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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

July 19, 2000
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. VIII, Section 1, Cub Care
PROPOSED RULE NUMBER: 2000-P150
CONCISE SUMMARY: The proposed rule implements legislation passed by the 119th Legislature (2nd Session) that (1) eliminates the prohibition on enrolling children less than age 1 in Cub Care and (2) adjusts the Cub Care premium schedule to establish new premium amounts for children between 185% - 200% of Federal Poverty Levels.
THE RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173; Public Law 1998, Chapter 777; Public Law 1999, Chapter 401; PL 2000, Chapter 731
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: August 18, 2000
AGENCY CONTACT PERSON: Linda Schumacher
AGENCY NAME: Bureau of Medical Services Division of Policy & Programs
ADDRESS: 11 State House Station/35 Anthony Ave., Augusta, ME 04333-0011
TELEPHONE: 207/624-5529, or 1-800-321-5557, Option 1
TTY: (207) 287-1828, 1-800-423-4331 (Deaf/Hard of Hearing)


AGENCY: 19-498 - Department of Economic and Community Development, Office of Community Development
RULE TITLE OR SUBJECT: Ch. 20, Proposed Statement for Administering the 2001 Community Development Block Grant Program
PROPOSED RULE NUMBER: 2000-P151
CONCISE SUMMARY: This proposed rule will allow the DECD to allocate the federal funds in accordance with the Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of Maine's Community Development Block Grant Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13058 sub- 3
PUBLIC HEARINGS:
August 8, 2000, 10:00 a.m., Conference Room, Office of Community Development, 33 Stone Street, Augusta, Maine 04333
August 9, 2000, 2:30 p.m., EMDC Conference Room, One Cumberland Place, Suite 300, Bangor, Maine 04402
August 10, 2000, 2:00 p.m., Council Chamber, City Hall, 12 Second Street, Presque Isle, Maine 04769
DEADLINE FOR COMMENTS: August 28, 2000 at 4:00 p.m.
AGENCY CONTACT PERSON: Aaron Shapiro, CDBG Program Manager
AGENCY NAME: Dept. of Economic & Community Dev.
ADDRESS: Office of Community Development, 33 Stone Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: 287-8485


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 2000-P152
CONCISE SUMMARY: This rule clarifies that categorical eligibility for Food Stamps includes all Food Stamp households who are authorized to receive benefits or services paid with Temporary Assistance for Needy Families (TANF) funds. This includes all households with a dependent child eighteen (18) and younger, or if eighteen (18) in school full time. These households will no longer have to meet certain guidelines for Food Stamps including asset limits and gross and net income limits.
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 18, 2000
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)


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Spousal Living Allowance (CRBH), Bounced Checks and Clarification of Some Existing Rules
ADOPTED RULE NUMBER: 2000-286
CONCISE SUMMARY:
1. Spousal Living Allowance for SSI recipients whose spouses in Cost Reimbursed Boarding Homes are covered by Medicaid is decreased from $242 to $239 per month.
2. Policy on how to handle Bounced Checks.
3. Rewording of other rules for purpose of clarification.
EFFECTIVE DATE: July 11, 2000
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 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
ADOPTED RULE NUMBER: 2000-287
CONCISE SUMMARY: This rule allows condo fees as allowable shelter expenses. The time period prior to the replacement of lost coupons sent through certified mail has been reduced from ten (10) days to five (5) days. It also clarifies that a full time student who is the only parent in the Food Stamp household with the responsibility for a dependent child under twelve (12) has met eligible student status.
EFFECTIVE DATE: July 11, 2000
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: 01-026 - Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 60, Designation of Critical Pesticide Control Areas
ADOPTED RULE N6MBER: 2000-290
CONCISE SUMMAR This amendment creates the Hope Critical Pesticide Control area to protect the health of the Bruce and Deborah Brown family of 159 Crabtree Road in Hope, Maine. In response to the Brown's petition, the Board has created a half mile radius of their home in which aerial pesticide application of liquids and dusts is prohibited, and any other agricultural, forestry, industrial, ornamental and most outdoor residential pesticide applications must be performed according to a pest management plan to be developed by Cooperative Extension and approved by the Board on a regular basis. Use of insect repellants and pesticides in such formulations as baits, flea collars, disinfectants, pool chemicals, paints and stains are still allowed in the designated zone.
EFFECTIVE DATE: July 12, 2000
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: 207-287-2731


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
TYPE OF RULE: Repeal and Replace Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 14, Commercial Whitewater Rafting (14.02, 14.06, 14.07 and 14.08)
ADOPTED RULE NUMBER: 2000-291
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife had adopted a rule establishing an order of launch for commercial whitewater rafting for 2000, 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 16, July 23, July 30, August 6, August 13, and August 20. This rule includes new definitions for "commercial passenger" and "multiple trip" and amends reporting requirements as proposed.
STATUTORY AUTHORITY: 12 MRSA 7035, 7367, 7369
EFFECTIVE DATE: July 15, 2000
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201


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