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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/624-7650
FAX 207/287-6545

April 18, 2001
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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Various Edits and Changes
PROPOSED RULE NUMBER: 2001-P109
CONCISE SUMMARY: Included in SSI- related rules: the net loss from self-employment can be deducted from other earnings; income-in-kind is no longer countable income; the annual limit on excluding earnings of a student is deleted. COLA disregards are applied to those in Cost Reimbursed Boarding Homes/Adult Family Care Homes and in Days Awaiting Placement for Residential Care.
Included in Family-related rules: deletes the requirement to comply with DSER while under Transitional Medicaid; for refugees, only income/assets available as of date of application (as opposed to projection over 6 months) is used; rules on self-employment income are made consistent with SSI-related rules.
For all coverage groups: income and assets are excluded for all Individual Development Account, not just those set up under TANF rules; clarifies what is a medical expense in determining a cost of care for Waivers or Nursing Home coverage.
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 18, 2001
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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 27, "Early Intervention Services."
PROPOSED RULE NUMBER: 2001-P110
CONCISE SUMMARY: This proposed rule updates the guidelines for the Early Intervention Program. Changes include: new definitions, deletion of obsolete terms; increased detail on covered and non-covered services, new information on policies and procedures governing service plan requirements, coordination of services, and standards for services; minor billing changes; and related minor editing changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 13173
PUBLIC HEARING:
Date: May 11, 2001
Time: 1:30 p.m.
Location: 1st Floor Conference Room, 35 Anthony Avenue, Augusta, Me.
DEADLINE FOR COMMENTS: May 21, 2001
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514
DEAF/HARD OF HEARING: 1-800-423-4331


ADOPTIONS

AGENCY: 02-298 - Department of Professional & Financial Regulation, Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 240, Standards of Professional Practice
ADOPTED RULE NUMBER: 2001-116
CONCISE SUMMARY: The amendment identifies the current edition of the standards of professional practice with which licensees shall comply.
EFFECTIVE DATE: April 10, 2001
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Administrator
ADDRESS: Department of Professional & Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 15, Rules for Superintendents and Assistant Superintendents of Pulling Events
ADOPTED RULE NUMBER: 2001-117
CONCISE SUMMARY: This Proposed Rule details all requirements necessary for an individual to become certified as a Pulling Events Superintendent or Assistant Pulling Events
Superintendent
EFFECTIVE DATE: April 10, 2001
AGENCY CONTACT PERSON: Chip Ridky, DVM, State Veterinarian
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: 207-287-7613


AGENCY: 99-420 - Maine Turnpike Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Governing the Use of the Maine Turnpike
ADOPTED RULE NUMBER: 2001-118
CONCISE SUMMARY: The Maine Turnpike Authority has amended its rules (1) to establish a 10 mile per hour speed zone in toll plaza areas because of both high vehicular traffic and high pedestrian traffic, and (2) to permit passing on the right as allowed under current state law for other Maine highways.
EFFECTIVE DATE: April 12, 2001
AGENCY CONTACT PERSON: Margaret Trueworthy, Secretary-Treasurer
AGENCY NAME: Maine Turnpike Authority
ADDRESS: 430 Riverside Street, Portland, ME 04103
TELEPHONE: (207) 871-7771


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 424, Lead Management Regulations
ADOPTED RULE NUMBER: 2001-119
CONCISE SUMMARY: The department proposed minor revisions to Ch. 424, Lead Management Regulations, to ensure consistency with a new federal rule, 24 CFR Part 35, HUD's Lead-Safe Housing Regulations, and to encourage the development of adequate capacity of lead professionals needed by Maine's Housing Programs to comply with this new federal rule. Other proposed revisions were intended to clarify certain requirements of this rule.
EFFECTIVE DATE: April 11, 2001
AGENCY CONTACT PERSON: Jamie Tansey
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7722


AGENCY: 17-229 - Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 104, Travel on State and State Aid Highways
ADOPTED RULE NUMBER: 2001-120
CONCISE SUMMARY This Rule is a brief statement affirming the basic right of all highway users to travel on all State and State Aid highways in Maine.
EFFECTIVE DATE: April 11, 2001
AGENCY CONTACT PERSON: Peter Coughlan
AGENCY NAME: Department of Transportation
ADDRESS: Division of Community Services, 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: (207) 287-2152


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering

CHAPTER NUMBER AND TITLE: Ch. 241, Subsurface Wastewater Disposal Rules
ADOPTED RULE NUMBER: 2001-131
CONCISE SUMMARY. The Department of Human Services has made revisions to clarify language and refine procedures in the current rules related to design and construction of onsite wastewater disposal systems.

CHAPTER NUMBER AND TITLE: Ch. 242, Rules for Conversion of Seasonal Dwelling Units Into Year-Round Residences in the Shoreland Zone
ADOPTED RULE NUMBER: 2001-132
CONCISE SUMMARY. These rules describe the requirements for conversion of seasonal dwelling units into year-round residences if the onsite sewage disposal system serving the structure is within the shoreland zone areas of major waterbodies/courses.

CHAPTER NUMBER AND TITLE: Ch. 243, Minimum Lot Size Rules
ADOPTED RULE NUMBER: 2001-133
CONCISE SUMMARY: These rules describe the requirements for minimum lot sizes and for waivers pursuant to the Minimum Lot Size Law, 12 MRSA 4807-D.

EFFECTIVE DATE: June 1, 2001
AGENCY CONTACT PERSON: James Jacobsen, Environmental Specialist IV, Wastewater & Plumbing Program
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 10, Augusta, ME 04333
TELEPHONE: 287-5695
TTY: 287-2070


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