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July 21, 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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #99-09
PROPOSED RULE NUMBER: 99-P126
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., August 12, 1999, Department of Agriculture, Food & Rural Resources, Deering Building Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: August 12, 1999
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building-Station #28 Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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-P127
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 second in a series of notices to advertise upcoming public hearings which will be held throughout the State.
STATUTORY AUTHORITY: 12 M.R.S.A 7035
PUBLIC HEARINGS:
August 10, 1999 - Rangeley Lakes Regional School, Loon Lake Road, Rangeley, ME -- 6:30 p.m.
August 12, 1999 - Caribou Recreation Department, 59 Bennett Drive, Caribou, ME -- 6:30 p.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


AGENCY: 02-344 - State Board of Licensing of Dietetic Practice
RULE TITLE OR SUBJECT: Ch. 2, Rules for Licensing of Dietetic Practice
PROPOSED RULE NUMBER: 99-P128
CONCISE SUMMARY: Recently enacted 1999 PL Ch. 257, "An Act to Ensure Adequate Funding of Certain Public Safety Programs of Occupational or Professional Licensure Boards," raised the statutory cap on the initial licensing fees for persons seeking, to become licensed as Dietitians and Dietetic Technicians from $160 to $200, and for those seeking Temporary licensure from $50 to $100. It also revised the renewal fees for Dietitians and Dietetic Technicians from $160 to $200 and changed the renewal schedule from "biennial" to "annual". This proposed rule change would increase the fees to the statutory cap. In addition, it would revise the renewal period from "biennial" to "annual" to comport with the new law; changes to the Continuing Education requirement are being made in order to correspond with the annualization of renewal dates.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 M.R.S.A., c. 105, 9904, sub- 2.
PUBLIC HEARING: Thursday, August 12, 1999, 9 a.m., Dept. of Professional & Financial Regulation, 122 Northern Ave., Gardiner, Maine 04345
DEADLINE FOR WRITTEN COMMENTS: Tuesday, August 24, 1999
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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Sec. 40, Home Health Services
PROPOSED RULE NUMBER: 99-P129
CONCISE SUMMARY: Proposed changes to these Medicaid rules include, but are not limited to the following: 1) A new Chapter III, which covers the rates of reimbursement, is proposed. Medicaid has developed new rates, and will no longer use the Medicare rates. Overall, the proposed rates reflect a reduction from the current rates of reimbursement. 2) To be eligible, patients must require skilled nursing care on a part time or intermittent basis, or physical therapy or speech-language pathology services, or have a continued need for occupational therapy. In addition, a) a physician must certify that the patient is homebound, OR b) the patient must be nursing facility level of care. Consumers who need chronic care and maintenance level of care will be shifted to other services, which are designed to meet long term care needs. 3) The physician must certify the plan of care, and the HCFA 485 is required. 4) Requires prior authorization by the Department or its Authorized Agent for patients age 21 and older, after the initial 60 day certification period. 5) Home Health aide services and Medical Social services may be covered when these services are needed in conjunction with skilled nursing services. 6) Venipuncture shall not be covered under this section if this is the sole skilled service provided during the home health visit. 7) Documentation of all visit entrance and exit times is required. 8) To ensure that Medicaid is the payor of last resort, all bills for patients who are covered by both Medicare and Medicaid, shall be submitted to Medicare first. 9) In Sec.40.01, some definitions are revised and new definitions are added.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: August 10, 1999, 1:00 p.m., Arnold Howard Room, Augusta Civic Center, Augusta, ME
DEADLINE FOR COMMENTS: Written comments will be accepted through August 20, 1999.
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 624-5519 or 1-800-321-5557 option 1
DEAF/ HARD OF HEARING TTY#: 287-1828 or TTY# 1-800-423-4331


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), TCC Services
PROPOSED RULE NUMBER: 99-P130
CONCISE SUMMARY: This rule makes transitional child care services available to families in which one or both adults are working and the family requests that their TANF benefits terminate, even though the family remains financially eligible for TANF.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 20, 1999.
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), PaS
PROPOSED RULE NUMBER: 99-P131
CONCISE SUMMARY: This bill allows Parents as Scholars enrollees who are in their 3rd and 4th years of study to choose among work-site experience, education, training or study and allows program adjustment for good cause.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 20, 1999.
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #99-08
ADOPTED RULE NUMBER: 99-287
CONCISE SUMMARY: Minimum August, 1999 producer Class I set at $14.66 and a $2.28 Northeast Interstate Dairy Compact over order price. August, 1999 Class II goes to $11.72 and Class III minimums set at $11.31. These changes were passed on in minimum prices.
EFFECTIVE DATE: August 1, 1999
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 237, Live or Outside Work
ADOPTED RULE NUMBER: 99-288
CONCISE SUMMARY: This amendment requires all applied technology centers and regions to work with representatives of business and industry to establish local policies governing live or outside work. The policy will be developed by the individual Program Advisory Committees, approved by the governing boards, submitted to MDOE and reviewed annually.
EFFECTIVE DATE: July 18, 1999
AGENCY CONTACT PERSON: Yvonne Davis
ADDRESS: Education Department, 23 State House Station, Augusta, Maine 04333-0023
TELEPHONE: 287-5854


