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July 31, 2002
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: 01-015 - Maine Milk Commission

RULE TITLE OR SUBJECT: Ch. 13, Retail Cost Studies
PROPOSED RULE NUMBER: 2002-P198
CONCISE SUMMARY: Hearing on procedures for the gathering of information necessary to establish Minimum retail margins.
STATUTORY AUTHORITY: 7 MRSA 2953
DEADLINE FOR COMMENTS:
Prefile: August 23, 2002
Closing Comments: 5:00 p.m. Tuesday, September 3, 2002

RULE TITLE OR SUBJECT: Ch. 27, Retail Margins
PROPOSED RULE NUMBER: 2002-P199
CONCISE SUMMARY: Hearing to establish retail margins for milk sold in Maine.
STATUTORY AUTHORITY: 7 MRSA 2954
DEADLINE FOR COMMENTS:
Prefile: August 23, 2002
Closing Comments: 5:00 p.m. Tuesday, September 3, 2002

RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #09-02
PROPOSED RULE NUMBER: 2002-P200
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.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
DEADLINE FOR COMMENTS: August 23, 2002

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: 1:30 p.m., Friday, August 23, 2002, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 319, Augusta, Maine 04333
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Single Family Home Improvement Rule
PROPOSED RULE NUMBER: 2002-P201
CONCISE SUMMARY: The Maine State Housing Authority may offer mortgage financing for the improvement of single family housing for persons of low and moderate income, including without limitation, rehabilitation, home replacement, emergency repairs, lead paint mitigation, and accessibility improvements. MSHA desires to repeal two outdated rules governing such programs, Ch. 3 - Home Improvement/Energy Conversation Loan Program Rule and Ch. 14 - Single Family Housing Preservation Loan Program, and replace them with one rule governing program design, eligibility standards, mortgage standards, and construction standards for mortgage financing of improvements to single family homes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A 4722(l), 4741(l)
PUBLIC HEARING: Tuesday, August 20, 2002, 9:30 a.m., Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: August 30, 2002, 5:00 p.m.
AGENCY CONTACT PERSON: Linda Sears Uhl
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Ch. 31, Proposed Statement for Administering the 2003 Maine Community Development Block Grant Program
PROPOSED RULE NUMBER: 2002-P202
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13058, Subsection 3
PUBLIC HEARINGS:
August 21, 2002, 1:00 p.m., Council Chamber, City Hall, 12 Second Street, Presque Isle, Maine 04769
August 22, 2002, 9:30 a.m., EMDC Conference Room, One Cumberland Place Suite 300, Bangor, Maine 04402
August 23, 2002, 1:OO p.m., DECD West Conference Room, Burton Cross Building, 3rd Floor, 111 Sewall Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: September 4, 2002 at 4:OO p.m.
AGENCY CONTACT PERSON: Michael D. Baran, Technical Assistance Program Manager
AGENCY NAME: Department of Economic and Community Development, Office of Community Development
ADDRESS: 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9816


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Migratory Bird Hunting Season
PROPOSED RULE NUMBER: 2002-P203
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider adoption of the following rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds (SUBJECT TO CHANGE TO COMPLY WITH FINAL FEDERAL GUIDELINES PUBLISHED IN SEPTEMBER).
1) Ducks (except Black Ducks): NORTH ZONE: October 1 through December 9, 2002. SOUTH ZONE: October 1 through October 19, 2002, November 4 through December 23, 2002
Black Duck Season: NORTH ZONE: October 5 through December 9, 2002. SOUTH ZONE: October 5 through October 19, 2002, November 4 through December 23, 2002
Daily Limit: 4; Possession Limit: 8 with the following exceptions:
a. From October 1. - 4, NO BLACK DUCKS MAY BE TAKEN.
b. Closed season for Harlequin ducks.
c. Daily limit: 1; possession limit: 2 for black ducks, pintail, canvasback (Oct. 1 -
Oct. 19 only), mottled ducks and fulvous tree ducks.
d. Daily limit: 2; possession limit: 4 for hen mallard, wood ducks and redhead ducks.
e. In addition to the daily limit of 4, two (2) additional teal may be taken per day (either blue-winged teal or green-winged teal). NOTE: A possession limit of 12 is permitted providing that it includes 4 or more teal.
f. Daily limit: 3; possession limit: 6 for scaup.
2) Mergansers and American coots: SEASON SAME AS DUCKS. Daily limit 5; possession limit 10 with the following exceptions: a. Hooded mergansers: daily limit:, 1; possession limit: 2.
3) Canada Geese (Special Early Season): September 3 through September 25, 2002. Daily limit: 3; possession limit: 6.
Regular Goose Season - NORTH ZONE: October 1 through November 15, 2002. SOUTH ZONE: October 1 through October 19, 2002, November 19 through December 14, 2002. Daily limit: 2; possession limit: 4
4) Snow Geese: October 1, 2002 - January 31, 2003. Daily limit 15; no possession limit.
5) Brant: October 1 - November 27, 2002. Daily limit 2; possession limit 4.
6) Special Falconry Season: In addition to the regular migratory bird season on ducks, mergansers, American coots: NORTH ZONE: December 10, 2002 - January 31, 2003. SOUTH ZONE: January 7, 2003 - February 28, 2003. Falconry season daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 6 birds respectively, singly or in the aggregate.
7) Sea Ducks: (scoter, eider, long-tailed duck): October 1, 2002 through January 20, 2003. Daily limit 7; possession limit 14 with following exceptions: Scoter (Sea Coot): daily limit: 4; possession limit: 8. Common Eider: daily limit: 5; possession limit: 10.
8) Woodcock: October 1 through October 30, 2002. Daily limit: 3; possession limit 6.
9) YOUTH WATERFOWL HUNT: September 21, 2002. Bag limits as above except that youth hunters may take 1 black duck. Special regulations will apply to youth and accompanying adult.
10) 2003 RAILS AND GALLINULES SEASON AND BAG LIMIT CHANGES: The commissioner proposes to adopt the following changes for the 2003 season: The daily bag and limit for Rails (Sora and Virginia) will be 10 and the possession limit will be 20; the season dates will be determined in 2003. The season will be closed for Gallinules (Common Moorhens).
Copies of the proposed rules may be obtained from the Agency Contact Person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 12 MRSA 7035 and 7456
PUBLIC HEARING: Tuesday, August 20, 2002 at, 6:30 p.m. at the Augusta Civic Center, Lincoln/Oxford Room, Civic Center Drive, Augusta, ME
DEADLINE FOR COMMENTS: August 20, 2002.
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333
E-MAIL: andrea.erskine@maine.gov


