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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 10, 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: 02-322 - State Board of Registration for Professional Engineers
RULE TITLE OR SUBJECT: Revise Rules of the State Board of Registration for Professional Engineers.
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, Me Dept 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: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 312, Amendment to Voluntary Renewable Research and Development Fund
PROPOSED RULE NUMBER: 2000-P83
CONCISE SUMMARY: We propose to amend our current Voluntary Renewable Resource Research and Development Fund rule in accordance with recent legislative changes made to the Restructuring Act.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 1301, 3203(9), and 3210(5)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 12, 2000
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-1396


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 806, Nonresident Individual Income Tax
PROPOSED RULE NUMBER: 2000-P84
CONCISE SUMMARY: Proposed changes are as follows:
1. Clarify that nonresident individuals who are members of a limited liability company that is taxed as a partnership and who had Maine-source income are subject to Maine income taxation.
2. Amend rule to agree with provisions of 36 MRSA 542(8).
3. Add a new section detailing calculation of income tax credits.
4. Add a paragraph regarding pension income and deferred compensation exempt from state income taxes under federal law.
5. Add a sentence stipulating that separate accounting may be used by married person filing as single individuals pursuant to 36 MRSA 5221(2) for tax additions and credits.
6. Make minor editorial changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: Title 36 MRSA 112
PUBLIC HEARING, None scheduled as yet.
DEADLINE FOR COMMENTS: July 12, 2000
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333 (207) 624-9681


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 13, Watercraft Regulations
PROPOSED RULE NUMBER: 2000-P85
CONCISE SUMMARY: In accordance with Title 12, MRSA, Sections 7035 and 7792, the Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule which would exempt registered Maine guides from having to provide customers with Type I Personal Flotation Devices required under the Commercial Carrying Passengers for Hire category. These businesses fall, more appropriately, under the category of Recreational, Pleasure or Rental, Lease or Charter for Non-commercial Uses which requires either a Type I, II, or III for each person plus one Type IV for watercraft 16 feet or longer. In addition, an amendment is being made to clarify that children 10 years of age and under must wear a PFD while the watercraft is underway.
STATUTORY AUTHORITY: 12 MRSA 7035, 7792
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 9, 2000
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles

RULE TITLE OR SUBJECT: Ch. 162, The Administration of the International Registration Plan
PROPOSED RULE NUMBER: 2000-P86
CONCISE SUMMARY: The purpose of this rule amendment is to include audit netting and fleet consolidation as well as update certain sections.
STATUTORY AUTHORITY: 29-A MRSA 531
PUBLIC HEARING The Bureau's Executive Conference Room at 101 Hospital St., Augusta on May 31, 2000 at 10:00 a.m.

RULE TITLE OR SUBJECT: Ch. 165, The Administration of the Maine International Fuel Tax Agreement (IFTA) and the Intrastate Fuel Tax Program (USER)
PROPOSED RULE NUMBER: 2000-P87
CONCISE SUMMARY: This rule is being amended to update and clarify certain points. It will also require intrastate licensees to carry and display a fuel tax license.
STATUTORY AUTHORITY: 29-A MRSA 525
PUBLIC HEARING The Bureau's Executive Conference Room at 101 Hospital St. Augusta on May 31, 2000 at 11:00 a.m.

RULE TITLE OR SUBJECT: Ch. 153, The Operation of Motor Intrastate Carriers of Passengers For Hire
PROPOSED RULE NUMBER: 9000-P89
CONCISE SUMMARY: The purpose of amending this rule is to allow for electronic filing of insurance and to do housekeeping changes
PUBLIC HEARING: At the Bureau's Executive Conference Room at 101 Hospital St., Augusta on May 31, 2000 at 2:00 p.m.

