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May 26, 1999
Rule-Making Notice

as it appears 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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS

AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #99-07
PROPOSED RULE NUMBER: 99-P95
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 M.R.S.A. Section 2954 & 5 M.R.S.A. Section 8054
PUBLIC HEARING: 9:00 a.m., June 10, 1999, Department of Agriculture, Food & Rural Resources, Deering Building, Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: June 10, 1999
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-465 - Department of Professional & Financial Regulation, Radiologic Technology Board of Examiners
RULE TITLE OR SUBJECT: Ch. 1, The Medical Radiation Technology Licensing Rules
PROPOSED RULE NUMBER: 99-P97
CONCISE SUMMARY: This proposed rule amendment will apply the $70 application fee for a temporary license to the first permanent license and reduce the initial fee for a temporary licensee from $70 to $10.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 M.R.S.A., c. 103, 9853 (6) (E)
PUBLIC HEARING: Monday, June 14, 1999, 9 a.m., Department of Professional & Financial Regulation, 122 Northern Ave., Gardiner, ME 04345
DEADLINE FOR WRITTEN COMMENTS: Friday, June. 25, 1999
AGENCY CONTACT PERSON: Elaine Thibodeau, Health Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 03-201 - Department of Corrections
CHAPTER: Ch. 10, Policy and Procedures Manual

RULE TITLE OR SUBJECT: Subsection 9.15, Drug and Alcohol Testing of Adult Clients
PROPOSED RULE NUMBER: 99-P98
CONCISE SUMMARY: This Policy & Procedure governs the specific practices and conditions when adult offenders of the Maine Department of Corrections may be required to be tested for drug and/or alcohol use, including purpose, collections of specimens, testing procedures, required documentation, and action to be taken with the result of a positive test.
PUBLIC HEARING: June 17, 1999 - 11 a.m., Augusta Mental Health Institute, Dept. of Corrections, Tyson Building - 4th Floor, Augusta, Maine

RULE TITLE OR SUBJECT: Subsection 25.3.4, Supervised Community Confinement
PROPOSED RULE NUMBER: 99-P99
CONCISE SUMMARY: This amendment to departmental Policy 25.3.4, Supervised Community Confinement pursuant to Title 34-A. M.R.S.A., Section 3036-A clarifies the existing procedures in addressing the manner of supervising prisoners transferring to the Supervised Community Confinement Program based on the rated security level of the correctional facility that the prisoner is being transferred from; places a more precise time management schedule for the Supervising Probation Officer to complete his/her investigation of a prisoner's proposed program, upon receipt from the Regional Correctional Administrator, and the notification process to victim(s) and appropriate law enforcement officials prior to the prisoners transfer to the program.
PUBLIC HEARING: June 17, 1999 - 9 a.m. - Augusta Mental Health Institute, Dept. of Corrections, Tyson Building - 4th Floor, Augusta, Maine

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A M.R.S.A., Section 1402
DEADLINE FOR COMMENTS: June 28, 1999
AGENCY CONTACT PERSON: Ellis King, Department of Corrections, State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 24.21, Salmonid Fish Health Inspection Regulations
(09-137, Department of Inland Fisheries & Wildlife, Ch. 2.03, Commercially Grown or Imported Fish)
PROPOSED RULE NUMBER: 99-P100
CONCISE SUMMARY: The Commissioners of the Department of Marine Resources and the Department of Inland Fisheries and Wildlife are proposing to adopt parallel rules in their respective agencies establishing fish health inspection procedures for live salmonids and gametes commercially grown within the State of Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6071 and 6171
PUBLIC HEARING: Thursday, June 17, 1999, 7 p.m., Augusta Civic Center, Lincoln/Oxford Room, Augusta, ME
DEADLINE FOR COMMENTS: June 28, 1999
AGENCY CONTACT PERSON: Lewis N. Flagg
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6341


