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June 23, 1999
Rule-Making Notice

as it appears 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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) -- TANF Benefit Increases
PROPOSED RULE NUMBER: 99-P111
CONCISE SUMMARY: This rule proposes to adopt the emergency rule which on July 1, 1999:
* increases the maximum TANF benefits by 5% of the maximum payments that were in .effect on July 1, 1998 for assistance units who did not receive the earned income disregard.
* changes the disregards from monthly earnings to one hundred eight dollars and fifty percent of the remaining earnings.
* eliminates the protection of the Special Needs housing allowance associated with the 7/98 TANF benefit increase.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: July 23, 1999
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Service, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #99-08
PROPOSED RULE NUMBER: 99-P112
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., July 8, 1999, Department Of Agriculture, Food & Rural Resources, Deering Building, Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: July 8, 1999
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife

RULE TITLE OR SUBJECT: Ch. 4.04, Bear, and Ch. 4.01, Hunting Seasons on Upland Game
PROPOSED RULE NUMBER: 99-P113
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to adopt regulations regarding bear trapping. This proposal establishes the number of traps, types of traps that may be used and other restrictions that already exist but places them in a more appropriate location within the regulations. A copy of the proposal may be obtained from the agency contact person listed below. In addition, the Department is proposing to change the limit on cottontail rabbits by restricting the daily bag limit on wild hares and rabbits to 1 cottontail rabbit and the possession limit to 2 cottontail rabbits.
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: July 23, 1999

RULE TITLE OR SUBJECT: Ch. 1, Open Water Fishing Regulations
PROPOSED RULE NUMBER: 99-P114
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider amending open water fishing regulations on the Kennebec River by repealing the artificial lures only restriction from Shawmut Dam to the Donald Carter Bridge in Waterville. In addition, the Department proposes to adopt regulations for tidewater fishing which are consistent with the Maine Department of Marine Resources regulations for the Kennebec River. A copy of that proposal is available from the agency contact person listed below.
PUBLIC HEARING: July 12, 1999 @ 6:30 p.m. - Winslow High School Auditorium, 14 Danielson Street, Winslow
DEADLINE FOR COMMENTS: July 22, 1999

STATUTORY AUTHORITY: 12 M.R.S.A 7035
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201.


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 90, Conservation Areas
PROPOSED RULE NUMBER: 99-P115
CONCISE SUMMARY: The Department proposes to repeal the conservation areas located on the Dunston Branch of the Scarboro River and Turner's Bar in the town of Scarboro. The conservation efforts were successful and are now actively harvested. The conservation areas are therefore no longer necessary. Those portions of Chapter 90 enacted prior to 1979 are repromulgated for compliance with the Administrative Procedure Act and technical corrections are made throughout the chapter.

RULE TITLE OR SUBJECT: Ch. 28.01, Marine Worms, Sunday Digging Prohibited
PROPOSED RULE NUMBER: 99-P116
PONCISE SUMMARY: The proposed rule would prohibit the taking of more than 125 marine worms on Sundays. This action is taken to repromulgate a regulation enacted prior to the Administrative Procedure Act which became effective in 1979. This rule is being promulgated in accordance with that Act.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 23, 1999
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 26, Sea Urchin Maximum Size
PROPOSED RULE NUMBER: 99-P117
CONCISE SUMMARY: For purposes of conservation pursuant to 12 M.R.S.A. 6171, this regulation establishes a 3 1/2 inch maximum size limit on green sea urchins. The proposed regulation is based upon research and the joint recommendations from the Sea Urchin Zone Council and the Department. The proposed regulation would serve as a conservation measure by protecting large urchins that are known to produce large numbers of gametes (eggs, sperm). The grazing potential of the large protected urchins would also serve to reduce algal habitat which shelters predators that feed on juvenile urchins.

RULE TITLE OR SUBJECT: Ch. 26, Sea Urchin Harvesting Season 1999-2000
PROPOSED RULE NUMBER:
CONCISE SUMMARY: For purposes of conservation pursuant to 12 M.R.S.A. 6171, 6171-A and 6749-W, this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone I and Zone 2 for 1999-2000.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171, 6171-A, 6749-W
PUBLIC HEARINGS:
Zone 2: Monday, July 12, 1999 at 6:00 p.m., Holiday Inn, 215 High St., Ellsworth, Maine
Zone 1: Tuesday, July 13, 1999 at 6:00 p.m., Atrium Inn and Convention Center, Ball Room, Cook's Comer, Brunswick, Maine
DEADLINE FOR COMMENTS: July 23, 1999
AGENCY CONTACT PERSON: Margaret Hunter
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
PHONE: 207/633-9500


