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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

June 28, 2000
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: 05-071 - Department of Education - State Board of Education
RULE TITLE OR SUBJECT: Amendments to Qualifying Examinations for Teachers and Other Relevant Sections: amendments to Ch. 13 and amendments to Ch. 115, 2.4, 10.2, and 10.4(E)
PROPOSED RULE NUMBER: 2000-P112
CONCISE SUMMARY: The Educational Testing Service (ETS) will no longer offer after July 1, 2000, the core Battery of the National Teachers Examination, which is the current qualifying examination for teachers requiring a baccalaureate degree in Maine. Pursuant to statutory changes, the proposed rule reflects that applicants requiring a baccalaureate degree will need to achieve qualifying scores in the basic skill areas of reading, writing, and mathematics in order to be eligible for provisional certification in Maine. The Pre-Professional Sills Test (PPST) will replace the NTE for applicants requiring a baccalaureate degree. The PPST is currently used for applicants not requiring a baccalaureate degree. The minimum qualifying scores differ. The proposed rule addresses the transition from the NTE to the PPST.
THIS RULE WILL NOT X HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 1301l(l), 13032 et seq.
PUBLIC HEARING: July 17, 2000, 3:00 p.m. to 4:00 p.m., Room 209, Augusta State Armory, Western Avenue, Augusta, ME
DEADLINE FOR COMMENTS: Ten (10) days after the close of the public hearing.
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


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 26.02, Sea Urchin Minimum Size and Tolerance
PROPOSED RULE NUMBER: 2000-P113
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171 and 6749-C this regulation reduces the tolerance to 5 percent from 10 percent allowance for the harvesting of sea urchins less than 2 inches in the longest diameter.
STATUTORY AUTHORITY: 12 MRSA 6171 and 6749-C
PUBLIC HEARING:
Zone 2: Monday, July 17, 2000 at 6:00 p.m., Ellsworth Middle School Cafeteria, 24 Forest Avenue, Ellsworth, and
Zone 1: Tuesday, July 18, 2000 at 6:00 p.m., Wiscasset Middle School Cafeteria, 252 Federal Street, (Route 218), Wiscasset

RULE TITLE OR SUBJECT: Ch. 26.03, Sea Urchin Maximum Size and Tolerance
PROPOSED RULE NUMBER: 2000-P114
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, this regulation establishes a maximum size limit on green sea urchins. The proposed initial maximum size limit of 3 1/2 inches would decrease incrementally by 1/8th inch per year, for two years. The maximum size would decrease to 3 and 3/8th inches on July 1, 2001, and then reduce to 3 1/4th inches on July 1, 2002. 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.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING:
Zone 2: Monday, July 17, 2000 at 6:30 p.m., Ellsworth Middle School Cafeteria, 24 Forest Avenue, Ellsworth, and
Zone 1: Tuesday, July 18, 2000 at 6:30 p.m., Wiscasset Middle School Cafeteria, 252 Federal Street, (Route 218), Wiscasset

RULE TITLE OR SUBJECT: Ch. 26.07, Sea Urchin Harvesting Season 2000-2001
PROPOSED RULE NUMBER: 2000-P115
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 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 1 and Zone 2 for 2000-2001.
STATUTORY AUTHORITY: 12 MRSA 6171, 6171-A, 6749-W
PUBLIC HEARING:
Zone 2: Monday, July 17, 2000 at 7:00 p.m., Ellsworth Middle School Cafeteria, 24 Forest Avenue, Ellsworth, and
Zone 1: Tuesday, July 18, 2000 at 7:00 p.m., Wiscasset Middle School Cafeteria, 252 Federal Street, (Route 218), Wiscasset

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR COMMENTS: Friday, July 28, 2000
AGENCY CONTACT PERSON: Margaret Hunter
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9500


