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Weekly Rulemaking Notices Contact Us Find It

June 26, 2002
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: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: St. John River Resource Protection Plan Renewal
PROPOSED RULE NUMBER: 2002-P164
CONCISE SUMMARY: In 1982 the landowners along the St. John River petitioned the Commission to and the Commission did approve a P-RP, Resource Protection Plan Subdistrict, for the main stem of the St. John River from the outlet of Baker Lake down to the Town of Allagash. That Resource Plan had an initial term of 10 years and was renewed in 1992 for a second 10-year term. With the current plan about to expire, the current landowners along the river continue to have an interest in insuring that the special values of the St. John are recognized by such a plan and continue to find value in the joint public/private advisory committee which the plan establishes as a means to oversee implementation of the plan. The proposed update and revisions to the plan would, if eventually approved by the Commission, apply for the next 10 years. A draft of the plan is availabfe- from the address below or on the internet at http://www.maine.gov/doc/lurc/events/events.htm
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 685-A, Subsection 8-B
PUBLIC HEARING: No public hearing will be held.
DEADLINE FOR COMMENTS: July 26, 2002. Comments may be mailed or emailed to address below.
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, 22 State House Station, Augusta, Maine 04333
E-MAIL: fred.todd@maine.gov
TELEPHONE: (207) 287-4932


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 221, Cervids Importation Embargo
PROPOSED RULE NUMBER: 2002-P165
CONCISE SUMMARY: This rule outlines the provisions for the embargo of cervids into Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 1331(6) and Ch. 303
PUBLIC HEARING: Department of Agriculture, Room 319, Deering Building, Augusta, Maine, July 16, 2002 at 10:30 a.m.
DEADLINE FOR COMMENTS: July 26, 2002
AGENCY CONTACT PERSON: Shelley Doak, Director
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-7610


AGENCY: Department of Public Safety:
16-163 - Bureau of Emergency Medical Services
16-219 - Bureau of the Fire Marshal
16-222 - Bureau of the Maine State Police
RULE TITLE OR SUBJECT: 16-163: Ch. 451 15, Death Benefits for Emergency Medical Services Persons Who Die in the Line of Duty
16-219: Ch. 50, Death Benefits for Firefighters Who Die in the Line of Duty
16-222: Ch. 19, Died While in the Line of Duty Death Benefits for Law Enforcement Officers
PROPOSED RULE NUMBER: 2002-P166, 2002-P167, 2002-P168
CONCISE SUMMARY: These rules are proposed in order to identify the requirements that must be followed in order for a surviving child, spouse or parent of an Emergency Medical Services person, Firefighter or Law Enforcement Officer who died while in the line of duty to receive a death benefit from the State.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 25 MRSA Ch. 195-A 1612.8
PUBLIC HEARING: A public hearing will be held on Wednesday, July 17, 2002, at 3:00 p.m. at the Maine EMS Conference Room, 16 Edison Drive, Augusta, Maine
DEADLINE FOR COMMENTS: July 27, 2002
AGENCY CONTACT PERSON: Drexell White
AGENCY NAME: Maine Emergency Medical Services
ADDRESS: 16 Edison Drive, Augusta, ME 04330
TELEPHONE: (207) 287-3953


AGENCY: 94-457 - Finance Authority of Maine

RULE TITLE OR SUBJECT: Ch. 307, Amendment 5, Maine Seed Capital Tax Credit Program
PROPOSED RULE NUMBER: 2002-P169
CONCISE SUMMARY: The changes made by this amendment are necessary to implement the statutory changes to the program made by PL 2002, Ch. 642, including, without limitation, allowing a 60% credit for investments in businesses in high unemployment areas, and requiring annual reporting by participating companies.
STATUTORY AUTHORITY: 10 MRSA 969-A(14); 10 MRSA 1100-T
DEADLINE FOR COMMENTS: Written comments will be accepted on or before July 29, 2002.

RULE TITLE OR SUBJECT: Ch. 314, Regional Economic Development Revolving Loan Program (Amendment 3)
PROPOSED RULE NUMBER: 2002-P170
CONCISE SUMMARY: The Amendment is necessary to incorporate changes to the program mandated by PL 2002 Ch. 639, to increase the maximum disbursement to eligible economic development organizations and increase the fees such entities may charge for administrative costs.
STATUTORY AUTHORITY: 10 MRSA 969-A(14);10 MRSA 1026-M(11); P.L. 2002, Ch. 639
DEADLINE FOR COMMENTS: Written comments are requested on or before July 18, 2002, and are due on or prior to July 29, 2002. Oral or written comments may be presented at the hearing.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: 11:00 a.m., July 18, 2002, Finance Authority of Maine, 5 Community Drive, Augusta, Maine
AGENCY CONTACT PERSON:
Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 24, Licensed Guides
PROPOSED RULE NUMBER: 2002-P171
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing to amend regulations regarding the classification and testing of guides. The proposal will establish a procedure for guides to receive Master certification in any of the Specialized Classifications (hunting, fishing, recreational, sea-kayaking, and tidewater). Guides licensed currently in the Master Classification will be grandfathered and shall retain that certification under the new rule. Testing procedures are proposed to be changed by requiring applicants to take the oral board portion of the test first and then the written test for the specific classification for which they are applying. A complete copy of the proposal may be obtained from the agency contact person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035 and 7314
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: Written comments will be accepted through July 26, 2002.
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201


