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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 15, 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: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2001-P197
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has scheduled a public hearing to consider regulation changes for the upcoming ice fishing and open water fishing seasons. These regulation changes are necessary 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 hearing can be obtained from the Agency Contact Person listed below. This is the one of a series of notices to advertise public hearings which are being held throughout the State.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARING: September 6, 2001, Quimby Elementary School Gymnasium, 263 Main Street, Bingham, ME -- 6:30 p.m.
DEADLINE FOR COMMENTS: September 16, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-004 1
TELEPHONE: (207) 287-5201


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Upland Game & Furbearing Animals (Beaver Trapping Closures)
PROPOSED RULE NUMBER: 2001-P198
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt the following amendments to the regulations pertaining to Upland Game and Furbearing Animals: During the open season for beaver trapping in any of the thirty wildlife management districts, certain townships may be restricted by one of the following provisions:
(1) Town open to beaver trapping with certain specified areas closed;
(2) Town closed to beaver trapping with certain specified areas open;
(3) Town closed to all beaver -trapping; or
(4) Town open to all beaver trapping.
A copy of the proposed beaver season rule (including recently adopted trapping season dates) may be obtained from the Agency Contact Person and Regional Wildlife or Warden Service offices.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARINGS: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: September 14, 2001
AGENCY CONTACT PERSON: Mark Stadler, Inland Fisheries and Wildlife, 284 State Street, Station # 41, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5252
E-MAIL: Mark.Stadler@maine.gov


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - TANF Time Limit
PROPOSED RULE NUMBER: 2001-P199
CONCISE SUMMARY: This rule clarifies the conditions under which families can receive TANF benefits beyond 60 months.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741
PUBLIC HEARING: A Public Hearing will be held on Wednesday, September 5, 2001 from 9 a.m. to 12 noon in the Kennebec/Penobscot room at the Augusta Civic Center located at 76 Community Drive, Augusta, Maine 04330.
DEADLINE FOR COMMENTS: September 21, 2001
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: (207) 287-5089
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II Section 2, Adult Family Care Services
PROPOSED RULE NUMBER: 2001-P200
CONCISE SUMMARY: Changes to this rule will update medical eligibility criteria for Adult Family Care at three service levels using the Department-approved Medical Eligibility Determination (MED) tool. Specific thresholds for the MED tool assessment are defined for Adult Family Care service levels for assistance with activities of daily living, cognitive impairment, and behavioral symptoms. Rule changes will also allow Registered Nurse Consultants of Adult Family Care Homes to act as an authorized agent to conduct the required MED assessments to determine initial eligibility and to reassess eligibility as required. Rule changes also allow Adult Family Care Homes to provide services for up to six individuals, as is stated under Licensing rules for Adult Family Care Homes. Other changes provide minor edits and updates. Some sections have been deleted or shortened to reflect that material common to all MMAM Sections now included in MMAM Ch. 1.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: Date: September 5, 2001, 1:00 p.m. Location: Department of Human Services, 1st floor Conference room, 35 Anthony Avenue, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 27, 2001.
DEADLINE FOR COMMENTS: September 21, 2001
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
FAX (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection

RULE TITLE: Ch. 100, Definitions
PROPOSED RULE NUMBER: 2001-P201
CONCISE SUMMARY: The Department is proposing to amend the following definitions: fuel burning equipment, fugitive emissions, general process source, and Part 70 major source. The amendments clarify that rock crushers and asphalt plants are general process sources, Presque Isle is no longer classified as nonattainment for fine particulate matter, and fugitive emissions include emissions from buildings, material transfer, housing material, and processing equipment. The definitions of recovery boiler, six minute block average for non-continuous opacity monitors, and six minute block average for continuous opacity monitors have been added. The Environmental Protection Agency address has been deleted under that definition. Some of these definitions are being amended because of proposed changes to the Department's Ch. 101 Visible Emissions Regulation.