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Ch. 10, Land Use Districts & Standards / Land Use Guidance Maps
PROPOSED RULE NUMBER: 2000-P116
CONCISE SUMMARY: The Commission is proposing a twenty-year land use plan that will designate new areas for commercial and residential development in a ten town study area in the Rangeley Lakes region. The towns included are:
Adamstown Township
Dallas Plantation
C, D, E Townships
Lincoln Plantation
Magalloway Plantation
Rangeley Plantation
Richardsontown Township
Sandy River Plantation
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 685-A, Subsection 8-A, B
INFORMATION SESSION AND PUBLIC HEARING:
Tuesday, July 18, 6:00 - 9:00 p.m. (information session)
Wednesday, July 19, 1:00 - 5:00 p.m. (information session)
Wednesday, July 19, 6:00 - 9:00 p.m. (public hearing)
Rangeley Inn, Rangeley, Maine 04401
DEADLINE FOR COMMENTS: Wednesday, August 9, 2000
AGENCY CONTACT PERSON: Holly Dominie
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, State House Station #22, Augusta, Maine 04333
TELEPHONE: 207-287-4936
E-MAIL: holly.h.dominie@maine.gov


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 301, Amendment to Standard Offer Service Rule
PROPOSED RULE NUMBER: 2000-P117
CONCISE SUMMARY: This rule establishes terms and conditions for standard offer service for electric generation, and establishes a methodology for selecting standard offer providers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 1301, 1306, and 3212
PUBLIC HEARING: July 19, 2000 at 1:30 p.m. in the Commission Hearing Room, 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: August 2, 2000
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-1396


AGENCY: 94-457 - Finance Authority of Maine

RULE TITLE OR SUBJECT: Ch. 1, By-Laws and Administration, Amendment 4
PROPOSED RULE NUMBER: 2000-P118
CONCISE SUMMARY: The Amendment clarifies that Board members are eligible for tax credits for investments made under the Maine Seed Capital Tax Credit Program which is in part administered by the Authority, so long as the member abstains from involvement, the eligibility is reviewed by an independent party outside the Agency, and the credit certificate is issued only after an affirmative vote of a majority of the disinterested Board members.
STATUTORY AUTHORITY: 10 MRSA 969-A(14)
PUBLIC HEARING: None unless requested by 5 or more interested parties.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before July 28, 2000.
AGENCY CONTACT PERSON:
Christopher H. Roney, Deputy General Counsel

RULE TITLE OR SUBJECT: Ch. 608, Tuition Waiver Program, Amendment 2
PROPOSED RULE NUMBER: 2000-P119
CONCISE SUMMARY: This amendment deletes the requirement that eligible foster children demonstrate "unmet need" to obtain a tuition waiver in accordance with changes made by PL 2000, Ch. 774.
STATUTORY AUTHORITY: 10 MRSA 969-A(14); 20-A MRSA 12573
PUBLIC HEARING: None unless requested by 5 or more interested persons.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before July 28,2000.
AGENCY CONTACT PERSON:
Christopher H. Roney, Deputy General Counsel

RULE TITLE OR SUBJECT: Ch. 613, The Quality Child Care Education Scholarship Program, Amendment 1
PROPOSED RULE NUMBER: 2000-P120
CONCISE SUMMARY: This amendment is necessary to expand the definition of eligible institution to include institutions with articulated agreements with one or more institutions of higher education in accordance with changes made by P.L. 2000, Ch. 783, Section 1.
STATUTORY AUTHORITY: 10 MRSA 969-A(14); 20-A 11670
PUBLIC HEARING: None unless requested by 5 or more interested parties.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before July 28, 2000.
AGENCY CONTACT PERSON:
Christopher H. Roney, Deputy General Counsel

