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August 25, 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: 02-371 - Department of Professional & Financial Regulation, Nursing Home Administrators Licensing Board
RULE TITLE OR SUBJECT: All chapters for the Nursing Home Administrators Licensing Board
PROPOSED RULE NUMBER: 99-P157
CONCISE SUMMARY: Effective May 29, 1998, the Department of Human Services, Bureau of Medical Services promulgated regulations "Governing the Licensing and Functioning of Assisted Living Facilities". DHS already regulated Nursing Homes, while the Nursing Home Administrators Licensing Board, under the auspices of the Department of Professional & Financial Regulation, Office of Licensing & Registration, did and does regulate the Administrators of Nursing Homes. This proposed rule will cause the Administrators of Residential Care Facilities to be similarly regulated by the Nursing Home Administrators Licensing Board. This proposed overhaul of the existing rules will affect its component chapters as follows:
1. Update the Definitions to contemplate Residential Care Facilities and their Administrators.
2-3. Establish qualifications for Residential Care Facility Administrators. Distinguish between the qualifications required of Nursing Home Administrators and Residential Care Facility Administrators.
4. Establish criteria for Multi-level Long Term Care Facility Administrators.
5. Broaden the language pertinent to "Licensing" to cause it to apply generically to Administrators of not only Nursing Homes, but also to those of Residential Care Facilities and Multi-level Long Term Care Facilities.
6. Expand the categories of licensure which may be entertained by endorsemont (comity or reciprocity).
7. Broaden the language pertinent to "Temporary Licenses" to cause it to apply generically to Administrators of not only Nursing Homes, but also to those of Residential Care Facilities and Multi-level Long Term Care Facilities.
8. Clarify the language pertaining to continuing education requirements, and resituate the chapter so as to follow those chapters which discuss initial licensure requirements.
9. Make certain editorial revisions to the explanation of "Advisory Rulings".
10. Increase licensing fees to their statutory cap, in order to enable the Board to continue to fulfill its statutory mandate.
11. Broaden the "Code of Ethics" to cause it to apply generically to Administrators of not only Nursing Homes, but also to those of Residential Care Facilities and Multi-level Long Term Care Facilities.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 M.R.S.A., C. 2, 63-B (2)
PUBLIC HEARING: Wednesday, September 15, 1999, 10 a.m., Dept. of Professional & Financial Regulation, 122 Northern Ave., Gardiner, ME 04145
DEADLINE FOR WRITTEN COMMENTS: September 30, 1999
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Health Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #99-10
PROPOSED RULE NUMBER: 99-P173
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOTHAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., September 9, 1999, Department of Agriculture, Food & Rural Resources, Deering Building Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: September 9, 1999
NAME: Linda Smith Dyer, Deputy Commissioner
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 99-P174
CONCISE SUMMARY: This rule makes annual changes in maximum allotments and increases income limits.
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 24, 1999.
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


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25, Monhegan Island Lobster Conservation Area, Open Season
PROPOSED RULE NUMBER: 99-P175
CONCISE SUMMARY: The Commissioner is sending to rule-making the required recommendation from the Monhegan Island Lobster Conservation Area Local Committee for the 180 day 1999-2000 open lobster fishing season. This regulation conforms to 12 M.R.S.A. 6472.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171 and 6472
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, September 24, 1999
AGENCY CONTACT PERSON: Lt. Dan Morris
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9595


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 99-P176
CONCISE SUMMARY: Income from Alternative Aid, Emergency Assistance, and matching awards for Savings for Success Accounts will not affect Food Stamps. There is a twelve month limit in which the Department can restore benefits. Potential intentional overpayments do not need to be collected under certain conditions. Medical expenses related to special diets will not be allowed.
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 24, 1999.
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)


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 318, Wells Waste Oil Clean-Up Program
PROPOSED RULE NUMBER: 99-P177
CONCISE SUMMARY: This rule establishes the procedures and standards applicable to grant and loan recipients and financial institutions participating in the Authority's statewide program for awarding grants and for making or insuring loans to finance the response costs incurred by responsible parties for the investigation, removal and remediation of waste-oil contamination at the Portland-Bangor Waste Oil Services Site in Wells.
THIS AMENDMENT WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14), 1023-L(3) and 1026-Q(3).
PUBLIC HEARING: September 16, 1999, 11:00 a.m., Augusta Civic Center, Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before September 27, 1999. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
TELEPHONE:
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


ADOPTIONS

AGENCY: 06-096 - Board of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 856, Licensing of Hazardous Waste Facilities
ADOPTED RULE NUMBER: 99-329
CONCISE SUMMARY: The board amended Ch. 856 to specify the circumstances under which elementary neutralization units are exempt from the licensing requirements of Maine hazardous waste law. An "elementary neutralization unit" a pipe, tank or other device used to collect and neutralize waste that is hazardous solely because it has the characteristic of corrosivity. Corrosive wastes are considered hazardous if their pH is either less than 2.0 or greater than 12.5. Neutralization is the process of rendering corrosive waste non-hazardous by lowering or raising pH.
EFFECTIVE DATE: January 1, 2000
AGENCY CONTACT PERSON: John James, Maine Department of Environmental Protection, 17 SHS, Augusta ME 04330
TELEPHONE: (207) 287-7866


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Price - Order #99-09
ADOPTED RULE NUMBER: 99-332
CONCISE SUMMARY: Minimum September, 1999 producer Class I set at $16.83 and a $0.11 Northeast Interstate Dairy Compact over order price. September, 1999 Class II goes to $13.89 and Class III minimums set at $13.62. These changes were passed on in minimum prices.
EFFECTIVE DATE: September 1, 1990
AGENCY CONTACT PERSON:
NAME: Linda Smith Dyer, Deputy Commissioner, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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