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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

June 7, 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: 90-429 - Board of Licensure of Water Treatment Plant Operators
RULE TITLE OR SUBJECT: Ch. 1, Rules Relating to the Licensure of Water Treatment and Distribution System Operators
PROPOSED RULE NUMBER: 2000-P102
CONCISE SUMMARY Amending rules to include changes mandated by the Federal Safe Drinking Water Act.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 2628
PUBLIC HEARING: June 27, 2000, Maine Motor Transport Association, 142 Whitten Road, Augusta, 9:00 a.m. - 11:00 a.m.
DEADLINE FOR COMMENTS: July 7, 2000
AGENCY CONTACT PERSON
NAME: Gary L. Geraway, Secretary to the Board
ADDRESS: Department of Human Services, 10 State House Station, Augusta, ME 04333-0010
PHONE: (207) 287-5678
TTY:(207) 287-2070


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 231, State of Maine Rules Relating to Drinking Water
PROPOSED RULE NUMBER: 2000-P103
CONCISE SUMMARY The changes to the State of Maine Rules Relating to Drinking Water involve updating the specific rule sections to coincide with the changes made by the State Legislature in the selected Maine Statutory provisions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Chapter 60 1, Subchapter 1, 2605
PUBLIC HEARING: June 27, 2000, 11:00 a.m., Maine Motor Transportation Association, 142 Whitten Road, Augusta
DEADLINE FOR COMMENTS: July 7, 2000
AGENCY CONTACT PERSON: Ebrahim Habib
AGENCY NAME: Drinking Water Program
ADDRESS: 10 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-6471


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 36.01, Herring Management Plan
PROPOSED RULE NUMBER: 2000-P104
CONCISE SUMMARY: The Department of Marine Resources is proposing changes to the herring management plan regulations to bring those regulations into compliance with the Atlantic States Marine Fisheries Commission, Amendment One to the Interstate Fisheries Management Plan for Atlantic sea herring. The definition of spawn herring would no longer include gonad maturity at stage IV and the definition for a "herring" dealer would be added. The requirements for a herring dealer permit have been clarified. The spawning area restrictions would be redefined using three discrete areas. Each area would have individual fishing restriction dates based upon the maturity of the herring or an automatic closure date. The transport exemption notification requirement would be repealed. Minor grammar and technical corrections would also be made.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, July 7, 2000
AGENCY CONTACT PERSON: David Libby
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9532


AGENCY: 12-180 - Maine Labor Relations Board
RULE TITLE OR SUBJECT:
Repeal of the following chapters:
Ch. 1, Unit Determination Rules
Ch. 2, Decertification Petition Rules
Ch. 3, Election Rules
Ch. 4, Prohibited Practice Complaint Rules
Ch. 5, Mediation Rule
Ch. 6, Fact-Finding Rules
Ch. 7, General Provisions
Replace with the following chapters:
Ch. 10, General Rules
Ch. 11, Bargaining Unit Composition and Representation Matters
Ch. 12, Prohibited Practice Complaints and Interpretive Rulings
Ch. 13, Resolution of Contract Negotiations Disputes
PROPOSED RULE NUMBER: 2000-P106
CONCISE SUMMARY The proposed rules replace all of the current rules of the Maine Labor Relations Board, the agency that assists public sector employers and employees in resolving contract negotiations disputes and enforces the public sector collective bargaining laws. The substance of the rules is generally the same; however, the format has been modified considerably to make them easier to use. The rules address: creating bargaining units, conducting elections to certify or decertify a bargaining agent, adjudicating complaints of actions that are prohibited by the laws governing collective bargaining, and providing assistance in the negotiations of collective bargaining agreements with mediators, fact finders, or arbitrators. The proposed rules also include revisions to reflect statutory changes regarding unit merger elections, and revisions to simplify procedures for filing petitions and complaints, to reduce the amount of paperwork required, and to improve the administration of the collective bargaining laws.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA 968 sub-3.
PUBLIC HEARING: Tuesday, June 27, 2000, at 9:30 a.m., Maine Labor Relations Board Hearing Room, 242 State Street, Augusta, ME 04333
DEADLINE FOR COMIMENTS: August 15, 2000
AGENCY CONTACT PERSON: Lisa Copenhaver, Counsel
AGENCY NAME: Maine Labor Relations Board
ADDRESS: 90 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2015


