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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) 624-7650
FAX (207) 287-6545

August 1, 2001
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: 02-395 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Plumbers' Examining Board
RULE TITLE OR SUBJECT:
Repeal and Replace Ch. 2, Complaints, Investigations and Adjudicatory Hearings
Repeal and Replace Ch. 3, Licensing Requirements
Amend Ch. 4, Installation Standards
Repeal and Replace Ch. 5, Examination Requirements
Repeal and Replace Ch. 6, Reciprocity
PROPOSED RULE NUMBER: 2001-P176
CONCISE SUMMARY: The proposed rules describe the procedure by which complaints and adjudicatory hearings will be handled by the Board. The proposed rules set forth specific information pertaining to the examinations as well as the requirements for licensure as a Trainee Plumber, Journeyman Plumber, and Master Plumber and the procedure to qualify for licensure by reciprocity. The proposed rules adopt the International Association of Plumbing and Mechanical Officials Uniform Plumbing Code, 2000 edition, State of Maine Internal Plumbing Code as the standard for plumbing installations in the State of Maine.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES: Since the Plumbers' Examining Board is proposing to adopt the International Association of Plumbing and Mechanical Officials Uniform Plumbing Code, 2000 edition, State of Maine Internal Plumbing Code as the standard for plumbing installations in the State of Maine, training will be required for local plumbing inspectors (will not exceed two days). Even though there is no cost for this training, local plumbing inspectors will lose work time in order to attend a training session.
STATUTORY AUTHORITY: 32 MRSA 3403-A
PUBLIC HEARING: Wednesday, August 22, 2001, 9:00 a.m., Department of Professional and Financial Regulation, Central Conference Room, Gardiner Annex, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: September 14, 2001
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #09-01
PROPOSED RULE NUMBER: 2001-P181
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: 1:30 p.m., Friday, August 17, 2001 Room 319, Department of Agriculture ,Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: August 17, 2001
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. 204, Basic-Service Calling Area
PROPOSED RULE NUMBER: 2001-P182
CONCISE SUMMARY: The purpose of this Rulemaking is to amend Ch. 204 (65-407 CMR 204), Basic-Service Calling Area, to make it consistent with recent statutory requirements, including adding a waiver provision for customers in single exchange calling areas and adding standards for evaluating waiver requests.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 7303-A
PUBLIC HEARING: None scheduled; one may be requested.
COMMENT DEADLINE: August 31, 2001
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-1396


AGENCY: 01-017 - Maine Harness Racing Commission

RULE TITLE OR SUBJECT: Ch. 1, Administration, Section 1: Definitions
PROPOSED RULE NUMBER: 2001-P183
CONCISE SUMMARY: The proposed rule would put back into the rules a definition for protest. This definition was deleted by error during revision of the rules in January, 2001.

RULE TITLE OR SUBJECT: Ch. 5, Tracks, Section 2-A: Insurance
PROPOSED RULE NUMBER: 2001-P184
CONCISE SUMMARY: The proposed change, which deletes this Section, will be consistent with the intention of the Commission during the Public Hearing of the Commission's Rules in January 2001.

RULE TITLE OR SUBJECT: Ch. 7, Racing, Section 58: Placing Offending Horses
PROPOSED RULE NUMBER: 2001-P185
CONCISE SUMMARY: The proposed change will put language back into this Section that was deleted erroneously during the revision of this Rule in January, 2001.

RULE TITLE OR SUBJECT: Ch. 13, Pari-mutuel
PROPOSED RULE NUMBER: 2001-P186
CONCISE SUMMARY: The proposed change would allow licensed live racing pari-mutuel tracks to offer Pick-three (3) wagering.

RULE TITLE OR SUBJECT: Ch. 7, Racing, Section 17: Claiming Races
PROPOSED RULE NFUNIBER: 2001-P187
CONCISE SUMMARY: The proposed change will put language back into this Section that was deleted by error during the revision of the Rule in January, 2001.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA 263-A, 268, 275-C, 279-A, 279-B, and 281
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: August 31, 2001
AGENCY CONTACT PERSON: Henry W. Jackson
AGENCY NAME: Maine Harness Racing Commission
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.90(B)(1), Swans Island Conservation Area
PROPOSED RULE NUMBER: 2001-P188
CONCISE SUMMARY: The Commissioner proposes two changes to the definition of the Swans Island Conservation Area boundary line. A technical correction would be made to the geodetic coordinates in the definition converting the format to decimal degrees from degrees, minutes and seconds as originally filed in error in 1984. The second change would move the intersection point on the eastern line westerly from the northern point on the eastern Sister Island to a point midway between the Sister Islands, which visually aligns with Bass Harbor Head Light and the northeastern tip of Placentia Island.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, August 31, 2001
AGENCY CONTACT PERSON: Alan Talbot
WRITTEN COMMENTS: c/o Laurice Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 667-3373
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections & Commissions

CHAPTER NUMBER AND TITLE: Ch. 200, Rules for the Use of Expedited Service in Corporations
ADOPTED RULE NUMBER: 2001-269
CONCISE SUMMARY: This rule is being amended to delete references to UCC filings. The sections relating to expedited UCC filings will be included in the Ch. 401, Model Rules for Uniform Commercial Code, Article 9-A.

