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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

August 16, 2000
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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 106, Maine Drugs for the Elderly Program.
PROPOSED RULE NUMBER: 2000-P172
CONCISE SUMMARY: This proposed rule implements the expansion of the Drugs for the Elderly Program enacted in the last legislative session to include catastrophic and generic drug coverage. These changes have been adopted in a parallel emergency rule-making. Additional changes have been made in the rule to clarify all eligibility criteria, to ensure consistent provider requirements and to reorganize the rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 254
PUBLIC HEARING: September 6, 2000, 1:00 p.m. Location: Department of Human Services 1st floor conference room (large), 35 Anthony Avenue Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 25, 2000.
DEADLINE FOR COMMENTS: September 18, 2000
AGENCY CONTACT, PERSON: Marianne Ringel, Director
AGENCY NAME: Medicaid Policy and Programs
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333
TELEPHONE: 207-624-5518
TTY: 1-800-423-4331 or 207-287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 100, Maine Medical Assistance Manual: Ch. II & III, Section 12, Consumer Directed Attendant Services
PROPOSED RULE NUMBER: 2000-P173
CONCISE SUMMARY: This proposed rule is a major revision. It includes, but is not limited to, a rate increase for personal care attendants, specification of roles and responsibilities of the Authorized Agent and Provider Agency (which may be the same agency), updated definitions, requirements for consumer instruction, elimination of the distinction between night and day attendant services and sets maximum total hours, expansion of allowable household services, clarification of consumer eligibility process and requirements and expands quality assurance requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: September 7, 2000, 1:00 p.m.
Location: Jewett Hall Auditorium, University of Maine-Augusta, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 28, 2000.
DEADLINE FOR COMMENTS: September 20, 2000
AGENCY CONTACT PERSON: Kip Neale, Comprehensive Health Planner
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333
TELEPHONE: 207-624-5516
TTY: 1-800-423-4331 or 207-287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Misc. Policy Amendment
PROPOSED RULE NUMBER: 2000-P174
CONCISE SUMMARY: This policy amends the language in the Step-parent section of the Public Assistance Manual to eliminate the essential person policy and allow stepparents a choice to be included or excluded in most instances. The amendment to this section was omitted inadvertently when prior policy changes were proposed.
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 25, 2000
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Service, 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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE-TANF Program Rules
PROPOSED RULE NUMBER: 2000-P175
CONCISE SUMMARY: Changes in the ASPIRE-TANF Program Rules are being proposed to correct omissions, make clarifications from prior rules changes, and to increase the Program's ability to work efficiently and effectively with TANF recipients through the provision of necessary services, such as those available from community organizations on a fee-for-services basis.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3762-3790
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 18, 2000
AGENCY CONTACT PERSON: Stephen W. Telow, ASPIRE Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-3309/ 1-800-442-6003
FAX NUMBER: (207) 287-5096
TTY: (207) 287-6948


AGENCY: 02-041 - Department of Professional & Financial Regulation, Office of Licensing & Registration
RULE TITLE OR SUBJECT: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2000-P176
CONCISE SUMMARY: This chapter establishes fees for nine licensing boards and four regulatory functions within the Office of Licensing & Registration. The affected boards are: State Board of Alcohol and Drug Counselors, Maine Athletic Commission, State Board of Licensure for Professional Foresters, State Board of Funeral Service, State Board of Certification for Geologists and Soil Scientists, Oil and Solid Fuel Board, Board of Licensure of Podiatric Medicine, Propane and Natural Gas Board, and State Board of Veterinary Medicine. The affected regulatory functions are: American Sign Language, English Interpreters and Transliterators, Athletic Trainers, Door-to-Door Home Repair, and Itinerant Vendors/Transient Sellers. Six of these programs are currently in a deficit position and five are expected to be in a deficit position at varying times within the next two years. This chapter raises fees for these programs to the levels necessary for the achievement of financial self-sufficiency. Fees are decreased for one board (Propane and Natural Gas), and the fees of one board (Veterinary Medicine) are reduced for licensees age 70 and above. This chapter also establishes uniform license replacement and license verification fees for the boards and regulatory functions affected by this chapter.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 8003(2-A)(D),(E)
PUBLIC HEARING: September 5, 2000, 9:00 a.m., Central Conference Room, Department of Professional & Financial Regulation, 122 Northern Ave., Gardiner, Maine 04345
DEADLINE FOR WRITTEN COMMENTS: September 15, 2000
AGENCY CONTACT PERSON:
NAME: Anne L, Head, Director
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8633


