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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 27, 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: 94-457 - Finance Authority of Maine

RULE TITLE OR SUBJECT: Ch. 601, Amendment 7; Maine State Grant Program
PROPOSED RULE NUMBER: 2001-P154
CONCISE SUMMARY: The rule amendment is designed to implement the changes to the Program made by PL 2001 ch. 70. This rule amendment changes the name of the Program from the Maine Student Incentive Scholarship Program to the Maine State Grant Program. The amendment also redefines the length of time a student may receive a Program grant to 150% of the amount of time the institution in which the student is enrolled publishes as the length of time for the course of study being pursued by the student. In addition, the amendment clarifies that a Program grant may be used to reduce other institutional or grant aid to such student so long as that aid is in turn given to another needy student. The rule amendment sets out procedures for advance payment of grants and provides for electronic transfer of funds between the participating institutions of higher education and the Authority, and also repeals the portion of the rule relating to the University of Maine System Scholarship Program. A new rule will be promulgated for that program.
STATUTORY AUTHORITY: PL 2001, ch. 70.

RULE TITLE OR SUBJECT: Ch. 614, The University of Maine System Scholarship Program
PROPOSED RULE NUMBER: 2001-P155
CONCISE SUMMARY: This rule implements the University of Maine System Scholarship Fund Program, providing for the distribution of proceeds from the sales of University of Maine System license plates among the various schools of the University of Maine System. The rule sets for the eligibility criteria for grant recipients and procedures for the administration and implementation of the program.
STATUTORY AUTHORITY: 10 MRSA 969-A(14), 20-A MRSA 11631.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: 10:00 a.m., July 19, 2001, Loring Air Force Base, Limestone, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before July 19, 2001 but will be accepted on or before July 30, 2001. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE:
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 574, Siting and Operation of Road Salt and Sand-Salt Storage Areas
PROPOSED RULE NUMBER: 2001-P156
CONCISE SUMMARY: This rule describes the registration, siting and operational requirements that new sand/salt storage areas and some existing state and private sand/salt storage areas must meet in order to be exempt from having to obtain a waste discharge license. The rule also exempts sand/salt piles less than 30 cubic yards in size, establishes a compliance date for existing sites, and describes guidelines for granting a variance from the siting and/or operational requirements of the rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 MRSA 413, sub-2-D
PUBLIC HEARING: July 19, 2001, 1 p.m., Augusta Civic Center, Augusta
DEADLINE FOR COMMENTS: July 31, 2001. Comments may be submitted by mail at the address below, by fax at (207) 2877191 or by e-mail at tammy.gould@maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any.
AGENCY CONTACT PERSON: Tammy L. Gould
AGENCY NAME: Department of Environmental Protection, Sand and Salt Pile Program
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-7814


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 13, Targeted Case Management Services
PROPOSED RULE NUMBER: 2001-P157
CONCISE SUMMARY: These rule changes are being proposed to consolidate the levels of targeted case management services, provided through the Department of Mental Health, Mental Retardation and Substance Abuse Services, for mental health and mental retardation from three to two. Additional changes have been made to add disease case management services for diabetes and asthma, clarify eligibility criteria for at risk parenting case.management and update HIV case management standards.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: 9 a.m., July 17, 2001, King Conference Room, 35 Anthony Avenue, Augusta, Maine 04330
DEADLINE FOR COMMENTS: July 31, 2001
AGENCY CONTACT PERSON: Gregory Nadeau, Health Planner
AGENCY NAME: Division of Policy and Programs
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-5515 or 1 (800) 321-5557 option I
TTY: 1 (800) 423-4331 (Deaf/Hard of Hearing) or (207) 287-3094 (Deaf/Hard of Hearing)