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 2, Rules Pertaining to Commercial Fishing, Fish Culture and Fishing Derbies and Tournaments
(13-188 - Department of Marine Resources, Ch. 24, Importation of Live Marine Organisms)
PROPOSED RULE NUMBER: 99-P101
CONCISE SUMMARY: The Commissioners of the Departments of Inland Fisheries and Wildlife and Marine Resources are proposing to jointly adopt rules establishing fish health inspection procedures for live salmonids and gametes commercially grown within the State of Maine. A copy of the proposed rules may be obtained from the Agency Contact Person.
STATUTORY AUTHORITY: 12 MRSA, Sections 6071, 6171, 7035
PUBLIC HEARING: June 17, 1999 - 7:00 p.m., Augusta Civic Center, Piscataquis/Sagadahoc Room, Augusta, Maine
DEADLINE FOR COMMENTS: June 28,1999
AGENCY CONTACT PERSON: Andrea Erskine, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201
OR
Laurice Churchill, 21 State House Station, Augusta, ME 04333-0041
TELEPHONE: 633-9584.


ADOPTIONS

AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 61, Maine Milk Pool Cost of Administration
ADOPTED RULE NUMBER: 99-214
CONCISE SUMMARY: This rule establishes the cost of administering the Maine Milk Pool for the period June 1999 thru May 2000. It will set the rate a .10/cwt of milk produced in our state.
EFFECTIVE DATE: June 1, 1999
AGENCY CONTACT PERSON:
NAME: Cynthia L. Masterman
ADDRESS: Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 287-7521


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (AFDC), Updating the Federal Poverty Level Income Guidelines
ADOPTED RULE NUMBER: 99-215
CONCISE SUMMARY: The policy updates the federal poverty level income guidelines contained in the TANF policy manual.
EFFECTIVE DATE: May 17, 1999
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: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 119, Regulations Governing the Licensing and Functioning of Home Health Care Services
ADOPTED RULE NUMBER: 99-216
CONCISE SUMMARY: The final amendments change the definition in Chapter 1, General Definitions, Item 45, to the elimination of the requirement of an original physician's signature. Changes in Chapter 7.F.1.I, Patient/Client Records, will allow Home Health Agencies an additional nine (9) days to acquire a physician's signature on a verbal order. This new rule change will read "thirty (30) days" rather than "twenty-one" (21) days required for a signature of a physician for a verbal order.
EFFECTIVE DATE: June 1, 1999
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
TTY (207) 624-5512 (Deaf/Hard of Hearing)
FAX (207) 624-5378


