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August 4, 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: 02-039 - Department of Professional & Financial Regulation, Real Estate Commission
RULE TITLE OR SUBJECT:
Ch. 300, General Information
Ch. 330, Minimum Standards of Practice
Ch. 350, Adjudicatory Hearings
Ch. 360, Prerequisites to Licensure by Individuals
Ch. 380, Fees
PROPOSED RULE NUMBER: 99-P150
CONCISE SUMMARY: The amendment to Chapter 300 will allow the Commission to meet as needed without violating its own rule to meet every month. The amendment to Chapter 330 will replace the current mandatory agency disclosure form with an agency relationships form and will amend the requirements regarding presentation of the form, in addition to clarifying the type of property disclosure information that is to be obtained and presented for various types of property. The amendment to Chapter 350 will make one section gender neutral, and will repeal from the list of parties to a Commission hearing a person aggrieved by the Director's decision to dismiss a complaint, consistent with the statutory change to 32 M.R.S.A. 13066. The amendment to Chapter 360 will define "degree program" and specify the time period for completion of educational requirements and submission of applications, for the broker and associate broker licenses. In addition, the amendments to Chapter 360 and Chapter 380 repeal the references to the qualifications, examination, and biennial license fee for timeshare agents consistent with the statutory change to 32 M.R.S.A. 13201.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 M.R.S.A., c.114 13065
PUBLIC HEARING: Thursday, August 26, 1999 - 9:00 a.m., Central Conference Room, Department of Professional & Financial Regulation, 122-124 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: September 10, 1999
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Director
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520


AGENCY: 10-148 - Department of Human Services, Community Services Center (name changed from the Auditing, Contracting and Licensing Service Center, effective 7/l/99, PL Chapter 401, Part L)

RULE TITLE OR SUBJECT: Ch. 5, Purchase of Service Policy Manual, Section VI, Income Eligibility Determination, Verification and Documentation
PROPOSED RULE NUMBER: 99-P151
CONCISE SUMMARY: The proposed addition of Section VI to the Purchase of Service Policy Manual contains the Department of Human Services policy for the determination, verification and documentation of family income applicable to purchase of service contract agreements containing income eligibility requirements. These agreements are with community agencies who provide child day care services (child care slots and vouchers), transportation services, homemaker services, support services/residential, and support services/early intervention programs. Standards include: income guideline standards, definition of "family", income included in family gross income, adjustments to family gross income, income excluded from family gross income, and verification, documentation and treatment of gross family income.
PUBLIC HEARING:
August 24,1999, University of Southern Maine, 303 Payson Smith Hall, 96 Falmouth St., Portland, Me., from 8:30 p.m. to 9:30 p.m.
August 25, 1999, University of Maine at Augusta, 156 Jewett Hall (Auditorium), 4C University Drive, Augusta, Me., from 8:30 p.m. to 9:30 p.m.
August 26, 1999, University College of Bangor, 201 Texas Avenue (College Center, Ballroom), Bangor, Me., from 8:30 p.m. to 9:30 p.m.

RULE TITLE OR SUBJECT: Ch. 5, Purchase of Service Policy Manual, Section V, Sub-Section I, Child Care Voucher Services
PROPOSED RULE NUMBER: 99-P152
CONCISE SUMMARY: The proposed addition of Sub-Section I to Section V of the Purchase of Service Policy Manual contains the Department of Human Services's policy for the administration of child care voucher services through purchase of service agreements with community agencies. It contains service definitions, identification of the client groups served, and standards applicable to the Department, to the community agencies who contract with the Department to administer the program, to caregivers who enter agreements with the community agencies to provide child care services, and to voucher recipients or parents. Standards include: voucher program administration, income eligibility requirements, other eligibility requirements, fee assessment to parents, payment to caregivers, enrollment, waiting lists, and termination of voucher services.
PUBLIC HEARINGS:
August 24,1999, University of Southern Maine, 303 Payson Smith Hall, 96 Falmouth St., Portland, Me., from 6:30 p.m. to 8:30 p.m.
August 25, 1999, University of Maine at Augusta, 156 Jewett Hall (Auditorium), 46 University Drive, Augusta, Me., from 6:30 p.m. to 8:30 p.m.
August 26, 1999, University College of Bangor, 201 Texas Avenue (College Center, Ballroom), Bangor, Me., from 6:30 p.m. to 8:30 p.m.

