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June 4, 1997
Rule-Making Notice

as it appears in 5 daily Maine newspapers

PROPOSALS
AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #301 Food Stamp Manual
PROPOSED RULE NUMBER: 97-P95
CONCISE SUMMARY:
* corrects and adds to the list of qualified aliens
* corrects the age limit for Able-Bodied Adults Without Dependent Children and clarifies how the three month extension may be obtained
* corrects a date regarding drug felony convictions and clarifies the length of certain disqualification periods
* adds another exclusion to JTPA and Americorps income
* clarifies that any case with earned income cannot be certified for more than three months.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Sec. 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: July 7, 1997
AGENCY CONTACT PERSON: Peter McCarron, Food Stamp Program Manager Department of Human Service Bureau of Family Independence 11 State House Station, Whitten Road Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-3097
AGENCY: 29-250: Secretary of State Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: The Administration of Overdimension and Overweight Permits
PROPOSED RULE NUMBER: 97-P96
CONCISE SUMMARY: The purpose of this rulemaking is to allow, under police escort, the movement of oversize vehicles during night hours when movement during daylight hours presents a greater risk to public safety and for the rule to conform to legislation allowing for the escorting of overlimit moves by any police agency.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA Section 2382
PUBLIC HEARING: June 24, 1997 at 10:00 AM at the Bureau of Motor Vehicles Executive Conference Room at 101 Hospital St. Augusta
DEADLINE FOR COMMENTS: July 7, 1997
AGENCY CONTACT PERSON: Maurice J. Dionne Jr.
AGENCY NAME: Maine Bureau of Motor Vehicles
ADDRESS: Commercial Vehicle Division 29 State House Station Augusta, Me. 04333-0029
TELEPHONE: (207) 287-8633
AGENCY: 02-031 - Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Amendments to Chapter 440. Plan of Operation for the Residual Market Mechanism
PROPOSED RULE NUMBER: 97-P97
CONCISE SUMMARY: As requested by the Board of Governors of the Workers' Compensation Residual Market Pool, the Superintendent proposes to repeal Article IV, "Servicing Carrier Audit and Performance Standards," and replace it with an updated version developed by the Board of Governors, reflecting changes to the Workers' compensation law and the operations of the Pool that have occurred since the present standards were adopted in 1988. In addition, because the Pool ceased issuing and renewing policies as of 1993 and all Pool policies have now terminated, the Superintendent proposes to repeal Article 111, which governs the issuance, renewal, and cancellation of Pool policies.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A M.R.S.A., Sections 212 and 2386(5)
PUBLIC HEARING: June 25,1997, 1:00 p.m., Kennebec Room, Department of Professional and Financial Regulation 124 Northern Avenue, Gardiner Annex, Gardiner, ME 04345
DEADLINE FOR COMMENTS: July 7, 1997, 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Maine Department of Professional and Financial Regulation, Bureau of Insurance 34 State House Station Augusta, ME 04333
PHONE NUMBER: (207) 624-8423
AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Sea Urchin Harvesting Season 1997-98
PROPOSED RULE NUMBER: 97-P98
CONCISE SUMMARY: For purposes of conservation pursuant to 12 M.R.S.A. Sec. 6171 and Sec. 6171-A this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 and Zone 2 for 1997-1998. For purposes of conservation pursuant to 12 M.R.S.A. Sec. 6749-C this regulation reduces the tolerance to 2 percent from 10 percent allowance for the harvesting of sea urchins less than 2 inches in the longest diameter.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. Sections 6171, 6171-A, 6749-C
PUBLIC HEARING: Public hearings on this proposal will be held for Zone 1 on Monday, June 23, 1997 at 6: 00 p.m., Department of Marine Resources Conference Room, McKown Point, W. Boothbay Harbor, Maine and for Zone 2 on Tuesday, June 24, 1997 at 6:00 p.m., Holiday Inn, Acadia Room, Ellsworth, Maine.
