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May 15, 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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Address Confidentiality Program
PROPOSED RULE NUMBER: 2002-P130
CONCISE SUMMARY: The 120th Maine Legislature has enacted a law creating an Address Confidentiality Program (ACP) to be administered by the Secretary of State's Office. The program will provide address confidentiality for victims of domestic violence, stalking or sexual abuse and requires state and local agencies and the courts to accept a designated address as the program participants' address when creating a public record. This rule implements this provision for the Food Stamp Program. By being a certified participant in this program, Food Stamp recipients are alerted to the fact that timely decisions and notices will be mailed to the designated address and, as the ACP is a mail forwarding service, the participants may experience delays in the receipt of decisions, notices, and benefits,
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: June 7, 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: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2002-P131
CONCISE SUMMARY: The amendment to Ch. 10 will adjust fees for the Real Estate Commission. The proposed amendment replaces examination fees with a fee to be set by contract with the examination vendor and repeals the continuing education roster recording fee and the license certification fee.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 8003(2-A)(D)
PUBLIC HEARING: Thursday, June 6, 2002- 10:00 a.m., Kennebec Room, Department of Professional & Financial Regulation, 122-124 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: June 17, 2002
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney
AGENCY NAME: Office of Licensing & Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8615


AGENCY: 02-039 - Department of Professional & Financial Regulation, Real Estate Commission
RULE TITLE OR SUBJECT:
Ch. 330, Minimum Standards of Practice
Ch. 360, Prerequisites to Licensure by Individuals
Ch. 370, Continuing Education
Ch. 380, Fees
Ch. 390, Licensing Procedures & Requirements
PROPOSED RULE NUMBER: 2002-P132
CONCISE SUMMARY: The amendment to Ch. 330 will eliminate the requirement of a licensee to disclose to another licensee the agency relationship at the time of first contact, and will delete the existing requirement for disclosure of insulation information and replace it with a disclosure requirement about heating. The amendment to Ch. 360 will add a requirement of including a final course examination and answer key when applying for approval for an education course, and delete the section defining examinations. The amendment to Ch. 370 will define a distance education course, delete a waiver of an application fee, delete a requirement for sponsors to submit lists of licensees completing a course and replacing it with a requirement for sponsors to give licensees a certificate of completion, and delete the restriction about repeating a course within a 4 year period. The amendment to Ch. 380 will delete the chapter. The amendment to Ch. 390 will delete references to license examinations.
THESE RULES WIILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA c.114 13065
PUBLIC HEARING: Thursday, June 6, 2002 - 9:00 a.m., Kennebec Room, Department of Professional & Financial Regulation, 122-124 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: June 17, 2002
AGENCY CONTACT PERSON: Carol J. Leighton, Director
AGENCY NAME: Real Estate Commission
ADDRESS: Department of Professional & Financial Regulation, Office of Licensing & Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8520


AGENCY: 02-582 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Propane and Natural Gas Board
RULE TITLE OR SUBJECT: Amend Ch. 5, Installation Standards
PROPOSED RULE NUMBER: 2002-P133
CONCISE SUMMARY: The proposed rules adopt the most recent editions of the National Fire Protection Association guidelines and ASME CSD-1 for the installation and servicing of any propane and natural gas equipment in the State of Maine. The Board is proposing to adopt NFPA #58, 2001 edition with an exception to Section 2.2.1.5 by setting forth a "phase in" period for the recertification of Department of Transportation cylinders 100 lb. capacity and larger filled at a customer's location.
THE PROPOSED RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 14804(L)
PUBLIC HEARING: Monday, June 3, 2002, 9:30 a.m., Department of Professional and Financial Regulation, Central Conference Room, Gardiner Annex, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: June 17, 2002
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.07, Sea Urchin Harvesting Season 2002-2003
PROPOSED RULE NUMBER: 2002-P134
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, 6171-A and 6749, this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 and Zone 2 for 2002-2003. The Sea Urchin Zone Council recommended this season, which would have the same number of total days as the 2001-2002 season, or 94 days. This proposed regulation would also re-establish the choice of two separate seasons for Zone 2 harvesters as authorized by 12 MRSA 6749. The original summary text would also be removed as a technical clean up of the regulation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171, 6171-A, and 6749
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, June 14, 2002
AGENCY CONTACT PERSON: Margaret Hunter
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9600
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 30.02, Taking of alewives from Walker's Brook
Ch. 55.15, Fishing in the Bagaduce River Upstream of the North Brooksville Sedgwick Bridge
PROPOSED RULE NUMBER: 2002-P135
CONCISE SUMMARY: The proposed regulations will adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules closing the waters that run between Walker Pond and the Bagaduce River in Brooksville to the taking of alewives by any method, to assure adequate spawning escapement and prevent overfishing. The Walker Pond " pygmy" alewife run is very small this year and even limited fishing may negatively impact the survival of this stock. The Area 1A herring fishery closure between April 26 and June 1 may result in increased fishing pressure on the alewive fishery due to a lack of fresh herring during the month of May. These regulations are also proposed to repromulgate regulations enacted prior to the Administrative Procedure Act of 1979 in accordance with that Act.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
Statutory AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, June 14, 2002
AGENCY CONTACT PERSON: Tom Squiers
AGENCY NAME: Department of Marine Resources
Mail written comments to: attn: Laurice U. Churchill
ADDRESS: PO Box 8 West, Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 624-6550
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 95-592 - Small Enterprise Growth Board
RULE TITLE OR SUBJECT: Ch. 701, Small Enterprise Growth Board
PROPOSED RULE NUMBER: 2002-P136
CONCISE SUMMARY: The rule amendment implements the legislative changes enacted by PL 2001, Ch. 541. The changes allow the fund to benefit from previous investments by making subsequent investments in previous recipients that have grown so they have sales and employees in excess of the maximums allowed for an initial investment. It also allows the Board to make investments in any one business up to 10% of the loan fund. The rule amendment also uses the term investments, in place of disbursements, to better reflect the activity of the program. The amendment adds the definition of a fund manager and defines some of the responsibilities of the fund manager.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:
PUBLIC HEARING: June 3, 2002, 9:30 a.m., 5 Community Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: Written comments are requested on or before June 3, 2002, but will be accepted on or before June 17, 2002. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, Counsel to the Board, c/o Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


