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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 20, 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

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 2001-P149
CONCISE SUMMARY: This rule follows federal regulations. They involve the process of establishing overpayments that occur when a household receives more Food Stamp benefits than they should have regardless of who was in error. Allotment reduction is not to take place in an applicant's first partial month of benefits, claims must be established for all errors found as a result of a Quality Control review or as a result of trafficking. Collection rate of intentional program violations is increased from 20% or $10 whichever is greater to 20% or $20, whichever is greater. Adults who turned eighteen (18) years of age during the overpayment period are only responsible for the portion beginning with their eighteenth (18th) birthday. This rule also clarifies the funding source of benefits for certain legal immigrants.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: July 20, 2001
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


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 - 2001
PROPOSED RULE NUMBER: 2001-150
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 $1,452 and the shelter allowance will be $436, effective July 1, 2001.
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 20, 2001
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: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT: Ch. 11, Late Renewals
PROPOSED RULE NUMBER: 2001-P151
CONCISE SUMMARY: This chapter establishes a uniform policy governing late renewal of professional and occupational licenses issued by the licensing boards and regulatory functions within the Office of Licensing and Registration. Licensees who renew after expiration of the license and within 90 days of expiration are required to pay a late renewal fee of $50, but will not be subject to disciplinary action for any unlicensed practice that they may have engaged in during the period of nonlicensure. Licensees who attempt to renew more than 90 days after expiration are subject to applicable administrative and judicial penalties for all unlicensed practice that occurred subsequent to expiration, and to applicable statutory provisions relating to late renewal.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 MRSA 8003(2-A)(E)
PUBLIC HEARING: Friday, July 13, 2001, 9:30 a.m., Androscoggin Room, Department of Professional & Financial Regulation, 122 Northern Avenue, Gardiner, Maine 04345
DEADLINE FOR WRITTEN COMMENTS: July 27, 2001
AGENCY CONTACT PERSON:
NAME: Jeffrey Frankel, Staff Attorney
ADDRESS: Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8615


AGENCY: 17-229 - Department of Transportation
RULE TITLE OR SUBJECT: Ch. (New), Rules Regarding Suspension from Bidding
PROPOSED RULE NUMBER: 2001-P152
CONCISE SUMMARY: This Rule is a brief statement confirming that the State of Maine Department of Transportation has the right to suspend contractors from submitting bids for public projects in their capacities as general contractors. THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 MRSA 52, 753, 4206(5)
PUBLIC HEARING: 10:00 a.m., July 10, 2001
LOCATION: Legal Division Conference Room, Department of Transportation, 16 State House Station, Augusta, ME 04333-0016
DEADLINE FOR COMMENTS: July 20, 2001
AGENCY CONTACT PERSON: Richard N. Hewes, Principal Attorney
AGENCY NAME: Department of Transportation
ADDRESS: 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: (207) 287-2681


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1.01, Open Water Fishing Regulations
PROPOSED RULE NUMBER: 2001-P153
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to re-open the season for smelt dipping on Long Lake in T17R4 (Aroostook County) during the open. water fishing season.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARING: July 9, 2001 - Van Buren Community Center, Champlain, Street, Van Buren - 6:30 p.m.
DEADLINE FOR COMMENTS: July 19, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


ADOPTIONS

AGENCY: 10-148 - Department of Human Services, Auditing, Contracting, and Licensing Service Center
CHAPTER NUMBER AND TITLE: Ch. 19, Rules Providing for the Licensing of Child Placing Agencies With and Without Adoption Programs
ADOPTED RULE NUMBER: 2001-200
CONCISE SUMMARY: The Home Certification Process amendment to the Rules Providing for the Licensing of Child Placing Agencies With and Without Adoption Programs is adopted to allow Child Placing Agencies to place children in pre-adoptive homes pending the resolution of legal impediments through a certification process. This process will expedite placement and reduce trauma for children. It will also eliminate duplicate regulation of the pre-adoptive homes since the Home Certification Process replaces the need for Foster Home licensing.
EFFECTIVE DATE: July 12, 2001
STATUTORY AUTHORNY: 22 MRSA 8201-8205, 8206
AGENCY CONTACT PERSON: Sandy Dearborn, Licensing Supervisor
AGENCY NAME: Community Services Center
ADDRESS: 11 State House Station, 221 State Street, Augusta ME 04333-0011
TELEPHONE: (207) 287-6942


AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 182, Formula for Distribution of Funds to Child Development Services (CDS) Regional Sites
ADOPTED RULE NUMBER: 2001-201
CONCISE SUMMARY: The rule governs the distribution of annual grant awards from available funds to regional intermediate educational units in accordance with a funding formula to ensure the provision of Childfind, early intervention services for eligible children birth to under age 3, and special education and related services for eligible children three to under age 6 with disabilities and their families.
EFFECTIVE DATE: July 11, 2001
AGENCY CONTACT PERSON: Joanne C. Holmes
AGENCY NAME: Department of Education
ADDRESS: 146 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-6660


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 5, Medical Fee Schedule
ADOPTED RULE NUMBER: 2001-202
CONCISE SUMMARY: This chapter outlines billing procedures and reimbursement levels to health care providers and sets standards for health care reporting. The Board repeals Appendix III that was effective on 05/01/1999 and replaced it with a new Appendix III.
EFFECTIVE DATE: July 1, 2001
AGENCY CONTACT PERSON: Isabella Tighe, Deputy Director, Medical/Rehabilitation Services
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7080


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Healthy Maine Prescriptions
ADOPTED RULE NUMBER: 2001-203
CONCISE SUMMARY: Rules on who is eligible for Healthy Maine Prescriptions. These rules are proposed pending the authorization by the Maine Legislature.
EFFECTIVE DATE: June 12, 2001
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
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


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