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June 24, 1998
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: 04-061 - Department of Conservation, Land Use Regulation Commission (LURC)
RULE TITLE OR SUBJECT: Ch. (New), Rules to Implement Watercraft Ban on Certain Lakes
PROPOSED RULE NUMBER: 98-P119
CONCISE SUMMARY: In the most recent session of the Legislature, legislation was passed and signed into law (Public Law 1998, Chapter 739) which prohibits the operation of personal watercraft on 245 lakes within the Maine Land Use Regulation Commission's jurisdiction. The Commission will hold a public hearing on proposed rules to implement this legislation at the times and locations noted below. This legislation also requires the Commission, the Department of Inland Fisheries and Wildlife, and the Bureau of Parks and Lands to prepare a joint report no later than January 1, 1999, to the Legislature on the regulation of surface water uses on waters within the Commission's jurisdiction. The report must describe the authority of each agency to regulate surface water uses and may include recommendations for surface water use regulations on other specific water bodies or classes of water bodies within the Commission's jurisdiction. The Commission will use information obtained through the public hearing as a basis to recommend additional lakes where the operation of personal watercraft should be restricted or to recommend that the prohibition on their use on certain lakes be repealed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Chapter 206-A
PUBLIC HEARING: The hearings will be held:
Wednesday, July 15, 1998, Rangeley Inn, Main Street, Rangeley
Tuesday, July 28, 1998, Greenville High School Gymnasium, Pritham Ave., Greenville
Thursday, August 6, 1998, Shiretown Atrium Restaurant, North Road, US 1, Houlton
Wednesday, August 19,1998, Holiday Inn, 215 High Street, US 1A, Ellsworth
Each session will begin at 6:00 p.m. All interested persons are invited to attend and offer testimony. Time limits on oral testimony may be imposed in order to allow all who care to testify to do so.
DISABILITIES: Persons with disabilities planning to attend a hearing are requested to inform the Commission in advance so that arrangements can be made for services they may require.
DEADLINE FOR COMMENTS: The hearing record will remain open until Thursday, September 3, 1998, to allow interested persons to file written statements with the Commission, and for an additional 7 days, until Thursday, September 10, 1998, to allow interested persons to file written statements in rebuttal of statements filed during the open comment period.
AGENCY CONTACT PERSON: Fred Todd
AGENCY NAME: Maine Land Use Regulation Commission
ADDRESS: 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: 207-287-2631 or 1-800-452-8711
INTERNET ADDRESS: fred.todd@maine.gov
John S. Williams, Director
Maine Land Use Regulation Commission

AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Disease Control
RULE TITLE OR SUBJECT: Ch. 251, Rules Governing Rabies Management
PROPOSED RULE NUMBER: 98-P121
CONCISE SUMMARY: The purpose of the proposed rule changes is to clarify the references made to isolation, confinement and quarantine of an animal involved in a rabies exposure. The words isolation and confinement have been removed and substituted with "quarantine". The new rules also allow for quarantine of animals in the home rather than only in a licensed kennel or veterinary hospital. Ferrets are now included in any reference made to cats and dogs and are no longer a distinct entity when rabies exposure is an issue. The need for building a "home quarantine pen" per manual specifications is no longer required as it was felt to be unrealistic. Lastly, the rules were changed to ensure that if an animal is removed from the quarantine facility during the quarantine period, the animal be on a tether no longer than 6 feet.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 1313, 1313-A, 1313-B
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 27,1998
AGENCY CONTACT PERSON:
Diane Williams, R.N., Disease Control, 11 State House Station, Augusta, ME 04333
TELEPHONE: 287-5192


AGENCY: 02-285 - Department of Professional and Financial Regulation, Board of Veterinary Medicine
RULE TITLE OR SUBJECT:
Ch. 1: Licensing of Veterinarians
Ch. 2: Registration of Animal Technicians
Ch. 8: Fees
PROPOSED RULE NUMBER: 98-P122
CONCISE SUMMARY: Chapter 1 - amends the fees identified in this chapter; Chapter 2 - amends the fees identified in this chapter; Chapter 8 - sets forth the level of fees to be collected for applications, examinations, and licenses for veterinarians and animal technicians.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 4859(1), 4859(3), 4859(4), 4859(6), 4861, 4863, 4865, and 4871(2)
PUBLIC HEARING: July 15, 1998, 9:00 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: July 27, 1998
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8625


AGENCY: 03-201 - Department of Corrections
RULE, TITLE OR SUBJECT: Ch. 10, Sec. 6.6, Restitution: A. work release, Payment of Restitution or Fines; B. Payment of Restitution or Fines from Other Sources
PROPOSED RULE NUMBER: 98-P123
CONCISE SUMMARY: This rule applies to all prisoners who have court ordered restitution, whether as a separate sentence or as a condition of probation. It also applies to all prisoners who have a court ordered fine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 17-A M.R.S.A., Section 1330
PUBLIC HEARING: July 14, 1998, 1:00 p.m. Room 400, State Office Building, Augusta
DEADLINE FOR COMMENTS: August 14, 1998
AGENCY CONTACT PERSON: Denise Giles, Victim Services Coordinator
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4385


