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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 31, 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: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 24, Home Energy Assistance Program
PROPOSED RULE NUMBER: 2000-P97
CONCISE SUMMARY: The Home Energy Assistance Program ("HEAP") Rule is being amended to increase the pool of eligible households provided that the Maine State Housing Authority ("MSHA") receives an initial HEAP award in an amount which allows MSHA to maintain the current level of benefits for households receiving HEAP assistance. If MSHA is awarded a sufficient amount of HEAP funds, the income limitations will increase from 150% to 170% of the federal poverty guidelines for households with an elderly person, a child under the age of 25 months or a person who is vulnerable to hypothermia, and from 125% to 150% of the federal poverty guidelines for all other households. If MSHA does not receive a sufficient award, the income limitations will be 150% of the federal poverty guidelines for households with an elderly person, a child under the age of 25 months or a person who is vulnerable to hypothermia, and 125% of the federal poverty guidelines for all other households. The Rule is also being amended to establish a pilot program pursuant to which the level of benefits provided to households in Kennebec and Somerset Counties, except tenants with heat included in their rent, will be determined based on the actual energy consumption of the household in the prior year rather than the design heat load calculation method; to allow subgrantees to setoff or deduct Energy Crisis Intervention Program benefits received by an ineligible household from the household's HEAP fuel assistance benefit during the program year; to add lead hazard requirements under the HEAP Weatherization Program; to add certain administrative requirements in accordance with the Maine Housing Authorities Act; and to clarify definitions and other provisions of the Rule.
A complete copy of the amended Home Energy Assistance Program Rule is available at the Maine State Housing Authority.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4722(l)(W), 4741(15) and 4991 et seq.
PUBLIC HEARING: Tuesday, June 20, 2000, 9:30 a.m., Maine State Housing Authority, 353 Water Street Augusta, ME 04330-4633. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: Friday, June 30, 2000, 5:00 p.m.
AGENCY CONTACT PERSON: Peter Wintle, EHS Division Director
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Community Spouse Minimum Income Standard and Shelter Allowance - 2000
PROPOSED RULE NUMBER: 2000-P98
CONCISE SUMMARY: This rule applies to those in a nursing home who are covered by Medicaid and who have a spouse living at home. The person in the nursing home can give some of their income to their spouse at home. This amount is disregarded when determining how much the person must pay towards the cost of their nursing home care. The amount given to the spouse at home is based on a formula. The amounts used in the formula are increasing. The minimum monthly income standard will be $1,407 and the shelter allowance will be $422, effective July 1, 2000.
THIS RULE 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 29, 2000.
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 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 107, Medical Eye Care Program
PROPOSED RULE NUMBER: 2000-P99
CONCISE SUMMARY: This proposed rule makes a number of changes including: updating the income eligibility guidelines to reference the most currently available median family income data; clarifying the special criteria required for an early effective date of eligibility; updating the conditions of care to reflect more current medical criteria; clarifying language; and related minor editing changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA, 42, 3173
PUBLIC HEARING:
Date: June 21, 2000
Time: 1:30 p.m.
Location: 1st Floor Conference Room, 35 Anthony Avenue, Augusta, Maine
DEADLINE FOR COMMENTS: July 3, 2000
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514
TTY:1-800-423-4331 (Deaf/Hard-of-Hearing)


AGENCY: 17-229 - Department of Transportation
RULE TITLE OR SUBJECT: Ch. 304, Criteria for the Functional Classification of Highways
PROPOSED RULE NUMBER: 2000-P100
CONCISE SUMMARY: These are proposed amendments to an existing rule that will further define the distinction between local roads and collector roads.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 MRSA 53
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 30, 2000
AGENCY CONTACT PERSON: Peter Coughlan
AGENCY NAME: Department of Transportation, Div. of Community Services
ADDRESS: 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: 207/287-2152


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #07-00
PROPOSED RULE NUMBER: 2000-P101
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 MRSA 2954 & 5 MRSA 8054
PU13LIC HEARING: 11:00 a.m., Tuesday, June 13, 2000, Pilots Grill, 1528 Hammond Street, Bangor, Maine
DEADLINE FOR COMMENTS: June 13, 2000
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices for Milk - Order #05-00
ADOPTED RULE NUMBER: 2000-202
CONCISE SUMMARY: The Maine Milk Commission has established minimum wholesale and retail prices for milk sold in 114- fluid ounce and 57 fluid ounce plastic containers.
EFFECTIVE DATE: May 24, 2000
AGENCY CONTACT PERSON: Stanley K. Millay, Executive Director
AGENCY NAME: Maine Milk Commission
ADDRESS: State House Station 28 - Deering Building, Augusta, ME 04333
TELEPHONE: (207) 287-3741


AGENCY: 26-550 - Department of the Attorney General, Victims' Compensation Board
RULE TITLE OR SUBJECT:
Ch. 3, Rules for the Application and Decision Making process
Ch. 6, Rules regarding Limitations on Compensation
ADOPTED RULE NUMBER: 2000-203 and 2000-204
CONCISE SUMMARY: The amendments will eliminate inconsistencies between the statute and the rules. They will add a provision for punishing false statements on Board forms. They will allow an increase in funeral payments and provide standards for funeral awards.
EFFECTIVE DATE: May 27, 2000
AGENCY CONTACT PERSON: Deborah Shaw Rice, Director
AGENCY NAME: Victims' Compensation Board
ADDRESS: Department of the Attorney General, 6 State House Station, Augusta, Maine 04333-0006
TELEPHONE: (207) 626-8800


AGENCY: 04-059 - Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 53, Submerged Lands Rules
ADOPTED RULE NUMBER: 2000-208
CONCISE SUMMARY: These rule revisions are proposed to the Bureau's existing rules governing the use and conveyance of submerged lands owned by the State of Maine. These rules were last revised in 1991. The revised rules contain new guidelines on the siting of underwater cables and a number of other "housekeeping changes" aimed at clarifying several provisions and incorporating changes in the statute (Title 12 MRSA 1801 and 1862) made since 1991.
EFFECTIVE DATE: May 28, 2000
AGENCY CONTACT PERSON: Will Johnston
AGENCY NAME: Bureau of Parks and Lands
ADDRESS: 22 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4919


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