RULE TITLE OR SUBJECT: Ch. 307, Amendment 4; Maine Seed Capital Tax Credit Program
PROPOSED RULE NUMBER: 2000-P121
CONCISE SUMMARY: This amendment added provisions relating to investments in private venture capital funds, the eligibility of which was expanded by recent legislation. Venture capital funds and the investors who invest in them, may receive half of their credit before the investment has been made, so long as the investment is actually made within 3 years, Additionally, on a provisional basis, the amount of the credit has been increased from 30% to 40%, all in accordance with recent legislation.
STATUTORY AUTHORITY: 10 MRSA 969-A(14); 10 MRSA 1100-T
PUBLIC HEARING: 11:00 a.m., July 20, 2000, Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments will be accepted on or before July 30, 2000.
AGENCY CONTACT PERSON:
Christopher H. Roney, Deputy General Counsel

RULE TITLE OR SUBJECT: Ch. 311, Economic Recovery Program
PROPOSED RULE NUMBER: 2000-P122
CONCISE SUMMARY: The rule amendment is necessary to implement program modifications made in P.L. 1999, Ch. 731, Sections VVV-4 through VVV-6, allowing the Authority to establish payment terms which include payments in the form of royalties or otherwise based on the success of a business receiving financial assistance.
STATUTORY AUTHORITY: 10 MRSA 969-A(14); 10 MRSA 1023-1 and 1026-J
PUBLIC HEARING: July 20, 2000, 11:00 a.m., Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments will be accepted on or before July 31, 2000.
AGENCY CONTACT PERSON:
Elizabeth L. Bordowitz, General Counsel

RULE TITLE OR SUBJECT: Ch. 319, Maine Economic Development Venture Capital Revolving Investment Program
PROPOSED RULE NUMBER: 2000-P123
CONCISE SUMMARY: This rule establishes the procedures and standards applicable to the Maine Venture Capital Revolving Investment Program, pursuant to which the Authority may make investments in eligible private venture capital funds.
STATUTORY AUTHORITY: 10 MRSA 969-A(14); 10 MRSA 1026-N
PUBLIC HEARING: July 20, 2000, 11:00 a.m., Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments will be accepted on or before July 31, 2000.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel

RULE TITLE OR SUBJECT: Ch. 602, Maine Guaranteed Student Loan Programs
PROPOSED RULE NUMBER: 2000-P124
CONCISE SUMMARY: This rule adopts the Common Manual, which establishes industry standard procedures and policies for the administration of the Guaranteed Student Loan Program. The rule establishes separate policies with regard to Consolidation Loans and some procedures in the event of a default or bankruptcy.
STATUTORY AUTHORITY: 10 MRSA 969-A(14); 20-A 11670
PUBLIC HEARING: July 20, 2000, 11:00 a.m., Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments will be accepted on or before July 31, 2000.
AGENCY CONTACT PERSON:
Elizabeth L. Bordowitz, General Counsel

RULE TITLE OR SUBJECT: Ch. 610, Amendment 3; Rules for the Conduct of the Educators for Maine Program
PROPOSED RULE NUMBER: 2000-P125
CONCISE SUMMARY: These amendments incorporate speech pathologists as eligible to participate under the program and adds the terms and conditions under which students pursuing child development associate certification or an associates degree in child development are eligible.
STATUTORY AUTHORITY: 10 MRSA 969-A(14) and 20-A MRSA 12501
PUBLIC HEARING: 11:00 a.m. July 20, 2000, Finance Authority of Maine, 5 Community Drive, Augusta, Maine.
DEADLINE FOR COMMENTS: Written comments are requested on or before July 20, 2000, but will be accepted on or before July 30, 2000. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
AGENCY: Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #08-00
PROPOSED RULE NUMBER: 2000-P126
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 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 9:00 a.m. Thursday, July 13, 2000, Oakhurst Dairy, 364 Forest Avenue, Portland, Maine
DEADLINE FOR COMMENTS:
July 13, 2000
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #07-00
ADOPTED RULE NUMBER: 2000-258
CONCISE SUMMARY: Minimum July, 2000 producer Class I and Northeast Dairy Compact Over Order Price set at $16.94. Class III minimums set at $9.37. These changes were passed on in minimum prices.
EFFECTIVE DATE: July 1, 2000
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building- Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE:
Ch. 25.08, Lobster Trap Tag System
Ch. 25.91, Lobster Trap Tag Fee - Repeal
Ch. 25.92, Trap Tag Fees - Repeal
ADOPTED RULE NUMBER: 2000-263
CONCISE SUMMARY: The Department of Marine Resources has removed the term "coastal waters" in Ch. 25.08 to clarify that regulations pertaining to lobster fishing under a Maine lobster and crab fishing license apply to all waters in which these activities occur unless otherwise directed by statute. This change provides consistency with a repeal of this term throughout Ch. 25 effective December 25, 1999. The change to Ch. 25.08(C) establishes a 12-month lobster fishing season beginning June 1 for the purpose of identifying and tracking lobster traps. Evidence for trap tag loss has been repealed in Ch. 25.08(D) for consistency with the NMFS and ASMFC lobster management plans. Ch. 25.91 and 25.92 have been repealed and replaced by the current trap tag provisions in Ch. 25.08(F). Technical changes include renumbering, grammar corrections and repeal of language that is no longer necessary.