AGENCY: 02-032 - Department of Professional & Financial Regulation, Office of Securities
RULE TITLE OR SUBJECT: Ch. 515, Investment Adviser Licensing
PROPOSED RULE NUMBER: 2002-P137
CONCISE SUMMARY: This chapter outlines the requirements and procedures for the licensing of investment advisers and investment adviser representatives with the State of Maine Office of Securities. The chapter includes requirements for electronic filing, notice filers, record keeping, brochures and examinations. The Ch. also sets forth the minimum financial and bonding requirements and outlines unethical business practices. A copy of the proposed rule may be obtained on the Office of Securities' website, www.MaineSecuritiesReg.org or by contacting the Securities Administrator, Maine Office of Securities, 121 State House Station, Augusta, Maine 04333-0121
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 10305, 10307, 10309, 10310, and 10703
PUBLIC HEARING: No public hearing is scheduled. However pursuant to Title 5, Section 8052(l), the Administrator shall conduct a hearing if requested by any 5 interested persons.
DEADLINE FOR COMMENTS: Friday, June 14, 2002
AGENCY CONTACT PERSON: Christine A. Bruenn, Securities Administrator
AGENCY NAME: Maine Office of Securities
ADDRESS: 121 State House Station, Augusta, Maine 04333-0121
TELEPHONE: (207) 624-8551


AGENCY: 10-149 - Department of Human Services, Bureau of Elder and Adult Services
RULE TITLE OR SUBJECT: Ch. 5, Bureau of Elder and Adult Services Policy Manual
PROPOSED RULE NUMBER: 2002-P138
CONCISE SUMMARY: To comply with a legislative mandate and to respond to issues raised by consumers and providers, the Bureau of Elder and Adult Services proposes to amend he following sections of its Policy Manual. Sections: 40, General Administrative Requirements for all Parties; 61, Adult Day Services; 62, Congregate Housing Services Program; 63, In Home and Community Based Support Services; 65, Nutrition Services; 68, Respite Care for People with Alzheimer's Disease or Related Disorders; 69, BEAS Homemaker Services; and 70, Senior Community Services Employment Program -- of its Policy Manual. It also proposes a new section, Section 75, to implement the new federally funded Family Caregiver Support Program. Section 74, Assisted Living Services Programs, is repealed as agreed to in negotiations with the Joint Standing Committee on Health and Human Services. The revisions, which are all routine technical, also include changing the name of Medicaid to MaineCare throughout and making corrections in grammar and correcting for inconsistencies.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA c.1451, 1453, 1457, 1621, 1623 and 1665
PUBLIC HEARING: June 3, 2002, 2:00 p.m., Hearing Room, DHS Building at 442 Civic Center Drive (Route 27), Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below by May 15, 2002.
DEADLINE FOR COMMENTS: Written comments will be accepted by mail, fax or e-mail until 5:00 p.m. on June 14, 2002
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: # 11 State House Station (35 Anthony Avenue), Augusta, ME 04333-0011
TELEPHONE: (207) 624-5335 or 1 (800) 262-2232
TTY: (207) 624-5442 or 1 (888) 720-1925
E-mail: Betty.Forsythe@maine.gov


ADOPTIONS

AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 565, Nutrient Management Rules
ADOPTED RULE NUMBER: 2002-130
CONCISE SUMMARY: The proposed amendment to the Nutrient Management Rules are intended to complete the Certified Nutrient Management Planning Specialist recertification process. Certified Nutrient Management Planning Specialists that are certified through the State of Maine need to acquire 6 recertification credits per 5 years for a private license and 10 recertification credits per 5 years for a public license. These proposed changes to the Nutrient Management Rules include a detailed process enabling the Certified Nutrient Management Planning Specialists to receive recertification credits towards their recertification.
EFFECTIVE DATE: May 7, 2002
AGENCY CONTACT PERSON: Paryse C. Turgeon
AGENCY NAME: Maine Department of Agriculture, Food and Rural Resources / OANRR
ADDRESS: 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-5941


AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 130, Rules for Equivalent Instruction Programs
ADOPTED RULE NUMBER: 2002-131
CONCISE SUMMARY: This chapter outlines the procedures and standards governing the Commissioner's approval of proposed equivalent instruction programs through home instruction, commonly referred to as "homeschooling", pursuant to 20-A MRSA 5001-A(3)(A).
EFTECTIVE DATE: May 7, 2002
AGENCY CONTACT PERSON: Edwin N. Kastuck, Ph.D.
AGENCY NAME: Maine Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6776


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Manual - Second Interviews, Cost of Doing Business for Households with Boarders
ADOPTED RULE NUMBER: 2002-132
CONCISE SUMMARY: This rule allows the Department of Human Services to notify an applicant household that an initial interview was missed and that the household is responsible for rescheduling a second interview. The cost of doing business for households is being modified. There will no longer be three options available. The options of using the Thrifty Food Plan for the number of boarders or the option of using $105 per month are being discontinued; The actual cost of providing room and meals will be, allowed. Proposed policy stated that these actual costs needed to be verified. This has been modified to allow for verification only if the expenses reported are questionable. The effective date of this policy was proposed to be effective June 2002. This policy will be effective July 2002 to coincide with a delayed implementation of a new computer system. This rule also corrects some typographical errors.
EFFECTIVE DATE: May 7, 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 Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, Medicaid Eligibility Manual -2002 Federal Poverty Levels
ADOPTED RULE NUMBER: 2002-133
CONCISE SUMMARY: This rule puts into effect the 2002 Federal Poverty Level (FPL). The FPL's are updated each year by the Federal Department of Health and Human Services. The FPL serves as the income limit for various MaineCare covered groups including children and their parents, elderly and disabled individuals and pregnant women.
EFFECTIVE DATE: May 7, 2002
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid 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) 287-5088
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF) - Roomer and Boarder Income, Rev. 60-A
ADOPTED RULE NUMBER: 2002-134
CONCISE SUMMARY: This rule removes the option of allowing a standard rate as the cost of doing business for households with roomers and boarders. The rule allows the actual costs of providing room and board.
EFFECTIVE DATE: May 7, 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)


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Moose Hunting
ADOPTED RULE NUMBER: 2002-135
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule establishing the dates for the 2002 moose hunting season as follows: October 7 through October 12, 2002 in WMDs 1 - 14, 18, 19, 28 and 29 and in addition within WMDs 1, 2, 3, 5, 6, 11, and 19 there will be an open season beginning September 23 through September 28, 2002. The season dates were adopted as proposed.
EFFECTIVE DATE: May 7, 2002
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 5, Medical Fees: Reimbursement Levels; Reporting Requirements
ADOPTED RULE NUMBER: 2002-136
CONCISE SUMMARY: This chapter outlines billing procedures and reimbursement levels to health care providers and sets standards for health care reporting. The Board is amending the medical fee schedule to incorporate the 2002 Physician's Current Procedural Terminology and the 2002 Medicare RBRVS: The Physician's Guide; and proposing to include Acupuncturist as a Health Care Provider/Practitioner. This proposal also removes language in 6(8) that was included in the last printing of the rule but has not been adopted by the Board.
EFFECTIVE DATE: July 1, 2002
AGENCY CONTACT PERSON: Melinda Porter, Administrative Assistant
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7080


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 750, Standardized Health Plans
(amendments)
ADOPTED RULE NUMBER: 2002-137
CONCISE SUMMARY: The purpose of this Rule is to define the coverage requirements for standardized health plans offered by health insurers and HMOs and to detail basic health care services that must be offered in all HMO plans issued in Maine. The amendments pertain to the product design guidelines for HMO plans in Maine found in Section 12 of the Rule.
EFFECTIVE DATE: June 6, 2002
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME: Maine Bureau Of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8460


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE:
Ch. 30.02, Taking of alewives from Walker's Brook - EMERGENCY
Ch. 55.15(D), Fishing in the Bagaduce River Upstream of the North Brooksville Sedgwick Bridge - EMERGENCY
ADOPTED RULE NUMBER: 2002-138 and 2002-139
CONCISE SUMMARY: The Walker Pond "pygmy" alewife run is very small this year and even limited fishing may negatively impact the survival of this stock. The emergency regulations adopt rules closing the waters that run between Walker Pond and the Bagaduce River in Brooksville to the taking of alewives by any method, to assure adequate spawning escapement and prevent overfishing.
EFFECTIVE DATE: Thursday, May 9, 2002
AGENCY CONTACT PERSON: Tom Squiers
AGENCY NAME: Department of Marine Resources
Mail written comments to: attn: Laurice U. Churchill
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 624-6550
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


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