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Weekly Rulemaking Notices Contact Us Find It

August 7, 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: 14-174 - Department of Behavioral and Developmental Services
RULE TITLE OR SUBJECT: Ch. 3, Regulations Governing Timeliness Standards for In-Home Behavioral Health and Case Management Services under Medicaid
PROPOSED RULE NUMBER: 2002-P197
CONCISE SUMMARY: Pursuant to a settlement agreement reached in Risinger, the Department is responsible for promulgating a rule to implement the timeliness standards contained therein which relate to the provision of in-home behavioral health services and case management services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-B MRSA 1203, 15002
PUBLIC HEARING: August 30, 2002, 10-11 a.m., Conference Room 1, 2nd Floor Marquardt Building, East Campus, Augusta, ME
DEADLINE FOR COMMENTS: September 10, 2002
AGENCY CONTACT PERSON: Nancy Christensen
AGENCY NAME: Department of Behavioral and Developmental Services
ADDRESS: 40 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7368 (V)
TTY: (207) 287-2000


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 323, Maine General Assistance Manual - Lump Sum Payments and General Assistance Eligibility, Address Confidentiality Program, and Other Clarifications to General Assistance
PROPOSED RULE NUMBER: 2002-P204
CONCISE SUMMARY: The rule explains how municipalities are to process a General Assistance application when there has been a lump sum payment. The lump sum payment affects both initial and repeat applicants. An initial applicant who is in an emergency situation cannot have the application denied solely due to the proration of the lump sum. The municipality will follow the requirements of the Address Confidentiality Program. The word obligation is changed to threshold throughout the policy. Municipalities shall report the total reimbursement received from a client or municipality to the state on the reimbursement claim form.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 4301 sub-7 & 8, 4308 sub-3, and 5 MRSA 90-B
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 6, 2002
AGENCY CONTACT PERSON: Cynthia Boyd, General Assistance 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) 287-3654,
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 36, Maine Farms for the Future Program
PROPOSED RULE NUMBER: 2002-P205
CONCISE SUMMARY: This chapter amends the rules governing administration of the Maine Farms for the Future program. The program assists farm businesses, which are under pressure of closing due to adjacent development, in making and implementing business plans to keep the farm economically viable. The program develops a list of service providers who may help the farm, establishes what the farm must do to develop and implement a business plan, as well as establishes the criteria and selection process to access grant funds in exchange for entering into farmland protection agreements with the State. The rule amendment clarifies the procedure for applying for the program, clarifies the contractual arrangement between the state and grantee, and amends the point system for selection of proposals in the competitive grant process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA Ch. 10-B
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: 5:00 p.m., Friday, September 7, 2002
AGENCY CONTACT PERSON: Mary Ellen Johnston, Director, Division of Market and Production Development, Department of Agriculture, Food and Rural Resources, 28 State House Station, AMHI Annex, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3491
FAX: (207) 287-5576


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Eating and Lodging Program
RULE TITLE OR SUBJECT: Ch. 206, Rules Relating to Lodging Establishments
PROPOSED RULE NUMBER: 2002-P206
CONCISE SUMMARY: The Department of Human Services proposes to clarify lodging rule provisions, previously outlined in the Eating and Lodging Rules, by establishing this new chapter exclusively for the regulation of lodging establishments. The Eating Rules portion of the Eating and Lodging Rules was superceded by the newly adopted Food Code in May of 2001.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 2491-2501
PUBLIC HEARING: Tuesday, August 27, 2002, Main Conference Room, DHS/Bureau of Health/Division of Health Engineering, 461 Capitol Street, 9:00 a.m. - 12:00 Noon
DEADLINE FOR COMMENTS: September 6, 2002
AGENCY CONTACT PERSON:
NAME: Rebecca Vigue, Manager
ADDRESS: Division of Health Engineering, 11 State House Station, Augusta, Maine 04333-0011
PHONE: (207) 287-1978
TTY: (207) 287-2070


ADOPTIONS

AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 304, Reports and Payments
ADOPTED RULE NUMBER: 2002-271
CONCISE SUMMARY: The rule has been repealed and replaced in conjunction with changes to the sales tax report filing frequencies made by the State Tax Assessor pursuant to Title 36 MRSA 1951-A.
EFFECTWE DATE: July 28, 2002
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 156, Fee Structure for Over Dimensional and Overweight Loads, Along with State Police Escort Fee
ADOPTED RULE NUMBER: 2002-277
CONCISE SUMMARY: This rule establishes permit fees on over dimensional and overweight non-divisible loads as provided in Title 29-A, 2382, Maine Revised Statutes
EFFECTIVE DATE: August 3, 2002
AGENCY CONTACT PERSON: Maurice J. Dionne, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, Maine 04333-0029
TELEPHONE: (207) 624.9000 ext. 52127


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering

CHAPTER NUMBER AND TITLE: Ch. 240, Appointment and Administration of Local Plumbing Inspectors
ADOPTED RULE NUMBER: 2002-278
CONCISE SUMMARY: This rule modification will require municipalities to notify The Department when a Local Plumbing Inspector's appointment is terminated.