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Community Spouse Minimum Income Standard and Shelter Allowance - 1999
ADOPTED RULE NUMBER: 99-289
CONCISE SUMMARY: This rule applies to those in a nursing home who are covered by Medicaid and who have a spouse living at home. The person in the nursing home can give some of their income to their spouse at home. This amount is disregarded when determining how much the person must pay towards the cost of their nursing home care. The amount given to the spouse at home is based on a formula. The amounts used in the formula are increasing. The minimum monthly income standard will be $1,383 and the shelter allowance will be $415, effective July 1, 1999.
EFFECTIVE DATE (APA): July 17, 1999.
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: 94-348 - Maine Human Rights Commission

CHAPTER NUMBER AND TITLE: Ch. 2, Procedural Rule
ADOPTED RULE NUMBER: 99-290
CONCISE SUMMARY: Provides a process for amending complaints of discrimination. Adds requirements for giving notice to parties of emergency Commission meetings and fact-finding meetings. Also adds requirement for keeping a written record of witness interviews.

CHAPTER NUMBER AND TITLE: Ch. 3, Employment Regulations of the Maine Human Rights Commission
ADOPTED RULE NUMBER: 99-291
CONCISE SUMMARY: The word "handicap" has been changed to "disability" to reflect current statutory language. Also, amends language to clarify the potential liability of employers for harassment of employees by supervisors, following recent U.S. Supreme Court interpretation of analogous federal law.

CHAPTER NUMBER AND TITLE: Ch. 8, Housing Regulations of the Maine Human Rights Commission
ADOPTED RULE NUMBER: 99-292
CONCISE SUMMARY: These regulations are designed to inform interested parties of the Maine Human Rights Commission's interpretation of the provisions of the Maine Human Rights Act related to housing.

CHAPTER NUMBER AND TITLE: Ch. 9, Housing Procedural Rule
ADOPTED RULE NUMBER: 99-293
CONCISE SUMMARY: These regulations establish procedures for processing charges of unlawful housing discrimination.

EFFECTIVE DATE: July 17, 1999
AGENCY CONTACT PERSON: John F. Carnes, Esq.
AGENCYNAME: Maine Human Rights Commission
ADDRESS: 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: 207/624-6050


AGENCY: 03-201 - Department of Corrections

CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: subsection 9.15, Drug and Alcohol Testing of Adult Clients
ADOPTED RULE NUMBER: 99-294
CONCISE SUMMA RY: This Policy & Procedure governs the specific practices and conditions when adult offenders of the Maine Department of Corrections may be required to be tested for drug and/or alcohol use, including purpose, collections of specimens, testing procedures, required documentation, and action to be taken with the result of a positive test.

CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: subsection 25.3.4, Supervised Community Confinement
ADOPTED RULE NUMBER: 99-295
CONCISE SUMMARY: This amendment to departmental Policy 25.3.4, Supervised Community Confinement pursuant to Title 34-A M.R.S.A., 3036-A, clarifies the existing procedures in addressing the manner of supervising prisoners transferring to the Supervised Community Confinement Program based on the rated security level of the correctional facility that the prisoner is being transferred from; places a more precise time management schedule for the Supervising Probation Officer to complete his/her investigation of a prisoner's proposed program, upon receipt from the Regional Correctional Administrator, and the notification process to victim(s) and appropriate law enforcement officials prior to the prisoner's transfer to the program.

EFFECTIVE DATE: July 18, 1999
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: New Ch. 115, Principles of Reimbursement for Residential Care Facilities. Repeals Ch. 101, Maine Medical Assistance Manual, Ch. III Section 115 (same title). Repeals Ch. 341, Principles of Reimbursement for Boarding Homes on Cost Reimbursement
ADOPTED RULE NUMBER: 99-296
CONCISE SUMMARY: Language has been added for bedhold days, reimbursement structure for acquired brain injured residential care facilities, and replacement reserves. Approved Staffing has been redefined under Direct Care Costs, the administrative allowance and associated costs have been redefined and updated, and requirements for occupancy for new facilities have been changed. Direct care salaries for residential care facilities funded by the Department of Mental Health and Mental Retardation and Substance Abuse Services have been increased.
EFFECTIVE DATE: July 18, 1999
AGENCY CONTACT PERSON: Debra Couture, Senior Health Care Financial Analyst
AGENCY NAME: Division of Financial Services, Bureau of Medical Services
ADDRESS: 249 Western Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-8540
DEAF/HARD OF HEARING TTY#: 287-1828 or TTY# 1-800-423-4331