RULE TITLE: Ch. 101, Visible Emissions Regulation
PROPOSED RULE NUMBER: 2001-P202
CONCISE SUMMARY: The Department is proposing to repeal and replace this regulation which establishes opacity limits for several types of air emission sources. Opacity is the measure of the density of smoke emitted from a stack. The proposed changes make the opacity limits more stringent for certain types of sources, including recovery boilers, rock crushers, and large oil-fired boilers. Incinerators, permitted open burning, and municipal waste combusters are not regulated by this rule.

Copies of these rules are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency Contact person.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585 and 585-A
PUBLIC HEARING: September 6, 2001, 1:00 p.m., Holiday Inn/Ground Round Augusta, Maine
DEADLINE FOR COMMENTS: October 5, 2001, 5:00 p.m.
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 2001-P203
CONCISE SUMMARY: This rule follows federal law. Effective October 1, 2001, there will be an annual increase in income limits and maximum monthly benefit amounts. The excess shelter deduction will increase from $340 to $354 for new applications and certification periods as of March 2001. Listing of monthly earnings for Social Security is updated. Disqualifications from TANF for failure to fulfill work requirements will carry through to Food Stamps even if the recipient was exempt from Food Stamp work requirements, an individual may be determined to be medically unfit for employment, there is no longer a one time limit for ABAWDS (Able Bodied Adults Without Dependents) to regain eligibility during their thirty six (36) month time limited period of eligibility, clarifies that to be disqualified from Food Stamps due to a sanction from another program the individual must be on Food Stamps at the time of the sanction and clarifies that, all earned income tax credit is excluded income for Food Stamps.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 14, 2001
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 16-219 - Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Ch. 4 through Ch. 38; Ch. 135, Ch. 239 through Ch. 245; Ch. 248 and Ch. 317
ADOPTED RULE NUMBER: 2001-290 through 200-354
CONCISE SUMMARY: These rules of the Office of State Fire Marshal are submitted in an effort to consolidate subject matter content of various chapter rules. This effort will consolidate the original 55 chapter rules into 34 chapter rules. Where appropriate for efficiency, effectiveness and customer service, items of the same subject matter content have been consolidated into one chapter under the broad chapter title of the subject matter. The latest edition of the incorporated references have been updated to the latest editions available.
EFFECTIVE DATE: August 7, 2001
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8963


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Miscellaneous Policy 54-A
ADOPTED RULE NUMBER: 2001-355
CONCISE SUMMARY:
* clarifies that policy concerning the extension of TANF benefits beyond 60 months is located in Ch. 1.
* clarifies that an application for the RCA program is considered an application for medical assistance.
* clarifies that policy for Transitional Child Care and Transitional Transportation are contained in the MPAM.
* amends policy to allow TANF/PaS Supervisors to approve good cause reasons for not residing with either parent.
* amends policy to allow the Kelly Blue Book to be used to determine the equity value of vehicles.
* clarifies that Separate Identifiable Accounts and Family Development Accounts set up for specific purposes as authorized by state law 22 MRSA 3762 are treated alike.
* corrects typographical errors in the number and lettering of the itemized disregards.
* eliminates page 14a because it is a duplicate of page 14.
* grants Supervisors the authority to end the period of ineligibility due to the receipt of lump sum income.
* consolidates the written material and renumbers the pages in Ch. IV from 3 through 10 and adds the child care disregard which was omitted erroneously.
* limits transitional transportation reimbursements to 24 cents per mile up to $10 per day for families where gross earnings are equal to or less than 125 percent of the Federal Poverty Level.
* clarifies that an overpayment exists any time federal, state or support money is issued incorrectly.
* clarifies that AFDC overpayments must be collected before TANF overpayments.
* clarifies procedures for collecting overpayments.
* clarifies that all Bureau programs and services are subject to intentional program violations.
* clarifies that underpayments are not limited to TANF, PaS or GAP.
* amends policy to allow TANF/PaS Supervisor to request expedited replacement checks.
* removes receipt of Medicaid from the list of programs that make an individual automatically eligible for emergency assistance.
EFFECTIVE DATE: September 1, 2001
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5089


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