ADOPTIONS

AGENCY: 95-592 - Small Enterprise Growth Board
CHAPTER NUMBER AND TITLE: Ch. 701, Small Enterprise Growth Program - Amendment 3
ADOPTED RULE NUMBER: 2002-267
CONCISE SUMMARY: The rule amendment implements the legislative changes enacted by PL 2001, Ch. 541. The changes allow the program fund to benefit from previous investments by making subsequent investments in previous recipients that have grown so they exceed the size permitted for an initial investment. It also allows the Board to make investments in any one business up to 10% of the fund.
EFFECTIVE DATE: July 24, 2002
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, Counsel to the Board, c/o Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Manual - Address Confidentiality Program
ADOPTED RULE NUMBER: 2002-267
CONCISE SUMMARY: The 120th Maine Legislature has enacted a law creating an Address Confidentiality Program (ACP) to be administered by the Secretary of State's Office. The program will provide address confidentiality for victims of domestic violence, stalking or sexual abuse and requires state and local agencies and the courts to accept a designated address as the program participants' address when creating a public record. This rule implements this provision for the Food Stamp Program. By being a certified participant in this program, Food Stamp recipients are alerted to the fact that timely decisions and notices will be mailed to the designated address and, as the ACP is a mail forwarding service, the participants may experience delays in the receipt of decisions, notices and benefits.
EFFECTIVE DATE: July 27, 2002
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Human Services
Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 02 - Department of Professional and Financial Regulation:
029 - Bureau of Financial Institutions
030 - Office of Consumer Credit Regulation
CHAPTER NUMBER AND TITLE: Bureau of Financial Institutions, Ch. 138 (Regulation #38), and Office of Consumer Credit Regulation, Ch. 240: Truth in Lending, Regulation Z-2
ADOPTED RULE NUMBER: 2002-270
CONCISE SUMMARY: This regulation, originally promulgated in 1981 and re-promulgated in 1986, 1989, 1992, 1997 and 1998, adopts the Federal Truth-in-Lending regulations by reference so as to implement Article VIII of the Maine Consumer Credit Code. These regulations describe how the cost of credit and leases must be disclosed to consumers and how billing errors must be resolved in open-end credit.
EFFECTIVE DATE: July 28, 2002
AGENCY CONTACT PERSONS:
Martine M. Ortiz, Staff Attorney, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036. TELEPHONE: (207) 624-8561
William N. Lund, Director, Office of Consumer Credit Regulation, 35 State House Station, Augusta, ME 04333-0035. TELEPHONE: (207) 624-8527


AGENCY: 14-472 - Department of Behavioral and Developmental Services
CHAPTER NUMBER AND TITLE: Ch. 3, Regulations governing timeliness standards for in-home behavioral health and case management services under Medicaid
ADOPTED RULE NUMBER: 2002-272
CONCISE SUMMARY: Pursuant to a settlement agreement reached in Risinger, the Department is responsible for promulgating an emergency rule to implement the timeliness standards contained therein which relate to the provision of in-home behavioral health services and case management services.
EFFECTIVE DATE: July 24, 2002
A . GENCY CONTACT PERSON: Nancy Christensen
AGENCY NAME: Behavioral and Developmental Services
ADDRESS: 40 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7368


AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 243, Uniform Reporting System For Health Care Claims Data Sets
ADOPTED RULE NUMBER: 2002-273
CONCISE SUMMARY: This chapter contains the provisions for filing health care claims data sets from all third-party payers, third-party administrators, and carriers that provide only administrative services for a plan sponsor, including: identifying the organizations required to report; establishing requirements for the content, form, medium and timefrarne for filing health care claims; establishing standards for the data reported; and compliance provisions.
EFFECTIVE DATE: July 29, 2002
CONTACT PERSON: Alan M. Prysunka, Executive Director
AGENCY NAME: Maine Health Data Organization
ADDRESS: Gardiner Annex - 122 Northern Avenue, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 624-8655


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #08-02
ADOPTED RULE NUMBER: 2002-274
CONCISE SUMMARY: Minimum August, 2002 Class I price is $13.73 plus $.15/cwt. Producer Cost of Production and an over order premium of $0.80/cwt. as being prevailing in southern New England for a total of $14.68. Class II minimums set at $11.34 which includes $.15/cwt. for Cost of Production. These changes were passed on in minimum prices. Minimum Prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.html.
EFFECTIVE DATE: August 1, 2002
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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