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 13, Watercraft (Motor Size Regulations on Certain Inland Waters)
PROPOSED RULE NUMBER: 98-P124
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to schedule a public hearing to consider the following watercraft regulations: SPECTACLE POND, Augusta and Vassalboro, Kennebec County: Motorboats over 10 horsepower prohibited.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Section 7792
PUBLIC HEARING: July 13,1998, Vassalboro Town Office - 6:30 p.m.
DEADLINE FOR COMMENTS: July 23,1998
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Chapters II & III, Section 110, Speech Pathology Services
PROPOSED RULE NUMBER: 98-P125
CONCISE SUMMARY: This proposed rule adds items relating to augmentative communication evaluation under covered services, clarifies non-covered areas, expands the definition of qualified staff to include speech language pathology assistants, allows for payment of interpreter services, and related minor editing changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: Date: July 16 1998. Time: 1:30 p.m. Location: 2nd Floor Conference Room, 35 Anthony Avenue, Augusta, Me.
DEADLINE FOR COMMENTS: July 27, 1998
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy & Programs
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514, or at 207-287-1828 (TTY)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 106, Rules for the Maine Drugs to the Elderly Program
PROPOSED RULE NUMBER: 98-P126
CONCISE SUMMARY: This proposal removes Appendix 1 of the rule for the Maine Drugs to the Elderly Program, a list of drugs by generic name which are reimbursable, and replaces it with a list of covered illnesses. Drugs are reimbursed for the covered illnesses if their use conforms to OBRA 90 requirements and the manufacturer participates in the Low Cost for the Elderly (DEL) rebate program. Also, the name of the Bureau of Taxation referenced in the rule is changed to Bureau of Revenue Services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: Date: July 15 1998; Time: 1:30 p.m.; Location: 2nd Floor Conference Room, 35 Anthony Avenue, Augusta, Me.
DEADLINE FOR COMMENTS: July 27, 1998
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy & Programs
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514, or at 207-287-1828 (TTY)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual; Chapter III, Section 96, Private Duty Nursing & Personal Care Services
PROPOSED RULE NUMBER: 98-P127
CONCISE SUMMARY: The following changes to Chapter III, Sec. 96, Private Duty Nursing & Personal Care Services, Maine Medical Assistance Manual are proposed: effective for covered services delivered on or after July 1, 1998, reimbursement for Registered Nurse services shall be increased to $15.00 per 1/2 hour and reimbursement for Licensed Practical Nurse services shall be increased to $11.20 per 1/2 hour.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING; None scheduled unless requested in writing by 5 or more individuals.
DEADLINE FOR COMMENTS: Written comments will be accepted through July 24, 1998
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 624-5519
TTY: (207) 287-1828 or 1-800-423-4331


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT: Repeal and Replace Ch. 1 - Procedures (New Sec. 7. Accelerated Reporting Schedule); (New Sec. 8. Reports of Independent Expenditures). Repeal and Replace Ch. 2 - Hearing Procedures (non-substantive formatting changes); New Ch. 3 - Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 98-P128
CONCISE SUMMARY: Chapter 1 repeals and replaces the existing rule, making revisions to reflect the new composition of the Commission's membership, and adding new Section 7 to provide for accelerated reporting requirements and Section 8 regarding reports of independent expenditures made necessary by the Maine Clean Election Act. Chapter 2 repeals and replaces the existing rule, making only non-substantive formatting changes. Chapter 3 is new and establishes the implementing procedures for the Maine Clean Election Act and related provisions including: definitions; procedures for participation in the Act; certification of participating candidates; fund administration; distribution of funds to certified candidates; recordkeeping and reporting requirements; and procedures for recounts, vacancies, and special elections.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES. Municipal voting officials (Registrars) will be involved in the process of certifying the registration of voters who make qualifying contributions to participating candidates. Fiscal impact is expected to be minimal.
STATUTORY AUTHORITY: 21-A M.R.S.A. Chapter 14; 1 M.R.S.A. 1002, as amended; 1 M.R.S.A. 1003; 21-A M.R.S.A. 1017(3-B); and 21-A M.R.S.A. 1019
PUBLIC HEARINGS: July 13, 1998, 1:30 p.m., Augusta, ME (State Office Bldg., Rm. 113); July 16, 1998, 1:30 p.m., Portland, ME (Call 5 days before for location); July 22, 1998, 9:30 a.m., Bangor, ME (Call 5 days before for location)
DEADLINE FOR COMMENTS: 5:00 p.m. Friday, August 28, 1998 (Mail to Agency Contact Person)
AGENCY CONTACT PERSON: William C. Hain III, Executive Director
AGENCY NAME: Commission on Governmental Ethics and Election Practices
ADDRESS: 135 State House Station, Augusta, ME 04333-0135
TELEPHONE: (207) 287-6219


