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June 30, 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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 36, Herring Management Plan
PROPOSED RULE NUMBER: 99-P120
CONCISE SUMMARY: The Department of Marine Resources is proposing changes to the herring management plan regulations to bring those regulations into compliance with the Atlantic States Marine Fisheries Commission, Amendment One to the Interstate Fisheries Management Plan for Atlantic sea herring and the New England Fisheries Management Council herring management plan. In accordance with these management plans, the herring fishery would be subject to total allowable catch restrictions in Management Areas 1, 2 and 3. Additional changes include revised dealer permits, new reporting requirements for all harvesters and dealers, a change in the determination of tolerance in the spawning catch restrictions, removal of the Downeast fixed gear exemption, repeal of the York County artificial light exemption and repeal of the reduction plant reporting that would be replaced by the new proposed reporting requirements. The entire chapter is renumbered and grammatical and technical corrections are made throughout.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARINGS:
Monday, July 19, 1999, 1:00 p.m., Marine Trades Center, Deep Cove, Eastport
Tuesday, July 20, 1999, 10:00 a.m., Rockland Ferry Terminal, 513 Main St., Rockland
Thursday, July 22, 1999, 10:00 a.m., Campus Center Board Room, Southern Maine Tech. College, Fort Rd., South Portland
DEADLINE FOR COMMENTS: August 2, 1999
AGENCY CONTACT PERSON: David Libby
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575
TELEPHONE: (207) 633-9500


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Removes Medicaid Policy from the Maine Public Assistance Manual
ADOPTED RULE NUMBER: 99-253
CONCISE SUMMARY: This rule removes Medicaid policy from the Maine Public Assistance Manual and emphasizes that eligibility for Medicaid and TANF benefits are determined separately.
EFFECTIVE DATE: August 1, 1999
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
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - TANF Benefit Increase
ADOPTED RULE NUMBER: 99-254
CONCISE SUMMARY: Beginning 7/1/99 this policy:
* 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.
EFFECTIVE DATE: July 1, 1999
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
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 99-256
CONCISE SUMMARY: Maine began a state funded Food Stamp program in September, 1998, for certain legal immigrants who could no longer receive Federally funded Food Stamps due to their alien status. Funding for this program was due to expire June 30, 1999. The funding is being continued and this rule removes the sunset clause.
EFFECTIVE DATE: June 26, 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 Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine
ADOPTED RULE NUMBER: 99-255
CONCISE SUMMARY: These final rules have been established to provide for State licensure of the new Federal regulations regarding the Medicare Condition of Participation, Critical Access Hospitals, based on Section 1820(c) of the Social Security Act, 42 Code of Federal Regulations, 485.601 through 485.645. A new Chapter, XXVII, has been added to the Regulations for the Licensure of General and Specialty Hospitals in the State of Maine to address the licensure requirements for a Critical Access Hospital. Other changes include:
* Chapter III, The General Hospital, the addition of Chapter III.A.1., definition of the Critical Access Hospitals.
* Chapter IV, Licensing, the addition of Chapter IV.13.2., Application Procedure for Critical Access Hospitals.
EFFECTIVE DATE: July 1, 1999
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443 (Telephone)
(207) 624-5512 (TTY Deaf/Hard of Hearing)
(207) 624-5378 (FAX)


AGENCY: 02-041 - Department of Professional and Financial Regulation, Massage Therapy
CHAPTER NUMBER AND TITLE:
Ch. 100, Definitions
Ch. 200, General Information
Ch. 300, Licensure/Registration Requirements
Ch. 400, Complaints and Investigations
ADOPTED RULE NUMBER: 99-257 thru 99-260
CONCISE SUMMARY: The new rules define certain professional terms, establish guidelines for maintenance of licensure records and display of licenses or registrations where the holder engages in the practice of massage therapy, sets forth the procedures and requirements for licensure by an applicant, and describes the procedures by which complaints and adjudicatory hearings will be handled by the Department of Professional and Financial Regulation.
EFFECTIVE DATE: June 26, 1999
AGENCY CONTACT PERSON:
NAME: Dianne E. Sawyer
ADDRESS: Office of Licensing and Registration, 35 State House Station Augusta, Maine 04333
PHONE NUMBER: 624-8617


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 317, Nutrient Management Loan Program (EMERGENCY)
ADOPTED RULE NUMBER: 99-261
CONCISE SUMMARY: This rule establishes the procedures, standards and fees applicable to Borrowers applying for loans from the Authority's program of direct loans for the finance of construction of livestock manure and milk room waste containment and handling facilities as set forth in the Nutrient Management Act 7 MRSA 4201 et seq., and Chapter 565 of the Rules of the Department of Agriculture, Food and Rural Resources, from a portion of the Clean Water Revolving Loan Fund, provided by the United States Environmental Protection Agency through the Maine Municipal Bond Bank and the Maine Department of Environmental Protection.
EFFECTIVE DATE: June 21, 1999
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 159, Rules Governing the Administration of the Semipermanent Semitrailer Registration Program
ADOPTED RULE NUMBER: 99-262
CONCISE SUMMARY: This rule has been put in place to facilitate administrative flexibility and customer service.
EFFECTIVE DATE: June 27, 1999
AGENCY CONTACT PERSON: Maurice J. Dionne, Jr.
AGENCY NAME: Bureau of Motor Vehicles ADDRESS: 29 State House Station, Augusta, Maine 04333-0029
TELEPHONE: 207/624-9000 ext. 52127


AGENCY: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health

CHAPTER NUMBER AND TITLE: Ch. 2, Occupational Safety and Health Standards for General Employment in the Public Sector
ADOPTED RULE NUMBER: 99-263
CONCISE SUMMARY: The purpose of this Chapter is to incorporate by reference rules governing Occupational Safety and Health in general employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1910 as most
recently amended as of July 1, 1998.

CHAPTER NUMBER AND TITLE: Ch. 3, Occupational Safety and Health Standards for Construction Employment in the Public Sector
ADOPTED RULE NUMBER: 99-264
CONCISE SUMMARY The purpose of this Chapter is to incorporate by reference rules governing Occupational Safety and Health in construction employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1926 as most recently amended as of July 1, 1998.

EFFECTIVE DATE: October 1, 1999
AGENCY CONTACT PERSON: Alan C. Hinsey, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6400


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