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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/624-7650
FAX 207/287-6545

June 6, 2001
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
There are no proposal notices this week.


ADOPTIONS

AGENCY: 01-017 - Maine State Harness Racing Commission

CHAPTER NUMBER AND TITLE: Ch. 1, Administration
ADOPTED RULE NUMBER: 2001-167
Basis Statement for Ch. 1: The Commission adopted the format change as presented in the proposed rules.
The adopted changes by the Commission to Chapter 1 included amending the definitions of terms used in Chapters 1 through 21 to clarify the intent of its rules and be consistent with other adopted rule changes. Further amendments were made to be consistent with changes by the United States Trotting Association regarding "Eligibility Certificates" which are no longer being issued and the Commission revised its rules to comply with the new process of electronic transfer of information. In addition, the provisions for "Date Assignment Hearings" was moved to Chapter 19 and "Advisory Rulings" and "Petition Forms" were moved to Chapter 21 to improve the organization of the rules.
The Commission failed to adopt the proposed change deleting the second sentence in Section 15, subsection 1. because the Commission determined that it was the Commission's responsibility to post the statutory requirements for Equine Infectious Anemia regarding the necessity of getting a Cggins Test.
The Commission failed to adopt the proposed changes to Section 22 that would have increased the penalty for the first offense from ten to sixty days and the second offense from six-6 weeks to 180 days because the Commission determined that the existing penalty has been sufficient to deter the use of drugs by participants. In addition there was no demonstrative need to adopt the proposed change.

CHAPTER NUMBER AND TITLE: Ch. 3, Officials and Race Track Personnel
ADOPTED RULE NUMBER: 2001-168
Basis Statement for Ch. 3: The Commission adopted the format change as presented in the proposed rules.
The adopted changes by the Commission to Chapter 3 were made to clarify language and effectuate the correct interpretation of the rule. The changes consist duties, responsibilities, restrictions on licensed officials and conflicts of interest in the conduct of the live racing in the State of Maine. The rule changes were made to improve regulation and the conduct of harness racing and off-track betting in the State of Maine as was deemed necessary to meet the industry's changing needs and standards.
It was determined by the Commission that the proposed change to Section 4 to disallow the use of owners, trainers and/or drivers as officials would cause an undue hardship on the racing facilities because most of Maine's licensed officials are owners and/or trainers. The Commission indicated that the existing language was sufficient to address an official's potential conflict of interest.

CHAPTER NUMBER AND TITLE: Ch. 5, Tracks
ADOPTED RULE NUNBER: 2001-169
Basis Statement for Ch. 5: The Commission adopted the format change as presented in the proposed rules.
The adopted changes by the Commission to Chapter 5 were made to clarify the responsibilities of track management regarding program information, racing equipment and the distribution of purse money. The changes in Chapter 5 also accommodate the changing needs and standards of today's industry that are deemed necessary for the conduct of live racing in the State of Maine.

CHAPTER NUMBER AND TITLE: Ch. 7, Racing
ADOPTED RULE NU'NIBER: 2001-170
Basis Statement for Ch. 7: The Commission adopted the format change as presented in the proposed rules.
The adopted changes by the Commission to Chapter 7 were made to clarify the meaning and intent of the rules and to accommodate the changing needs and standards in today's industry and are necessary for the conduct of live racing. The Commission determined that "Eligibility Certificates" were no longer being issued by the United States Trotting Association; therefore, the Commission needed to alter its rules to comply with the new electronic transfer of information. In addition, the United States Trotting Association was now allowing horses to be identified by using a freeze brand and that the Commission's rules were amended to reflect that change. The Commission also made a rule change allowing "qualifying races" to be used as a preference date to be consistent with the new eligibility format.

CHAPTER NUMBER AND TITLE: Ch. 9, Sire Stakes
ADOPTED RULE NUNIBER: 2001-171
Basis Statement for: Ch. 9: The Commission adopted the format change as presented in the proposed rules.
The adopted changes and reorganization of Chapter 9 were made to address the requirements necessary to participate in the Maine Sire Stakes Program pertaining to eligibility requirements, eligibility fees, performance standards, purse construction, race conditions and point standings. In addition, the changes were made to make Chapter 9 more user friendly and to encourage the development a Maine strain of standard breed horses. (Note: Chapter 9 is effective June 15, 2001.)