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

RULE TITLE OR SUBJECT: Ch. 115, Principles of Reimbursement for Residential Care Facilities
PROPOSED RULE NUMBER: 2001-P158
CONCISE SUMMARY: Changes in Chapter 115:
* Remove provisions related to services so that room and board principles stand alone but work in conjunction with Medicaid rules for services.
* Redefine the method of determining historical cost.
* Amend the routine services section to create facility-specific routine caps subject to a new upper limit. Routine costs are rebased.
* Create an offset of routine costs by the amount of a Program Allowance paid by the Medicaid program.
* Removes share of worker's compensation costs related to direct care staff from room and board.
* Removes medical supplies from room and board.
* Removes medical and remedial training from room and board.
* Removes separate provision for 5% bonus under the administrative allowance and combines the amount into the base.
* Includes discrete housekeeping and laundry services for which there is no Medicaid coverage under routine prior to rebasing the routine and calculating new upper limits.
* Amends the manner in which investment income is treated.
* Requires all new facilities to report costs on the accrual basis.
* Continues the requirement that facilities report all costs.
PUBLIC HEARING:
Date: July 20, 2001 3:00 p.m.
Location: Washington York Room, Augusta Civic Center, Civic Center Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 13 , 2001

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 97, Private Non-Medical Institutions, and in Ch. III, Appendices B, C, D, E and F.
PROPOSED RULE NUMBER: 2001-P159
CONCISE SUMMARY: This proposed rule will adopt, through the regular rule-making process, changes effective with the emergency rule in place July 1, 2001. It also proposes changes in rule for Appendices C and F, which were not addressed in emergency rule-making. This is a major revision of rules for PNMI services. The rule changes include, but are not limited to: Appendix C and F are repealed and replaced. The new Appendix C implements a case mix reimbursement system for individuals residing in Medical and Remedial PNMI's except for certain specialized populations. Medical and Remedial PNMI's not covered under Appendix C will be covered under Appendix F, and will include those facilities designated to provide specialized services exclusively to consumers with serious and prolonged mental illness, brain injury, blindness, HIV/AIDS, and Mental Retardation. Changes to Appendices B, D, and E, which cover PNMI services for Substance Abuse Facilities, Child Care Facilities, and Community Residences for Persons With Mental Illness, further define calculation of prospective rates, settlement of Cost Reports, calculation of final settlement, and uniform desk review procedures.
PUBLIC HEARING:
Date: July 20, 2001 1:00 p.m.
Location: Washington York Room, Augusta Civic Center, Civic Center Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 13, 2001

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
DEADLINE FOR COMMENTS: July 31, 2001
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Repeal of Ch. 340, Fuel Adjustment for Electric Utilities, and Ch. 341, Fuel Adjustment for Small Electric Utilities
PROPOSED RULE NUMBER: 2001-P160
CONCISE SUMMARY: The statutory authority for these rules no longer exists. The Legislature repealed 35-A MRSA 3101 effective March 1, 2000, as part of the electric restructuring.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 104, 111
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 27, 2001
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-1396


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency Rules, Ch. 101, Maine Medical Assistance Manual, Section 97, Ch. II and III, Private Non-Medical Institutions, and in Ch. III, Appendices B, D, and E.
ADOPTED RULE NUMBER: 2001-207
CONCISE SUMMARY: This emergency rule will modify rate setting procedures, program allowance, and the process for cost settlement and request of rate adjustments. In parallel, the Department is promulgating proposed rules, which will be finalized by the end of the 90-day period during which this emergency rule is in place.
EFFECTIVE DATE: July 1, 2001
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
FAX (207) 624-5524.
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 25.94(2)(f), Lobster Management Zones, Zone F, and Ch. 25.94(2)(g), Lobster Management Zones, Zone G
ADOPTED RULE NUMBER: 2001-208
CONCISE SUMMARY: The Commissioner adopts the following revised western boundary for Zone F, and revised eastern boundary for Zone G, to more accurately reflect historic fishing grounds in the waters adjacent and below Cape Elizabeth. The new western line for Zone F would begin at Active Light at 2 Lights Cape Elizabeth to C "1" East Hue and Cry, then proceed WSW along the 3 nautical mile line to Loran line 13340, then due South Magnetic to the Exclusive Economic Zone (EEZ). The new eastern line for Zone G would begin at a point on the Presumpscott River Bridge that intersects with Loran line 13280, then proceed SSE on Loran line 13280 to the three-mile limit, then due South Magnetic to the Exclusive Economic Zone. The proposed boundary between Zone F and Zone G would overlap by approximately five and 1/2miles from the three nautical mile line to the EEZ.
EFFECTIVE DATE: June 19, 2001

