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August 18, 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: 19-498 - Department of Economic and Community Development
RULE TITLE OR SUBJECT: Ch. 19, Proposed Statement for Administering the 2000 Community Development Block Grant Program.
PROPOSED RULE NUMBER: 99-P165
CONCISE SUMMARY: This proposed rule will allow the DECD to allocate the federal funds in accordance with the Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of Maine's Community Development Block Grant Program.
THIS RULE WILL NOT HAVE A FISCAL INTACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13058, Subsection 3
PUBLIC HEARINGS:
September 1, 1999, 2:00 p.m., Council Chamber, City Hall, 12 Second Street, Presque Isle, Maine 04769
September 2, 1999, 10:00 a.m., Conference Room, Office of Community Development, 33 Stone Street, Augusta, Maine 04333
September 2, 1999, 2:30 p.m., EMDC Conference Room, One Cumberland Place Suite 300, Bangor, Maine 04402
DEADLINE FOR COMMENTS: September 14, 1999 at 4:00 p.m.
AGENCY CONTACT PERSON: Aaron Shapiro, CDBG Program Manager
AGENCY NAME: Office of Community Development
ADDRESS: Department of Economic and Community Development, 33 Stone Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: 287-8485


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 67, Principles of Reimbursement for Nursing Facilities
PROPOSED RULE NUMBER: 99-P166
CONCISE SUMMARY: The proposed rules provide clarification, changes and additions to the Principles of Reimbursement relevant to all nursing facilities reimbursed by the Department of Human Services, effective 7/1/99. The proposed rule adds language concerning lease arrangements between individuals or organizations not related by common control or ownership; and includes language related to the one-time supplemental payment to nursing facilities for the purpose of addressing the problem of recruitment and retention of non-administrative staff.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173, 1708(c)
PUBLIC HEARING: September 3, 1999, 9:00 a.m., Washington-York Room, Augusta Civic Center, Civic Center Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: Written comments will be accepted through September 13,1999.
AGENCY CONTACT PERSON: Debra Couture, Senior Health Care Financial Analyst, Division of Financial Services
AGENCY NAME: Bureau of Medical Services
AGENCY ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-287-8540
TTY: 207-287-1828


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Increase in the Income Limit for the Cub Care Program to 200% of Federal Poverty Level and Six (6) Months Continuous Eligibility of Children Under Age 19 Covered By Medicaid
PROPOSED RULE NUMBER: 99-P167
CONCISE SUMMARY: The income limit for the Cub Care Program will increase from 185% to 200% of the Federal Poverty Level effective October 1, 1999. The monthly income limit for a family of 2 will be $1,844; for 3, $2,314; for 4, $2,784. Limits increase by $470 for each added family member. Additionally, children under age 19 covered by Medicaid will be given six (6) months of continuous coverage.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 17, 1999
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE-TANF Program Rules
PROPOSED RULE NUMBER: 99-P168
CONCISE SUMMARY: The final rule that governs key provisions of the TANF program (of which the ASPIRE-TANF Program is a part), as published by the U.S. Department of Health and Human Services, is effective October 1, 1999. This final rule has provisions which must be included in the ASPIRE-TANF Program Rules, including, but not limited to, the following:
individuals receiving TANF assistance who are not otherwise exempted from participation in the ASPIRE-TANF Program must be involved in work activities for a minimum of thirty (30) hours per week
above twenty (20) hours per week, the following 3 activities may also count as participation: job skills training directly related to employment; education directly related to employment; and high school/GED attendance
a single custodial parent or caretaker relative with a child under age six will count as engaged in work if she or he participates for at least an average of twenty (20) hours per week
definitions for "appropriate child care"; "reasonable distance" (to and from child care); "affordable child care"; and "unsuitable child care" are included in ASPIRE-TANF Program Rules. In addition, the 119th Legislature has passed a law which affects hours of participation in the Parents as Scholars program after the first 24 months, and allows a choice of options for PaS participants.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741-3789
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 17, 1999
AGENCY CONTACT PERSON: Steven 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) 287-2415
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 902, Low-cost Drug Card Program for the Elderly and Disabled
PROPOSED RULE NUMBER: 99-P169
CONCISE SUMMARY: Rule 902 outlines the application process for the Low-cost Drug Card Program for the Elderly and Disabled (22 MRSA 254; 36 MRSA 6162-B). The proposed rule also describes the procedure used for determining an applicant's eligibility for the program if a substantial change in circumstances results in a reduction in the applicant's household income.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 36 M.R.S.A. 112; Private & Special Laws 1999, Ch. 53
PUBLIC HEARING: None scheduled as yet.
DEADLINE FOR COMMENTS: September 24, 1999
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-6243


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 856, Hazardous Waste Management Rules
PROPOSED RULE NUMBER: 99-P170
CONCISE SUMMARY: The rule provides standards to facilitate the recycling of certain hazardous wastes through an abbreviated permit process. The proposed rule incorporates existing federal requirements that must be met in the event of an enforcement action but requires that information to be submitted prior to the first shipment. The rule would allow qualifying wastes to be shipped by common carrier or hazardous waste transporter and makes it possible to accumulate the waste on the site for up to 180 days if sufficient capacity exists. These changes will enhance the economics of recycling, especially to recycling markets located outside the state, and promote compliance with existing state and federal requirements.
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 more economical for the municipality to recycle certain hazardous wastes.
STATUTORY AUTHORITY: 38 MRSA 1301 et seq.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Comments must be submitted in writing by 5:00 p.m. September 17, 1999 to the agency contact person listed below.
AGENCY CONTACT PERSON: Scott D. Whittier
AGENCY NAME: Department of Environmental Protection, Maine
ADDRESS: State House Station #17, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-2651


AGENCY: 29-250 - Department of Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 8, Repeal of rules for Ignition Interlock Devices
PROPOSED RULE NUMBER: 99-P171
CONCISE SUMMARY: The 119th Maine Legislature repealed 29-A MRSA 2507, the Ignition Interlock Device statute effective June 10, 1999 (PL 1999, Chap. 470 Sec. 30). The effect of this rule is to repeal the Ignition Interlock Device rules consistent with Legislative action.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 1999, Chap. 470 Sec. 30 repealed Title 29-A MRSA 2507
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 17, 1999
AGENCY CONTACT PERSON: Susan Cookson
AGENCY NAME: Department of the Secretary of State, Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, Maine 04333
TELEPHONE: 624-9092


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUJBJECT: Ch. 4, Upland Game & Furbearing Animals (Beaver Trapping Closures)
PROPOSED RULE NUMBER: 99-P172
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 17,1999
AGENCY CONTACT PERSON: Mark Stadler, Inland Fisheries and Wildlife, 284 State Street, Station # 41, Augusta, ME 04333-0041
TELEPHONE: 287-5252
E-MAIL: Mark.Stadler@maine.gov


ADOPTIONS

AGENCY: 04-058 - Department of Conservation, Bureau of Forestry
CHAPTER NUMBER AND TITLE: Ch. 20, Forest Regeneration and Clearcutting Standards
ADOPTED RULE NUMBER: 99-327
SUMMARY: The existing rule sets the standards for forest regeneration after timber harvesting, and performance standards for clearcuts. The proposed rule amends the existing rule to incorporate existing and new legislation in the rule to include procedures for notifying the Bureau of proposed commercial timber harvesting activities and changes in the law that affect the size, arrangement and regeneration of clearcuts.
EFFECTIVE DATE: October 1, 1999
AGENCY CONTACT PERSON: Jim Blanck, Chief Planner, Bureau of Forestry, State House Station #22, Augusta, ME 04333
TELEPHONE: 287-2791


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