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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

July 11, 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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 96, Private Duty Nursing & Personal Care Services
PROPOSED RULE NUMBER: 2001-P164
CONCISE SUMMARY: PL 2001, Ch 358, Part DD appropriated funds to increase wages for non-administrative home care workers at home care agencies. Increased Chapter III rates of reimbursement for certified nursing assistants, home health aides and personal care assistants services are proposed. These proposed rates were adopted on an emergency basis effective 7/1/01.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: July 31, 2001, 1:00 p.m., Bureau of Elder & Adult Services, Large Conference Room., 35 Anthony Ave., Augusta, ME 04333
DEADLINE FOR COMMENTS: Written comments will be accepted through August 10, 2001.
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Bureau of Medical Services, Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5519 or 1 (800) 321-5557 option 1
DEAF/ HARD OF HEARING TTY#: (207) 287-1828 or TTY# 1 (800) 423-4331


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 111, Substance Abuse Treatment Services
PROPOSED RULE NUMBER: 2001-P165
CONCISE SUMMARY: This proposed rule requires eligible providers of substance abuse treatment services to hold a valid contract with the Office of Substance Abuse (OSA), Department of Mental Health, Mental Retardation and Substance Abuse Services. OSA will contract with any licensed agency willing to contract and able to meet standard OSA contract requirements for substance abuse treatment services. The following changes are also proposed: Non-Residential Rehabilitation Services have been deleted as a covered service, Intensive Outpatient Services have been added as a covered service and new medical eligibility criteria for substance abuse treatment services have been added. Other changes in Chapter II are administrative in nature. Chapter III reflects a new rate structure for contracted providers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: 1:00 p.m., August 1, 2001, Small Conference Room, 35 Anthony Ave., Augusta, ME 04333. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 23, 2001.
DEADLINE FOR COMMENTS: August 13, 2001
AGENCY CONTACT PERSON: Julia White, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5517
TTY (DEAF OR HARD OF HEARING): 1 (800) 423-4331 or (207) 287-1828


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 13, Watercraft (Motor Size Restrictions on Certain Inland Waters),
PROPOSED RULE NUMBER: 2001-P167
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following watercraft regulation:

    Webber Pond (a.k.a. Muscongus Pond), Town of Bremen: Motorboats over 6 horsepower prohibited.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7792
PUBLIC HEARING: August 1, 2001, Bremen Town Office, 208 Waldoboro Road, Bremen, ME - 6:30 p.m.
DEADLINE FOR COMMENTS: August 13, 2001
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME. Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


ADOPTIONS

AGENCY: 16-222 - Bureau of Maine State Police

CHAPTER NUMBER AND TITLE: Ch. 4, Motor Carrier Safety Rules
ADOPTED RULE NUMBER: 2001-228
CONCISE SUMMARY: These rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the safe operations of motor carriers as found in 49 Code of Federal Regulations Parts 40, 382, 390, 391, 392, 393, 395, 396, and Appendices B and G as referenced in the aforementioned parts.

CHAPTER NUMBER AND TITLE: Ch. 6, Transportation of Hazardous Materials
ADOPTED RULE NUMBER: 2001-229
CONCISE SUMMARY: These rules prescribe the requirements of the Department of Public Safety governing the transportation of hazardous materials in commerce as found in 49 Code of Federal Regulations Parts 107, 171, 172, 173, 174, 177, 178, 179, 180, 387, and 397.

EFFECTIVE DATE: July 9, 2001
AGENCY CONTACT PERSON: John Fraser
AGENCY NAME: Maine State Police
ADDRESS: # 20 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8939


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 6, Rehabilitation
ADOPTED RULE NUMBER: 2001-231
CONCISE SUMMARY: The rule establishes a procedure for resolving disputes regarding entitlement to vocational rehabilitation services.
EFFECTIVE DATE: July 4, 2001
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7094


AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 125.17D, Regulations Governing Timeout Rooms, Therapeutic Restraints and Aversives in Public Schools and Approved Private Schools, a Major Substantive Rule of the Department of Education.
ADOPTED RULE NUMBER: 2001-232
CONCISE SUMMARY: Resolve 2001, Ch. 9, was signed by the Governor on May 8. It pertains to the Legislative Review of Chapter 125.17D: Regulations Governing Timeout Rooms, Therapeutic Restraints and Aversives in Public Schools and Approved Private Schools, a Major Substantive Rule of the Department of Education. The Maine Legislature amended the provisionally adopted rules by requiring that the local policy be reviewed at least annually rather than quarterly by each School Administrative Unit and each approved private school, by requiring the documentation of the timeout room or therapeutic restraint be provided to the program administrator within two school days rather than within twenty four hours, and by deleting from the definition of "aversive therapy or treatment" the terms "loud noises" and "humiliating practices" as well as by deleting the "etc." at the end of the examples of prohibited aversive therapies or treatment.
EFFECTIVE DATE: July 29, 2001
AGENCY CONTACT PERSON: Edwin Kastuck, Ph.D.,
AGENCY NAME: Maine Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6776


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 96, Private Duty Nursing & Personal Care Services
ADOPTED RULE NUMBER: 2001-233
CONCISE SUMMARY: PL 2001, Ch 358, Part DD appropriated funds to increase wages for home care workers -effective 7/1/01. New Chapter III rates of reimbursement for Certified Nursing Assistants, Home Health aides and Personal Care Assistants services are adopted on an Emergency basis and take effect for services delivered on or after 7/1/01. These rules will be proposed under regular rulemaking with a public comment period.
EFFECTIVE DATE: July 1, 2001
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5519 or 1 (800) 321-5557 option 1
DEAF/HARD OF HEARING TTY#: (207) 287-1828 or TTY# 1 (800) 423-4331


