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July 14, 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: 02-445 - Department of Professional & Financial Regulation, Board of Licensure of Auctioneers

RULE TITLE OR SUBJECT:
Ch. 1, Definitions
Ch. 2, Board Practice
Ch. 3, Technical Standards of Practice
Ch. 4, Standards of Professional Ethics
Ch. 5, Unprofessional Conduct
PROPOSED RULE NUMBER: 99-P122
CONCISE SUMMARY: The amendments repeal the Board's current rules in compliance with the enactment of 32 M.R.S.A. Chapter 5-B, to be replaced with new subject matter rules.

RULE TITLE OR SUBJECT:
Ch. 10, General Information
Ch. 20, Fees
Ch. 30, Qualifications for licensure
Ch. 40, Advisory Rulings
Ch. 50, Minimum Standards of Practice
PROPOSED RULE NUMBER: 99-P123
CONCISE SUMMARY: The amendments replace the Board's current rules. Chapter 10 will establish the Board's meeting schedule, procedure for preparing agendas and election of Board officers. Chapter 20 will set the fees to be charged by the Board for applications, examinations, original and renewal licenses and miscellaneous fees. Chapter 30 will establish the qualifications for applicants to meet to be licensed including the amount of the bond to be filed with the Board. Chapter 40 will establish the procedures to be followed to request an advisory ruling. Chapter 50 will establish the minimum standards of conduct for auctioneers to follow in advertising, the duty to a consignor, the responsibility for assistants and conduct that will constitute unprofessional practice.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 M.R.S.A., c. 5-B 289
PUBLIC HEARING: Wednesday, August 4, 1999 - 9:00 a.m., Board Room, Department of Professional & Financial Regulation, 122-124 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: August 18, 1999
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520


AGENCY: 94-457 - Small Enterprise Growth Board
RULE TITLE OR SUBJECT: Ch. 701, Small Enterprise Growth Program
PROPOSED RULE NUMBER: 99-P124
CONCISE SUMMARY: The rule amendment implements P.L. 1999; Chapter 504. It expands the definition of eligible businesses to include businesses with sale of up to $5,000,000 or less than 50 employees, and increases the Board's maximum investment in any small business to $500,000. This amendment allows the Board to make equity investments and to allow matching funds which are at risk in the business for the same term as the Board's investment. The amendment requires that an applicant submit projected financial statements with its application. The amendment also changes the word "borrower" to "recipient" and makes similar nonsubstantive changes to reflect that the Board is making an investment in a small business, rather than making a loan.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 M.R.S.A. 385, P.L. 1999; Chapter 504.
PUBLIC HEARING: August 2, 1999 at 1:15 p.m. at the Law Offices of Preti, Flaherty, Beliveau & Pachios, LLC, 45 Memorial Circle, 3' Floor Conference Room, Augusta, Maine.
DEADLINE FOR COMMENTS: Written comments are requested on or before August 2, 1999 but will be accepted on or before August 13, 1999. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, Counsel, Small Enterprise Growth Board, c/o Finance Authority of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 99-P125
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is beginning its biennial schedule of public hearings to consider changes for the 1999/2000 - 2000/2001 ice fishing and the 2000 and 2001 open water fishing regulations needed to provide for the effective conservation of Maine's inland fisheries, and enhance fishing opportunities throughout the State. A list of proposals to be heard at the below listed public hearings can be obtained from the Agency Contact Person listed below. This is the first in a series of notices to advertise upcoming public hearings which will be held throughout the State.
STATUTORY AUTHORITY: 12 MR.S.A 7035
PUBLIC HEARINGS:
August 2, 1999 - Masonic Hall, Dexter Rd, Rt. 7, Newport, Maine -- 6:30 p.m.
August 4,1999 - Oxford Hills High School, The Forum, 256 Main Street, So. Paris, Maine -- 6:30 p.m.
August 5, 1999 - Ellsworth City Hall, One City Hall Plaza, Ellsworth, Maine -- 6:30p.m.
DEADLINE FOR COMMENTS: September 10, 1999
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201.


ADOPTIONS

AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 182, Formula for Distribution of Funds to Child Development Services (CDS) Regional Sites (Emergency)
ADOPTED RULE NUMBER: 99-273
CONCISE SUMMARY: The refinement of cost projections through a data driven approach rather than an historical approach will permit the Legislature to clearly identify the reasons for cost increases and provide greater focus on potential cost containment strategies for the CDS system. The funding formula must include consideration of the costs associated with the following functions: administration; Childfind; case management; and provision of other services. The funding formula must take into consideration other factors, which may include but are not limited to, a regional site's geographic area, the general population of children from birth to under age 6, ChildCount, the Medicaid eligibility rate and cost containment measures. The formula may allocate a portion of total funds, not to exceed 8% of the State's general fund appropriation for the Child Development Services System, for distribution to the regional sites based on unanticipated changes in costs or amount of mandated services provided during the fiscal year. The formula may also include a provision to limit the magnitude of gain or loss of funds a site will experience from one fiscal year to the next.
EFFECTIVE DATE: July 5, 1999
AGENCY CONTACT PERSON: Joanne C. Holmes
AGENCY NAME: Child Development Services State Office
ADDRESS: 146 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3272


AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 510, Reduction of Disability Retirement Benefits Because of Lump-sum Settlements of Benefits Payable under the Workers' Compensation or Similar Law or the United States Social Security Act
ADOPTED RULE NUMBER: 99-274
CONCISE SUMMARY: This rule sets forth the methodology by which monthly Maine State Retirement System disability retirement benefits are reduced when the individual receiving such benefits also receives a lump-sum settlement of benefits under the Workers' Compensation or similar law or the United States Social Security Act for the same disability.
EFFECTIVE DATE: July 6, 1999
AGENCY CONTACT PERSON:
NAME: Sarah Walton
ADDRESS: #46 State House Station
Augusta, Maine 04333
PHONE#: 207-287-3461 or 1-800-451-9800


AGENCY: 65-407 - Public Utilities Commission

CHAPTER NUMBER AND TITLE: Ch. 301, Standard Offer Service
ADOPTED RULE NUMBER: 99-275
CONCISE SUMMARY The purpose of this rulemaking is to amend our current standard offer rules in accordance with the amendments to the standard offer section of the Restructuring Act made by the Legislature during the 1998 session.

CHAPTER NUMBER AND TITLE: Ch. 304, Standards of Conduct for Transmission and Distribution Utilities and Affiliated Competitive Electricity Providers
ADOPTED RULE NUMBER: 99-276
CONCISE SUMMARY: To adopt a rule that governs the standards of conduct for investor-owned transmission and distribution utilities and their affiliated competitive electricity providers. This rule also requires consumer-owned utilities to notify the Commission of any wholesale or generation sales that exceed 5% of the total kilowatt-hours sold at retail by the consumer-owned utilities in any 12-month period.

CHAPTER NUMBER AND TITLE: Ch. 306, Uniform Information Disclosure and Informational Filing Requirements
ADOPTED RULE NUMBER: 99-277
CONCISE SUMMARY To establish uniform customer information disclosure requirements applicable to competitive electricity providers.

CHAPTER NUMBER AND TITLE: Ch. 307, Sale of Capacity and Energy of Undivested Generation Assets; Extension of Divestiture Deadline
ADOPTED RULE NUMBER: 99-278
CONCISE SUMMARY: This rule implements 35-A M.R.S.A. 3204(4) (sale of capacity and energy of generation assets and generation-related business activities that are not divested by electric utilities) and 35-A M.R.S.A. 3204 (3) (deadline for divestiture for certain assets).

CHAPTER NUMBER AND TITLE: Ch. 311, Renewable Resource Portfolio Requirement
ADOPTED RULE NUMBER: 99-279
CONCISE SUMMARY: To establish the requirements and standards governing the implementation of the renewable resource portfolio requirement.

EFFECTIVE DATE: July 31, 1999
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 67, Nursing Facility Services
ADOPTED RULE NUMBER: 99-281
CONCISE SUMMARY: The adopted change to Section 67, Nursing Facility Services, Maine Medical Assistance Manual, is a revised definition for 67.01-20 "Problem Behavior" as used for the Medical Eligibility Determination (MED) form. This section was adopted by the Maine Legislature pursuant to Title 5, chapter 375, subchapter II-A, procedures for major substantive rules.
EFFECTIVE DATE: August 6, 1999
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCYNAME: 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# 287-1828 or TTY# 1-800-423-4331


AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 10, Regulations Relating to Administration of Intravenous Therapy by Licensed Nurses
ADOPTED RULE NUMBER: 99-280
CONCISE SUMMARY: Updated to Reflect Current Clinical Standards of Practice.
EFFECTIVE DATE: July 7, 1999
AGENCY CONTACT PERSON: Virginia Delorimier, MSN, RN, Asst. Executive Director
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 158 State House Station, 24 Stone Street, Augusta, Me 04333-0158
TELEPHONE: (207)287-1133


AGENCY: 01-017 - Maine Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 13, Pari-Mutuel; Section 46, Trifecta
ADOPTED RULE NUMBER: 99-282
CONCISE SUMMARY: On July 2, 1999, the Maine Harness Racing Commission adopted an emergency rule to allow fewer horses to be programmed in a race for trifecta wagering. The commission found that an emergency existed due to a viral infection that has hit the race horse population in Maine. This change would forestall a financial loss to the race tracks and horse-men and horse-women.
EFFECTIVE DATE: July 7, 1999
AGENCY CONTACT PERSON AND ADDRESS: Henry Jackson, Department of Agriculture, Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: 207/287-3221


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