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April 24, 2002
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: 02-392 - Department of Professional and Financial Regulation, Board of Pharmacy
RULE TITLE OR SUBJECT:
Repeal the following chapter:
Ch. 1, Computer Regulations
Replace the above chapter being repealed with the following:
Ch. 1, Definitions
Repeal the following chapter:
Ch. 9, Out of State Mail Order Drug Companies
Replace the above chapter being repealed with the following:
Ch. 9, Out of State Mail Order Prescription Pharmacy and Contact Lens Supplier
Amend the following chapters:
Ch. 10, General Rules
Ch. 17, Registration of Pharmacy Technicians
Enact new chapters:
Ch. 19, Prescription drug orders, prescription transfers, automated pharmacy systems, and central filling stations
Ch. 20, Issuance of Citations with Appendix A
Ch. 21, Unprofessional conduct
PROPOSED RULE NUMBER: 2002-P91
CONCISE SUMMARY: These proposed rules will: 1] identify and clarify certain terms used by this profession; 2] specify the manner in which automated pharmacy systems shall operate relative to storage, packaging, labeling, dispensing or distribution of medications; 3] set standards for electronic systems that collect, control and maintain transactional drug and patient information; 4] set standards for the transmission of information in electronic form; 5] amend chapter 10 rules to repeal provisions regarding technology and unprofessional conduct that have been moved to another chapter; 6] amend chapter 17 rules to allow pharmacy technicians to accept original telephone prescriptions orders in accordance with proposals in chapter 1; 7] establish the issuance of citations by inspectors; 8] establish a new chapter devoted to unprofessional conduct in the practice of pharmacy. This chapter is a composite of existing rules and expansion of unprofessional conduct; and 9] amend current rules for registering out of state mail order prescription pharmacies and establish rules for registering out of state mail order contact lens suppliers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 10 MRSA 8003(3) and (5), 8003-E, and 32 MRSA 13720, 13721, 13722, 13723, 13751, 13752.
PUBLIC HEARING: May 14, 2002, 8:30 a.m., Maine Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: Received by the close of business at 5:00 p.m. on Monday, May 27, 2002
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8620


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 140, Part 70 Air Emission License Regulations (Amendments)
PROPOSED RULE NUMBER: 2002-P112
CONCISE SUMMARY: The Department is proposing to amend Ch. 140 of the Department's regulations to incorporate changes to the federal 112(j) (MACT) program. The proposed amendments will allow major HAP sources to submit required MACT determination information in two parts. The Part 1 MACT application will require general information about the source and its emission points and will be due on May 15, 2002. The Part 2 MACT application, due 24 months later, will require detailed information on the source, its emission sources and on the control technologies available for these emission points.
Copies of these rules are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585 and 585-A
PUBLIC HEARING: May 16, 2002, 1:30 p.m., Holiday Inn, Augusta Maine
DEADLINE FOR COMMENTS: May 28, 2002
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 03-201 - Department of Corrections

CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: subsection 20.2, Drug and Alcohol Testing of Adult Clients
PROPOSED RULE NUMBER: 2002-P113
CONCISE SUMMARY: The Maine Department of Corrections is proposing to revise the existing policy, procedures, and rules for Drug and Alcohol Testing of Adult Clients to reflect organizational and operational changes.

CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: subsection 15.4, Drug and Alcohol Testing of Juvenile Clients
PROPOSED RULE NUMBER: 2002-P114
CONCISE SUMMARY: The Maine Department of Corrections is proposing to revise the existing policy, procedures, and rules for Drug and Alcohol Testing of Juvenile Clients to reflect organizational and operational changes.

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 34-A MRSA, 3036-A
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 29, 2002
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4384


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 14, Commercial Whitewater Rafting
PROPOSED RULE NUMBER: 2002-P115
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 2002; (2) establish the allocated Sundays (in addition to the allocated days and periods in statute) for the West Branch of the Penobscot River for 2002; and (3) amend the rule to clarify that medical kits must be in good and serviceable condition; that training runs during whitewater guide training courses must be conducted in whitewater craft that will be used to transport passengers; and repeal the requirement that applicants must have had a physical examination within the previous 12 months and submit a health record on forms provided by the Department.
A copy of the proposal may be obtained from the Agency Contact Person.
STATUTORY AUTHORITY: 12 MRSA 7035, 7367, 7369
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 24, 2002
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 043330-0041
TELEPHONE: (207) 287-5201.


