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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

May 3, 2000
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: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 14, Commercial Whitewater Rafting
PROPOSED RULE NUMBER: 2000-P78
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 2000; (2) establish the allocated Sundays (in addition to the allocated days and periods in statute) for the West Branch of the Penobscot River for 2000; (3) define "commercial passenger" and "multiple trip" within the rule, and (4) require that outfitters report daily numbers of commercial passengers participating in multiple trips on the Penobscot River. 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: June 2,2000
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 043330-0041
TELEPHONE: 287-5201


AGENCY: 02-322 - Department of Professional and Financial Regulation, State Board of Registration for Professional Engineers
RULE TITLE OR SUBJECT: All chapters
PROPOSED RULE NUMBER: 2000-P79
CONCISE SUMMARY: The Rules are revised to be consistent with the present Statute which became effective in September 1999. The Rules have been modified to eliminate wording that is redundant with the law. The duties of the Secretary have been redefined and a position of Administrative Office Manager established. A temporary license procedure is established.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 1306(2)
PUBLIC HEARINGS:
May 24, 2000 @ 7:00 p.m., Conference Room, Maine Department of Transportation, Hogan Road, Bangor, Maine
May 31, 2000 @ 7:00 p.m., Verrillo's, 155 Riverside (Exit 8, Me Turnpike), Portland, Maine
DEADLINE FOR COMMENTS: June 12, 2000
AGENCY CONTACT PERSON: Herbert R. Doten
AGENCY NAME: State Board of Registration for Professional Engineers
ADDRESS: 92 State House Station, Augusta, ME 04333-0092
TELEPHONE: 207 287 3236


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 594, State Contribution to Overboard Discharge Replacement Projects
PROPOSED RULE NUMBER: 2000-P80
CONCISE SUMMARY: This proposed amendment to the existing Chapter 594 rule contains changes to make the rule consistent with a recent amendment to 38 MRSA 411-A, sub-2, Paragraph C. The amendment to the law allows grant funding to be increased from 25% to 50% for removal of a seasonal residential overboard discharge if the Commissioner of Marine Resources certifies that the project is likely to result in the opening of a shellfish harvesting area that is closed. All other seasonal residences will remain at the current 25% grant funding level. The current funding level of 90% for year-round residences and 50% for commercial establishments will also remain unchanged. The rule changes made to bring the rule into compliance with the amendment to the law are shown in Section 2, Funding, on page 2 of the rule and resulted in the elimination of all specific funding percentages in Section 2 of the rule and retaining the statement that funding will be in accordance with 38 MRSA 411-A. This approach will eliminate redundancy of information and will also eliminate the need for a rule change each time the funding formula in the law is amended in the future. The remaining changes shown in the proposed rule resulted from required formatting changes, minor clarifications, and elimination of a few parts that contain information that is no longer applicable to the rule and the grant program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: General authority under 38 MRSA 341-D(1-B) and 411-A
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 5, 2000, 5:00 p.m.
AGENCY CONTACT PERSON: David P. Achorn
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: 207-287-7766


AGENCY: 14-188 - Department of Mental Health, Mental Retardation, and Substance Abuse Services, Office of Substance Abuse
RULE TITLE OR SUBJECT: Ch. 4, Regulations for Licensing/Certifying of Alcohol and Drug Treatment Programs in the State of Maine, section 4.04 K
PROPOSED RULE NUMBER: 2000-P81
CONCISE SUMMARY: The revisions comply with statute effective May 11, 1999 which requires that the Office of Substance Abuse adopt rules regarding alcohol and drug treatment programs to allow program staffing and supervision by personnel professionally qualified and experienced in alcohol and drug abuse treatment and to eliminate the requirement that personnel be qualified as on particular type of alcohol and drug abuse professional.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 20005 & 20024
PUBLIC HEARING: May 24, 2000, 9:00 a.m. to 12:00 noon, Office of Substance Abuse - Large Conference Room, Marquardt Building - AMHI Complex - 3rd Floor, Augusta, ME
DEADLINE FOR COMMENTS: June 5, 2000 5:00 p.m.
AGENCY CONTACT PERSON: Paul M. MacFarland, Treatment Specialist
AGENCY NAME: Office of Substance Abuse
ADDRESS: Marquardt Building, AMHI Complex, 3rd Floor, 159 State House Station, Augusta, ME 04333-0159
TELEPHONE: (207)287-2595