AGENCY: 02-383 - Department of Professional and Financial Regulation, Board of Osteopathic Licensure
RULE TITLE OR SUBJECT: Ch. 14, Continuing Medical Education
PROPOSED RULE NUMBER: 99-P119
CONCISE SUMMARY: This amendment to Chapter 14 will allow osteopathic specialists to use continuing medical education credits granted by either the AOA or the ACGME toward their statutorily required 100 hours of CME for the end of the licensure period.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 2562, 2581
PUBLIC HEARING: Thursday, July 15, 1999, 9 a.m. - 11 a.m., Lower Level Conference Room, Two Bangor Street, Augusta, ME
DEADLINE FOR COMMENTS: 4 p.m., Friday, July 30, 1999
AGENCY CONTACT PERSON: Susan E. Strout, Executive Secretary
AGENCY NAME: Maine Board of Osteopathic Licensure
ADDRESS: 142 State House Station, Two Bangor Street, Augusta, ME 04333-0142
TELEPHONE: 207/287-2480


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 99-246
CONCISE SUMMARY: Able Bodied Adults Without Dependents (ABAWDS) may receive Food Stamps for only three months in a thirty six month period unless otherwise exempt. In order to qualify to receive more benefits by being included in a 15% exempted group relating to homelessness, education, language limitation or transportation, the individual must have already received benefits for the three countable months.
EFFECTIVE DATE: July 1, 1999
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 Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 10.10 (Emergency), Clam Harvesting by Diving Prohibited
ADOPTED RULE NUMBER: 99-248
CONCISE SUMMARY: This emergency regulation makes it illegal to harvest clams with an artificial breathing device. The emergency measure is designed to protect the clam resource coast wide.
EFFECTIVE DATE: Saturday, June 12, 1999
AGENCY CONTACT PERSON: Penn Estabrook
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6550


AGENCY: 12-152 - Department of Labor, Division of Vocational Rehabilitation
CHAPTER NUMBER AND TITLE: Ch. 1 (repealed and replaced), Division of Vocational Rehabilitation Policy Manual; Ch. 551 (repealed), Home Based Care Act
ADOPTED RULE NUMBER: 99-249
CONCISE SUMMARY: The Division of Vocational Rehabilitation Policy governs the delivery of services to assist individuals with disabilities to prepare for and obtain employment. In order to implement the Federal Rehabilitation Act Amendments of 1998 and the Title I Federal Regulations, the existing Vocational Rehabilitation rules are repealed and replaced with new rules. Changes in Section 3, Appeal Process, Section 4, Eligibility, Section 6, Order of Selection, Section 7, Individualized Plan for Employment, and Section 9 Vocational Rehabilitation are based on changes to the Federal Rehabilitation Act Amendments of 1998. In addition, Chapter 551 Home Based Care Act rules are repealed, having been replaced by 10-149 Ch. 5 of the Bureau of Elder and Adult Services Policy Manual, Section 63, In Home and Community Support Services rules.
EFFECTIVE DATE: July 1, 1999
AGENCY CONTACT PERSON: Arthur P. Jacobson
AGENCY NAME: Bureau of Rehabilitation Services
ADDRESS: 150 Station House Station, Augusta, Maine 04333-0150
TELEPHONE: (207) 287-5136
TTY: 1-800-698-4440


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Maine Drinking Water Program
CHAPTER NUMBER: Ch. 231
RULE TITLE: State of Maine Rules Relating to Drinking Water
ADOPTED RULE NUMBER: 99-250
CONCISE SUMMARY: The proposed changes to the State of Maine Rules Relating to Drinking Water will ensure that all new community and new nontransient, noncommunity water systems commencing operation after October 1, 1999, demonstrate technical, managerial, and financial capacity with respect to each national primary drinking water regulation in effect, or likely to be in effect, on the date of commencement of operations.
EFFECTIVE DATE: June 25, 1999
AGENCY CONTACT PERSON: W. Clough Toppan, P.E., Director Division of Health Engineering
ADDRESS: Department of Human Services, Bureau of Health, Division of Health Engineering, 10 State House Station, Augusta, Maine 04333


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #99-07
ADOPTED RULE NUMBER: 99-251
CONCISE SUMMARY: Minimum July, 1999 producer Class I set at $14.50 and a $2.44 Northeast Interstate Dairy Compact over order price. July, 1999 Class II goes to $11.56 and Class III minimums set at $11.14. These changes were passed on in minimum prices.
EFFECTIVE DATE: July 1, 1999
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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