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May 27, 1998
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: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 240, Subsurface Wastewater Disposal Rules: Appointment and Administration of Local Plumbing Inspectors
PROPOSED RULE NUMBER: 98-P99
CONCISE SUMMARY These rules provide for the appointment and administration of Local Plumbing Inspectors. In addition, these rules deal with the eligibility, application, examination, and re-certification requirements; as well as administration of the permit process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Section 42
PUBLIC HEARING: June 16, 1998, Augusta Civic Center, Lincoln Room, 1 p.m.-3 p.m.
DEADLINE FOR COMMENTS: June 26,1998
AGENCY CONTACT PERSON
NAME: James Jacobsen, Manager
ADDRESS: Division of Health Engineering, 10 State House Station, Augusta ME 04333
PHONE: (207) 287-5695
TTY: (207) 287-2070

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence

RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Medicaid Expansion
PROPOSED RULE NUMBER: 98-P100
CONCISE SUMMARY: Effective July 1, 1998, this rule increases the monthly income limit for coverage of children under age 19 to 150% of the federal poverty level. This is $1,357 for a family of 2; $1,707 for a family of 3; $2,057 for a family of 4. Amounts increase with family size. This is an increase from the existing limit of 133% of the federal poverty level for children ages 1-5 and 125% of the federal poverty level for children ages 6-18.

RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Child Health Insurance Program
PROPOSED RULE NUMBER: 98-P101
CONCISE SUMMARY: Health insurance for children age 1 or older but under age 19 will be available to families with monthly income under 185% of the federal poverty level ($1,673 for a family of 2; $2,105 for a family of 3; $2,516 for a family of 4). Services covered are the same as those covered under Medicaid. The start date for this program will be determined, pending approval of the State Plan, by the U.S. Department of Health and Human Services.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: June 26, 1998
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 410, Uniform System of Accounts for Gas Utilities
PROPOSED RULE NUMBER: 98-P102
CONCISE SUMMARY: This proposed rule amends the existing rule by requiring every gas utility to maintain its accounts and records in conformity with the Uniform System of Accounts found in Title 18, Subchapter F, Part 201, of the Code of Federal Regulation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A, M.R.S.A. 101, 103, 104, 107, 111, 112, 501, 502 and 504
PUBLIC HEARING None scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 10, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078


AGENCY: 16-222 - Department of Public Safety, Bureau of State Police
RULE TITLE OR SUBJECT: Ch. 3, Rules And Regulations Relating To Beano
PROPOSED RULE NUMBER: 98-P103
CONCISE SUMMARY: This rule provides routine technical requirements for reporting the disposition of funds from beano during an annual license period.
THIS RULE WILL NOT HAVE A FISCAL impact ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 17, Section 317
PUBLIC HEARING: None Scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 29, 1998
AGENCY CONTACT PERSON: Sgt. Barry Hathaway
ADDRESS: Maine State Police, 164 State House Station, Augusta, Maine 04333-0164
PHONE NUMBER: 207-624-8784


AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 4, Eviction Procedures Under the Section 8 Existing Housing Program and the Section 23/8 Conversion Housing Program
PROPOSED RULE NUMBER: 98-P104
CONCISE SUMMARY: Repeal of rule adopted in 1980 to comply with federal legislation which required the Authority, rather than the owner, to issue any eviction notices to tenants of Section 8 existing or Section 23/8 conversion housing. The rule is not applicable to any outstanding leases and is obsolete.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A M.R.S.A. 4741.1
PUBLIC HEARING None scheduled. Hearing may be requested.
DEADLINE FOR COMMENTS: June 30,1998
AGENCY CONTACT PERSON: Linda L. Sears, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600


AGENCY: 02-174 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Boiler Rules
RULE TITLE OR SUBJECT: Ch. 12, Fees
PROPOSED RULE NUMBER: 98-P105
CONCISE SUMMARY: The proposed rule amendment to Chapter 12, Fees, increases the fees to be charged by the Board. The Board is currently in a deficit situation and has insufficient incoming revenue to pay its obligations when they come due.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES: Municipalities will be required to pay a greater cost for an inspection certificate of their boiler or pressure vessel.
STATUTORY AUTHORITY: 32 M.R.S.A., c. 131 15104 and 15109(8)
PUBLIC HEARING: Wednesday, June 17, 1998, 9:00 a.m., Androscoggin Room, Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: June 27, 1998
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, 935 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #98-07
PROPOSED RULE NUMBER: 98-P106
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. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., Thursday, June 11, 1998, Department of Agriculture, Food & Rural Resources, Deering Building-Station #28, Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: June 11, 1998
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 99-346 - Maine State Housing Authority