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 128, Rules and Regulations Governing the Functioning of the Maine Registry of Certified Nursinq Assistants
PROPOSED RULE NUMBER: 2000-P178
CONCISE SUMMARY: The Department of Human Services and the State Board of Nursing, in consultation with consumers, providers and other interested parties, proposes to amend rules as may be required to address labor shortage issues. The Department of Human Services shall amend its regulations to provide for continuing certification on the Maine Registry of Certified Nursing Assistants of a Certified Nursing Assistant who, over a twenty-four (24) month period, performs for eight (8) hours nursing or nursing-related services that are supervised by a Registered Nurse. The rules may not require that nursing or nursing-related services be performed in a nursing facility or hospital. The rules must be retroactive for two (2) years.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 1812-G et seq., 3173 and 22 MRSA Sec. BBBB-3
DATE (S)/PLACE(S) OF HEARING(S): No Public Hearing unless five (5) or more requests are received by the Division of Licensing and Certification.
DEADLINE FOR COMMENTS: September 11, 2000
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
FAX: (207) 624-5386
TTY (Deaf/Hard of Hearing): (207) 624-5512


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Universal Waste Rule - affects Chapters 400, 402, 800, 851, 853, 856, and 857
PROPOSED RULE NUMBER: 2000-P179
CONCISE SUMMARY: This rule covers certain hazardous wastes that are commonly generated by many types of businesses and organizations that might not normally generate a hazardous waste. The rule tailors the requirements specifically to the type of waste, requires recycling of the wastes (with some exceptions) and is designed to remove these wastes from the typical mismanagement scenarios. The waste types included in the rule are batteries, cathode ray tubes, lamps, mercury containing thermostats, and totally enclosed non leaking polychlorinated biphenyl ballast. The department is also requesting comment on the appropriate handling and/or removal standards for mercury containing thermometers and mercury devices for a future rulemaking. It is the Department's intent to limit this rulemaking to those sections that pertain to universal waste. We plan to undertake rulemaking on a much larger portion of the hazardous waste management rules at a later date.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. Municipalities are currently required to manage these wastes as hazardous wastes. These rules are expected to make it cheaper for the municipality to manage these wastes.
STATUTORY AUTHORITY: 38 MRSA 1301 et seq.
PUBLIC HEARING: September 7, 2000 at 2 p.m. in the Holiday Inn, Augusta, Maine.
DEADLINE FOR COMMENTS: Comments must be submitted in writing by 5:00 p.m. September 18, 2000 to the agency contact person listed below,
AGENCY CONTACT PERSON: Stacy Ladner
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station #17, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-2651


ADOPTIONS

AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 312, Voluntary Renewable Research and Development Fund
ADOPTED RULE NUMBER: 2000-322
CONCISE SUMMARY: This rule establishes a program allowing retail consumers of electricity to make voluntary contributions to fund renewable resource research and development.
EFFECTIVE DATE: August 8, 2000
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


AGENCY: 02-582 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Propane and Natural Gas Board
CHAPTER NUMBER AND TITLE:
Amend Ch. 1, Definitions
Amend Ch. 3, Licensure/Registration Requirements
Amend Ch. 4, Examination Requirements
Amend Ch. 5, Installation Standards
Amend Ch. 7, Fees
Amend Ch. 8, Permits for Aboveground and Underground Propane and Natural Gas Storage Facilities and Rooftop Installations
ADOPTED RULE NUMBER: 2000-323 through 2000-328
CONCISE SUMMARY: This rules provide needed clarification of certain licensure/registration and examination requirements. The rules indicate the Board's intent to adopt updated versions of the National Fire Protection Association Standards. The rules set forth the requirements for permitting underground propane and natural gas storage facilities and rooftop installations. The rules also set forth the installation standards for self-service dispensing stations.
EFFECTIVE DATE: August 8, 2000
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 NUMMER: (207) 624-8605


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Emergency Amendments to Ch. 275, Medicare Supplement Rule
ADOPTED RULE NUMBER: 2000-331
CONCISE SUMMARY: To provide for the reasonable standardization of coverage and simplification of terms and benefits of Medicare supplement policies; to facilitate public understanding, and comparison of such policies; to eliminate provisions contained in such policies or with the settlement of claims; and to provide for full disclosures in the sale of accident and sickness insurance coverages to persons eligible for Medicare.
EFFECTIVE DATE: August 9, 2000
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, State House Station #34, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423


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