ADOPTIONS

AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 5, Medical Fees: Reimbursement Levels; Reporting Requirements
ADOPTED RULE NUMBER: 2002-136 (refiled)
CONCISE SUMMARY: This chapter outlines billing procedures and reimbursement levels to health care providers and sets standards for health care reporting. The Board is amending the medical fee schedule to incorporate the 2002 Physician's Current Procedural Terminology and the 2002 Medicare RBRVS: The Physician's Guide; and proposing to include Acupuncturist as a Health Care Provider/Practitioner. This proposal also removes language in 6(8) that was included in the last printing of the rule but has not been adopted by the Board.
EFFECTIVE DATE: July 1 2002
AGENCY CONTACT PERSON: Melinda Porter, Administrative Assistant
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7080


AGENCY: 06-481 - Department of Environmental Protection, Board of Underground Storage Tank Installers

CHAPTER NUMBER AND TITLE: Ch. 1, Administrative Rules
ADOPTED RULE NUMBER: 2002-201
CONCISE SUMMARY: These amendments will make standards of practice and other administrative provisions now applicable to all other certified individuals also applicable to new class of underground storage tank inspectors.

CHAPTER NUMBER AND TITLE: Ch. 2, Rules of Practice and Procedure Governing Adjudicatory Proceedings
ADOPTED RULE NUMBER: 2002-202
CONCISE SUMMARY: These amendments will make rules of practice and procedure governing adjudicatory proceedings now applicable to all other certified individuals also applicable to new class of underground storage tank inspectors.

CHAPTER NUMBER AND TITLE: Ch. 5, Certification of Underground Gasoline Tank Removers
ADOPTED RULE NUMBER: 2002-203
CONCISE SUMMARY: These rules specify the certification process and requirements for underground gasoline tank removers. Amendments would seek to obtain consistency with 32 MRSA 10010.5B by extending allowable tanks for on-site certification exams to heating oil tanks and correct a substantive error.

CHAPTER NUMBER AND TITLE: Ch. 6, Certification of Underground Oil Storage Tank Inspectors
ADOPTED RULE NUMBER: 2002-204
CONCISE SUMMARY: These rules specify the requirements and process for certifying underground oil storage tank inspectors.

EFFECTIVE DATE: June 19, 2002
AGENCY CONTACT PERSON: James Hynson
AGENCY NAME: Maine Board of Underground Storage Tank Installers
ADDRESS: c/o Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7889


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
ADOPTED RULE NUMBER: 2002-205
CONCISE SUMMARY: These rules redefine the requirement for the disposal of Schedule II through V controlled substances. Currently, nursing facilities are required to destroy Schedule II through V controlled substances in the presence of a representative of the Department, a Maine Licensed Pharmacist, a member of the Board of Pharmacy or a Federal Drug Enforcement Agency Agent. This has created a burden for the nursing facilities, which must store a high volume of controlled drugs while waiting for the proper authority to destroy them. These final rules return the destruction requirements in the presence of the proper authority to only Schedule II controlled substances. Schedule III through V controlled substances shall be destroyed by the Director of Nursing, or a designee, and shall be witnessed by a, licensed member of the nursing staff.
EFFECTIVE DATE: July 1, 2002
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Drive, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 287-9300
TTY: (207) 287-9312 (Deaf/Hard of Hearing)
FAX: (207) 287-9304


AGENCY: 02-059 - Department of Conservation, Bureau of Parks and Lands
TYPE OF RULE: Amendment of existing rule
CHAPTER NUMBER AND TITLE: Ch. 54, Bear Baiting on Public Lands
ADOPTED RULE NUMBER: 2002-206
CONCISE SUMMARY: The Bureau of Parks and Lands has amended its rules on bear baiting to: increase permit fees by $10. per bait site; require GPS locations for each bait site; change the permit application period to June 1 through June 30 annually; require renewal of reservable bait sites by May 31 annually; and synchronize the 3 year site renewal period to a fixed 3 year schedule beginning in 2004.
EFFECTIVE DATE: June 23, 2002
AGENCY CONTACT PERSON: Joe Wiley
AGENCY NAME: Bureau of Parks and Lands
ADDRESS: 22 State House Station, Augusta, ME 04333-0022
TELEPHONE: (207) 287-4921
EMAIL: joe.wiley@maine.gov


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, Medicaid Eligibility Manual - (1) Governor Baxter Compensation (2) Ricky Ray Act (3) Other Edits and Clarifications
ADOPTED RULE NUMBER: 2002-207
CONCISE SUMMARY: This rule authorizes 2 exclusions to income and assets: Governor Baxter Compensation and payments under the Ricky Ray Act. Also included are edits and clarifications of existing rules.
EFFECTIVE DATE: July 1, 2002
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY NAME: Department of Human Services Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948


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