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Weekly Rulemaking Notices Contact Us Find It

June 5, 2002
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: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 156, Fee Structure for Over Dimensional and Overweight Loads Along with Police Escort Arrangement Information
PROPOSED RULE NUMBER: 2002-P148
CONCISE SUMMARY: This rule amendment is required due to recent legislation increasing the cost range for over limit permits which was $3.00 to $15.00. The new range will now be from $6.00 to $30.00.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA 2382
PUBLIC HEARING: June 25, 2002 at 10:00 a.m., in the Bureau of Motor Vehicles Executive Conference Room at 101 Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 5, 2002
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) 624.9000 ext. 52127


AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Ch. 27, Standards for Pesticide Applications and Public Notification in Schools
PROPOSED RULE NUMBER: 2002-P149
CONCISE SUMMARY: This proposed rule establishes procedures and standards for applying pesticides in and on school grounds. It was created by a consensus-based rule development committee formed after the Board received a request for rule-making from the Maine Toxics Action Coalition. This proposed rule will require school officials to adopt an integrated pest management (IPM) policy, designate an IPM Coordinator, post notices when applications are scheduled, and choose between either universal notification to all parents or establishment of a registry of concerned parents who wish to be notified of each pesticide application. The Board does not anticipate that providing notice via a registry will result in a financial burden for school officials.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8051 et seq., 7 MRSA 601-625 and 22 MRSA 1471-A-X.
PUBLIC HEARINGS:
9:00 a.m., Wednesday, June 26, 2002, Ramada Inn, Lewiston
9:00 a.m., Thursday, June 27, 2002, Ramada Inn, Bangor
DEADLINE FOR COMMENTS: 4:00 p.m. on Wednesday, July 17, 2002
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731
FAX: (207) 287-7548
EMAIL: robert.batteese@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/rules.htm


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual: Community Spouse Minimum Standard and Shelter Allowance - 2002
PROPOSED RULE NUMBER: 2002-P150
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 $1,493 and the shelter allowance will be $448, effective July 1, 2002,
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: July 5, 2002
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY NAME:' Department of Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: Department of Professional and Financial Regulation: 02-029, Bureau of Financial Institutions (Ch. 138), and 02-030, Office of Consumer Credit Regulation (Ch. 240) - a joint chapter
RULE TITLE OR SUBJECT: Truth in Lending, Regulation Z-2
PROPOSED RULE NUMBER: 2002-P151
CONCISE SUMMARY: This regulation, originally promulgated in 1981 and re-promulgated in 1986, 1989, 1992, 1997 and 1998 adopts the Federal Truth-in-Lending regulations by reference so as to implement Article VIII of the Maine Consumer Credit Code. These regulations describe how the cost of credit and leases must be disclosed to consumers and how billing errors must be resolved in open-end credit.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 9-A MRSA 6-104 and 9-104.
PUBLIC HEARING: To be scheduled if requested by 5 or more persons.
DEADLINE FOR COMMENTS: July 5, 2002
AGENCY CONTACT PERSON: Martine M. Ortiz, Staff Attorney
AGENCY NAME: Bureau of Financial Institutions
ADDRESS: 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8561
AGENCY CONTACT PERSON: William N. Lund, Director
AGENCY NAME: Office of Consumer Credit Regulation
ADDRESS: 35 State House Station, Augusta, ME 04333-0035
TELEPHONE: (207) 624-8527


ADOPTIONS

AGENCY: 19-498 - Department of Economic and Community Development, Office of Community Development
CHAPTER NUMBER AND TITLE: Ch. 30, Amended Program Statement for Administering the 2002 Maine Community Development Block Grant Program
ADOPTED RULE NUMMER: 2002-159
CONCISE SUAIMARY: This amended rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. Specifically, this amended rule will allocate $400,000 of State CDBG funds to establish a Downtown Initiative Grant Program (DIG) for the Town of Lincoln, Maine. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
EFFECTIVE DATE: May 28, 2002
AGENCY CONTACT PERSON: Michael D. Baran, Technical Assistance Program Manager
AGENCY NAME: Department of Economic & Community Development, Office of Community Development
ADDRESS: DECD/OCD, State House Station 59, 111 Sewall Street, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9816


AGENCY: 10-149 - Maine Department of Labor, Bureau of Rehabilitation Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder & Adult Services Policy Manual: Section 73.02, Eligibility for Services
ADOPTED RULE NUMBER: 2002-160
CONCISE SUMMARY: The Department of Labor is adopting this emergency rule to allow certain consumers in the Medicaid Home and Community-Based Waiver program to be enrolled in the state-funded Consumer Directed Home-Based Care program, as a means of restoring necessary Personal Care Attendant services that were reduced as a result of rules changes promulgated by the Department of Human Services. Approximately 50 consumers have had their Personal Care Attendant services reduced as a result of these rules. These are consumers with the most significant needs, including assistance with ventilator care, mobility, and other basic activities of daily living. Until these hours are restored, these consumers are receiving less assistance than they have been medically assessed as needing, and as such are living under an immediate threat to their health, safety and welfare.
EFFECTIVE DATE: May 23, 2002
AGENCY CONTACT PERSON: Kathleen B. Brogan, Director
AGENCY NAME: Bureau of Rehabilitation Services, Maine Department of Labor
ADDRESS: 2 Anthony Avenue, Augusta, ME 04333-0150
TELEPHONE: (207) 624-5950
TTY: (207) 624-5964


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