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August 20, 2003
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 & Wildlife

RULE TITLE OR SUBJECT: Ch. 4.03, Deer Hunting - Open and Closed Season
PROPOSED RULE NUMBER: 2003-P186
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to establish the framework for the hunting season for antlerless deer (with hand-held bow and arrow only) within the Drakes Island and Wells Sanctuaries, in the town of Wells. This is a permit-only hunt with permits being issued to licensed archery hunters authorized by a landowner. This special permit hunt will be open for a specified period between Monday, December 1 through Saturday, December 13, 2003. In addition, the Department is proposing a rule opening the whole of Frenchboro in Hancock County to the hunting of deer during any open deer hunting season.
STATUTORY AUTHORITY: 12 MRSA 7035 and 7457

RULE TITLE OR SUBJECT: Ch. 4.01, Hunting Seasons for Upland Game (Pheasant)
PROPOSED RULE NUMBER: 2003-P187
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend the rule for the annual open season for the hunting of pheasant by prohibiting the taking of female pheasants during that season (October 1 - December 31) within Wildlife Management District 24. This is being proposed as a result of legislative action to protect female pheasants in an effort to increase the population.
STATUTORY AUTHORITY: 12 MRSA 7035

RULE TITLE OR SUBJECT: Ch. 4.07, Crow Hunting
PROPOSED RULE NUMBER: 2003-P188
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend the dates for the annual open season for the hunting of crows as follows: In Wildlife Management Districts 1 through 6: February 15 through April 15 and from August 1 through September 30; Wildlife Management Districts 7 through 30: February 1 through March 21 and from August 1 through September 30. Currently the season is open statewide from March 14 through April 30 and from July 16 through September 29. The proposed dates are in compliance with Federal law.
STATUTORY AUTHORITY: 12 MRSA 7035 and 7456

RULE TITLE OR SUBJECT: Ch 4.06, Wild Turkey Hunting Season
PROPOSED RULE NUMBER: 2003-P189
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule setting the dates for the fall turkey hunting season occurring in WMDs 15, 16, 20, 21, 22, 23, 24, 25, and 26 from the 3rd Monday in October to the Friday preceding the resident-only Saturday of the regular deer hunting season (October 20, 2003 through October 31, 2003). Any person who possesses an archery license as provided in 12 MRSA 7102-A, may purchase a wild turkey hunting permit to hunting during this fall season. The bag limit during this season is 1 wild turkey of either sex and any age per permit holder. Only bow and arrow may be used to hunt wild turkey during this season.
STATUTORY AUTHORITY: 12 MRSA 7035, 7468

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 19, 2003
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Miscellaneous Changes to Ch. 10, Land Use Districts and Standards
PROPOSED RULE NUMBER: 2003-P190
CONCISE SUMMARY: The Commission is proposing several changes to Ch. 10 including using building footprint (rather than floor area) as the means for establishing expansion limits for nonconforming structures; clarifying how it will consider disability variances; providing for minor home occupations without a permit; providing for certain trail signs without a permit; setting building height limitations in coastal shoreland areas comparable to other shoreland areas; providing for truck or equipment storage in management districts; expanding the use of handicap waivers to expansion limits for structures; clarifying the criteria for permit expirations; providing for truck/equipment storage and maple sugaring operations in management districts; and increasing the allowable size of sporting camps in certain zones from 8,000 to 10,000 square feet consistent with the current definition. Content of rule changes to be posted on agency's web site at http://www.maine.gov/doc/lurc/events/events.htm
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 685-A, Subsection 7-A
PUBLIC HEARING: September 9, 2003, 6:00 P.M., Bangor Motor Inn, Hogan Road, Bangor, Maine
DEADLINE FOR COMMENTS: Friday, September 19, 2003; Friday, September 26, 2003, for rebuttal comments.
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Maine Land Use Regulation Commission
ADDRESS: 22 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-4932
E-MAIL: fred.todd@maine.gov


