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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 18, 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. 113, Regulations Governing the Licensing and Functioning of Assisted Living Facilities
PROPOSED RULE NUMBER: 2001-P166
CONCISE SUMMARY: Chapter I adds Default Licensing. Requirements for Alzheimer's/Dementia units have been consolidated from Chapter IV to Chapter I. Adult Day Services Programs physically located within an Assisted Living facility shall not be required to have separate licenses. Multi level facilities, a single license will be issued. The minimum penalty for operation of an Assisted Living Services Program without a license is $500 per day. Locked unit criteria regulations are explained. Administration of PRN medications is addressed.
A definition of Congregate Housing Services program has been added in Chapter II.
A definition of Level I and Level I-Plus has been added to Chapter III, and a definition of mobile non-ambulatory residents has been changed.
Definitions of Level II Residential Care Facility have been added to Chapter IV. Ongoing training of at least twelve (12) classroom hours annually is required for all Level II Administrators. Bathing facilities ratios have been clarified. Administrative corrections for grammar and punctuation have been added for readability and clarity.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Statutory authority for these regulations is found under the following Titles in the Maine Revised Statutes Annotated: 22 MSRA, Chapter 405, Sections 1812-C, 1812-G, Chapter 413, Section 2053, Chapter 1453, Section 5107-A, Chapter 1663, Sections 7801, 7802, 7804, Chapter 1665, Sections 7901-A, 7901-B, 7901-C, 7902-A, 7903, 7904-A, 7904-B, 7914, 7915, Chapter 1666, Section 7922, 32 MRSA Chapter 31, Section 2102
PUBLIC HEARING: A public hearing will be held on Thursday, August 9, 2001 at 1 p.m., Augusta Civic Center, Civic Center Drive, Piscataquis/Sagadahoc Room, Augusta, Maine
DEADLINE FOR COMMENTS: August 19, 2001
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 11 State House Station, 35 Anthony Ave., Augusta, Maine 04333
TELEPHONE: (207) 624-5443
TTY: (207) 624-5512
FAX: (207) 624-5378


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 910, Safety of Overhead Utility Lines Crossing Water and Adjacent Areas Suitable for Rigging, Launching, and Operating Boats
PROPOSED RULE NUMBER: 2001-P168
CONCISE SUMMARY: This rule establishes safety requirements for overhead utility lines crossing areas of water and adjacent rigging and launching areas where boats may come into contact with overhead lines.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 301(1), and 2305-A(4)
PUBLIC HEARING: August 7, 2001 at 1:30 p.m. in the Horace Libby Hearing Room, 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: August 17, 2001
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine 04333-0018
TELEPHONE: (207) 287-1396