ADOPTIONS

AGENCY: 02-298 - Department of Professional & Financial Regulation, Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 240, Standards of Professional Practice
ADOPTED RULE NUMBER: 2000-210
CONCISE SUMMARY: The amendment identifies the current edition of the standards of professional practice with which licensees shall comply.
EFFECTIVE DATE: May 29, 2000
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Administrator
ADDRESS: Department of Professional & Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520


AGENCY: 99-420 - Maine Turnpike Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Governing the Use of the Maine Turnpike
ADOPTED RULE NUMBER: 2000-211
CONCISE SUMMARY: The Maine Turnpike Authority has amended its rules so that vehicles wider than the current width limit, presently 14 feet for mobile and modular homes and. 13 feet for all other vehicles, can travel on the Turnpike rather than on local streets and roads. When such vehicles exceed 10 feet in width in the construction zone, at least two escorts, one in front and one in the rear, will be required. The effect of this rule change will be to promote greater safety on local streets and roads by permitting Turnpike travel for all overwide vehicles and to assure greater safety of such vehicles while travelling on the Turnpike. A few minor editing changes have also been made to the rules.
EFFECTIVE DATE: May 24, 2000
AGENCY CONTACT PERSON:
Margaret Trueworthy, Secretary Treasurer, Maine Turnpike Authority, 430 Riverside Street, Portland, ME 04103
TELEPHONE: (207) 871-7771


AGENCY: 12-172 - Department of Labor, Unemployment Insurance Commission
CHAPTER NUMBER AND TITLE: Ch. l, 2, 3, 4, 5, 6, 8, 9,11, l4, l6, 19, 20, 22, 23, 25, 26, and 100 of the Rules Governing the Administration of the Employment Security Law
ADOPTED RULE NUMBER: 2000-212 to 2000-229
CONCISE SUMMARY: This rulemaking amends existing rules to make procedural changes relative to the replacement of in-person unemployment offices by telephone claims centers, to clarify definitions in the Employment Security Law, to update the rules for unemployment tax and benefits, and to establish rules of practice for telephone hearings. The rulemaking also adopts new rules on employee leasing companies and waivers of benefit overpayments. Finally, the rulemaking repeals an outdated rule on employment of aliens.
EFFECTIVE DATE: May 30, 2000
AGENCY CONTACT PERSON: Veronica Terroni
AGENCY NAME: Maine Unemployment Insurance Commission
ADDRESS: 40 Forest Falls Drive, Yarmouth, ME 04096-6905
TELEPHONE: (207) 846-2000
FACSIMILE: (207) 846-5216
TDD: 1-800-794-1110


AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 10, Rules Implementing the Federal Driver's Privacy Protection Act
ADOPTED RULE NUMBER: 2000-230
CONCISE SUMMARY: This amendment ensures compliance with the Federal Driver's Privacy Protection Act governing the disclosure of information from motor vehicle records.
EFFECTIVE DATE: June 1, 2000
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-9092


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 202, Rules Relating to Public Swimming Pools and Spas
ADOPTED RULE NUMBER: 2000-231
CONCISE SUMMARY: These rules provide for the regulation of public swimming pools and spas. They replace outdated rules and attempt to bring the regulation of pools and spas up to current standards. These rules address both the construction, maintenance and operation of pools and spas.
EFFECTIVE DATE: June 1, 2000
AGENCY CONTACT PERSON: Robert Peterson
AGENCY NAME: Division of Health Engineering
ADDRESS: 10 State House Station, Augusta ME 04330
TELEPHONE: 287-5693
TTY (207) 287-2070 Deaf/Hard of Hearing