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Antlerless Deer Hunting Restrictions
PROPOSED RULE NUMBER: 2002-P116
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 2002 regular and special muzzleloading deer hunting seasons. This proposal will establish specific permit allocations for the 30 Wildlife Management Districts (WMD) as follows:

WMD 1 - 0 permits
WMD 2 - 0 permits
WMD 3 - 0 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 0 permits
WMD 7 - 150 permits
WMD 8 - 350 permits
WMD 9 - 100 permits
WMD 10 - 300 permits
WMD 11 - 250 permits
WMD 12 - 1,250 permits
WMD 13 - 1,600 permits
WMD 14 - 300 permits
WMD 15 - 3,450 permits
WMD 16 - 7,200 permits
WMD 17 - 13,350 permits
WMD 18 - 300 permits
WMD 19 - 0 permits
WMD 20 - 3,850 permits
WMD 21 - 5,250 permits
WMD 22 - 6,900 permits
WMD 23 - 18,150 permits
WMD 24 - 3,400 permits
WMD 25 - 4,450 permits
WMD 26 - 4,900 permits
WMD 27 - 200 permits
WMD 28 - 0 permits
WMD 29 - 25 permits
WMD 30 - 850 permits
TOTAL - 76,575
STATUTORY AUTHORITY: 12 MRSA 7035, 7457
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 24, 2002
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov.

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Snapping Turtles
PROPOSED RULE NUMBER: 2002-P117
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing to amend regulations regarding the commercial harvest of snapping turtles as follows: Set season dates; establish reporting requirements; establish length limits and set the fee for a permit. A complete copy of the proposal may be obtained from the agency contact person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035 and 7470
PUBLIC HEARING: May 13, 2002, Pine Tree State Arboretum, 153 Hospital Street, Augusta, ME, 6:30 p.m.
DEADLINE FOR COMMENTS: May 23, 2002
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Deer Hunting
PROPOSED RULE NUMBER: 2002-P118
CONCISE SUMMARY: The commissioner of Inland Fisheries and Wildlife has been given the statutory authority to establish a youth deer hunting day, by rule. The commissioner proposes to establish October 26, 2002 as the deer hunting day for youth between 10 years of age or older and under 16 years of age who possess a junior hunting license to hunt deer under the supervision of a parent, guardian or qualified adult, as specified in Title 12 MRSA Section 7101. On this day, one deer of either sex may be taken by with a firearm or bow and arrow. This deer may be in addition to any other bag limits for other open deer hunting seasons if that person possesses a bonus deer permit or an expanded archery license. The parent or guardian accompanying the youth shall not possess a firearm.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035, 7457
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 24, 2002
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey Hunting Season
PROPOSED RULE NUMBER: 2002-P119
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule amending the wild turkey hunting season as follows: Establishing a fall turkey hunting season occurring in WMDs 15, 16, 20, 21, 22, 23, 24, 25, and 26 from October 21, 2002 through November 1, 2002. Any person who possesses an archery license as provided in 12 MRSA Section 7102-A, may purchase a wild turkey hunting permit to hunting during this fall season. The bag limit during this season is 1 wild turkey of either sex and any age per permit holder. Only bow and arrow may be used to hunt wild turkey during this season. This rule also proposes to authorize landowners who meet established criteria to hunt wild turkeys on their own land without a permit. A detailed copy of the proposed rule may be obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA 7035, 7468
PUBLIC HEARING: May 13, 2002, Pine Tree State Arboretum, 153 Hospital Street, Augusta, ME - 6:30 p.m.
DEADLINE FOR COMMENTS: May 24, 2002
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - (1) Governor Baxter Compensation (2) Ricky Ray Act (3) Other Edits and Clarifications
PROPOSED RULE NUMBER: 2002-P120
CONCISE SUMMARY: This rule authorizes 2 exclusions to income and assets: Governor Baxter Compensation and payments under the Ricky Ray Act. Also, included are edits and clarifications of existing rules.
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 27, 2002
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Removes the Disqualification for Those Individuals Who Have Been Convicted of a Drug Related Felony
PROPOSED RULE NUMBER: 2002-P121
CONCISE SUMMARY: Per federal welfare reform in August 1996, individuals who were convicted of a drug related felony for activity occurring after August 22, 1996 are ineligible for Food Stamps unless a state enacts legislation which removes this disqualification for such individuals residing in their state. The 120th Maine Legislature has enacted such a law. Effective with this rule, there will be no disqualification in Maine's Food Stamp Program based upon a drug related felony.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING:, None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS:
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 16-219 - Office of State Fire Marshal
RULE TITLE OR SUBJECT: Ch. 28, Rules Governing Operations of Amusement Devices and Midways
PROPOSED RULE NUMBER: 2002-P122
CONCISE SUMMARY: This chapter establishes rules and regulations for the condition and operation of such facilities and activities for life safety purposes. In addition, this rule establishes that an amusement device may not exhibit in this State without first furnishing the Commissioner of Public Safety, in an amount to be determined by the commissioner, a certificate of public liability insurance.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA 502
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 24, 2002
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, MEE 04333-0052
TELEPHONE: (207) 624-8963


