Needs (SN) housing payment would be reduced or terminated because of the 5% TANF benefit increase on July 1, 1998 to continue to receive their June 1998 SN payment until the next change in their household affects their benefit amount;
* change the name of the 185% pretest to gross income test.

RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Extending TANF Assistance Beyond 60 Months
PROPOSED RULE NUMBER: 98-P74
CONCISE SUMMARY: This policy adds the criteria a TANF assistance unit must meet to receive assistance beyond 60 months.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3762
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: May 15, 1998
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Service, Bureau of Family Independence, State House Station #11. Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Personal Needs Allowance in the BMR (Bureau of Mental Retardation) Home Based Waiver
PROPOSED RULE NUMBER: 98-P75
CONCISE SUMMARY: This change increases the monthly personal needs allowance in the BMR Waiver from the present $504 to 125% of the federal poverty level. This amount is excluded when determining the individual's cost of care for Waver services.
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 15, 1998
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 @:(207) 287-6948


AGENCY: 02-386 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Elevator and Tramway Safety
RULE TITLE OR SUBJECT:
Amendment to Ch. 1 - Definitions
Amendment to Ch. 2 - Rules for All Elevators, Manlifts and Escalators
Amendment to Ch. 3 - Rules for New Elevator Installations
New Ch. 7 - Rules for Lifts
Renumber Ch. 7 - Tramway Rules to become Ch. 8
Renumber Ch. 8 - Elevator Inspectors to become Ch. 9
New Ch. 10 - Lift Inspectors
Renumber Ch. 9 - Tramway Inspectors to become Ch. 11
Renumber Ch. 10 - Wire Rope Inspectors to become Ch. 12
Renumber Ch. 11 - Elevator Mechanics to become Ch. 13
New Ch. 14 - Lift Mechanics
Amendment to Ch. 12 - Fees and Renumber to Ch. 15
Renumber Ch. 13 - General Information to become Ch. 16
Renumber Ch. 14 - Complaints, Investigations and Adjudicatory Hearings to become Ch. 17
PROPOSED RULE NUMBER: 98-P76
CONCISE SUMMARY: This proposed rule amendment to Chapter 2 describes the frequency of elevator inspections and safety tests. The amendment to Chapter 3 removes sections of the ASME Code that the Board has adopted that apply to lifts as opposed to elevators and inserted these sections in Chapter 7 that describes the requirements for the construction, installation, maintenance, operation and inspection of lifts. The Board is proposing a new Chapter 10 and Chapter 14 to set forth the requirements for licensure of lift inspectors and lift mechanics. The proposed rule amendment to Chapter 12 (renumbered 15), Fees, increases the fees to be charged by the Board. The Board is currently in a deficit situation and has insufficient incoming revenue to pay its obligations when they come due.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 M.R.S.A., c. 133 15206
PUBLIC HEARING: Monday, May 11, 1998, 9:00 a.m., Board Room, Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: MAY 21, 1998
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


ADOPTIONS

AGENCY: 10-148 - Maine Department of Human Services, Auditing, Contracting and Licensing Service Center
CHAPTER NUMBER AND TITLE: Ch. 18, Sec. 6.D., Rules for the Licensure of Residential Child Care Facilities
ADOPTED RULE NUMBER: 98-124
CONCISE SUMMARY: These rules are to establish standards for the operation, delivery of services and the monitoring of Residential Treatment facilities with secure capacity. These children's homes will provide mental health intensive treatment programs to children whose diagnostic assessment indicates that the persistent pattern of the child's mental health presents a likely threat of harm to self or others and requires treatment in a setting that prevents the child from leaving the program.
EFFECTIVE DATE: March 10, 1998
AGENCY CONTACT PERSON: Sandy Dearborn
AGENCY NAME: Dept. of Human Services, ACL Service Center
ADDRESS: State House Station #11, Augusta, Maine 04333
TELEPHONE: (207) 287-5060


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources, Office of Agricultural, Natural & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 600, Rules Regarding the Disposal of Cull Potatoes
ADOPTED RULE NUMBER: 98-163
CONCISE SUMMARY: This Rule makes the "Emergency Rule Regarding the Disposal of Cull Potatoes," adopted in 1997, a permanent Rule. It does not make any substantive changes from the Emergency Rule but does include Best Management Practices for Cull Potato disposal which are referenced in the Emergency Rule. The Rule stipulates that cull potatoes must be disposed of according to the BMPs between June 10 and October 1 of each year to prevent the spread of disease. The Commissioner of the Department of Agriculture, Food & Rural Resources has the authority to inspect farms to ensure that proper disposal has taken place. If cull potatoes are found which have not been properly disposed of the Commissioner has the authority to dispose of them.
EFFECTIVE DATE: April 7, 1998
AGENCY CONTACT PERSON:
NAME: Peter N. Mosher, Director
ADDRESS: Office of Agricultural, Natural and Rural Resources, 28 State House Station Augusta, Maine 04333
PHONE NUMBER: 287-1132


AGENCY: 06 096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 121, Emission Limitations and Emission Testing of Resource Recovery Facilities & Maine's 111(d) MWC State Plan for Large Facilities
ADOPTED RULE NUMBER: 98-164
CONCISE SUMMARY: This rule incorporates federal Clean Air Act requirements for maximum available control technology to limit toxic air emissions from municipal waste combustion. It incorporates a stringent emission limit for mercury emission in Maine beyond that set by the federal standards.
EFFECTIVE DATE: April 7, 1998
AGENCY CONTACT PERSON: Deb Avalone-King
AGENCY NAME: Bureau of Air Quality
ADDRESS: 17 State House, Augusta, Me 04333-0017
TELEPHONE: 207-287-2437


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 424, Lead Management Regulations
ADOPTED RULE NUMBER: 98-166
CONCISE SUMMARY: This chapter contains procedures and requirements for the certification and licensing of persons engaged in residential lead-based paint activities, work practice standards for performing such activities, licensing of lead training providers and accreditation of lead training programs. This chapter requires that in residential dwellings and child-occupied facilities, except as specifically exempted, all lead inspections, risk assessments, lead abatement designs, lead abatement activities, and other services related to lead-based paint such as lead screening, lead determinations, and deleading be performed in residential dwellings and child-occupied facilities only by individuals and firms certified or licensed pursuant to this chapter. This chapter also sets standards and procedures for establishing the lead-safe status of residential dwellings and child-occupied facilities.
EFFECTIVE DATE: April 13, 1998
AGENCY CONTACT PERSON: Carole Cifrino
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207)287-7720


Return to the Online Rules Home Page.

Return to the APA Home Page.

Return to the Division of Rules, Commissions and Administration Home Page.

Return to the Bureau of Corporations, Elections and Commissions Home Page.

Return to the Department of the Secretary of State Home Page.