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 62, Genetic Testing and Clinical Genetic Services
PROPOSED RULE NUMBER: 2000-P82
CONCISE SUMMARY: This proposed rule titled Genetic Testing and Clinical Genetic Services, when adopted, will repeal and replace the existing rule by the same rule number and section titled Molecular Testing. This proposed rule adds genetic evaluation, testing and counseling as covered Medicaid services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: May 24, 2000, 1:00 p.m.
Location: Department of Human Services, 1st floor conference room, 35 Anthony Avenue, Augusta, Maine.
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before May 10, 2000.
DEADLINE FOR COMMENTS: June 7, 2000
AGENCY CONTACT PERSON: Kip Neale, Comprehensive Health Planner
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333
TELEPHONE: 207-624-5516
TTY: 1-800-423-4331 or 207-287-1828 (Deaf or Hard of Hearing)


ADOPTIONS

AGENCY: 17-229 - Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 305, Rules and Regulations Pertaining to Traffic Movement Permits
ADOPTED RULE NUMBER: 2000-147
CONCISE SUMMARY: This rule defines the guidelines by which a development, which generates more than 100 Passenger Car Equivalents (PCE) during peak hour generator, must abide, to receive a Traffic Movement Permit. The developer must apply to the Division Traffic Engineer in the area with jurisdiction over the project. The developer then submits the application (with plans stamped or sealed by both a registered Professional Engineer and a Registered Land Surveyor), after the application has been deemed complete, a scoping meeting is set up to determine the scope of the project. Depending on the amount of trips generated (100-200 1 CE's or Over 200 PCE's) a permit could be issued with no further requirements or the applicant may be required to do a traffic study as defined at the scoping meeting.
EFFECTIVE DATE: April 25, 2000
AGENCY CONTACT PERSON: Stephen Landry
AGENCY NAME: Department of Transportation
ADDRESS: Traffic Engineering, 16 State House Station, Augusta, ME 04333
TELEPHONE: 287-3775


AGENCY: 14-118 - Department of Mental Health, Mental Retardation, and Substance Abuse Services, Office of Substance Abuse
CHAPTER NUMBER AND TITLE: Ch. 4, Regulations for Licensing/Certifying of Alcohol and Drug Treatment Programs in the State of Maine, section 4.04 K
ADOPTED RULE NUMBER: 2000-148
CONCISE SUMMARY: The revisions comply with statute effective May 11, 1999 which requires that the, Office of Substance Abuse adopt rules regarding alcohol and drug treatment programs to allow program staffing, and supervision by personnel professionally qualified and experienced in alcohol and drug abuse treatment and to eliminate the requirement that personnel be qualified as on particular type of alcohol and drug, abuse professional.
EFFECTIVE DATE: April 24, 2000
AGENCY CONTACT PERSON: Paul M. MacFarland, Treatment Specialist
AGENCY NAME: Office of Substance Abuse
ADDRESS: Marquardt Building, AMHI Complex, 3rd Floor, 159 State House Station, Augusta, ME 04333-0159
TELEPHONE: (207) 287-2595


AGENCY: 10-149 - Department of Human Services, Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder and Adult Services Policy Manual
ADOPTED RULE NUMBER: 2000-115 and 2000-149
CONCISE SUMMARY: These rules amend the consumer co-payment provisions in the Bureau of Elder and Adult Services Policy Manual in Sections 61 - Adult Day Services; 62 - Congregate Housing Services; 63 - In-home and Community Support Services for Elderly and Other Adults; 68 -- Respite Care for People with Alzheimer's or Related Disorders; 69 - BEAS Administered Homemaker Services; and 73 - Personal Care Assistance for Severely Physically Disabled Adults. They replace the emergency rules adopted and effective on February 1, 2000, and were approved by the Committee on Health and Human Services after a hearing on April 3rd on LD 2659, Resolve, Regarding Legislative Review of Portions of Sections 61, 62, 63, 68, 69, and 73 of 10-149, Chapter 5, Bureau of Elder and Adult Services Policy Manual, a Major Substantive Rule of the Department of Human Services. LD 2659 has been enacted and signed by the Governor and is now PL 99 Resolve 118.
EFFECTIVE DATE: Some changes to 63.02(C), 69(G), 73.02(C) and 74.05 were effective March 29, 2000. The sections which are considered a major-substantive rule will be effective May 21, 2000
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5335
TOLL FREE: 1 (800) 262-2232
TOLL FREE TTY: 1 (888) 720-1925


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