DEADLINE FOR COMMENTS: July 5,1997
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575
TELEPHONE: (207) 633-9584
AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Rules Governing Certification of Seed Potatoes in the State of Maine
PROPOSED RULE NUMBER: 97-P99
CONCISE SUMMARY: This rule change reduces the fees charged to seed potato producers who enter pre-nuclear seed in the Seed Potato Certification Program if they provide the labor necessary to collect leaf samples from the resultant field for disease testing. Currently that labor is provided by Department staff. If the Department provides the labor to collect the leaf samples, the current fee will apply.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA Sec. 2701-2105
PUBLIC HEARING: No hearing scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 7, 1997
AGENCY CONTACT PERSON: Terry L. Bourgoin, Director
AGENCY NAME: Division of Plant Industry
ADDRESS: 28 State House Station
TELEPHONE: 287-3891
AGENCY: 01-026 - Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Board of Pesticides Control Rules: Adoption of Proposed Chapter 28 - Pesticide Notification Registry for Outdoor Pesticide Applications and Amendment to Chapter 32 - Certification and Licensing Provisions/Private Applicators
PROPOSED RULE NUMBER: 97-P100
CONCISE SUMMARY: In Chapter 28, the Board is proposing to create a registry of persons who wish to be notified of outdoor pesticide applications in their vicinity. Individuals would have to pay an initial fee of $10.00 and an annual renewal fee of $5.00. The Board would make an annual mailing of the registry to commercial applicators who would be required to notify persons on the registry before making applications within 500 feet of their location. The Board would also make a form letter available to persons on the registry so they may use it to notify both private applicators and persons owning or living on nearby properties that they want to be notified of most pesticide applications. The proposed rule contains nine exemptions when notification will not be necessary and they include the placement of pesticides in tamper-resistant bait stations, injection of pesticides into trees or utility poles, application of pesticidal pet supplies, application of swimming, pool products or paints and stains, and the application of insect repellents to the human body. In Chapter 32, the Board is proposing to raise the license fee for a private applicators from $6.00 for a three year license to $21.00 for three years. The fee has not been raised since 1983 and a recent staff analysis showed that the costs of issuing the license and maintaining records far exceeds the current fee.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 M.R.S.A., Section 8051 et seq.; 7 M.R.S.A. Sections 601-625; and 22 M.R.S.A. Sections 1471 A-W.
PUBLIC HEARING: June 23, 1997 at 9:00 A.M. in the Penobscot/Kenduskeag Room, Ramada Inn, Exit 45B, Odlin Road, Bangor and June 27, 1997 at 9:00 A.M. in the Moosehead Room, Holiday Inn Portland West, Exit 8, 81 Riverside Street, Portland
DEADLINE FOR COMMENTS: 4:00 P.M., July 21, 1997
AGENCY CONTACT PERSON: Tammy L. Gould
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: 207-287-2731
EMAIL: aftgoul@maine.gov
FAX: 207-287-6558
ADOPTIONS
AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Chapter 8 - Standard for the Installation of Sprinkler Systems, N.F.P.A. 13 - 1996 edition.
ADOPTED RULE NUMBER: 97-169
CONCISE SUMMARY: This standard specifies minimum technical requirements for the design and installation of automatic fire sprinkler systems. Included are specifications for piping, valves and associated materials. It is an update of the existing 1991 edition to the latest 1996 edition.
EFFECTIVE DATE: June 1, 1997
AGENCY CONTACT PERSON: Karen Peterson
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 18 Meadow Road, 52 State House Station, Augusta, Maine 04333-0052
TELEPHONE: (207) 287-3473
AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Chapter 12 - Standard for the Installation of Centrifugal Fire Pumps, N.F.P.A. 20 - 1996 edition.
ADOPTED RULE NUMBER: 97-170
CONCISE SUMMARY: This standard provides minimum requirements for the design, installation and maintenance of centrifugal fire pumps that supply water to various types of fire sprinklers or standpipe systems. It is an update of the existing 1990 edition to the latest 1996 edition.
EFFECTIVE DATE: June 1, 1997
AGENCY CONTACT PERSON: Karen Peterson
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 18 Meadow Road, 52 State House Station, Augusta, Maine 04333-0052
TELEPHONE: (207) 287-3473
AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Chapter 25, National Fire Alarm Code, N.F.P.A. 72 - 1996 edition.
ADOPTED RULE NUMBER: 97-171
CONCISE SUMMARY: This national technical standard provides criteria for the installation, maintenance and performance of fire alarm systems and associated components. This standard will replace three existing rules relating to fire alarm systems with the most current edition of N.F.P.A. 72.
EFFECTIVE DATE: June 1, 1997
AGENCY CONTACT PERSON: Karen Peterson
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 18 Meadow Road, 52 State House Station, Augusta, Maine 04333-0052
TELEPHONE: (207) 287-3473
AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Chapter 239 - Standard for General Storage, N.F.P.A. 231 - 1995 edition.
ADOPTED RULE NUMBER: 97-172
CONCISE SUMMARY: This national technical standard contains requirements for storing a variety of combustible materials in commercial buildings protected by sprinkler systems.
EFFECTIVE DATE: June 1, 1997
AGENCY CONTACT PERSON: Karen Peterson
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 18 Meadow Road, 52 State House Station, Augusta, Maine 04333-0052
TELEPHONE: (207) 287-3473
AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Chapter 240 - Standard for Rack Storage of Materials, N.F.P.A. 231C - 1995 edition.
ADOPTED RULE NUMBER: 97-173
CONCISE SUMMARY: Requirements for the storage in racks of a variety of commodities are included in this standard. Its intent is to ensure the commodities are stored properly so the building's sprinkler system can provide adequate protection if a fire occurs.