AGENCY: 18-554 - Department of Administrative and Financial Services, Bureau of General Services, Division of Purchases
RULE TITLE OR SUBJECT: Ch. 130, Governing Implementation of the State Purchasing Code of Conduct for Suppliers of Apparel, Footwear or Textiles.
PROPOSED RULE NUMBER: 2002-P123
CONCISE SUMMARY: The Department of Administrative and Financial Services is required by statute (5 MRSA 1825-0) to adopt rules to implement the State Purchasing Code of Conduct for Suppliers of Apparel, Footwear or Textiles. The Director of Purchases is required to seek a signed affidavit committing each bidder to compliance with the code from offering to provide apparel, footwear or textiles. Each bidder will also be required to furnish information with a competitive bid for items of apparel, footwear or textiles. This information will include disclosure of the source of supply by name and address for the items being offered for sale and an affirmative commitment that the supplier is in compliance with the code of conduct. The rule will set out appeal procedures related to awards and other actions available to the Director.
THE RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 1825 -0
PUBLIC HEARING: May 13, 2002, 1:00 p.m., Room 107, Burton M. Cross Building, 111 Sewall Street, Augusta, Maine 04333.
DEADLINE FOR PUBLIC COMMENTS: May 23, 2002
AGENCY CONTACT PERSON: Richard B. Thompson, Bureau of General Services, Division of Purchases, 9 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-7332


ADOPTIONS

AGENCY: 05-071 - Department of Education/State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 115, Part 1, Section 14 entitled "Auxiliary Personnel"
ADOPTED RULE NUMBER: 2002-113
CONCISE SUMMARY: Title 20-A MRSA 13023(2) required rule changes that allowed acceptance of credits for completion of a Department of Labor educational technician apprenticeship program. Currently, an educational technician must receive an Associate's Degree from KVTC in order to receive credit for having completed the program. The rule changes would allow for acceptance of the credits for having completed the program, whether or not the person receives an Associate's Degree towards a level II or level III authorization.
EFFECTWE DATE: April 16, 2002
AGENCY CONTACT PERSON: Nancy T. Ibarguen
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6603
TDD: (207) 624-6800


AGENCY: 10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 274, Immunization Information System (IIS) Rules
ADOPTED RULE NUMBER: 2002-114
CONCISE SUMMARY: The Immunization Information system is intended to be a repository for accurate and up to date immunization records for all persons born, residing, or receiving vaccine in the State of Maine. The primary purpose of the system is to collect data related to vaccine administration, and to promote effective and cost efficient prevention of vaccine preventable diseases. Administration of the system shall be performed by the Department's Immunization Program.
EFFECTIVE DATE: April 16, 2002
AGENCY CONTACT PERSON: Lisa Tuttle, Director, Maine Immunization Program
AGENCY NAME: Department of Human Services, Bureau of Health
ADDRESS: 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-3746


AGENCY: 10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 264, Immunization Requirements for Health-care Workers
ADOPTED RULE NUMBER: 2002-115
CONCISE SUMMARY: This rule is issued by the Commissioner of the Department of Human Services to implement the provisions of the statute governing immunization requirements for hospital/health facility personnel. It prescribes the dosage for required immunizations and defines responsibilities, exclusion periods, record keeping and reporting requirements for officials of hospitals and health facilities.
EFFECTIVE DATE: April 16, 2002
AGENCY CONTACT PERSON: Lisa Tuttle, Director, Maine Immunization Program
AGENCY NAME: Department of Human Services, Bureau of Health
ADDRESS: 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-3746


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 395, Construction Standards and Ownership and Cost Allocation Rules for Electric Distribution Line Extensions
ADOPTED RULE NUMBER: 2002-116
CONCISE SUMMARY: This chapter establishes the requirements for persons who construct electric distribution line extensions, including the development and approval of construction standards, qualifications to perform tasks associated with building line extensions, and dispute resolution procedures. In addition, it governs the ownership of electric distribution line extensions and the method for reapportioning construction costs among customers who receive service from them.
EFFECTIVE DATE: May 12, 2002
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-1396


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF) - Updating the Federal Poverty Level Income Guidelines 59-A
ADOPTED RULE NUMBER: 2002-118
CONCISE SUMMARY: This rule adopts the increases in the Federal Poverty level income guidelines. The income guidelines affect eligibility for Emergency Assistance and Transitional Transportation benefits.
EFFECTIVE DATE: April 22, 2002
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


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