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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 26, 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: 19-499 - Department of Economic and Community Development, Office of Business Development
RULE TITLE OR SUBJECT: Ch. (New), Micro-enterprise Initiative Fund
PROPOSED RULE NUMBER: 2000-P153
CONCISE SUMMARY: The Maine Micro-enterprise Initiative is a program designed to provide grants for community based non-profit organizations to provide technical and training assistance to businesses employing less than 10 people. The purpose of the rule is to define the criteria and proposal process for applications to the fund.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13058(3) and 5 MRSA 13063-D - H.
PUBLIC HEARING): August 15, 1:00 p.m., Department of Economic and Community Development, Conference room, 33 Stone Street, Augusta, ME
DEADLINE FOR COMMENTS: August 28, 2000
AGENCY CONTACT PERSON: Peggy Schaffer
AGENCY NAME: Department of Economic and Community Development
ADDRESS: 59 State House Station, Augusta, ME 04333
E-MAIL: peggy.schaffer@maine.gov
TELEPHONE: 287-8480


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Miscellaneous Policy Clarifications and Amendments 51-P
PROPOSED RULE NUMBER: 2000-P155
CONCISE SUMMARY:
Statement of Fact:
This rule:
corrects page numbers contained in the Table of Contents.
amends the Refugee Cash Assistance (RCA) program required by new federal regulations and adds reference to the RCA Program in the introduction section of the manual.
* eliminates the essential person policy from the TANF Program and allows caretaker relatives and most stepparents a choice to be included or excluded from TANF.
* clarifies that no TANF assistance will be provided to families who do not assign their rights to support.
* amends policy to allow individuals serving a sanction/penalty for not complying with ASPIRE-TANF rules an opportunity to end a sanction earlier than 3 or 6 months when they engage in paid employment of, at least, 3 hours per week and at no less than minimum wage.
* adds JTPA and Amencorp payments of all types to the list of excluded assets and income for TANF.
* relocates the history of earned income disregards prior to 7/1/99 to the appendix.
* relocates the history of budgeting pretests and disregards for TANF prior to 7/1/98 to the appendix.
* adds a clarifying note to Transition Child Care policy that limits a family's fee to 10% of the family's gross income.
* redefines the terms toddler and pre-schooler for Transitional Child Care.
* removes text that explains the procedure used to complete child care provider checks from the policy manual.
* updates the Transitional Child Care fee assessment criteria.
* clarifies that overpaid ASPIRE-TANF Support Services are treated like TANF overpayments.
* amends Transitional Transportation overpayment policy to allow collection of such overpayments from TANF benefits without a client's permission.
* corrects a typographical error on page 8 of chapter VII.
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 25, 2000
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
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 2000-P154
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)


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #09-00
PROPOSED RULE NUMBER: 2000-P156
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 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 9:00 a.m. Thursday, August 10, 2000, Department of Agriculture, Food & Rural Resources, Deering Building-Room 319, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
August 10, 2000
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building- Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 65-407 - Public Utilities Commission

RULE TITLE OR SUBJECT: Ch. 510, Authorization and Operation of Ferries in Casco Bay (replaces Ch. 51)
PROPOSED RULE NUMBER: 2000-P158
CONCISE SUMMARY This rule establishes regulation relating to the authorization and operation of ferries in Casco Bay.
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 5101, 5101-A - 5101-F, 5102 - 5107

RULE TITLE OR SUBJECT: Ch. 520, Unscheduled Tour, Charter and Water Taxi Services and Unscheduled Freight Services in Casco Bay
PROPOSED RULE NUMBER: 2000-P159
CONCISE SUMMARY: This rule establishes provisions governing unscheduled freight service and unscheduled tours, charters and water taxi services in Casco Bay
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 5101-D, and 5101-E

RULE TITLE OR SUBJECT: Ch. 560, Publication and Posting Requirements for Rate Changes filed by Casco Bay Island Transit District (replaces Ch. 56)
PROPOSED RULE NUMBER: 2000-P160
CONCISE SUMMARY: This rule establishes the public notice requirement for rate changes filed by the Casco Bay Island Transit District.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 111, 5101; P. & S.L. 1981, ch. 22(12)

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: August 25, 2000
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18 Augusta, Maine, 04333-0018
TELEPHONE: 287-1396


ADOPTIONS

AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: Subsection 15.1, Prisoner Disciplinary Procedures
ADOPTED RULE NUMBER: 2000-295
CONCISE SUMMARY: The Department of Corrections (DOC) is committed to maintaining a safe and secure living and working environment for prisoners, staff, and visitors and to promoting responsible prisoner behavior. To this end, the DOC shall have and enforce rules for prisoners, in order to provide prisoners with a clear understanding of expected behavior. Appropriate, consistent, and fairly applied disciplinary sanctions, consistent with the constitutional and statutory rights of individual prisoners, contribute to the rehabilitation of prisoners and the maintenance of the good order of the DOC. This policy describes each of these items.
EFFECTIVE DATE: July 19, 2000
AGENCY. CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 65, Mental Health Services
ADOPTED RULE NUMBER: 2000-296
CONCISE SUMMARY: Major changes included in this final rule require eligible providers of mental health service to hold a valid contract or letter of approval with the Department of Mental Health, Mental Retardation, and Substance Abuse Services (DMHMRSAS) in order to be reimbursed by Medicaid for the delivery of covered services as reflected under Section 65. DMHMRSAS will contract with any licensed agency willing to contract and able to meet standard DMHMRSAS contract requirements for mental health services. Children's Assertive Community Treatment (ACT) Service has been added as a covered service. Security checks for independent behavioral health specialists are required and family members are not eligible for reimbursement as behavioral specialists. In addition, criteria for Behavioral Specialist 1's are modified to allow Behavioral Specialist 1's conditional and provisional approval to deliver behavioral health services. Chapter III reflects associated rate changes.
EFFECTIVE DATE: July 19, 2000
AGENCY CONTACT PERSON: Julia White, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5517
TTY (207) 287-3799


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #08-00
ADOPTED RULE NUMBER: 2000-297
CONCISE SUMMARY: Minimum August, 2000 producer Class I and Northeast Dairy Compact Over Order Price set at $16.94. Class III minimums set at $9.46. These changes were passed on in minimum prices.
EFFECTIVE DATE: August 1, 2000
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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