RULE TITLE OR SUBJECT: Ch. 154, The Operation of Motor Intrastate and Interstate Exempt Carriers of Property For Hire
PROPOSED RULE NUMBER: 2000-P88
CONCISE SUMMARY: The purpose of amending this rule is to allow for electronic filing of insurance and to do housekeeping changes.
PUBLIC HEARING At the Bureau's Executive Conference Room at 101 Hospital St., Augusta on May 31, 2000 at 2:30 p.m.

RULE TITLE OR SUBJECT: Ch. 163, The Administration of the Maine Single State Registration System For Interstate Commerce Commission (Federal Motor Carrier Safety Administration) Certificated Carriers of Property and Passengers
PROPOSED RULE NUMBER: 2000-P90
CONCISE SUMMARY: The purpose of amending this rule is to allow for electronic filing of insurance and to do housekeeping changes.
STATUTORY AUTHORITY: 29-A MRSA 551, 552
PUBLIC HEARING At the Bureau's Executive Conference Room at 101 Hospital St., Augusta on May 31, 2000 at 3:00 p.m.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR COMMENTS: June 12, 2000
AGENCY CONTACT PERSON Maurice J. Dionne Jr.
AGENCY NAME: Maine Bureau of Motor Vehicles
ADDRESS: Commercial Vehicle Division, 29 State House Station, Augusta, Me. 04333-0029
TELEPHONE: 207/624-9000 ext. 52127


ADOPTIONS

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

CHAPTER NUMBER AND TITLE: Ch. 242, Rules for Conversion of Seasonal Dwelling Units into Year-round Residences in the Shoreland Zone
ADOPTED RULE NUMBER: 2000-152
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: 2000-153
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.

CHAPTER NUMBER AND TITLE: Ch. 241, Subsurface Wastewater Disposal Rules
ADOPTED RULE NUMBER: 2000-154
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.

EFFECTIVE DATE: June 1, 2000
AGENCY CONTACT PERSON: James A. Jacobsen, Manager, Wastewater & Plumbing Program
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 10, Augusta ME 04333
TELEPHONE: (207) 287-5695
TTY (207) 287-2070


AGENCY: 16-153 - Maine Emergency Medical Services
CHAPTER NUMBER AND TITLE: Ch. 451, Maine Emergency Medical Services System Rules
ADOPTED RULE NUMBER: 2000-155
CONCISE SUMMARY: Changes have been made to: make the Rules consistent with recent changes in the Maine EMS Law and Maine EMS Protocols; establish a mechanism for simplifying the continuing education requirements for licensees; update minimum equipment requirements for EMS services; and to update licensing requirements for services.
EFFECTIVE DATE: July 1, 2000, as directed by the Board of EMS
AGENCY CONTACT PERSON: Drexell White
AGENCY NAME: Maine Emergency Medical Services
ADDRESS: 16 Edison Drive, Augusta, ME 04330
TELEPHONE: (207) 287-3953


AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 100, Enforcement and Forfeiture Procedures
ADOPTED RULE NUMBER: 2000-156
CONCISE SUMMARY: This Chapter provides for the establishment of a schedule of forfeitures for failure to file clinical, financial and restructuring data with the Maine Health Data Organization as required under 22 MRSA 8701 et seq. and 8705, failure to pay the annual assessment, and for willful failure to protect the disclosure of confidential and privileged data. The rule includes establishing forfeiture fee levels if filing deadlines are not met, if the submissions do not meet the established standards, if the assessment is not paid or if the identification of patients and practitioners is not protected.
EFFECTIVE DATE: May 1, 2000
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director
AGENCY NAME: Maine Health Data Organization
ADDRESS: Gardiner Annex - Northern Avenue, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 624-8655