CHAPTER NUMBER AND TITLE: Ch. 11, Medication and Testing
ADOPTED RULE NUMBER: 2001-172
Basis Statement for Ch. 11: The Commission adopted the format change as presented in the proposed rules.
The adopted changes by the Commission, to Chapter 11 were made to improve the medication and testing program. The changes address restrictions in the State testing area, test sample protocols and violations when a prohibited substance is confirmed.
The Commission failed to adopt the proposed change to Section 1, subsection 6 "failure of a trainer or authorized agent of the trainer to be present during the drawing of a test sample at or. . ." because the Commission determined that the trainer or authorized agent not being present, has no bearing in the context of the "Failure To Allow Tests" language.

CHAPTER NUMBER AND TITLE: Ch. 13, Pari-mutuel
ADOPTED RULE NUMBER: 2001-173
Basis Statement for Ch. 131: The Commission adopted the format change as presented in the proposed rules.
The adopted changes by the Commission to Chapter 13 were made to protect the interests of the wagering public, to clarify the methodology of maintaining and verifying wagering pools, establish requirements of the Mutuel Director and security in the pari-mutuel enclosure. In addition, the changes establish penalties for violation of the pari-mutuel rules, set out the types of wagers that may be offered based on the number of starting horses in a race and to establish how pari-mutuel payments are made when entries are coupled.

CHAPTER NUMBER AND TITLE: Ch. 15, Off-Track Betting
ADOPTED RULE NUMBER: 2001-174
Basis Statement for Ch. 15: The adopted changes by the Commission to Chapter 15, regulating Off-Track betting, were made to comply with existing statutory language regarding conditional. licenses to Off-Track betting facilities and to establish the number of monitors that must display the Maine live racing signal.

CHAPTER NUMBER AND TITLE: Ch. 17, Rule Violations; Penalties
ADOPTED RULE NUMBER: 2001-175
Basis Statement for Ch. 17: The Commission adopted the format change as presented in the proposed rules.
The adopted changes by the Commission to Chapter 17 were made to update racing violations, penalties and the conduct of racing participants consistent with the industry's past experience and current practices. The changes will enhance the Commission's ability to enforce racing violations to protect the integrity of live racing in the State of Maine.

CHAPTER NUMBER AND TITLE: Ch. 19, Protests, Appeals and Race Date Assignment Hearings
ADOPTED RULE NUMBER: 2001-176
Basis Statement for Ch. 19: The Commission adopted the format change as presented in the proposed rules.
The adopted changes by the Commission to Chapter 19 consist of moving the "Date Assignment Hearings" from Chapter 1 for the purpose of reorganizing the rules in a consistent manner with similar provisions found in Chapter 19 that allow for hearings relative to the conduct of live racing. In addition, the procedures for race date hearings and licensing was clarified to remove any confusion relative to the reopening of the race date proceedings.

CHAPTER NUMBER AND TITLE: Ch. 21, General Hearing Procedures
ADOPTED RULE NUMBER: 2001-177
Basis Statement for Ch. 21: The Commission adopted the format change as presented in the proposed rules.
The adopted changes by the Commission to Chapter 21 consist of removing the provisions for reconsideration in "Date Assignment Hearings," procedures for "Advisory Rulings" and "Petition Forms" from Chapter 1 to Chapter 21 to improve the organization of the rules. In addition, the period of time for reconsideration was decreased from 30 days to 10 days to establish a more efficient hearing process and to be consistent with other State agencies.