STATUTORY AUTHORITY: 22 MRSA 6-C, Sec. CC-6; 22 MRSA 5310, 10; and 22 MRSA 12
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: September 10, 1999
AGENCY CONTACT PERSON: Kathy Thompson
AGENCY NAME: Community Services Center
ADDRESS: 11 State House Station, 221 State Street, Augusta, ME 04333-0011
TELEPHONE: (207) 287-8167
TTY: (207) 287-5048
E-MAIL: kathy.m.thompson@maine.gov


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Migratory Bird Hunting Season
PROPOSED RULE NUMBER: 99-P153
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife 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 November 27, 1999; SOUTH ZONE: October 1 through October 16, 1999, November 8 through December 18, 1999
Black Duck Season; NORTH ZONE: October 9 through November 27, 1999; SOUTH ZONE: October 9 through October 16, 1999, November 8 through December 18, 1999
Daily Limit - 4; Possession Limit - 8 with the following exceptions:
a. From October 1 - 8, NO BLACK DUCKS MAY BE TAKEN.
b. Closed season for Harlequin ducks.
c. Daily limit 1; possession limit 2 for black ducks, pintails, canvasback, mottled ducks and falvous 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.
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.
b. American coots: Daily limit 15, possession limit 30.
3) Canada Geese (Special Early Season): September 7 - September 25, 1999. Daily limit 3; possession limit 6.
Regular Goose Season (If offered) NORTH ZONE: October 1 - November 16,1999; SOUTH ZONE: October 9 - November 24,1999. Daily limit: 2; possession limit: 4
4) Snow Geese: October 1, 1999 - January 31, 2000. Daily limit 15; no possession limit.
5) Brant: October 1 - November 27, 1999. 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: Nov. 29,1999 - Feb. 1, 2000; SOUTH ZONE: Dec. 27, 1999 - February 29, 2000
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, old squaw): Oct. 1, 1999 - Jan. 20,. 2000. 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: Oct. 6 - Nov. 4,1999. Daily limit 3; possession limit 6.
9) YOUTH WATERFOWL HUNT: September 18, 1999. Bag limits as above. Special regulations will apply to youth and accompanying adult. No black ducks may be taken.
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, Sections 7035 and 7456
PUBLIC HEARING: Tuesday, August 24, 1999 at 6:30 p.m. at the Augusta Civic Center, Sagadahoc Room, Civic Center Drive, Augusta, ME.
DEADLINE FOR COMMENTS: August 24, 1998.
AGENCY CONTACT PERSON: Mark Stadler, Inland Fisheries and Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333
TELEPHONE: 287-5252


AGENCY: 90-429 - Department of Human Services, Board of Licensure of Water Treatment Plant Operators
RULE TITLE OR SUBJECT: Ch. 1, Rules Relating to the Licensure of Water Treatment and Distribution System Operators
PROPOSED RULE NUMBER: 99-P154
CONCISE SUMMARY: Amending rules to include changes mandated by the Federal Safe Drinking Water Act.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 2628
PUBLIC HEARING: August 24, 1999, Maine Motor Transport Association, 142 Whitten Road, Augusta, 9:00 a.m. - 11:00 a.m.
DEADLINE FOR COMMENTS: September 3, 1999
AGENCY CONTACT PERSON:
NAME: Gary L. Geraway, Secretary to the Board ADDRESS: Department of Human Services, 10 State House Station Augusta, ME 04333-0010
PHONE: (207) 287-5678
TTY:(207) 287-2070


