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July 8, 1998
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: 04-061 - Maine Land Use Regulation Commission (LURC)
RULE TITLE OR SUBJECT: Ch. (New), Rules to Implement Watercraft Ban on Certain Lakes
PROPOSED RULE NUMBER: 98-P119
CONCISE SUMMARY: In the most recent session of the Legislature, legislation was passed and signed into law (Public Law 1998, Chapter 739) which prohibits the operation of personal watercraft on 245 lakes within the Maine Land Use Regulation Commission's jurisdiction. The Commission will hold a public hearing on proposed rules to implement this legislation at the times and locations noted below. This legislation also requires the Commission, the Department of Inland Fisheries and Wildlife, and the Bureau of Parks and Lands to prepare a joint report no later than January 1, 1999, to the Legislature on the regulation of surface water uses on waters within the Commission's jurisdiction. The report must describe the authority of each agency to regulate surface water uses and may include recommendations for surface water use regulations on other specific water bodies or classes of water bodies within the Commission's jurisdiction. The Commission will use information obtained through the public hearing as a basis to recommend additional lakes where the operation of personal watercraft should be restricted or to recommend that the prohibition on their use on certain lakes be repealed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Chapter 206-A
PUBLIC HEARING: The hearing will be held:
Wednesday, July 15, 1998, Rangeley Inn, Main Street, Rangeley
Tuesday, July 28, 1998, Greenville High School Gymnasium, Pritham Ave., Greenville
Thursday, August 6, 1998, Shiretown Atrium Restaurant, North Road, US 1, Houlton
Wednesday, August 19,1998, Holiday Inn, 215 High Street, US 1A, Ellsworth
Each session will begin at 6:00 p.m.
All interested persons are invited to attend and offer testimony. Time limits on oral testimony may be imposed in order to allow all who care to testify to do so.
DISABILITIES: Persons with disabilities planning to attend the hearing are requested to inform the Commission in advance so that arrangements can be made for services they may require.
DEADLINE FOR COMMENTS: The hearing record will remain open until Thursday, September 3, 1998, to allow interested persons to file written statements with the Commission, and for an additional 7 days, until Thursday, September 10, 1998, to allow interested persons to file written statements in rebuttal of statements filed during the open comment period.
AGENCY CONTACT PERSON: Fred Todd
AGENCY NAME: Maine Land Use Regulation Commission
ADDRESS: 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: 207-287-2631 or 1-800-452-8711
INTERNET ADDRESS: fred.todd@maine.gov
John S. Williams, Director
Maine Land Use Regulation Commission

AGENCY: 02-514 - Department of Professional & Financial Regulation, Board of Counseling Professionals Licensure
RULE TITLE OR SUBJECT:
Ch. 1, General;
Ch. 5, Licensure by Comity;
Ch. 7, Renewal of Licensure;
Ch. 8, Standards of Practice
PROPOSED RULE NUMBER: 98-P120
CONCISE SUMMARY: The board proposes to modify four of its ten rules. These modifications are intended to create an "inactive status" category for licensees who are not engaged in the practice of counseling for not fewer than six, nor more than twenty-four, months; clarify the requirements for licensure by comity; and make certain formatting adjustments resulting from substantive revisions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 M.R.S.A., c. 119 13853 (2)
PUBLIC HEARING: Monday, July 27, 1998, 9 a.m., Department of Professional & Financial Regulation, 122 Northern Ave., Gardiner, Maine 04345
DEADLINE FOR WRITTEN COMMENTS: August 6, 1998
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Administrator, Board of Counseling Professionals Licensure
ADDRESS: Department of Professional and Financial Regulation Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE-TANF Program Rules
PROPOSED RULE NUMBER: 98-P143
CONCISE SUMMARY: The federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 includes periodic increases in work participation hours and performance rates; ASPIRE-TANF rules are being changed to reflect those changes, and also to bring the rules into line with TANF rules, especially in the area of overpayments. Changes are also being made in the areas of support service payments and self-employment; monthly work hours for the MaineServe and TEMP components are defined as being no greater than the ASPIRE-TANF participant's TANF and Food Stamp benefit totals divided by Maine's minimum wage. Other changes that will positively impact on the Program's ability to work efficiently and effectively with participants are also included.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3762-3790
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 7, 1998
AGENCY CONTACT PERSON: Stephen W. Telow, ASPIRE Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-3309


AGENCY: 65-407 - Public Utilities Commission

RULE TITLE OR SUBJECT: Ch. (New), Energy Conservation Programs by Electric Transmission and Distribution Utilities
PROPOSED RULE NUMBER: 98-P142
CONCISE SUMMARY: The purpose of this chapter is to implement the State's policy of promoting energy conservation by establishing a reasonable level of funding for programs and requiring every electric transmission and distribution utility to select a contractors to operate energy conservation programs.
STATUTORY AUTHORITY: 35-A, M.R.S.A. 3211

RULE TITLE OR SUBJECT: Ch. (New), Standards of Conduct for Transmission and Distribution Utilities and Affiliated Competitive Electricity Providers
PROPOSED RULE NUMBER: 98-P144
CONCISE SUMMARY: To propose a method of tracking the retail sales made by an affiliated competitive provider within the service territory of its affiliated distribution utility, propose standards of conduct applicable to both large and small investor-owned distribution utilities and affiliated competitive providers and propose a requirement that consumer-owned utilities notify the Commission of any wholesale generation sales.
STATUTORY AUTHORITY: 35-A, M.R.S.A. 111, 3205, 3206, 3307

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
PUBLIC HEARING: None scheduled. Will be held at the request of five or more persons
DEADLINE FOR COMMENTS: August 7, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Health, HIV/STD Program
CHAPTER NUMBER AND TITLE: Ch. 252-A, sec. 1341, Rules Governing the Implementation of Hypodermic Apparatus Exchange Programs
ADOPTED RULE NUMBER: 98-275
CONCISE SUMMARY: This rule allows the Bureau of Health to have oversight over hypodermic apparatus exchange programs. Such programs will decrease infectious disease transmission and will provide consumers with HIV and drug abuse education and referrals for treatment.
EFFECTIVE DATE: July 26, 1998
AGENCY CONTACT PERSON: Deborah Shields, J.D., HIV/STD Program, Bureau of Health, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-3747
TTY: 207-287-8016


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. VI, Section 2, Mandatory Managed Care Initiative
ADOPTED RULE NUMBER: 98-275
CONCISE SUMMARY: This rule establishes standards governing contracting and operation of the Medicaid Mandatory Managed Care Program. The program will be mandated for certain eligible populations to include TANF and eligible individuals with Families with Children. The program will be offered on a voluntary basis to eligible Foster Children and Children with Adoption Assistance.
EFFECTIVE DATE: July 26, 1998
AGENCY CONTACT PERSON: Christine Zukas-Lessard, Director
AGENCY NAME: Policy Development Division
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5520
TTY: 1-800-423-4331 or 207-287-1828


AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 3, Rules Governing the Administration of the Maine Wage Assurance Fund (Repeal and Replace 12-170 Chapter 3)
ADOPTED RULE NUMBER: 98-279 CONCISE SUMMARY: Establishes the definitions and operation of the Wage Assurance Fund which makes payments of up to two weeks wages owed an employee by an insolvent employer unable to make payment.
EFFECTIVE DATE: July 5, 1998
AGENCY CONTACT PERSON: Alan C. Hinsey, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207)624-6400


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