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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 24, 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: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 285, Maine Telecommunications Education Access Fund
PROPOSED RULE NUMBER: 2000-P94
CONCISE SUMMARY This Chapter implements the provisions of 35-A MRSA 7104-B and describes the process for telecommunications carriers to contribute to the Maine Telecommunications Education Access Fund, the services eligible for discounts from the Fund, and the application process for discounts.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 7104-B
PUBLIC HEARING: June 15, 2000 at 10:00 a.m., Commission Hearing Room, 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 7, 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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.90(B)(1), Swans Island Area Lobster Trap Regulation
PROPOSED RULE NUMBER: 2000-P95
CONCI SE SUMMARY: The Department proposes a technical correction in the definition of the area description for the Swans Island Area Lobster Trap Regulation. The 160-degree True bearing and the reverse 340-degree bearing would be changed to 165 and 345 degrees True to be consistent with the Latitude, Longitude and Loran numbers in the regulation.
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 23, 2000
AGENCY CONTACT PERSON: Lt. John Bennett, c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 667-3373


AGENCY: 03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedures Manual: Subsection 15.1, Prisoner Disciplinary Procedures
PROPOSED RULE NUMBER: 2000-P96
CONCISE SUMMARY: This Policy & Procedure governs the standards of behavior and establishes practices that must be followed when taking informal or formal disciplinary sanctions against an adult prisoner for violations of established rules of conduct for prisoners of an adult correctional facility.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA, Sections 1402, 1403, 3032
PUBLIC HEARING None scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 5, 2000
AGENCY CONTACT PERSON: Ellis King, State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


ADOPTIONS

AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: Subsection 9.15, Drug and Alcohol Testing of Adult Clients
ADOPTED RULE NUMBER: 2000-179
CONCISE SUMMARY: This policy & procedure amends existing rules promulgated in July, 1999, Chapter 10, subsection 9.15, entitled Drug and Alcohol Testing of Adult clients. This policy and procedure governs the specific practices and conditions when clients of the Maine Department of Corrections may be required to be tested for drug and/or alcohol use, including purpose, collection of specimens, testing procedures, required documentation, and action to be taken with the result of a positive test.
EFFECTIVE DATE: May 16, 2000
AGENCY CONTACT PERSON: Ellis King, Department of Corrections, State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207)287-4342


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #06-00
ADOPTED RULE NUMBER: 2000-183
CONCISE SUMMARY: Minimum June, 2000 producer Class I and Northeast Dairy Compact Over Order Price set at $16.94. Class III minimums set at $9.41. These changes were passed on in minimum prices.
EFFECTIVE DATE: June 1, 2000
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 90-590 - Maine Health Data Organization

CHAPTER NUMBER AND TITLE: Ch. 300, Uniform Reporting System for Hospital Financial Data
ADOPTED RULE NUMBER: 2000-184
CONCISE SUMMARY: This rule contains the provisions for filing financial, supplemental and mammography information with the Maine Health Data Organization including: identifying those entities required to file the information; establishing requirements for the content, form, medium, and schedule for filing financial, supplemental and mammography data; and specifying compliance provisions.

CHAPTER NUMBER AND TITLE: Ch. 630, Uniform System for Reporting Baseline Information and Restructuring Occurrences Relevant to the Delivery and Financing of Health Care in Maine
ADOPTED RULE NUMBER: 2000-185
CONCISE SUMMARY: The proposed rules contain the provisions for filing baseline and restructuring information relevant to the delivery and financing of health care in Maine, including: identifying those persons required to file; establishing requirements for the content, format, medium and time for filing; and, provisions for compliance. The proposed rules will replace the existing Chapter 630 in its entirety.

EFFECTIVE DATE: May 17, 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: 65-407 - Public Utilities Commission

CHAPTER NUMBER AND TITLE: Ch. 305, Amendment to Consumer Protection Provisions for Competitive Electricity Providers.
ADOPTED RULE NUMBER: 2000-186
CONCISE SUMMARY This Chapter establishes licensing requirements for competitive electricity providers, which include marketers, brokers and aggregators. The Chapter includes procedural rules governing application for licensing, revocation and enforcement, and annual reporting provisions. The Chapter also establishes consumer protection rules applicable to competitive electricity providers.

CHAPTER NUMBER AND TITLE: Ch. 306, Amendment to Uniform Information Disclosure Rule
ADOPTED RULE NUMBER: 2000-187
CONCISE SUMMARY This Chapter contains requirements for competitive electricity providers to disclose price, contract, resource mix, and emissions information to customers in a uniform format. The Chapter also contains requirements for informational filings by competitive providers.