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.40, Green Crabs - Emergency Regulations
ADOPTED RULE NUMBER: 2001-234
CONCISE SUMMARY: A green crab license will be required pursuant to 12 MRSA 6808, which becomes effective July 1, 2001. These emergency regulations on green crabs establish the trap design with limitations on the trap and mesh size, entrance port and escape panel sizes, buoy colors and marking, trap tagging requirements, harvest limitations including a three trap trawl limit, no fishing on Sundays or nights during the summer, no fishing of egg-bearing females, no by-catch and mandatory reporting requirements in compliance with 12 MRSA 6808 and 6810. Municipalities that participate with the Department under a shellfish management program are exempt from the license requirement under 12 MRSA 6808(4). Towns are not exempt from the reporting requirements.
EFFECTIVE DATE: Friday, July 6, 2001
AGENCY CONTACT PERSON: Col. Joe Fessenden.
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 624-6550
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 16, Allocation of State Ceiling for Low Income Housing Tax Credit
ADOPTED RULE NUMBER: 2001-235
CONCISE SUMMARY: The Allocation of State Ceiling for Low-Income Housing Tax Credit Rule is being amended to comply with recent changes to Section 42 of the Internal Revenue Code, which became effective January 1, 2001, as follows: (i) to modify the formula for calculating the state housing credit ceiling under Section 42 of the Code; (ii) to add a comprehensive market study of the housing needs of low-income persons in the area to be served by a tax credit project to the threshold application requirements; (iii) to establish projects that provide for tenant ownership upon the expiration of the extended use period as a new selection criteria; (iv) to give preference to tax credit projects that contribute to a community revitalization plan and are located in a qualified census tract over such projects that are not located in a qualified census tract; and (v) to make updates, clarifications and grammatical changes.
EFFECTIVE DATE: July 7, 2001
AGENCY CONTACT PERSON: Jodie Stevens, Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 318, Amendment 2 (emergency): Wells and Plymouth Waste Oil Clean-up Program
ADOPTED RULE NUMBER: 2001-236
CONCISE SUMMARY: This rule amendment is necessary to address changes to the law governing the program as set forth in PL 2001, chapter 356. The amendment makes changes to the portion of the rule that provides for loans to potentially responsible parties at the Portland-Bangor Waste Oil Services Site in Plymouth, Maine. The amendment expands the types of costs which can be financed with the loans, modifies the eligibility requirements, defers payment on all new loans to the time when a Record of Decision is issued for the Site, and makes all loans interest free.
EFFECTIVE DATE: July 3, 2001
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife

CHAPTER NUMBER AND TITLE: Ch. 4.01 (D), Hunting Seasons for Upland Game
TYPE OF RULE: Amendment to Existing Rule
ADOPTED RULE NUMBER: 2001-237
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to amend the annual hunting season dates on the following upland game species to establish a uniform statewide season as follows:

Species Open Hunting Season Dates Daily Bag Limit Possession limit
Ring Necked Pheasant Oct. 1 - Dec. 31 2 4
Ruffed Grouse (Partridge) Oct. 1 - Dec. 31 4 8
Bobwhite Quail Oct. 1 - Dec. 31 4 8

CHAPTER NUMBER AND TITLE: Ch. 4.01(G.4), Hunting Seasons for Furbearing Animals
TYPE OF RULE: Amendment to Existing Rule
ADOPTED RULE NUMBER: 2001-238
CONCISE SUMMARY: The Commissioner of the Department of Inland Fisheries and Wildlife has adopted a rule to amend the statewide hunting season for bobcat as a result of severe winter conditions. The hunting season for bobcat will begin on December 1 and end on January 31st, rather than February 15th.

CHAPTER NUMBER AND TITLE: Ch. 4.03, Deer Hunting Seasons, and Ch. 5.02, Classified Wildlife Management Areas
TYPE OF RULE: Amendment to Existing Rule and Partial Repeal of Rule
ADOPTED RULE NUMBER: 2001-239
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife adopted an amendment to the deer season regulations by adding the whole of Cranberry Isles in Hancock County as an area that is open to the hunting of deer with a shotgun or archery equipment during any open hunting season that allows a shotgun or archery equipment to be used to hunt deer. In addition, the areas listed in Chapter 5.02 (Classified Wildlife Management Areas - Prout's Neck: Richmond's Island, Cape Elizabeth Sanctuary and Beauchamp Sanctuary in Rockport and Camden) with special deer hunting regulations are being repealed from Chapter 5.02 and added to the deer season regulations (Chapter 4.03).

CHAPTER NUMBER AND TITLE: Ch. 4.04, Bear Trapping
TYPE OF RULE: Amendment to Existing Rule
ADOPTED RULE NUMBER: 2001-240
CONCISE, SUMMARY: The Department of Inland Fisheries and Wildlife has adopted regulations regarding bear trapping. This rule adds cage-type live traps to the list of legal trap types, with a prohibition on using a bear caught in this type of trap in conjunction with a hunt or to train a dog for bear hunting.

CHAPTER NUMBER AND TITLE: Ch. 14, Commercial Whitewater Rafting (14.02, 14.06, 14.07 and 14.08)
TYPE OF RULE: Repeal and Replace Existing Rule
ADOPTED RULE NUMBER: 2001-241
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife had adopted a rule establishing an order of launch for commercial whitewater rafting for 2001, as well as the allocated Sundays (in addition to the allocated days and periods in statute) for the West Branch of the Penobscot as follows: July 15, July 22, July 29, August 5, August 12, and August 19.
STATUTORY AUTHORITY: 12 MRSA 7035, 7367, 7369

EFFECTIVE DATE: July 8, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201


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