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Weekly Rulemaking Notices Contact Us Find It

May 1, 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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #06-02
PROPOSED RULE NUMBER: 2002-P124
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 9:00 a.m., Monday, May 20, 2002, Room 319, Department Of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: May 20, 2002
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 14-191 - Department of Behavioral and Developmental Services
RULE TITLE OR SUBJECT: Ch. 40, Requirements for Funding Services
PROPOSED RULE NUMBER: 2002-P125
CONCISE SUMMARY: This rule establishes requirements regarding the utilization of other funding sources for services before State General Funds may be utilized.
If you are disabled or need special services to attend or testify at the hearing, please notify the Nancy Christensen by May 20, 2002.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-B MRSA 1231-33, 1409, 5003(2)(c), 5436, 6202
PUBLIC HEARING: May 20, 2002, 1-2 p.m., Conference Room 1, 2nd Floor, Marquardt Building, East Campus
DEADLINE FOR COMMENTS: May 30, 2002
AGENCY CONTACT PERSON: Nancy Christensen
AGENCY NAME: Department of Behavioral and Developmental Services
ADDRESS: 40 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7368 (V)
TTY: (207) 287-2000


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 360, Requirements Applicable To Preferred Provider Arrangements
PROPOSED RULE NUMBER: 2002-P126
CONCISE SUMMARY: The purpose of this Rule is to clarify the requirements applicable to preferred provider arrangements and to establish criteria for registration and approval of such arrangements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This Rule is promulgated by the Superintendent pursuant to 24-A MRSA 212 and 24-A MRSA Ch. 32 and 24-A MRSA Ch. 56-A, Subchapter III, 4343.
PUBLIC HEARING: May 24, 2002 @ 9:00 a.m. in the Kennebec Room of the Professional and Financial Regulation Building, 124 Northern Ave., Gardiner Maine.
DEADLINE FOR COMMENTS: June 3, 2002, 5:00 p.m.
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34 State House Station, Augusta ME 04333
TELEPHONE: (207) 624-8460


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Manual - Updated List of Exempt Geographic Areas for Work Requirements and Waived Areas for the Three (3) Month Time Limited Rule for ABAWDS.
ADOPTED RULE NUMBER: 2002-119
CONCISE SUMMARY: Food Stamp applicants and recipients who live in the following municipalities will now be exempt from work registration and the three (3) month time limited eligibility rules due to high unemployment rates in these areas. The unemployment rates in these municipalities have been at least twenty (20) percent higher than the national average for a recent twenty-four (24) month period. This list does not include areas already in policy as exempt. The municipalities are: Kingman Twp in Penobscot County and Ogunquit in York County. The following municipalities, by county, no longer meet the criteria for having a twenty (20) percent higher unemployment rate than the national average and their residents will no longer be exempt for this reason: Kennebec County - Litchfield, Oakland, Unity Township, Vassalboro, Waterville, Winslow, and Winthrop; Lincoln County - Whitefield; Waldo County - Brooks, Monroe, Prospect, and Unity; York County - Limerick and Parsonsfield.
In the proposed rule, the municipalities of Mt. Vernon in Kennebec County and Dixmont in Penobscot County were included in the municipalities to be excluded from the work registration and time limited rules. The Food and Nutrition Service has determined that these municipalities do not meet the criteria for this exemption. The Maine Department of Human Services will allow the Food Stamp clients in these areas to be exempt under the 15% exemption rule until such time as new policy is proposed and adopted to remove them from the geographic exemption. There will be no affect on clients as a result of this change from proposed policy.
EFFECTIVE DATE: April 24, 2002
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: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual, (formerly called Medical Assistance Manual): Ch. III, Section 14, Certified Family and Pediatric Nurse Practitioner Services.
ADOPTED RULE NUMBER: 2002-121
CONCISE SUMMARY: This final rule repeals Ch. III, Section 14, "Certified Family and Pediatric Nurse Practitioner Services." The name of Ch. II, Section 14 was changed from "Certified Family and Pediatric Nurse Practitioner Services" to "Advanced Practice Registered Nursing Services," effective 3/29/00. Advanced practice nurses were directed to bill in accordance with instructions contained in the MaineCare Benefits Manual, Ch. III, Section 90, "Physician Services" thereby rendering Ch. III, Section 14 obsolete.
EFFECTIVE DATE: April 28, 2002
AGENCY CONTACT PERSON:, Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 11 State House Station, 35 Anthony Avenue, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514 or at (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 9, Rules Governing Administrative Civil Money Penalties for Labor Law Violations
ADOPTED RULE NUMBER: 2002-122
CONCISE SUMMARY: The purpose of this chapter is to provide procedural guidance regarding the assessment of administrative civil money penalties for labor law violations.
EFFECTIVE DATE: May 24, 2002
AGENCY CONTACT PERSON: Michael V. Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6400


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE:
Ch. 25.94(2)(c), Lobster Management Zones, Zone C, and
Ch. 25.94(2)(d), Lobster Management Zones, Zone D
ADOPTED RULE NUMBER: 2002-123
CONCISE SUMMARY: The Commissioner has adopted a revised western boundary line for Zone C, and revised eastern boundary line for Zone D, to more accurately reflect historic fishing ground use in western Penobscot Bay. The new line begins at the Head of the Cape on Cape Rosier, Brooksville, then proceeds due southwesterly to the point 43 58.011' N Latitude, 68 58.023' W Longitude (intersecting LORAN lines 12707.5 and 25833). The boundary between Zone C and Zone D then separates and overlaps an area approximately 4 miles long and one mile wide. The boundaries rejoin at the point 43 55.285' N Latitude, 68 55.000' W Longitude (intersecting LORAN lines 12710 and 25810), then follow a common boundary line to the point 43 46.565' N Latitude, 68 59.298' W Longitude (intersecting LORAN lines 12794 and 25780). The boundary then separates by an area approximately 7 miles wide that tapers over 23 miles to rejoin at a common point that then follows a single line 180 magnetic to the Exclusive Economic Zone.
EFFECTIVE DATE: April 29, 2002
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584


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