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 2003-P191
CONCISE SUMMARY: Legal immigrants, to be potentially eligible for Federal Food Stamps, must be in a qualified immigration status as well as meet other eligibility criteria. Maine has a state funded Food Stamp program. This program is being expanded pursuant to 22 MRSA 3104 to include PRUCOLs (Permanently Residing in the U.S. Under Color of Law). This policy will mirror TANF and MaineCare regarding these individuals. In addition, all children under the age of eighteen and who have a qualified alien status will be eligible for federal Food Stamps regardless of when they entered the United States. This provision was part of the 2002 Farm Bill (P.L. 107-171). There will no longer be a deeming requirement from an alien's sponsor on behalf of children.
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 19, 2003
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp 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) 287-5093
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Rev. #71-P / PaS
PROPOSED RULE NUMBER: 2003-P192
CONCISE SUMMARY: The Parents as Scholars (PaS) program is funded with the TANF Block Grant for 12 months of a program recipient's participation in the program. PaS participants are subject to TANF Block Grant time limits and work participation requirements for these 12 months.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3790, as amended by P.L. 2003. Pt. K, 14 (effective 7/1/2003)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 19, 2003
AGENCY CONTACT PERSON Rose Masure, TANF Program Manager
AGENCY NAME Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 01-001 - Department of Agriculture, Food, & Rural Resources, Division of Quality Assurance & Regulations
RULE TITLE OR SUBJECT: Ch. 360, Responsibilities of Manufacturers, Distributors, Dealers and Redemption Centers under the Returnable Beverage Container Law
PROPOSED RULE NUMBER: 2003-P193
CONCISE SUMMARY: This rule is being proposed to update and consolidate existing rules. The 120th Maine Legislature directed the Department of Agriculture, Food and Rural Resources to promulgate rules pertaining to licensing of Redemption Centers, Initiators of Deposit and Contracted Agents, also to promulgate rules to provide for the registration of returnable beverage container labels and the operation of Reverse Vending Machines. This rule is proposed to meet those requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 1871-C
PUBLIC HEARING: September 11, 2003 1:00 p.m. - 4:00 p.m., Augusta Civic Center, Fort Western Room
DEADLINE FOR COMMENTS: September 23, 2003
AGENCY CONTACT PERSON: David E. Gagnon
AGENCY NAME: Division of Quality Assurance & Regulations
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841


AGENCY: 2003-195 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 333, Financial Eligibility Rules for Drugs for the Elderly (DEL)
PROPOSED RULE NUMBER: 2003-P195
CONCISE SUMMARY: A recent court decision called into question portions of the Healthy Maine Prescriptions Medicaid demonstration project. As a result of that decision, the Department of Human Services has removed the Low Cost Drugs for the Elderly and Disabled program from the Medicaid demonstration project and re-established it as a state program separate from MaineCare. Accordingly, the rule for eligibility determinations must be re-established outside of the MaineCare eligibility rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 254, 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 19, 2003
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4.01, Open and Closed Areas for Beaver Trapping
PROPOSED RULE NUMBER: 2003-P196
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 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 19, 2003
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 State House Station, Augusta, ME 04333-0041
E-MAIL: Andrea.Erskine@maine.gov


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Hunting and Trapping (Furbearing Animals)
CHAPTER NUMBER AND TITLE: Ch. 4.01(G.1), Beaver Trapping Season Dates
ADOPTED RULE NUMBER: 2003-273
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing season dates for the beaver trapping season as follows:
Wildlife Management Districts 1, 2, 4, 5: November 1 - April 30
Wildlife Management Districts 3, 6, 9, 10, 11: December 1 - April 30
Wildlife Management Districts 18, 19, 28, 29: December 1 - April 15
Wildlife Management Districts 7, 8, 13, 14: December 1 - March 31
Wildlife Management Districts 12, 15, 16, 17, 23: December 1 - February 28
Wildlife Management Districts 25, 26, 27, 30: December 15 - February 28
Wildlife Management Districts 20, 21, 22, 24: January 1 - February 28
EFFECTIVE DATE: August 16, 2003
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201.