EFFECTIVE DATE: June 1, 1997
AGENCY CONTACT PERSON: Karen Peterson
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 18 Meadow Road, 52 State House Station, Augusta, Maine 04333-0052
TELEPHONE: (207) 287-3473
AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Chapter 241-Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems N.F.P.A. 25 - 1995 edition.
ADOPTED RULE NUMBER: 97-174
CONCISE SUMMARY: Requirements for the periodic inspection, testing and maintenance of sprinkler systems and other water-based fire fighting equipment are provided. The standard applies to sprinklers, standpipe and hose systems, private fire service mains, fire pumps, water storage tanks, valves and other fire department connections. This is an update from the existing edition to the latest 1995 edition.
EFFECTIVE DATE: June 1, 1997
AGENCY CONTACT PERSON: Karen Peterson
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 18 Meadow Road, 52 State House Station, Augusta, Maine 04333-0052
TELEPHONE: (207) 287-3473
AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Chapter 242 - Standard for Storage of Rubber Tires, N.F.P.A. 231D - 1994 edition.
ADOPTED RULE NUMBER: 97-175
CONCISE SUMMARY: Because of the combustible nature of rubber tires, this technical standard specifies how they can be stored indoors. The standard also provides requirements for sprinkler systems or foam-based fire protection systems to be followed if tires are stored.
EFFECTIVE DATE: June 1, 1997
AGENCY CONTACT PERSON: Karen Peterson
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 18 Meadow Road, 52 State House Station, Augusta, Maine 04333-0052
TELEPHONE: (207) 287-3473
AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Chapter 243 - Standard for the Installation of Sprinkler Systems in One - and Two - Family Dwellings and Manufactured Homes N.F.P.A. 13D - 1996 edition.
ADOPTED RULE NUMBER: 97-176
CONCISE SUMMARY: This national standard provides minimum requirements when designing and installing automatic fire sprinkler systems in certain types of dwellings. Included are criteria for system design, system components and their installation.
EFFECTIVE DATE: June 1, 1997
AGENCY CONTACT PERSON: Karen Peterson
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 18 Meadow Road, 52 State House Station, Augusta, Maine 04333-0052
TELEPHONE: (207) 287-3473
AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Chapter 244 - Standard for the Storage of Roll Paper N.F.PA. 23 IF - 1996 edition.
ADOPTED RULE NUMBER: 97-177
CONCISE SUMMARY: Because of the flammable characteristics of roll paper, this national technical standard was developed. It includes provisions for storing bulk amounts of such materials in buildings equipped with fire sprinkler systems.
EFFECTIVE DATE: June 1, 1997
AGENCY CONTACT PERSON: Karen Peterson
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 18 Meadow Road, 52 State House Station, Augusta, Maine 04333-0052
TELEPHONE: (207) 287-3473
AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Chapter 245 - Standard for the Installation of Sprinkler Systems in Residential Occupancies Up To and Including Four Stories in Height, N.F.P.A. 13R 1996 edition.
ADOPTED RULE NUMBER: 97-178
CONCISE SUMMARY: This national standard provides minimum requirements to be followed when designing and installing automatic fire sprinkler systems for use in multi-family dwellings. Included are criteria for system design, installation and maintenance. The standard will be an update from the existing 1991 edition to the latest 1996 edition.
EFFECTIVE DATE: June 1, 1997
AGENCY CONTACT PERSON: Karen Peterson
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 18 Meadow Road, 52 State House Station, Augusta, Maine 04333-0052
TELEPHONE: (207) 287-3473
AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #332 Medicaid Eligibility Manual - State Supplement Rule on First Month of Payment and Client Cost of Care in a Residential Care Facility
ADOPTED RULE NUMBER: 97-179
CONCISE SUMMARY: State Supplement Rule on First Month of Payment and Client Cost of Care in a Residential Care Facility. This rule was previously proposed and published in this newspaper. A hearing has been requested by 5 or more people and has been scheduled.
EFFECTIVE DATE: June 1, 1997
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
AGENCY: 04-059 - Maine Department of Conservation, Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Amendment of an existing Chapter: 04-059, Chapter 1; Rules for State Parks and Historic Sites
ADOPTED RULE NUMBER: 97-180
CONCISE SUMMARY: The amendment proposes to designate specific sites in the Penobscot River Corridor for commercial whitewater outfitters to launch and retrieve watercraft.