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.85(1)(B), Lobster Trap Escape Vent Dimensions
ADOPTED RULE NUMBER: 99-217
CONCISE SUMMARY: This measure provides regulatory consistency with the Atlantic States Marine Fisheries Commission, Amendment #3, Interstate Fishery Management Plan for Lobster, approved December 16, 1997. The proposed regulation increases the circular escape vent to a minimum size of 2 7/16" in diameter, effective June 1, 1999.
EFFECTIVE DATE: June 1,1999
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 26.20, Sea Urchin Research Conservation Areas
ADOPTED RULE NUMBER: 99-218
CONCISE SUMMARY: The adopted rule provides technical corrections to the coordinate location descriptions for five of the six sea urchin conservation areas coastwide that became effective December 12, 1998. The areas requiring corrections are located off East Point, York; Seal Head Point, York; Schoodic Point, Winter Harbor; Pemaquid Point, Bristol; Outer Ram Island, Beals.
EFFECTIVE DATE: May 18, 1999
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.82, Lobster Trap Maximum Size
ADOPTED RULE NUMBER: 99-219
CONCISE SUMMARY: This regulation makes it unlawful to possess a lobster tap with a volume larger than 22,950 cubic inches. The regulation also includes a provision allowing the Commissioner the limited ability to exempt larger traps with a volume of up to 30,100 cubic inches for a five year period. This regulation is one of the measures required by the Atlantic States Marine Fisheries Commission, Amendment #3, Interstate Fishery Management Plan for Lobsters.
EFFECTIVE DATE: May 18, 1999
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 7.40, Requirements for Municipalities Having Shellfish Conservation Programs, Licensing of Shellfish Harvesters
ADOPTED RULE NUMBER: 99-220
CONCISE SUMMARY: The regulation provides a greater degree of flexibility to towns that administer shellfish conservation programs in general. The amendments clarify the existing rules that specifically address the sale of licenses and the procedures used by towns to allocate shellfish licenses.
EFFECTIVE DATE: May 18, 1999
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 99-221
CONCISE SUMMARY: Restores language which allows the proration of income and expenses of ineligible aliens. Current policy was adopted which removed the allowance to prorate. The proration will also be allowed in cases which have mixed funding of both Federal and State funds.
EFFECTIVE DATE: May, 1999
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333 TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 02-265 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Barbering and Cosmetology
CHAPTER NUMBER AND TITLE: Repeal existing Ch. 4, Rules for Certifying Barber and Cosmetology Instructors, and Replace with new Ch. 4, Licensure Requirements for Licensing of Barbering and Cosmetology Instructors
New rule, Ch. 6, Rules for Qualifying and Licensing of Schools
ADOPTED RULE NUMBER: 99-222 and 99-223
CONCISE SUMMARY:
Ch. 4: This chapter sets the standards which applicants must meet in order to receive a license to teach barbering and/or cosmetology, examination requirements, license renewal including continuing professional education.
Ch: 6: This chapter sets standards for the licensing of persons, partnerships, associations or corporations to maintain and operate schools of barbering and cosmetology. The rule includes standards relating to educational programs, instructors qualifications, records and record keeping, health and sanitation, safety and physical facilities, payment of refunds, and notices and information to be provided to students.
EFFECTIVE DATE: May 19, 1999
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8625


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order # 99-06
ADOPTED RULE NUMBER: 99-224
CONCISE SUMMARY: Minimum June, 1999 producer Class I set at $15.05 and a $1.89 Northeast Interstate Dairy Compact over order price. June, 1999 Class II goes to $12.11 and Class III minimums set at $11.72. These changes were passed on in minimum prices.
EFFECTIVE DATE: June 1, 1999
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 1, Payment of Benefits, Section 10 Notice
ADOPTED RULE NUMBER: 99-225
CONCISE SUMMARY: This rule requires insurance companies to file a Notice of Workers' Compensation Insurance (WCB-1A) with the Workers' Compensation Board within 14 days after issuance, renewal, or endorsement of any workers' compensation policy. A copy of the Notice of Workers' Compensation Insurance must be sent to the employer.
EFFECTIVE DATE: May 23, 1999
AGENCY CONTACT PERSON: John C. Rohde, Assistant General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207-287-7094


AGENCY: 90-351 - Worker's Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 8, Procedures for Payment, Section 7 (Calculation of Interest)
ADOPTED RULE NUMBER: 99-226
CONCISE SUMMARY: This rule adopts a standard method for calculating interest on awards of workers' compensation benefits.
EFFECTIVE DATE: May 23, 1999
AGENCY CONTACT PERSON: Julia A. Finn, Assistant General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207-287-7094


AGENCY: 90-351 - Worker's Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 12, Formal Hearings
ADOPTED RULE NUMBER: 99-227
CONCISE SUMMARY: These amendments provide for an expedited procedure through the formal hearing process.
EFFECTIVE DATE: May 23, 1999
AGENCY CONTACT PERSON: Julia A. Finn, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207-287-7094


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 15, Penalties, Section 8 Assessment of Penalties Under 39-A M.R.S.A. Sec. 359(2)
ADOPTED RULE NUMBER: 99-228
CONCISE SUMMARY: This rule establishes a procedure for investigating complaints of, and imposing penalties for, a pattern of questionable claims-handling techniques or repeated unreasonably contested claims.
EFFECTIVE DATE: May 23, 1999
AGENCY CONTACT PERSON: John C. Rohde, Assistant General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207-287-7094


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