RULE TITLE OR SUBJECT: Ch. 8, Rental Rehabilitation/Conversion Loan Program Rule
PROPOSED RULE NUMBER: 98-P107
CONCISE SUMMARY: Repeal of rule which established a program for the rehabilitation of residential rental structures and the conversion of single family structures into multi-family structures in accordance with the HUD Rental Rehabilitation Program. HUD discontinued its Rental Rehabilitation Program and the rule is obsolete.

RULE TITLE OR SUBJECT: Ch. 10, Fuel Oil Conservation Loan Program Rule
PROPOSED RULE NUMBER: 98-P108
CONCISE SUMMARY: Repeal of rule for program using oil overcharge funds for oil conservation. The Authority has not operated this program for several years and the rule is obsolete.

RULE TITLE OR SUBJECT: Ch. 20, Home Equity Conversion Mortgage Program Rule
PROPOSED RULE NUMBER: 98-P109
CONCISE SUMMARY: Repeal of rule adopted in 1989 to access a HUD program to insure reverse mortgages. The Authority has discontinued the program and the rule is obsolete.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A M.R.S.A. 4741.1
PUBLIC HEARING None scheduled. Hearing may be requested.
DEADLINE FOR COMMENTS: June 30,1998
AGENCY CONTACT PERSON: Linda L. Sears, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 44.05, American Shad
ADOPTED RULE NUMBER: 98-218
CONCISE SUMMARY: This regulation establishes daily and possession limits in Maine for American shad. The purpose of the regulation is to improve the management and restoration of American shad in Maine.

CHAPTER NUMBER AND TITLE: Ch. 37, Freshwater Fish Regulations
ADOPTED RULE NUMBER: 98-219
CONCISE SUMMARY: This regulation changes the daily and possession limits for brown trout, rainbow trout and black bass and adds length limits for black bass taken in the coastal waters of Maine. The purpose of the regulation is to provide consistency with existing rules currently in effect for inland waters.

EFFECTIVE DATE: May 19,1998
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: 10-149 - 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: 98-223
CONCISE SUMMARY: This finalizes the adoption of the part of the Bureau of Elder and Adult Services Policy Manual pertaining to bed banking and expedited review which are a major substantive rule as authorized by Resolve 110 passed by the 118th Legislature.
EFFECTIVE DATE: June 14, 1998
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
TTY: 888-720-1925


AGENCY: 18-364 - Department of Administrative and Financial Services, State Liquor And Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 1 thru 21, Maine State Lottery
ADOPTED RULE NUMBER: 98-227
CONCISE SUMMARY: The purpose of State Lottery rules is to specify the procedural framework, consistent with relevant statutes (8 M.R.S.A. chapter 14-A), for the operation of the Maine State Lottery. The rules cover license eligibility, application procedures, the requirements for operation as a lottery agent and the procedures for claiming and awarding prizes. The State Liquor and Lottery Commission is revising and readopting the rules relating to the operation of the Maine State Lottery. The current rules were adopted in 1990. They need to be revised to reflect changes in statutes and in operating procedures since the rules were last adopted. The rules will be merged from 21 chapters into one chapter with section numbers that are the same as the old chapter numbers. The new rules will also be revised for clarity and to reflect current rule-drafting style and gender neutrality.
EFFECTIVE DATE: May 23, 1998
AGENCY CONTACT PERSON: Pam Coutts, Deputy Director
AGENCY NAME: Bureau of Alcoholic Beverages and Lottery Operations
ADDRESS: 8 State House Station, Augusta, ME 04333
TELEPHONE: (207)287-3721
FAX (207)287-6769
TTY (207)287-6791