EFFECTIVE DATE: July 15, 2001
AGENCY CONTACT PERSON: Henry W. Jackson
AGENCY NAME: Maine State Harness Racing Commission
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #06-01
ADOPTED RULE NUMBER: 2001-178
CONCISE SUMMARY: Minimum June, 2001 producer Class I price is $18.24 plus $.15/cwt. Producer Cost of Production and an over order premium of $1.00/cwt. as being prevailing in southern New England for a total of $19.39. Class III minimums set at $15.25 which includes $.15/cwt. for Cost of Production. These changes were passed on in minimum prices.
EFFECTIVE DATE: June 1, 2001
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-477 - Department of Professional & Financial Regulation, Office of Licensing & Registration, Board of Occupational Therapy Practice
CHAPTER NUMBER AND TITLE:
Ch. 1, General Information
Ch. 2, Advisory Rulings
Ch. 3, Rules for the Licensure of Occupational Therapy Practice
Ch. 4, Fees
Ch. 5, Role of the Occupational Therapy Assistant and Supervision of Occupational Therapy Assistants and Temporary Occupational Therapists
Ch. 6, Renewal Requirements and Continuing Education
Ch. 7, Code of Ethics
Ch. 8, Enforcement and Disciplinary Procedures
ADOPTED RULE NUMBER: 2001-179 through 2001-186
CONCISE SUMMARY: Current Chapter 1, "Rules and Regulations," is being repealed and replaced as follows:
* Chapter 1, General Information. This Chapter will provide for the election of Board officers and the professional identification of licensees.
* Chapter 2, Advisory Rulings. This Chapter will provide for the issuance of advisory rulings by the Board.
* Chapter 3, Rules for the Licensure of Occupational Therapy Practice. This Chapter will contain the requirements and procedures for the issuance of permanent and temporary licenses for the practice of occupational therapy.
* Chapter 4, Fees. This Chapter will list the license fees charged by the Board. The Board may repeal existing fee provisions in the event that OLR establishes fees for this board directly pursuant to 10 MRSA 8003(2-A)(D).
* Chapter 5, Role of the Occupational Therapy Assistant and Supervision of Occupational Therapy Assistants and Temporary Occupational Therapists. This Chapter will describe the permissible duties of the Occupational Therapy Assistants and the duties of Occupational Therapists in the supervision of their Assistants.
* Chapter 7, Code of Ethics. This Chapter will set forth rules regarding the code of ethics for licensed Occupational Therapists and Occupational Therapy Assistants, by adopting the Occupational Therapy Code of Ethics published by the American Occupational Therapy Association.
* Chapter 8, Enforcement and Disciplinary Procedures. This Chapter will describe the procedure by which complaints and investigations will be handled by the board.
Current Chapter 2, "Continuing Professional Education Requirements for Renewal of Licensure in Occupational Therapy," will be renamed as Chapter 6, "Renewal Requirements and Continuing Education." It will outline the requirements for license renewal and for continuing professional education, establish the hours of continuing education needed for re-licensure, define the different categories of continuing education activities which will be accepted, and explain the approval process.
EFFECTIVE DATE: June 3, 2001
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Administrator
ADDRESS: Office of Licensing & Registration, 35 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Radiation Control Program
CHAPTER NUMBER AND TITLE: Ch. 220, Rules Relating to Radiation Protection
ADOPTED RULE NUMBER: 2001-187
CONCISE SUMMARY: The proposed revision to the current State of Maine Regulations Relating to Radiation Protection makes the State compatible with the Federal Nuclear Regulatory Commission and Federal Food and Drug Administration regulations and clarifies the requirements for industrial x-ray users in the state.
EFFECTIVE DATE: August 1, 2001
AGENCY CONTACT PERSON:
NAME: W. C. Toppan, P.E., Division Director, Radiation Control Program
ADDRESS: 10 State House Station, Augusta, Maine 04333-0010
PHONE: (207) 287-5676


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services

RULE TITLE OR SUBJECT: Ch. 106, Maine Drugs for the Elderly Program
ADOPTED RULE NUMBER: 2001-188
CONCISE SUMMARY: This emergency rule repeals the current rule governing the Low-Cost Drugs for the Elderly Program. It is being replaced by a new section of the Maine Medical Assistance Manual, Chapter IX, Section 2 which integrates the Low-Cost Drugs for the Elderly and Disabled Program into the State's new drug waiver program, Healthy Maine Prescriptions. In parallel, the Department is promulgating proposed rules that will be finalized by the end of the 90-day period during which this rule is in place.

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2001-189
CONCISE SUMMARY: This emergency rule implements the State's new drug waiver program, Healthy Maine Prescriptions Program, and integrates the existing Low-Cost Drugs for the Elderly and Disabled Program into Healthy Maine Prescriptions. In parallel rulemaking, the Department is promulgating proposed rules, which will be finalized by the end of the 90-day period during which this emergency rule is in place.

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. IX, Section 1, Healthy Maine, Prescriptions; and Section 2, Drugs for the Elderly Program
ADOPTED RULE NUMBER: 2001-190
CONCISE SUMMARY: This emergency rule is a new rule which implements the State's federally approved drug waiver. This waiver allows individuals with household income under 300% of poverty to purchase prescription drugs at a reduced price. Section 2 of this new rule also integrates the existing Low-Cost Drugs for the Elderly and Disabled Program into Healthy Maine Prescriptions. In parallel, the Department is promulgating proposed rules, which will be finalized by the end of the 90-day period during which this emergency rule is in place.

EFFECTIVE DATE: June 1, 2001
AGENCY CONTACT PERSON: Marianne Ringel, Director, Policy and Programs
AGENCY NAME: Bureau of Medical Services
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5518
TTY 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


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