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - FDAs
PROPOSED RULE NUMBER: 99-P155
CONCISE SUMMARY: The first $10,000 of Family Development Accounts set up to be used for certain specific purposes and any accrued interest in the account are excluded from consideration in determining eligibility or benefit level 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: September 3, 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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 10.04, Quahog Size Restriction
PROPOSED RULE NUMBER: 99-P156
CONCISE SUMMARY: The proposed rule establishes a minimum quahog size of one inch measured across the hinge width for all harvesters. Those portions of Chapter 10 enacted prior to 1979 are repromulgated to insure compliance with the Administrative Procedure Act. In addition, technical corrections are made throughout the chapter.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, September 3, 1999
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575
TELEPHONE: (207) 633-6584


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Energy Conservation Programs by Electric Transmission and Distribution Utilities
PROPOSED RULE NUMBER: 99-P158
CONCISE SUMMARY: The purpose of this rulemaking is to establish the funding levels and assessment mechanism necessary to implement the recently amended provisions of 35-A M.R.S.A. 3211 related to energy conservation programs conducted by electric transmission and distribution utilities. The rule will replace currently existing Chapter 380.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A M.R.S.A. 3211; 5 M.R.S.A. 3305-B
PUBLIC HEARING: August 24, 1999, at 10:00 a.m., in the Public Utilities Commission Hearing Room, 242 State St., Augusta, Maine
DEADLINE FOR COMMENTS: September 7, 1999
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: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 24.21, Salmonid Fish Health Inspection Regulations
ADOPTED RULE NUMBER: 99-314
CONCISE SUMMARY: The Department of Marine Resources has adopted parallel rules to those adopted by the Department of inland Fisheries and Wildlife establishing fish health inspection procedures for live salmonids and gametes commercially grown within the State of Maine.
EFFECTIVE DATE: July 28, 1999
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment to Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 14, Commercial Whitewater Rafting
ADOPTED RULE NUMBER: 99-315
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to commercial whitewater rafting as a result of Public Law 730, which adopted long-range changes in the methods by which whitewater rafting trips are allocated. In addition, the testing process and prerequisites for applicants to be tested for guiding whitewater trips has been amended. A copy of the adopted rules mat be obtained from the agency contact person listed below.
EFFECTIVE DATE: July 28, 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: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual (MMAM): Chapter II and III, Section 25, Dental Services
ADOPTED RULE NUMBER: 99-316
CONCISE SUMMARY: This rule reflects a revision to the Maine Medical Assistance Manual, Chapter II and III, Section 25, Dental Services. The rule reorganizes and updates the policy contained in Chapter II, Section 25, that contains the regulations and guidelines for the delivery of oral health benefits to Medicaid and Children's Health Insurance Program recipients. Children now have access to behavior management and oral education services when dental providers determine these services to be necessary and appropriate. It includes additi6nal services for recipients over twenty-one years of age, when deemed medically necessary and cost effective compared to other medical care alternatives. The new rule also allows denturists to enroll as Medicaid providers. Reimbursement is available to dental providers to purchase interpreter services for persons who are deaf/hard of hearing.
EFFECTIVE DATE: August 1, 1999
AGENCY CONTACT PERSON: Maurice Gagnon, Medical Care Administrator
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Medical Services, Policy Development, 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
TTY (207) 287-1828
DEAF AND HARD-OF-HEARING: 1-800-423-4331


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 112, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
ADOPTED RULE NUMBER: 99-317
CONCISE SUMMARY: These revisions to Chapters 1-23 of the above regulations reflect changes proposed by a task force of providers, advocates and regulators during multiple meetings in 1998. The purpose of the revisions is to achieve simplicity and consistency across various long term care services, eliminate requirements that are not critical to consumer health and safety and establish a single long term care license to providers who offer multiple services. The revisions include an additional Appendix with the standardized nursing facility contract required by Title 22, 1826(4)
EFFECTIVE DATE: September 1, 1999
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 11 SHS, 35 Anthony Avenue, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
FAX: (207) 624-5378
TTY (DEAF/HARD OF HEARING): (207) 624-5512


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