CHAPTER NUMBER AND TITLE: Ch. 25.95(2)(d), Lobster Management Zones, Zone D
ADOPTED RULE NUMBER: 2000-264
CONCISE SUMMARY: The Department of Marine Resources has adopted the following revised northern section of the boundary line for Zone D, to more accurately reflect historic fishing ground use in the area between the Pemaquid Lighthouse and Pemaquid Point. The western boundary for Zone D begins at Pemaquid Point instead of the Lighthouse, then due 180 degrees Magnetic to the established intersection at 43 degrees 48.1' N Latitude, 69 degrees 30' W Longitude. The beginning of the Zone E boundary line begins at the Pemaquid Lighthouse, then due 192 degrees Magnetic to the same intersection, as established in the regulations.

EFFECTIVE DATE: June 26, 2000
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 01-026 - Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Amendment to Ch. 28, Notification Provisions for Outdoor Pesticide Applications
ADOPTED RULE NUMBER: 2000-265
CONCISE SUMMARY: This amendment repeals a sunset provision of September 30, 2000. This action ensures that the Board's consolidated notification provisions including the Maine Pesticide Notification Registry will be extended indefinitely.
EFFECTIVE DATE: June 26, 2000
AGENCY CONTACT PERSON: Robert 1. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: 207-287-2731


AGENCY: 02-318 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Electricians' Examining Board
RULE TITLE OR SUBJECT:
Repeal and Replace Ch. 100, General Provisions
Amendment to Ch. 120, Electrical Installation Standards
Repeal and Replace Ch. 130, Examination and Licensing Requirements
Repeal Ch. 140, Examinations
New Rule Ch. 140, Board Fees
Repeal Ch. 150, Board Fees
New Rule Ch. 150, Reciprocity
Repeal Ch. 160, Licenses
New Ch. 160, Complaints, Investigations and Adjudicatory Hearings
Repeal Ch. 170, License Renewals
Repeal Ch. 180, Complaint Handling
Repeal Ch. 190, Adjudicatory Hearings
ADOPTED RULE NUMBER: 2000-266 through 2000-277
CONCISE SUMMARY: This rule provides needed clarification for examination, licensing, and reciprocity requirements. The rules also sets forth the education and experience requirements for a limited license for crane technicians. The rules indicate the Board's intent to adopt the 1999 edition of the National Electrical Code for electrical installations. The rules set forth the fees to be charged by the Board. The Board is projected to be in a deficit situation and will have insufficient incoming revenue to pay its obligations when they come due. The rules clarify the procedure by which complaints and adjudicatory hearings will be handled by the Board.
EFFECTIVE DATE: July 15, 2000
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station Augusta, Maine 04333
PHONE NUMEBER: (207) 624-8605


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