July 15, 1998 Rule-Making Notice - State of Maine

July 15, 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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Coverage of Residents of a Public Institution.
PROPOSED RULE NUMBER: 98-P145
CONCISE SUMMARY: Due to a change in policy by the (federal) Health Care Financing Administration, Medicaid will cover services provided to a resident of a public institution while s/he is admitted as an inpatient to a medical institution if the individual is otherwise eligible for Medicaid.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 7, 1998
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948

AGENCY: 94-457 - Small Enterprise Growth Board, Finance Authority of Maine (FAME)
RULE TITLE OR SUBJECT: Ch. 701, Small Enterprise Growth Program
PROPOSED RULE NUMBER: 98-P146
CONCISE SUMMARY: The rule amendment reduces the number of Board members necessary for a quorum to five (5), and allows members to participate in meetings by teleconference. Those members who participate by teleconference will not be considered as present when ascertaining a quorum for action.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. STATUTORY AUTHORITY: 10 M.R.S.A. §385.
PUBLIC HEARING: August 3, 1998, at 2:00 p.m. at the Center for Environmental Enterprise, 3 Adams Street, South Portland, Maine 04106.
DEADLINE FOR COMMENTS: Written comments are requested on or before August 3, 1998 but will be accepted on or before August 13, 1998. 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 (FAME), P.O. Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 36, Herring Management Plan
PROPOSED RULE NUMBER: 98-P147
CONCISE SUMMARY: The Department of Marine Resources is proposing changes to existing regulations affecting the Atlantic herring fishery in Gulf of Maine coastal waters. These changes will provide additional protection for spawning herring without interrupting the supply of non-spawning fish for lobster bait and for the canning industry. Enforcement of these regulations will be enhanced by simplifying the definition of spawn herring and allowing catches to be monitored dockside as well as at sea.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PUBLIC HEARINGS: Tuesday. August 4, 1998. 1:00 p.m., Department of Marine Resources Conference Room, West Boothbay Harbor, Maine
DEADLINE FOR COMMENTS: August 14,1998
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575
TELEPHONE: (207) 633-9584

ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine (FAME)
RULE TITLE OR SUBJECT: Ch. 315, Family Development Account Program
ADOPTED RULE NUMBER: 98-277
CONCISE SUMMARY: This rule informs financial institutions and nonprofit or governmental economic development organizations of the eligibility requirements, application procedures and other necessary criteria to participate in the Family Development Account Program. This rule also informs potential account holders of the eligibility requirements and other applicable criteria for opening accounts, receiving matching funds. and using family development accounts.
EFFECTIVE DATE: July 6, 1998
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine (FAME), PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.10, Lobster and Crab, Lobster trap limits established by lobster management zones.
ADOPTED RULE NUMBER: 98-289
CONCISE SUMMARY: The Commissioner has accepted the recommendation from the lobster management zone council for Zone G that will enact a reduction in the number of lobster traps allowed to be fished by license holders in Zone G. The maximum number of lobster traps would be 800 as of the effective date of this rule. This proposed rule was approved by zone members in a zone-wide referendum held November 28, 1997.
EFFECTIVE DATE: Saturday, July 18, 1998
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584

AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 562, An Emergency Rule Regarding the use of Best Management Practices for the Control of House Flies in Poultry Houses
ADOPTED RULE NUMBER: 98-290
CONCISE SUMMARY: This emergency rule on the use of Best Management Practices (BMPs) for the control of the house fly, Musca domestica L., in Maine's poultry houses will enable poultry farmers, upon abiding by the adopted BMPs, to be protected from complaints generated by neighbors or other nearby residents in accordance with "Maine's Right to Farm Law" (17 MRSA § 2805).
EFFECTIVE DATE: July 2, 1998
AGENCY CONTACT PERSON: Peter N. Mosher, Director (Office of Agricultural, Natural & Rural Resources) or Bob Moore, Deputy Commissioner
ADDRESS: 28 State House Station, Augusta, ME 04333
PHONE NUMBERS: P. Mosher: (207) 287-7608; B. Moore: (207) 287-7576

AGENCY: 65-407 - Public Utilities Commission

CHAPTER NUMBER AND TITLE: Ch. 303, Utility Employee Transition Benefits
ADOPTED RULE NUMBER: 98-291
CONCISE SUMMARY To establish the procedures investor-owned utilities will follow in offering employees transition benefits.

CHAPTER NUMBER AND TITLE: Ch. 309, Bill Unbundling and Illustrative Bills
ADOPTED RULE NUMBER: 98-292
CONCISE SUMMARY This rule requires bills issued by electric utilities to state illustrative rates and charges for electricity supply services separately from those for electric delivery services, during the period January 1, 1999 to February 29, 2000. The purpose of bill unbundling is to prepare consumers for the separation of these services that will occur under electric restructuring, which will begin on March 1, 2000.

EFFECTIVE DATE: July 11, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-6078

AGENCY: 16-222 - Department of Public Safety, Bureau of State Police
CHAPTER NUMBER AND TITLE: Ch. 3, Rules and Regulations Relating to Beano and Bingo
ADOPTED RULE NUMBER: 98-294
CONCISE SUMMARY: This rule provides routine technical requirements for reporting the disposition of funds from Beano during an annual license period.
EFFECTIVE DATE August 1, 1998
AGENCY CONTACT PERSON: Barry Hathaway
AGENCY NAME: Bureau of State Police
ADDRESS: 164 State House Station, Augusta, ME 04333-0164
TELEPHONE: 624-8784

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