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 210, Rules Relating to Tattooing
ADOPTED RULE NUMBER: 2000-232
CONCISE SUMMARY: These rules endeavor to protect the public health and safety by requiring people who practice the art of tattooing to obtain licenses and to show proof of having proper facilities, equipment and procedures. These rules also require that before a person can get a new license as a tattoo practitioner, they must complete an apprentice program. After January 1, 2001, all new applicants or applicants for license renewals must provide proof of having attended a bloodborne pathogen training program.
EFFECTIVE DATE: June 1, 2000
AGENCY CONTACT PERSON: Robert Peterson
AGENCY NAME: Division of Health Engineering
ADDRESS: 10 State House Station, Augusta ME 04330
TELEPHONE: 287-5693


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 612, Maine Dental Education Loan Repayment Program
ADOPTED RULE NUMBER: 2000-232
CONCISE SUMMARY: To establish the criteria to be met by dentists to enter into an agreement with the Finance Authority of Maine for the repayment of their dental education loans.
EFFECTIVE DATE: May 31, 2000
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box. 949, 5 Community Drive, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 4, Rules and Regulations Governing Boating Facilities
ADOPTED RULE NUMBER: 2000-234
CONCISE SUMMARY: The rules governing boating facilities are being repealed and replaced to:
* rephrase the wording of the some of the current sections of the rule to clarify their meaning;
* add new sections intended to protect the public and prevent inappropriate use of boating facilities
EFFECTIVE DATE: June 4, 2000
AGENCY CONTACT PERSON: Herb Hartman
AGENCY NAME: Bureau of Parks and Lands
ADDRESS: State House Station #22, Augusta, Maine 04333
TELEPHONE: 287-4961


AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 64, State Board of Education Rules for School Construction; School Revolving Renovation Fund
ADOPTED RULE NUMBER: 2000-235
CONCISE SUMMARY: These rules govern the application and approval process for projects to be considered through the School Revolving Renovation Fund; Facility Maintenance and Capital Improvement Programs; Maine School Facilities Finance Program and lease/lease/purchase of temporary interim space and small non-administrative space.
EFFECTIVE DATE: Effective date is retroactive to April 16, 1999 as authorized by the legislature in Private & Special Laws 1999 c.79.
AGENCY CONTACT PERSON: Judith Malcolm
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 287-5903
TDD: 207-287-2550


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

CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. VIII, Section 1, Cub Care
ADOPTED RULE NUMBER: 2000-237
CONCISE SUMMARY: These rule changes eliminate the requirement that Native American children pay Cub Care premiums and remove the Health Insurance Purchase Option policies which are now in Chapter VIII, Section 2.

CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. VIII, Section 2, Health Insurance Purchase Option
ADOPTED RULE NUMBER: 2000-236
CONCISE SUMMARY: The rule creates Chapter VIII, Section 2, Health Insurance Purchase Option (HIPO). The HIPO rules previously were included in Chapter VIII, Section 1, Cub Care. The rule also allows individuals to purchase retroactive coverage in the event the Department provides inadequate notice about the availability of HIPO at the time they lose Medicaid or Cub Care coverage due to income.
EFFECTIVE DATE: June 5, 2000
AGENCY CONTACT PERSON: Linda Schumacher
AGENCY NAME: Bureau of Medical Services/Division of Policy & Programs
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE:
(207) 624-5529 or 1 800-321-5557, option 1
TTY (207) 287-1828 or 1 800-423-4331 (Deaf/hard of hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 150, Section 20, Severely Affected Hospital Funds, Hospital Finance Rules.
ADOPTED RULE NUMBER: 2000-238
CONCISE SUMMARY: This is a new rule that describes the criteria for determining eligibility for and distribution of funds available to assist hospitals severely affected by Medicaid payment reductions established in P.L. 1999, c 401, Part A, Section A-1.
EFFECTIVE DATE: June 4, 2000
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: Policy and Programs
ADDRESS: 11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: 624-5521 or 1-(800) 321-5557, option 1
TTY: (207) 287-1828/1 - (800) 423-4331


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