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July 30, 1997
Rule-Making Notice

as it appears in 5 daily Maine newspapers

PROPOSALS
AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Rules Governing Driver Education
PROPOSED RULE NUMBER: 97-P143
CONCISE SUMMARY: These. rules set the minimum qualifications, licensing requirements and the procedures for licensing driver education schools, instructors and teachers. The rules also establish a standardized driver education curriculum. The rules repeal and replace existing rules governing driver education.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA 153
PUBLIC HEARINGS:
August 20, 1997, 4 p.m. to 8 p.m., Eastern Maine Technical College, Room 501A, Hogan Road, Bangor.
August 21, 1997, 4 p.m. to 8 p.m., Southern Maine Technical College, Machine Tool Auditorium, Fort Road, South Portland.
DEADLINE FOR COMMENTS: August 31, 1997
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State-House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 287-4687

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Chapter 150, Hospital Finance Rules, Section 15 and Section 20
PROPOSED RULE NUMBER: 97-P144
CONCISE SUMMARY: The proposed rules replaces existing policy to enable the Department to establish gross patient service revenue limits for hospitals during state fiscal years 1996, 1997 & 1998 and to establish the apportionment of the rural and financially distressed hospital fund during state fiscal year 1997.
THIS RULE MAY HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 383, P.L. 1995, Chapter 503, 3.
PUBLIC HEARING: August 18,1997, 9:00 - 10:30 a.m., Bureau of Medical Services Conference Room, 249 Western Avenue, Augusta, ME 04333-0011.
DEADLINE FOR COMMENTS: August 29,1997
AGENCY CONTACT PERSON: Maurice Gagnon, Policy Development, Bureau of Medical Services, 11 State House Station , Augusta, Maine 04333; (207) 624-5521.

AGENCY: 09-137 - Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Open Water and Ice Fishing Regulations
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is beginning its biennial schedule of public hearings to consider changes for the 1997-1999 ice fishing and the 1998 and 1999 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 first 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 19, 1997 - Univ. of Maine at Machias, Science Bldg., Room 102, Machias, Maine - 7:00 p.m.
August 20, 1997 - Ellsworth VFW, Eastern Road, Ellsworth, Maine - 7:00 p.m.
August 21, 1997 - Skowhegan Municipal Building, 90 Water Street, Skowhegan - 7:00 p.m.
DEADLINE FOR COMMENTS: September 26,1997
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041; telephone: 287-5201.

AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT-. Chapter 307, Amendment 2 - Maine Seed Capital Tax Credit Program
PROPOSED RULE NUMBER: 97-P146
CONCISE SUMMARY. The proposed amendment changes the existing rule to make it consistent with several recent changes to the statute governing the program and to make credits more widely available. Material changes include: deletion of references to job opportunity zones and reservations of credits to businesses within such zones; creation of a discretionary reservation of credits for natural resource enterprises; allowance of credits for additional investments made by persons previously receiving credits; and expanding eligibility for credits to certain family members of principal owners.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 M.R.S.A. 1100-T, 10 M.R.S.A. 969-A(14)
PUBLIC HEARING: August 21, 1997, at 1-00 p.m. at the Augusta Inn in Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before August 21, 1997, but will be accepted on or before August 31, 1997. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON (for copies of the rule or other questions): Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine (FAME), PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice); (207) 626-2715 (TDD); (207) 623-0095 (FAX)

AGENCY: 19-498 - Department of Economic and Community Development, Office of Economic Development (DECD/OCD)
RULE TITLE OR SUBJECT: Proposed Statement for Administering the 1998 Community Development Block Grant Small Cities Program (Chapter 17).
PROPOSED RULE NUMBER: 97-P147
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 Small Cities Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13058, Subsection 3
PUBLIC HEARINGS:
August 20, 1997, 2:00 PM, Conference Room, Office of Community Development, 33 Stone Street, Augusta, Maine 04333
August 21, 1997, 2:00 PM, EMDC Conference Room, One Cumberland Place, Suite 300, Bangor, Maine 04402
August 22, 1997, 10:00 AM, Council Chamber, City Hall, 12 Second Street, Presque Isle, Maine 04769
DEADLINE FOR COMMENTS: September 3, 1997 at 4:00 p.m.
AGENCY CONTACT PERSON: Aaron Shapiro, CDBG Program Manager
AGENCY NAME: Office of Community Development
ADDRESS: DECD/OCD, 33 Stone Street, 59 State House Station Augusta, Maine 04333-0059
TELEPHONE: 287-8485

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Chapter 101, Chapter II, Section 55, "Laboratory Services" of the Maine Medical Assistance Manual
PROPOSED RULE NUMBER: 97-P148
CONCISE SUMMARY: This proposed rule change clarifies the Maine Medical Assistance Manual, Chapter II, Section 55, "Laboratory Services", dealing with covered services. The change in the rule revises Medicaid policy for the bundling or grouping of laboratory frequently done as a group (profile) on automated equipment. Certain groups or panels of tests are done under codes specified in the Physicians' Current Procedural Terminology (CPT) Manual. Providers are directed to not "unbundle" and bill separately for tests included as part of a group or panel that pays at a lower rate. Also, policies on referrals to physician-owned laboratories are clarified.
THIS RULE WILL NOT X HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: 1:30 P.M., August 18, 1997, Policy Conference Room, Bureau of Medical Services, 35 Anthony Avenue, Augusta, ME 04330
DEADLINE FOR COMMENTS: August 29, 1997
AGENCY CONTACT PERSON: Peter J. Ezzy , Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 35 Anthony Avenue, #11 State House Station, Augusta, Maine 04333
TELEPHONE: 207-624-5514


ADOPTIONS
AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Sea Urchin Harvesting Season 1997-98
ADOPTED RULE NUMBER: 97-250
CONCISE SUMMARY: These amended rules establish season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 and Zone 2 for 1997-1998. After consideration for practicality of achievement, the proposed reduction in tolerance to 2 percent from 10 percent allowance for the harvesting of sea urchins less than 2 inches in the longest diameter, will not be enacted.
EFFECTIVE DATE: July 22, 1997
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

AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Chapter 378 Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and Performance Standards for the Storage of Petroleum Products
ADOPTED RULE NUMBER: 97-252
CONCISE SUMMARY: This chapter sets the criteria for granting a variance from certain performance standards under 38 M.R.S.A. Section 490-D and Section 490-Z. The rule establishes the performance and design standards for the storage of petroleum products at excavation sites and rock quarries.
EFFECTIVE DATE: July 27, 1997
AGENCY CONTACT PERSON: Mark Stebbins
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: 287-2111

AGENCY: 02-380 - Maine State Board Of Nursing
CHAPTER NUMBER AND TITLE: Chapter 6, Regulations Relating to Coordination and Oversight of Patient Care Services by Unlicensed Health Cape Assistive Personnel
ADOPTED RULE NUMBER: 97-253
CONCISE SUMMARY: this rule will apply the statutory language that authorizes the registered professional nurse to coordinate and oversee patient care services provided by unlicensed health care assistive personnel to nursing practice.
EFFECTIVE DATE: July 27, 1997
AGENCY CONTACT PERSON: Myra A. Broadway, Assistant Executive Director
AGENCY NAME: Maine State Board Of Nursing
ADDRESS: 24 Stone St., 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: 207-287-1133


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