AGENCY: 02-029 - Department of Professional and Financial Regulation, Bureau of Banking, Securities Division
CHAPTER NUMBER AND TITLE: Ch. 537, Exemption for Offers and Sales to Accredited Investors
ADOPTED RULE NUMBER: 98-228
CONCISE SUMMARY: This rule will allow certain businesses to offer their securities by means of a general announcement in Maine without registering the securities with the Securities Division if, as a result of the offer, they sell the securities only to certain wealthy people. The rule specifies what information an issuer may put in its general announcement. An issuer may rely on this rule to sell its securities to "accredited investors" as defined by Federal Securities law. The rule requires the issuer to file a notice of the transaction alone, with a copy of any general announcement and to pay a filing fee within 15 days after the first sale in Maine. The rule will allow an issuer to offer and sell its securities without licensing its officers, directors, or employees as sales representatives.
EFFECTIVE DATE: May 29, 1998
AGENCY CONTACT PERSON: Bonnie E. Russell
AGENCY NAME: Maine Securities Division
ADDRESS: 121 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8551


AGENCY: 02-344 - Office of Licensing and Registration, Department of Professional and Financial Regulation, State Board of Licensing of Dietetic Practice

CHAPTER NUMBER AND TITLE: Ch. 1, General Information
ADOPTED RULE NUMBER: 98-229
CONCISE SUMMARY: A new Chapter 1 is created to establish guidelines relating to meetings, records and advisory rulings.

CHAPTER NUMBER AND TITLE: Ch. 2, Rules for Licensing of Dietetic Practice ADOPTED RULE NUMBER: 98-230
CONCISE SUMMARY: The old Chapter 1 becomes Chapter 2 and outlines the rules regarding licensure in dietetic practice, including educational requirements, examination requirements, application and licensing procedures, fees, and continuing education requirements.

CHAPTER NUMBER AND TITLE: Ch. 3, Complaints and Investigations
ADOPTED RULE NUMBER: 98-231
CONCISE SUMMARY: A new Chapter 3 is written to describe the procedure by which complaints and investigations will be handled by the Board.

CHAPTER NUMBER AND TITLE: Ch. 4, Code of Ethics
ADOPTED RULE NUMBER: 98-232
CONCISE SUMMARY: A new Chapter 4 is written to set forth standards within a code of ethics for licensed dietitians: This code is intended to serve as a guide to everyday conduct for members of the dietetic profession and as a basis for the adjudication of issues in ethics when the conduct of dietitians or dietetic technicians is alleged to deviate from the parameters expressed or implied in this code. It represents standards of ethical behavior for practitioners in professional relationships with those served, with colleagues, other individuals and professions, and with the community and society as a whole.

EFFECTIVE DATE: May 24, 1998
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Administrator
ADDRESS: Office of Licensing & Registration, SHS #35, Augusta, ME 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #98-06
ADOPTED RULE NUMBER: 98-233
CONCISE SUMMARY: Minimum June, 1998 producer Class I set at $15.35 and a Northeast Interstate Dairy Compact over order price of $1.69. June, 1998 Class II goes to $12.31 and Class III minimums set at $11.92. A $.10 premium is included in the Class I minimums. These changes were passed on in minimum prices.
EFFECTIVE DATE: June 1, 1998
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 04-061 - Department of Conservation, Maine Land Use Regulation Commission (LURC)
CHAPTER NUMBER AND TITLE: Ch. 10, Wetland Protection Standards
ADOPTED RULE NUMBER: 98-234
CONCISE SUMMARY: This proposed wetland rule grants the Land Use Regulation Commission the authority to regulate land use activities in wetlands regardless of their size or type. The change will allow wetland regulations to be administered throughout the entire state in a consistent manner. Moreover, the amended rule will help remove duplication in permit requirements for activities in wetlands in the unorganized areas of the state. These changes are in response to a 1992 legislative directive to develop regulations consistent with DEP's wetland rule under NRPA.
EFFECTIVE DATE: June 1, 1998
AGENCY CONTACT PERSON: Susan C. Bums
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, State House Station #22, Augusta, Maine 04333
TELEPHONE: 207-287-4969


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
TYPE OF RULE: Repeal and Replace Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 14, Commercial Whitewater Rafting
(14.07 D.7. and 14.08 A.1-3)
ADOPTED RULE NUMBER: 98-235
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife had adopted a rule establishing an order of launch for commercial whitewater rafting for 1998, as well as the allocated Sundays (in addition to the allocated days and periods in statute) for the West Branch of the Penobscot for 1998; in addition, this rule re-establishes the outfitter fee at $350 (no change from past fee).
STATUTORY AUTHORITY: 12 MRSA Sections 703S, 7367, 7369
EFFECTIVE DATE: May 25, 1998
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.


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