AGENCY: 14-197 - Department of Behavioral and Developmental Services
CHAPTER NUMBER AND TITLE: Ch. 10, Certification Requirements for Agencies Seeking to Provide MaineCare Services Under Section 13.05, MaineCare Benefits Manual
ADOPTED RULE NUMBER: 2003-274
CONCISE SUMMARY: This rule promotes the health and general welfare of adults with mental retardation in Maine, by establishing reasonable minimum standards for agencies seeking to provide case management to those adults. This emergency rule will permit agencies seeking to provide these services to have the opportunity to be certified at approximately the same time as the effective date of recent changes to Section 13, MaineCare Benefits Manual. The net effect of this is to expand privatized case management services at a much earlier date than would be otherwise possible. The health and general welfare of citizens eligible for this service will thus be advanced in the following ways: it will reduce caseloads of overburdened state case managers; it will reduce the waiting period for case management services; it will provide for the quicker implementation of needed services; it will provide choice for eligible consumers and their families; and it will assist in the state's compliance efforts in the Rancourt and Community Consent Decree federal class action cases.
EFFECTIVE DATE: September 1, 2003
AGENCY CONTACT PERSON: Nancy Christensen, Director, Special Projects
AGENCY NAME: Department of Behavioral and Developmental Services
ADDRESS: 40 State House Station, Augusta, ME 04333-0040
TELEPHONE: (207) 287-7368 (v)
TTY: (207) 287-2000


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 231, State of Maine Rules Relating to Drinking Water
ADOPTED RULE NUMBER: 2003-275
CONCISE SUMMARY: The changes to the State of Maine Rules Relating to Drinking Water involve updating the specific rule sections to coincide with the changes mandated by the Federal Safe Drinking Water Act and the changes made to Maine Statute.
EFFECTIVE DATE: August 18, 2003
AGENCY CONTACT PERSON: Ebrahim Habib
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 11, Augusta, ME 04333
TELEPHONE: (207) 287-6471
TTY: (207) 287-2070


AGENCY: 03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10 Subsection 27.2, Policy and Procedures Manual - Supervised Community Confinement Program
ADOPTED RULE NUMBER: 2003-276
CONCISE SUMMARY: The Maine Department of Corrections is proposing to revise the existing policy, procedures, and rules governing the Supervised Community Confinement Program Policy pursuant to 34-A MRSA 3036-A. to implement the changes to the Supervised Community Confinement Program that are necessary, due to overcrowding in the facilities.
EFFECTIVE DATE: August 18, 2003
AGENCY NAME: Department of Corrections
AGENCY CONTACT PERSON: Ellis King
ADDRESS: State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF) - PaS - Rev. #71-E
ADOPTED RULE NUMBER: 2003-277
CONCISE SUMMARY: The Parents as Scholars (PaS) Program is funded with the TANF Block Grant for 12 months of a program recipient's participation in the program. PaS participants are subject to TANF Block Grant time limits and work participation requirements for these 12 months.
EFFECTIVE DATE: September 1, 2003
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5098
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
CHAPTER NUMBER AND TITLE: Ch. 13, Uniform Rule for the Substantiation of Continuing Education Requirements
ADOPTED RULE NUMBER: 2003-278
CONCISE SUMMARY: The rule establishes uniform requirements for the substantiation of continuing education requirements.
EFFECTIVE DATE: August 19, 2003
AGENCY CONTACT PERSON: Anne L. Head, Director
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8633


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. 1 Section 1, General Administrative Policies and Procedures
ADOPTED RULE NUMBER: 2003-279
CONCISE SUMMARY: The rule reflects the name change of the Maine Medical Assistance Manual to the MaineCare Benefits Manual and makes numerous structural and administrative changes throughout the Manual in sections dealing with: statutory authority; provider participation requirements; member eligibility; services covered definitions; payment responsibilities of providers; reimbursement guidelines; copay exemptions; submission of claims; payment process; claim adjustments; surveillance and record requirements; prior authorization; provider and member appeals; and updating of procedure codes.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: September 15, 2003
AGENCY CONTACT PERSON: Peter J. Ezzy
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207)-287-9365
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


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