AGENCY: 02-164 - Department of Professional & Financial Regulation, Board of Hearing Aid Dealers and Fitters
RULE TITLE OR SUBJECT:
Ch. 1, General Provisions
Ch. 2, Licensing Procedure
Ch. 3, Application and Examination Process
Ch. 4, Complaints
Ch. 5, Initial License and Renewal Fees
Ch. 6, Calibration Standards
Ch. 7, Code of Ethics
PROPOSED RULE NUMBER: 98-P129
CONCISE SUMMARY: Through the implementation of these changes:
* A time-frame of twelve months is established, within which a test utilizing appropriate established procedures must have been administered, and a resulting evaluation of hearing loss must have been conducted, prior to the sale of a hearing aid to a prospective use.
* The requirement that the Board contact potential references on behalf of applicants is rescinded; instead, it will be the responsibility of the applicant to furnish same.
* Effective 1/1/99, requirements regarding the qualifications of individuals employed by businesses are introduced.
* Fees are being increased to the statutory cap in order to enable the Board to meet anticipated and ongoing expenses and to carry-out its regulatory mandate.
* The requirement to record calibration data near, or upon, the instrument is eliminated.
* The Code is updated, and its provisions are grouped by subject-area, for ease-of-reference.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 MRSA, Chapter 23-A, 1660-B, sub-9.
PUBLIC HEARING: Tuesday, July 14, 1998 at 9 a.m., Central Conference Room, Department of Professional & Financial Regulation, 122 Northern Ave., Gardiner, ME 04345
DEADLINE FOR WRITTEN COMMENTS: Friday, July 24, 1998
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Health Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 05-071 - Department of Education - State Board of Education
RULE TITLE OR SUBJECT: Ch. 115, Certification of Educational Personnel: Standards & Procedures and Endorsements & Certificates
PROPOSED RULE NUMBER: 98-P131
CONCISE SUMMARY: In Chapter 115, Part 1, Section 1.4(LLL) the definition of "tutor" is being added. Section 14.13 established an optional educational technician authorization system for documentation of local professional development. Section 23.1 requires school psychological services providers maintain their another professional license. Section 25.2 allows the issuance of a three year certificate to school psychological service providers. In Chapter 115, Part II, a new endorsement Teacher of Young Children with Disabilities (Birth school age 5) is proposed, while amendments are proposed to industrial arts/technology endorsement and the school psychological services provider certificate.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A M.R.S.A. 13011(1), 13013(2-A)(D), and 13023(5)
PUBLIC HEARING: July 15, 1998, from 4:00 to 5:00 p.m. at the Pine Tree State Arboretum, 153 Hospital Street, Augusta, Maine.
DEADLINE FOR COMMENTS: August 17, 1998
AGENCY CONTACT PERSON: Nancy T. lbarguen
AGENCY NAME: Department of Education
ADDRESS: Certification and Placement, 23 State House Station, Augusta, ME 04333-0023
PHONE NUMBER: 207-287-5944
TDD: 207-287-2550


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (AFDC), Increased TANF Benefits
ADOPTED RULE NUMBER: 98-258
CONCISE SUMMARY: This policy:
* increases maximum TANF benefits for assistance units who do not receive the earned income disregard by 5% of the January 1, 1998 maximum payments beginning July 1, 1998;
* allows the assistance unit whose Special Needs (SN) housing payment would be reduced or terminated because of the 5% TANF benefit increase on July 1, 1998 to continue to receive their June 1998 SN payment until the next change in their household would have made them ineligible for the 6/98 SN payment;
* changes the name of the 185% pretest to gross income test.
EFFECTIVE DATE: July 1, 1998
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (AFDC), Miscellaneous Policy
ADOPTED RULE NUMBER: 98-260
CONCISE SUMMARY: This rule:
* allows an allocation from unearned income equal to the full need for the support of an excluded stepparent.
* removes the obsolete language from Transitional Medicaid policy.
* clarifies that the Federal Poverty Level is used in the 185% test associated with
Transitional Medicaid.
* corrects the length of time a former TANF/PaS recipient has to request
Transitional Transportation.
* clarifies that earned income disregards are not applied for any month an individual is sanctioned for noncompliance of any TANF/PaS requirement.
* corrects typographical errors.
EFFECTIVE DATE: July 1, 1998
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
Telephone Number: 287-5089
TTY: (207) 287-6948


AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 140, Part 70, Air Emission License Regulations (Amendments)
ADOPTED RULE NUMBER: 98-259
CONCISE SUMMARY: The Department of Environmental Protection has amended Chapter 140 to incorporate by reference the nitrogen oxides control requirements from Title IV of the 1990 Clean Air Act Amendments. Title IV established a program to reduce acid deposition through reductions in annual emissions of sulfur dioxide and nitrogen oxides emissions. The Department previously incorporated the Title IV sulfur dioxide provisions within Chapter 140; this amendment now incorporates the recently issued rules on nitrogen oxides emissions.
EFFECTIVE DATE: June 17, 1998
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality Control
ADDRESS: 17 State House Station, Augusta, Me 04333
TELEPHONE: 207/287-2437


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