EFFECTIVE DATE: May 17, 2000
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 808, Corporate Income Tax Nexus
ADOPTED RULE NUMBER: 2000-188
CONCISE SUMMARY: Rule 808 describes the circumstances under which an out-of-state corporation is subject to the income tax jurisdiction of Maine under Title 36 MRSA Section 5200. The rule has been amended to provide that the activities in Maine of an independent contractor on behalf of a foreign corporation will be imputed to the corporation if they are significantly associated with that corporation's ability to establish and maintain a market in Maine, to the extent allowed by the Constitution and laws of the United States. Various other minor amendments and updates to the rule have been made as well.
EFFECTIVE DATE: May 20, 2000
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. V1, Section 3, MaineNET
ADOPTED RULE NUMBER: 2000-189
CONCISE SUMMARY: This rule establishes a voluntary program designed to improve health outcomes and manage program costs by providing clinical and administrative coordination of primary, acute, behavioral, and long-term care services for adults with disabilities and elderly Medicaid populations.
EFFECTIVE DATE: May 22, 2000
AGENCY CONTACT PERSON: Julia White, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5517
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping

ADOPTED RULE NUMBER: 2000-190
Ch. 4.03, Deer Hunting Seasons
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule amending the expanded archery deer hunting season areas. All provisions of 12 MRSA Sections 7102-A.and 7102-B apply during this season. A copy of the newly adopted areas may be obtained from the Agency Contact Person listed below.

ADOPTED RULE NUMBER: 2000-191
Antlerless Deer Hunting Restrictions
CONCISE SUMMARY: In accordance with Title 12 MRSA, Section 7457, subsection 1(H), the Commissioner of Inland Fisheries and Wildlife has adopted Antlerless Deer Hunting Restrictions for the 2000 regular and special muzzle-loading deer hunting seasons. This establishes specific permit allocations for the 30 Wildlife Management Districts (WMD) as follows:
WMD 1 - 200 permits
WMD 2 - 50 permits
WMD 3 - 50 permits
WMD 4 - 350 permits
WMD 5 - 450 permits
WMD 6 - 200 permits
WMD 7 - 1,500 permits
WMD 8 - 1,200 permits
WMD 9 - 400 permits
WMD 10 - 450 permits
WMD 11 - 600 permits
WMD 12 - 1,800 permits
WMD 13 - 1,550 permits
WMD 14 - 600 permits
WMD 15 - 4,050 permits
WMD 16 - 6,850 permits
WMD 17 - 12,250 permits
WMD 18 - 1,250 permits
WMD 19 - 0 permits
WMD 20 - 3,500 permits
WMD 21 - 5,300 permits
WMD 22 - 6,800 permits
WMD 23 - 12,900 permits
WMD 24 - 3,300 permits
WMD 25 - 4,050 permits
WMD 26 - 4,250 permits
WMD 27 - 400 permits
WMD 28 - 0 permits
WMD 29 - 25 permits
WMD 30 - 1,200 permits
TOTAL - 75,525
All other antlerless deer regulations in effect in 1999 shall remain the same.

EFFECTIVE DATE: May 21, 2000
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
TYPE OF RULE: New Rule
CHAPTER NUMBER AND TITLE: Ch. 25, Leashed Tracking Dog License Rules
ADOPTED RULE NUMBER: 2000-192
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules applicable to the use of leashed tracking dogs to track wounded deer. A copy of the rule may be obtained from the Agency Contact Person listed below.
EFFECTIVE DATE: July 1, 2000
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201


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

CHAPTER NUMBER AND TITLE: Ch. 205, Rules Relating to Campgrounds (formerly called Tent, Recreational Vehicle and Wilderness Park Rules)
ADOPTED RULE NUMBER: 2000-193
CONCISE SUMMARY: These rules provide for the regulation of campgrounds, including commercial campgrounds, temporary campgrounds and agricultural fair campgrounds. The rules address health and safety requirements at all types of campgrounds. All fairs must ensure that the water that they provide for drinking is safe and they must provide for an approved means of wastewater disposal. Two new classes of campgrounds were added in this revision of the rules. These are temporary campgrounds and agricultural fair campgrounds. Agricultural fair campgrounds must be licensed, but are exempt from many of the requirements of these rules during fair week and when agricultural activities are taking place.

CHAPTER NUMBER AND TITLE: Ch. 208, Rules Relating to Boys, Girls, Boys and Girls, Day Camps and Primitive and Trip Camping
ADOPTED RULE NUMBER: 2000-194
CONCISE SUMMARY: These rules provide for the regulation of youth summer camps. They address health and safety requirements of the camps, including the camp premises and buildings, sanitary facilities, health supervision, staffing, swimming facilities and safety and fire prevention. Standards are also set for primitive camp facilities.

EFFECTIVE DATE: May 21, 2000
AGENCY CONTACT PERSON: Robert Peterson
AGENCY NAME: Division of Health Engineering
ADDRESS: 10 State House Station, Augusta ME 04330
TELEPHONE: 287-5693
TTY (207) 287-2070 (Deaf/Hard of Hearing)


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