AGENCY: 04-059 - Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 55, Sunken Log Salvage Rules
ADOPTED RULE NUMBER: 2000-157
CONCISE SUMMARY: These rules govern the salvage of sunken logs from publicly owned submerged lands. Title 12 MRSA 1867 affirms of the ownership of such logs by the State of Maine, and authorizes the Bureau of Parks and Lands to establish a program allowing salvage of these logs by the adoption of rules. The rules are aimed at ensuring that the removal of sunken logs from submerged lands does not unreasonably interfere with public trust rights and is accomplished in a publicly responsible and environmentally sound manner. The rules are also intended to ensure that the issuance of authorizations allowing this activity is orderly and fair, and that the administration of the program occurs in accordance with prudent business practices, including provision for adequate compensation to the state for private use of this resource.
EFFECTIVE DATE: May 2, 2000
AGENCY CONTACT PERSON: Will Johnston, Submerged Lands Supervisor
AGENCY NAME: Bureau of Parks and Lands
ADDRESS: 22 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4919


AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 7, Standards for Educational Programs in Nursing
ADOPTED RULE NUMBER: 2000-158
CONCISE SUMMARY: Redefines nursing faculty for purposes of clarification.
EFFECTIVE DATE: May 3, 2000
AGENCY CONTACT PERSON: Myra A. Broadway, Executive Director
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone Street, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF): Miscellaneous Policy Clarifications and Amendments
ADOPTED RULE NUMBER: 2000-159
CONCISE SUMMARY: This rule:
* adds an exception to the requirement of attending an orientation meeting.
* clarifies the date when individuals are added to assistance grants.
* clarifies when the enhanced disregards were in effect and who received them.
* adds presumptive eligibility determinations for TANF based on physical or mental incapacity.
* changes the effective date of assignment of child support to the first day of the first regular check.
* replaces the word "single" in item 1 with the word "only" to clarify that the ASPIRE exemption applies to a recipient who is the "only" parent or caretaker relative living with the child who receives TANF.
* clarifies that when a recipient who is the only custodial parent or caretaker relative of a child under 1 year old does not elect this exemption and chooses to participate in the ASPIRE-TANF Program, they must participate or be sanctioned.
* removes an example which becomes erroneous with the clarification change on page 38.
* clarifies that an ASPIRE sanction is the removal of an individual (not a family) from the grant for a certain period of time.
* clarifies that benefits do not have to be interrupted for a sanction to become effective.
* replaces the word "individual" in several places with the words "excluded stepparent" to clarify that the policy is specific to excluded stepparents.
* adds the words "transitional services" which were erroneously omitted from the last sentence of item d.
* renumbers page 13 to page 5.
* clarifies when a sanction for an intentional program violation begins, if a client signs a waiver to forfeit an administrative hearing.
* clarifies that court costs associated with evictions is an allowable expense paid under the category of Emergency Housing of the Emergency Assistance Program.
EFFECTIVE DATE: June 1, 2000
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 267, License Fees to Sell Nursery Stock
ADOPTED RULE NUMBER: 2000-160
CONCISE SUMMARY: This rule establishes license fees for the sale of nursery stock in Maine. Nursery license fees are currently established in statute. Establishing these fees in rule will provide the department with more flexibility if a fee change is needed in the future. Most of the fees within the Department of Agriculture are established by rule and this is a continuation of that practice. The proposed fees are identical to those currently in statute, so there will be no increased cost to the citizens of the state from the adoption of this rule.
EFFECTIVE DATE: May 3, 2000
AGENCY CONTACT PERSON: Ann Gibbs
AGENCY NAME: Maine Department of Agriculture, Food and Rural Resources
ADDRESS: 28 State House Station, Augusta, ME 04333
TELEPHONE: 207/287-3891


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 119, Motor Vehicle Fuel Volatility Limit (Amendments)
ADOPTED RULE NUMBER: 2000-173
CONCISE SUMMARY: The Department amended Chapter 119 to continue the use of 7.8 RVP fuel in York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Lincoln and Knox Counties. In addition, the Department has also amended this rule to clarify recordkeeping requirements.
EFFECTIVE DATE: June 1, 2000
AGENCY CONTACT PERSON:
NAME: Ronald Severance
ADDRESS: Bureau of Air Quality Control, Department of Environmental Protection, State House Station 17, Augusta, ME 04333

PHONE: 207/287-2437


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