EFFECTIVE DATE: May 27, 1997
CHAPTER NUMBER AND TITLE: Amendment of an existing Chapter: 04-056, Chapter 2; Rules and Regulations for Lunch and Campsites in the Penobscot Corridor, Lobster Lake and Chesuncook Lake
ADOPTED RULE NUMBER: 97-181
CONCISE SUMMARY: The amendment proposes three changes. The first change is to make the fees in the Penobscot River Corridor equal to those in the Allagash Wilderness Waterway. This will mean an increase from $3.00 per person per night to $4.00 per person per night for Maine residents and an increase from $4.00 per person per night to $5.00 per person per night for nonresidents. The Penobscot River Corridor provides a similar experience and similar services as the Allagash Wilderness Waterway. The increased revenue will be used to offset the increased costs of operating the Penobscot River Corridor. The second change is to make quiet time in Penobscot River Corridor campsites the same as campsites in other parks. This will help staff to limit campsite noise between 10:00 p.m. and 7:00 a.m. The final change is just a housekeeping measure to clarify where the word "site" refers to campsite so as to distinguish between campsites and other types of sites.
EFFECTIVE DATE: May 27, 1997
AGENCY CONTACT PERSON: Stephen Oliveri, Resource Administrator
AGENCY NAME: Maine Department of Conservation, Bureau of Parks and Lands
ADDRESS: 22 State House Station, Augusta 04333
TELEPHONE: 287-4912
AGENCY: 09-137 - Inland Fisheries & Wildlife
TYPE OF RULE: Repeal and Replace Existing Rule
CHAPTER NUMBER AND TITLE: Chapter 14 - Commercial Whitewater Rafting (14.07 D.7. and 14.08 A.1-3)
ADOPTED RULE NUMBER: 97-182
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife had adopted a rule establishing an order of launch for commercial whitewater rafting for 1997, as well as the allocated Sundays (in addition to the allocated days and periods in statute) for the West Branch of the Penobscot for 1997.
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7367, 7369
EFFECTIVE DATE: May 28, 1997
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: Office of Consumer Credit Regulation, and Bureau of Banking
CHAPTER NUMBER AND TITLE: Joint rule filed as: 02-030 - Office of Consumer Credit Regulation: Chapter 240; and 02-029, Bureau of Banking: Chapter 38 (Regulation 38): "Truth-in-Lending Regulation Z-2"
ADOPTED RULE NUMBERS: 97-183, 97-184
CONCISE SUMMARY: This proposed rule is promulgated jointly by the Office of Consumer Credit Regulation and the Bureau of Banking. The Regulation was originally issued by the Office of Consumer Credit Regulation in 1981 and was repromulgated in 1986,.1989, and 1992. The rule provides guidance to creditors who are subject to Maine's Truth in Lending Law (Article VIII of the Maine Consumer Credit Code) and is necessary to maintain Maine's exemption from the Federal Truth in Lending Act, which was granted pursuant to section 123 of the Act. The repromulgation adopts changes which are reflective of changes in Federal Regulation Z (credit disclosures) and Federal Regulation M (consumer lease disclosures) and ensures that the rule also addresses recent changes to the Maine Consumer Credit Code which were enacted by the Legislature.
EFFECTIVE DATE: May 28, 1997
AGENCY CONTACT PERSONS:
Office of Consumer Regulation
William N. Lund, Director
Office of Consumer Credit Regulation
35 State House Station
Augusta, Maine 04333-0035
(207) 624-8527
Bureau of Banking
Kristine M. Ossenfort, Staff Attorney
Bureau of Banking
36 State House Station
Augusta, Maine 04333-0036
(207) 624-8525

AGENCY: 02-416 - Board of Social Worker Licensure
CHAPTER NUMBER AND TITLE: 1 -Introduction
ADOPTED RULE NUMBER: 97-185
CONCISE SUMMARY: Sets forth the general provisions and purpose of all the Board's rules.
CHAPTER NUMBER AND TITLE: 2 - Definitions
ADOPTED RULE NUMBER: 97-186
CONCISE SUMMARY: Sets forth definitions of professional terms as used throughout the Board's rules.
CHAPTER NUMBER AND TITLE: 3 - Licensure
ADOPTED RULE NUMBER: 97-187
CONCISE SUMMARY: Sets forth eligibility criteria for different levels of licensure, application requirements and fees.
CHAPTER NUMBER AND TITLE: 4 - Standards of Practice
ADOPTED RULE NUMBER: 97-188
CONCISE SUMMARY: Sets forth scopes of practice for each level of licensure, requirements of continuing professional education, and specifies a code of ethics to which the Board subscribes.
CHAPTER NUMBER AND TITLE: 5 - Enforcement and Disciplinary Procedures
ADOPTED RULE NUMBER: 97-189
CONCISE SUMMARY: Stipulates that the Board adheres to the disciplinary procedure of the Office of Licensing & Registration rather than the obsolete "Division of Licensing & Enforcement" of the Department of Professional & Financial Regulation. It also sets forth the grounds upon which the Board may take disciplinary action.
EFFECTIVE DATE: May 28, 1997
AGENCY CONTACT PERSON: Elaine Thibodeau, SHS#35, Augusta, ME 04333
PHONE NUMBER: 624-8420
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