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July 7, 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: 01-001 - Department of Agriculture, Food & Rural Resources, Division of Quality Assurance & Regulations
CHAPTER NUMBER AND TITLE: Ch. 342, Cider and Apple Juice
PROPOSED RULE NUMBER: 99-P121
CONCISE SUMMARY: This rule is being proposed to update an existing rule based on today's food safety science, to implement recent changes to the cider statute and to ensure the safety of Maine produced cider and juices which will, in turn, allow producers to effectively access and compete in the market place.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. 543- A, 10 M.R.S.A. 2625-2629 and 2153, 2154, and 2167-2169
PUBLIC HEARING: July 26, 1999, 3:00 p.m. at the Department's Agricultural shop located at Cony Road, Augusta, Maine.
DEADLINE FOR COMMENTS: August 5, 1999
AGENCY CONTACT PERSON: David E. Gagnon, Director
ADDRESS: 28 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 287-2161


ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine

RULE TITLE OR SUBJECT: Ch. 311, Economic Recovery Loan Program (Amendment 1)
ADOPTED RULE NUMBER: 99-265
CONCISE SUMMARY: This amendment to the rule changes several terms of this direct loan program, designed to make the program more beneficial to borrowers. The changes include fixing the interest rate; reducing the interest rate; fixing the loan term, but allowing interim payments based on longer amortization schedules; shifting some of the fees from the borrower to the earnings from the fund itself; and deleting the now obsolete loan priority provisions. The appeal provisions were also clarified to avoid successive applications based upon the same information.

RULE TITLE OR SUBJECT: Ch. 611, Maine College Savings Program (Amendment 1)
ADOPTED RULE NUMBER: 99-266
CONCISE SUMMARY: This rule amendment is intended to facilitate the administration of the program by clarifying the intent of the Authority and allowing for the accommodation of anticipated future technological and legal requirements. This rule amendment will also provide for greater consistency and clarity with regard to the assessment of penalties and removes a requirement which may have unnecessary adverse consequences on the estates of program participants.

EFFECTIVE DATE: July 1, 1999
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, 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: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 106, Low Sulfur Fuel Regulation (Amendments)
PROPOSED RULE NUMBER: 99-269
CONCISE SUMMARY: The Department has amended Chapter 106 to allow oil sampling and analysis in lieu of continuous emission monitoring when blending one or more non-compliant fuels.
EFFECTIVE DATE: July 4, 1999
AGENCY CONTACT PERSON:
NAME: Jeffrey S. Crawford
ADDRESS: Bureau of Air Quality Control, Department of Environmental Protection, State House Station 17, Augusta, ME 04333
PHONE: 207-287-2437


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 104, School Based Rehabilitative Services
ADOPTED RULE NUMBER: 99-271
CONCISE SUMMARY: These rule changes clarify that speech therapy services are to be provided in accordance with current State licensure requirements and federal requirements, establishes new codes and rates for school based rehabilitative services without the speech language component and increases the rate of reimbursement for existing codes reflecting increased costs for these services.
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: Policy Development
ADDRESS: 11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5515 or 1-800-321-5557 option 1
TTY (207) 287-3094 or 1-800-423-4331 (deaf/hard of hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 99-272
CONCISE SUMMARY: Currently, individuals who are receiving Food Stamps and who are either caretaker relatives or absent parents of children under the age of eighteen must cooperate with child support collection agencies or face sanctions in Food Stamps. This optional rule is being discontinued. Individuals will no longer be disqualified in Food Stamps for not cooperating with child support collection agencies.
EFFECTIVE DATE: July 1, 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)


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