CHAPTER NUMBER AND TITLE: Ch. 241, Rules of Subsurface Wastewater Disposal Systems
ADOPTED RULE NUMBER: 2002-279
CONCISE SUMMARY: The proposed minor modifications to the rules governing the design and installation of subsurface wastewater disposal systems will clarify the intent of several sections.

CHAPTER NUMBER AND TITLE: Ch. 242, Rules for Conversion of Seasonal Dwelling Units into Year-Round Residences in the Shoreland Zone
ADOPTED RULE NUMBER: 2002-280
CONCISE SUMMARY. This rule modification to the requirements for conversion of seasonal dwelling units into year-round residences if the system serving the structure is within the shoreland zone areas of major waterbodies/ courses matches the definition of a principal dwelling to that contained in the statutes.

CHAPTER NUMBER AND TITLE: Ch. 245, Rules for Site Evaluators of Subsurface Wastewater Disposal Systems
ADOPTED RULE NUMBER: 2002-281
CONCISE SUMMARY: These Rules set the minimum standards for licensing of individuals to design subsurface wastewater disposal systems (septic tanks and absorption fields) for safe onsite disposal of domestic sewage and non-industrial wastewater.

EFFECTIVE DATE: October 1, 2002
AGENCY CONTACT PERSON: Russell G. Martin, Manager, Wastewater & Plumbing Program
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 10, Augusta ME 04333
TELEPHONE: (207) 287-4735
TTY (207) 287-2070


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE:
Ch. 305, Permit by Rule Standards
Ch. 310, Wetlands and Waterbodies Protection
ADOPTED RULE NUMBER: 2002-282 and 2002-283
CONCISE SUMMARY: Major substantive rule amendments to Ch. 305, Permit by Rule Standards, and Ch. 310, Wetlands Protection rules, were approved by the Legislature, effective July 25, 2002, and have received final approval from the Board of Environmental Protection, effective September 1, 2002. These rule amendments were in response to a legislative resolve of the Second Regular Session of the 119th Legislature that directed the department and the Land Use Regulation Commission to adopt consistent rules regarding the cutting and removal of vegetation adjacent to protected natural resources.
Amendments to the Natural Resources Protection Act have been approved by the Legislature that regulate the clearing and removal of vegetation for development purposes adjacent to protected natural resources, which provides the legal basis for these rule amendments.
The amendments to Ch. 305, Permit by Rule Standards (PBR), primarily involve Section 2 which is now titled "Activities adjacent to protected natural resources". They include a requirement that applicants submit plans with the PBR Notification Form that demonstrate a need to clear or remove vegetation or otherwise develop the areas within 75 feet of protected natural resources. Approved activities must also be minimized to reduce their impact on the remaining buffer and the affected protected natural resource.
The amendments to Ch. 310, Wetland Protection Rules, add "rivers, streams and brooks" as protected natural resources subject to the rule. This chapter is applicable to most projects that are not eligible for the Permit by Rule program and needing a full or individual permit from the department. By including rivers, streams and brooks in the rule, activities in, on, over and adjacent to them will be required to avoid and minimize any impacts, and provide compensation when required.
EFFECTIVE DATE: September 1, 2002
AGENCY CONTACT PERSON: Michael K. Mullen
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-4728


AGENCY: 03-201 - Department of Corrections

RULE TITLE 0R SUBJECT: Ch. 10, Policy and Procedures Manual: subsection 15.3, Resident Disciplinary System
ADOPTED RULE NUMBER: 2002-284
CONCISE SUMMARY: The Maine Department of Corrections is adopting a proposal to revise the existing policy, procedures, and rules governing Resident Disciplinary System of juvenile clients pursuant to Title 34-A MRSA 1402, 1403, and 3032 to reflect organizational and operational changes.

RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedures Manual: subsection 20.1, Prisoner Discipline
ADOPTED RULE NUMBER: 2002-285
CONCISE SUMMARY: The Maine Department of Corrections is adopting a proposal to revise the existing policy, procedures, and rules governing Prisoner Discipline pursuant to Title 34-A MRSA 3265, 1402, 1403, and 3032 to reflect organizational and operational changes.

EFFECTIVE DATE: August 5, 2002
AGENCY NAME: Maine Department Of Corrections
AGENCY CONTACT PERSON: Ellis King
ADDRESS: State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


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