AGENCY: 02-331 - Department of Professional & Financial Regulation, State Board of Funeral Service
RULE TITLE OR SUBJECT:
Chapter
1. Definitions
2. Meetings and Officers of the Board
3. Educational Requirements
4. Examination and Application for Licensure as a Practitioner of Funeral Service
5. Practitioner Trainees
6. Reciprocal Agreements
7. Funeral Establishments
8. Safety and Health Standards
9. Complaints and Inspections
10. General Rules / Scope of Practice
11. Continuing Education Requirement
12. Transportation of Human Remains
13. Disinterment
14. Temporary Storage
15. Code of Ethics
16. Prearranged Funerals and Burial Plans
PROPOSED RULE NUMBER: 2001-P169
CONCISE SUMMARY:
CHAPTER 1 - DEFINITIONS
This Chapter sets forth definitions of terms used in the rules of the State Board of Funeral Service.
CHAPTER 2 - MEETINGS AND OFFICERS OF THE BOARD
This Chapter describes the meeting procedures and officers of the Board.
CHAPTER 3 - EDUCATIONAL REQUIREMENTS
This Chapter, in conjunction with 32 MRSA 1501, sets forth the educational requirements for licensure as a practitioner of funeral service.
CHAPTER 4 - EXAMINATION AND APPLICATION FOR LICENSURE AS A PRACTITIONER OF FUNERAL SERVICE
This Chapter outlines the type of examinations administered and other specific information pertaining to the examination and application process for persons applying for licensure as a practitioner of funeral service.
CHAPTER 5 - PRACTITIONER TRAINEES
This Chapter describes the 2,000-hour apprenticeship to be completed by practitioner trainees prior to application for licensure as a practitioner of funeral service.
CHAPTER 6 - RECIPROCAL AGREEMENTS
This Chapter describes procedures and requirements for licensure by reciprocal agreement.
CHAPTER 7 - FUNERAL ESTABLISHMENTS
This Chapter describes registration obligations for funeral establishments.
CHAPTER 8 - SAFETY AND HEALTH STANDARDS
This Chapter is promulgated to protect the safety and health of the general public by setting forth the equipment- and health-related requirements applicable to licensed funeral establishments.
CHAPTER 9 - COMPLAINTS AND INSPECTIONS
This Chapter describes the procedure by which complaints and inspections are handled by the Board.
CHAPTER 10 - GENERAL RULES / SCOPE OF PRACTICE
This Chapter contains general rules regarding: (1) hairdressing and cosmetology, (2) the scope of practice of funeral directors and funeral attendants, (3) the referral of inquiries to a licensed practitioner, (4) mandatory disclosures and cash advances, and other topics.
CHAPTER 11 - CONTINUING EDUCATION REQUIREMENT
This chapter, in conjunction with 32 MRSA 1506, sets forth continuing education requirements for license renewal
CHAPTER 12 - TRANSPORTATION OF HUMAN REMAINS
This Chapter contains rules regarding the transportation of human remains.
CHAPTER 13 - DISINTERMENT
This Chapter contains rules regarding the disinterment of human remains by licensees of funeral service.
CHAPTER 14 - TEMPORARY STORAGE
This Chapter contains rules regarding the storage of human remains by licensees of funeral service.
CHAPTER 15 - CODE OF ETHICS
This Chapter establishes a code of ethics for licensees of the Board
CHAPTER 16 - PREARRANGED FUNERALS AND BURIAL PLANS - MORTUARY TRUST AGREEMENTS
This Chapter adopts forms of mortuary trust agreements for use in Maine.
This Rule WILL NOT have a fiscal impact on municipalities.
STATUTORY AUTHORITY: 32 MRSA 1401(2), 1451, 1501, and 1506
PUBLIC HEARING: Thursday, August 9, 2001, 9 a.m., Department of Professional & Financial Regulation, 122 Northern Ave., Gardiner, Maine 04345
DEADLINE FOR WRITTEN COMMENTS: Friday, August 24, 2001
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Health Board Administrator
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: 02-041 - Department of Professional & Financial Regulation, Office of Licensing & Registration
RULE TITLE OR SUBJECT: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2001-P170
CONCISE SUMMARY: This amendment lowers annual fees for certain occupational and professional licenses and registrations as follows: acupuncturist and naturopathic doctor- from $675 to $500; massage therapist- from $100 to $50; veterinarian- from $125 to $75; veterinary technician- from $50 to $30.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICLOALITLES;
STATUTORY AUTHORITY: 10 MRSA 8003(2-A)(D), (E)
PUBLIC HEARING: Friday, August 10, 2001, 9:30 a.m., Kennebec Room, Department of Professional & Financial Regulation, 122 Northern Ave., Gardiner, Maine 04345
DEADLINE FOR WRITTEN COMMENTS: August 20, 2001
AGENCY CONTACT PERSON:
NAME: Jeffrey Frankel, Staff Attorney
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8615