CHAPTER NUMBER AND TITLE: Ch. 55.58, Penobscot River Fishing Closure
ADOPTED RULE NUMBER: 2001-209
CONCISE SUMMARY: The Department of Marine Resources adopts regulations Ch. 55.58 as a necessary measure to prevent the imminent depletion of the Atlantic salmon of the Penobscot River. Incidental catch and release of Atlantic salmon caught by recreational fishermen can result in the death of salmon due to handling and stress. Three salmon recently caught and released by striped bass fishermen below the Veazie dam is evidence that the current closure on the directed salmon-angling fishery is not adequate to protect Atlantic salmon. This additional measure will increase the protection of Atlantic salmon from mortality associated with catch and release fishing. This notice constitutes a major substantive rulemaking final adoption.
EFFECTIVE DATE: July 14, 2001. (Note: Major Substantive effective date is 30 days post filing with Secretary of State.)

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: 19-100 - Department of Economic and Community Development
CHAPTER NUMBER AND TITLE: Ch. 450, Applied Technology Development Center System
ADOPTED RULE NUMBER: 2001-212
CONCISE SUMMARY: The Applied Technology Development Center System is a program to accelerate the early-stage development of technology-based businesses with continual and focused business assistance, information exchange, established technical relationships, shared business services and reduced overhead expenses. The system is an integral component of the State's efforts to further develop its technology-based economy, and consists of a network of self-managed, state-coordinated centers located strategically throughout the State. This rule defines the policies under which the Applied Technology Development Centers will operate, and establishes the process and criteria under which grants will be awarded.
EFFECTIVE DATE: June 20, 2001
AGENCY CONTACT PERSON: Philip Helgerson
AGENCY NAME: Department of Economic and Community Development
ADDRESS: 59 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-5715


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 609, ASPIRE-JET PROGRAM RULES #1 -A
ADOPTED RULE NUMBER: 2001-213
CONCISE SUMMARY: This rule-making repeals and replaces the rule governing operation of the ASPIRE-JET program which provides employment and training services for Food Stamp recipients. Rule-making is as a result of changes made in federal law in recent years impacting operation of the program. Obsolete language has also been removed and other terminology updated.
EFFECTIVE DATE: August 1, 2001
AGENCY CONTACT PERSON: David Lanman, Special Projects Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-2637
TTY (Deaf/Hard of Hearing): (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 231, Rules Relating to Drinking Water
ADOPTED RULE NUMBER: 2001-214
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 mandated by the Federal Safe Drinking Water Act and the changes made to Maine Statute.
EFFECTIVE DATE: June 20, 2001
AGENCY CONTACT PERSON: Ebrahim Habib
AGENCY NAME: Division of Health Engineering
ADDRESS: State Hopse Station 10, Augusta ME 04333
TELEPHONE: (207) 287-6471
TTY: (207) 287-2070


AGENCY: 29-250 - Secretary of State, Bureau of Corporations, Elections and Commissions
CHAPTER NUMBER AND TITLE: Ch. 271, Rules for the Disclosure of Limited Partners Under Title 31, Ch. 11, and Ch. 291, Rules for the Disclosure of Members Title 31, Ch. 13
ADOPTED RULE NUMEBER: 2001-215 and 2001-216
CONCISE SUMMARY: Chapter 271 and Chapter 291 are being repealed because the law supporting these rules was repealed by Public Law 1999, c. 638.
EFFECTIVE DATE: June 23, 2001
AGENCY CONTACT PERSON: Timothy Poulin
AGENCY NAME: Department of Secretary of State
ADDRESS: Bureau of Corporations, Elections and Commissions, 101 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-7736


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 2001-219
CONCISE SUMMARY: This rule follows federal law. It involves the reporting of illegal aliens, procedures during the application process, interviews between reviews, changes ins sponsored alien rules, vehicle exclusions, self employment calculations, condominium association fees, non-heat standard utility allowances, sharing of utility allowances, and certification periods.
EFFECTIVE DATE: June 23, 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: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


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