AGENCY: 06-096 - Maine Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 419, Agronomic Utilization of Residuals. Repeals Ch. 567.
ADOPTED RULE NUMBER: 99-299
CONCISE SUMMARY: This rule replaces 06-096 CMR Ch. 567, Rule for the Land Application of Sludge and Residuals (effective April 21, 1985), which is being repealed. Chapter 419 contains the siting, design and operational standards that apply to non-hazardous solid wastes that are stored and utilized as fertilizers, soil amendments, mulches, liming agents, or for any other beneficial agronomic use. This Chapter changes existing regulations to incorporated changes in Maine law, ensure consistency with applicable federal standards, reflect changes and advances in available solid waste technology, apply practical experience gained since 1985, and ensure consistency with other solid waste regulations.
EFFECTIVE DATE: July 19, 1999
AGENCY CONTACT PERSON: David Wright or Paula Clark
AGENCY NAME: Maine Department of Environmental Protection
ADDRESS: Solid Waste Division, BRWM, 17 SHS, Augusta, ME 04333-0017
TELEPHONE: 207/287-2651


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
TYPE OF RULE: Antlerless Deer Hunting Restrictions
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping
ADOPTED RULE NUMBER: 99-300
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted changes to the Wildlife Management Districts and season dates for certain upland game species. The regulation establishes the seasons according to the new WMDs and lengthens the season for gray squirrel, ring necked pheasant, ruffed grouse and bobwhite quail through the end of December. In addition, a law was recently enacted by the Legislature to allow the use of dogs to hunt for wild hares or rabbits during the open firearm season on deer; therefore, the rule which prohibited their use in Hancock, Knox, Lincoln, Sagadahoc, Waldo and Washington Counties has been repealed.
EFFECTIVE DATE: July 20, 1999
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


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 3, Maine State Aids to Navigation
ADOPTED RULE NUMBER: 99-301
CONCISE SUMMARY: These revisions of the bureau's rules for aids to navigation bring the rules into compliance with the current marking system regulations of the United States Coast Guard and limit the granting of permits for navigational aids and regulatory markers to lake associations, organizations, and political subdivisions.
EFFECTIVE DATE: July 20, 1999
AGENCY CONTACT PERSON: Timothy Thurston, Navigational Aids Supervisor
AGENCY NAME: Department of Conservation, Bureau of Parks and Lands
ADDRESS: 22 State House Station, Augusta, ME. 04333-0022
TELEPHONE: 207/582-5771


AGENCY: 17-229 - Maine Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 206, Regulation for the Installation of Gas, Food, Lodging and Camping Signs on the Rural Part of the Interstate Highway System.
ADOPTED RULE NUMBER: 99-302
CONCISE SUMMARY: The purpose of these regulations is to regulate the installation of gas, food, lodging and camping logo signs on the rural part of the interstate highway system. These regulations establish the size, shape, manner and location of logo signs and describe the procedure for applying to the Department for permission to erect a logo sign and the criteria used by the Department to select among applicants. The Department may contract with a private vendor to implement the logo sign program.
EFFECTIVE DATE September 1, 1999
AGENCY CONTACT PERSON: Bruce Ibarguen
AGENCY NAME: Maine Department of Transportation, Traffic Division
ADDRESS: .16 State House Station, Augusta, ME 04333-0016
TELEPHONE: 207/287-3775


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 305, Permit by Rule Standards
ADOPTED RULE NUMBER: 99-303
CONCISE SUMMARY: The Board of Environmental Protection has adopted an emergency rule amending Section 10 of Chapter 305, Permit by Rule Standards (PBR), as a result of a petition to do emergency rulemaking. Recent amendments to Section 10, effective June 1, 1999, made projects consisting of multiple stream crossings ineligible for the PBR process, requiring instead an individual permit under the Natural Resources Protection Act. This emergency rule amends Section 10 of Permit by Rule by making forestry management roads with multiple stream crossing again eligible for the Permit by Rule process. All crossings located within one township may be submitted for approval by filing one Notification Form. This emergency rule effectively allows the same forest management projects to proceed, under PBR as they did prior to the June 1, 1999, amendments. This emergency rule is in effect for 90 days, until October 12, 1999.
EFFECTIVE DATE: July 16, 1999
AGENCY CONTACT PERSON: Michael K. Mullen
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4728


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II Section 12, Consumer Directed Attendant Services
ADOPTED RULE NUMBER: 99-304
CONCISE SUMMARY: The following changes to these rules are adopted on an Emergency basis and take effect immediately: Sec. 12.01-9, definition of "family member" shall mean a spouse of the recipient, the parents or stepparents of a minor child, or a legally responsible relative. In addition, starting 8/1/99, the Department's Authorized Agent, Goold Health Systems, shall perform medical eligibility determination and prior authorization for services under this section. These rules will soon be proposed under regular rulemaking with a public comment period.
EFFECTIVE DATE: July 16, 1999
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 1-800-321-557 option 1
DEAF/HARD OF HEARING TTY#: 287-1828 or TTY# 1-800-423-4331


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