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual -COLA Correction
PROPOSED RULE NUMBER: 2001-P171
CONCISE SUMMARY: As of 8/1/01, this rule, which shows a .1% COLA increase in SSI benefits, changes the following monthly income amounts used in Medicaid: (1) The monthly income limit for Home Based Waivers, Katy Beckett coverage and the categorical income limit for nursing care is changed from$1,590 to $1,593. (2) The income limit for the State Supplement for an individual living at home changes from $540 to $541. The Department of Labor miscalculated the January, 2000 COLA adjustment by .1 %. This rule corrects the error.
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 17, 2001
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 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 2001-P172
CONCISE SUMMARY: Individuals on Food Stamps must have certain information verified. Although some households are categorically eligible for Food Stamps, the following items must be verified if not previously verified by the SSI program, TANF or General Assistance: Social Security number requirements, sponsored alien requirements, if applicable, residency and identification. In addition, there will no longer be denials for failure to provide verification before the end of the normal 30 day application processing period. Payments for second mortgages and home equity loans are allowable shelter costs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 17, 2001
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)


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2001-P173
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is beginning its schedule of public hearings to consider regulation changes for the upcoming ice fishing and open water fishing seasons. These regulation changes are necessary 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 MRSA 7035
PUBLIC HEARINGS:
August 8, 2001, Ellsworth City Hall Auditorium, 6:30 p.m.
August 9, 2001, Washington County Technical College, Assembly Room, River Road, Calais, 6:30 p.m.
DEADLINE FOR COMMENTS: September 14, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 02-280 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Accountancy
RULE TITLE OR SUBJECT:
Amendments to Ch. 1, Definitions
Amendments to Ch. 3, Examination Requirements
Amendments to Ch. 4, Experience Requirements
Amendments to Ch. 5, Permits to Practice, Individual
Amendments to Ch. 6, Permits to Practice, Firms
Amendments to Ch. 8, Rules of Professional Conduct
PROPOSED RULE NUMBER: 2001-P174
CONCISE SUMMARY: The proposed rules provide clarification for Public Accountant examinations and the experience requirements for Certified Public Accountants and Public Accountants to apply for a Certificate after October 1, 2001. The proposed rules provide needed clarification regarding the licensing requirements for Certified Public Accountants and Public Accountants for residents, nonresidents, and applicants from another country. The proposed rules also clarify the continuing education requirements as well as require, beginning with the three-year reporting period ending August 31, 2003, that all licensees must obtain at least eight hours of CPE in professional ethics each three-year reporting period. The proposed rules outline the requirements for firms with unlicensed owners or agents. The proposed rules also outline the peer review requirements for licensed firms as well as the qualifications for Approved Reviewers, the conduct of peer reviews, and the authority and function of Report Acceptance Bodies. The proposed rules also adopt a Code of Professional Conduct.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
THESE RULES WILL NOT HAVE A FINANCIAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 12214(4)
PUBLIC HEARING: Monday, August 6, 2001, 9:00 a.m., Central Conference Room, Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, ME 04345
DEADLINE FOR WRITTEN COMMENTS: August 21, 2001
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 226, Cross Connection Rules
ADOPTED RULE NUMBER: 2001-248
CONCISE SUMMARY: The changes to the State of Maine Rules Relating to Cross Connections involve updating the specific rule sections to coincide with the changes mandated by the Federal Safe Drinking Water Act and the changes made to Maine Statute.
EFFECTIVE DATE: July 10, 2001
AGENCY CONTACT PERSON: Ebrahim Habib
AGENCY NAME: Division of Health Engineering
ADDRESS: 10 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-6471
TTY (207) 287-2070


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 2001-249
CONCISE SUMMARY: This rule follows federal law. This rule only contains changes that were proposed in rule #119P. The pages in this rule were inadvertently excluded in the final rule #119A or were misnumbered in that rule. The pages that were excluded involve non-heat standard utility allowances and lengthening certification periods.
EFFECTIVE DATE:
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)


AGENCY: 03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 15, Procedures and Standard for Batterer Intervention Programs
ADOPTED RULE NUMBER: 2001-250
CONCISE SUMMARY: The. proposed Rule revisions are to more accurately match the Maine Batterer Intervention Program Standards with the operating procedures of the Nationally recognized programs and the operating procedures of the State's individual Batterer's Intervention Programs.
EFFECTIVE DATE: July 14, 2001
AGENCY CONTACT PERSON:
Ellis King, Department of Corrections, State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


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