CHAPTER NUMBER AND TITLE: Ch. 401, Model Rules for Uniform Commercial Code, Article 9-A
ADOPTED RULE NUMBER: 2001-270
CONCISE SUMMARY: Statute changes to the Uniform Commercial Code has resulted in major changes in processing and retrieval of UCC filings. These rules will establish new procedures to conform with the revised Uniform Commercial Code, Article 9-A.

EFFECTIVE DATE: July 24, 2001
AGENCY CONTACT PERSON: Timothy Poulin
AGENCY NAME: Department of Secretary of State, Bureau of Corporations, Elections & Commissions
ADDRESS: 101 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-7736


AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2001-271
CONCISE SUMMARY: Ch. 10 rules adopted by the Office of Licensing and Registration are amended to include the licensing and various fees assessed by the Board of Respiratory Care Practitioners. Further, the amendment proposes to set the fee level for the new Associate Permit category, and to decrease the original and renewal fee for respiratory care therapists, technicians, and temporary licenses.
EFFECTIVE DATE: July 25, 2001
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8625


AGENCY: 02-343 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Respiratory Care Practitioners
RULE TITLE OR SUBJECT:
Repeal the following chapters:
Ch. 1, Definitions
Ch. 2, Licensure
Ch. 3, Standards of Practice
Ch. 4, Continuing Respiratory Care Education Requirements for Renewal of Licensure
Ch. 5, Enforcement and Disciplinary Procedures
Replace the above with new chapters as follows:
Ch. 1, Definitions
Ch. 2, General Provisions
Ch. 3, License Requirements for Respiratory Care Practitioners
Ch. 4, Continuing Education Requirements for Respiratory Care License Renewal
Ch. 5, Enforcement and Disciplinary Procedures
Ch. 6, Code of Ethics
Ch. 7, Standards of Professional Conduct
ADOPTED RULE NUMBER: 2001-272 through 2001-278
CONCISE SUMMARY: These rules will: 1) identify and clarify certain terms used by this profession; 2) specify the manner in which meetings, rulings, hearings and records of the board will occur; 3) specify and clarify the qualifications and method for filing applications for registrations, permits and licensing for respiratory care practitioners; 4) update and clarify procedures for filing and handling complaints, including clarification of the terms used for specific grounds for discipline; and 5) establish standards for the practice of respiratory care and grounds of unprofessional conduct for persons licensed and practicing in Maine.
EFFECTIVE DATE: July 25, 2001
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8625


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 29, Multi-family Development and Supportive Housing Loans and Grants Rule
ADOPTED RULE NUMBER: 2001-279
CONCISE SUMMARY: MSHA is amending the Multi-family Development and Supportive Housing Loans and Grants Rule to authorize MSHA to provide flexible financing to be disbursed to developers by municipalities in targeted areas for revitalization and to establish a one-to-one match ratio which municipalities must provide for such financing.
EFFECTIVE DATE: July 25, 2001
AGENCY CONTACT PERSON: Linda Sears Uhl, Chief Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Various Edits and Changes
ADOPTED RULE NUMBER: 2001-280
CONCISE SUMMARY: Included in SSI-related rules: the net loss from self-employment can be deducted from other earnings; income-in-kind is no longer countable income; the annual limit on excluding earnings of a student is deleted. COLA disregards are applied to those in Cost Reimbursed Boarding Homes/Adult Family Care Homes and in Days Awaiting Placement for Residential Care.
Included in Family-related rules: deletes the requirement to comply with DSER while under Transitional Medicaid; for refugees, only income/assets available as of date of application (as opposed to projection over 6 months) is used; rules on self-employment income are made consistent with SSI-related rules.
For all coverage groups: income and assets are excluded for all Individual Development Accounts, not just those set up under TANF rules; clarifies what is a medical expense in determining a cost of care for Waivers or Nursing Home coverage.
EFFECTIVE DATE: July 28, 2001 (retroactive to June1, 2001)
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: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 288, Provisions of High Cost Universal Service Fund
ADOPTED RULE NUMBER: 2001-281
CONCISE SUMMARY: The Commission initiated this rule-making for the purpose of providing "high cost" support for those local exchange telephone companies that are not able to maintain affordable and reasonably comparable local service rates in the absence of such support. The rule will assess the intrastate retail service revenues of all telecommunications providers.
EFFECTIVE DATE: July 29, 2001
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-1396


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