Skip Maine state header navigation

Agencies | Online Services | Help

August 27, 1997
Rule-Making Notice

as it appears in 5 daily Maine newspapers

PROPOSALS
AGENCY: 16-222 - Department of Public Safety, Bureau of State Police

RULE TITLE OR SUBJECT: Chapter 4 - Motor Carrier Safety Rules
PROPOSED RULE NUMBER: 97-P165
CONCISE SUMMARY: These rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the safe operations of motor carriers as found in 49 Code of Federal Regulations Parts 40, 382, 390, 391, 392, 393, 395 and 396.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 29-A M.R.S.A. Section 555

RULE TITLE OR SUBJECT: Chapter 6 - Transportation of Hazardous Materials
PROPOSED RULE NUMBER: 97-P166
CONCISE SUMMARY: These rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the transportation of hazardous materials in commerce as found in 49 Code of Federal Regulations Parts 107, 171, 172, 173, 174, 177, 178, 179, 180, 387 and 397.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 25 M.R.S.A. Section 2103-A

PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 26, 1997
AGENCY CONTACT PERSON: Lt. Bruce Dow
AGENCY NAME: Bureau of State Police
ADDRESS: 20 State House Station
Augusta, ME 04333
TELEPHONE:(207) 624-8939


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Chapter 101 - Maine Medical Assistance Manual, Chapter III, Section 24: Day Habilitation Services for Persons with Mental Retardation
PROPOSED RULE NUMBER: 97-P167
CONCISE SUMMARY: The proposed rule revises and establishes procedure codes relevant to Day Habilitation Services For Persons With Mental Retardation.. Deletes all current procedure codes for persons residing in Intermediate Care Facilities for Persons with Mental Retardation and replaces them with one code to be used by all ICF/MR's who bill for Day Habilitation Services.
THIS RULE MAY HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: none scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 26,1997
AGENCY CONTACT PERSON: Maurice Gagnon, Policy Development, Bureau of Medical Services, 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527.


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
RULE TITLE OR SUBJECT: Chapter 3: Schedule of Minimum Prices - Order #97-10
PROPOSED RULE NUMBER: 97-P168
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 NOT HAVE 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., Thursday, September 11, 1997, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 336, Augusta, Maine 04333.
DEADLINE FOR COMMENTS: September 11, 1997
AGENCY CONTACT PERSON: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02 - Department of Professional & Financial Regulation:
029 - Bureau of Banking;
02-030 - Office of Consumer Credit Regulation; and
02-031 - Bureau of Insurance.
RULE TITLE OR SUBJECT: Sale of Insurance Products by Financial Institutions and Supervised Lenders.
CHAPTER NUMBERS:
Bureau of Banking: Chapter 139, Regulation 39.
Office of Consumer Credit Regulation: Chapter 400.
Bureau of Insurance: Chapter 880.
CONCISE SUMMARY: This rule is being jointly promulgated by the Bureau of Banking, the Office of Consumer Credit Regulation, and the Bureau of Insurance, as required by P.L. 1997, c. 315, "An Act to Regulate the Sale of Insurance by Federally and State-chartered Financial Institutions." The rule addresses issues regarding the use of signs, the physical location of the sale of insurance products, and the identification of insurance agencies producers, and consultants associated with financial institutions, financial institution holding companies, credit unions, supervised lenders, or the affiliates of any of the foregoing, in connection with the sale of insurance by these institutions or their affiliates.
Copies of this rule may be obtained, and electronic comments may be filed, by accessing the Bureau of Banking Internet Home Page at http://www.maine.gov/pfr/bkg/bkghome2.htm, the Office of Consumer Credit Regulation Internet Home Page at http://www.maine.gov/pfr/ccp/ccphome2.htm, or the Bureau of Insurance Home Page at http://www.maine.gov/pfr/ins/inshome2.htm.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 9-A M.R.S.A. 4-407;.9-B M.R.S.A. 416 and 448 (5); 24-A M.R.S.A. 1443-A (1)
PUBLIC HEARING: September 17, 1997, at 9:00 a.m. in Room 113 of the State Office Building, Capitol Street, Augusta, Maine.
DEADLINE FOR COMMENTS: September 29, 1997
AGENCY CONTACT PERSONS:
Bureau of Banking: Colette L. Mooney, Deputy Superintendent, 36 State House Station, Augusta, Maine 04333-0036. (207) 624-9570.
Office of Consumer Credit Regulation: William N. Lund, Director, 35 State House Station, Augusta, Maine 04333-0035. (207) 624-8527.
Bureau of Insurance: Lyndy Morgan, Legal Secretary, 34 State House Station, Augusta, Maine 04333-0034. (207) 624-8475.


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Chapter 1: Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 97-P170
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing some minor regulation changes for the 1997-1999 ice fishing and the 1998 and 1999 open water fishing regulations needed to provide for the effective conservation of Maine's inland fisheries, and enhance fishing opportunities throughout the State. A list of these proposals (being considered without public hearing) may be obtained from the Agency Contact Person listed below. These are in addition to the proposals being heard at previously advertised public hearings.
STATUTORY AUTHORITY: 12 M.R.S.A 7035
PUBLIC HEARINGS: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 26,1997
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201.


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Monhegan Island Conservation Area and Prohibitions
PROPOSED RULE NUMBER: 97-P171
CONCISE SUMMARY: This regulation changes the description of the Monhegan Island Conservation Area and changes the closed season dates to sundown June 25 through 00:01 a.m. December 1 each year. The registration deadline to fish for lobster in the Monhegan Area would be changed to November 1, 1997 for one year only and changes to August 1st each year thereafter. The rule will also require all sternmen to be registered. Those registered would not be permitted to fish for lobster in other state territorial waters and clarifies where registrants can fish outside of the Monhegan Island Conservation Area. All registrants would be prohibited from switching areas during the year in which they are registered to fish for lobster in the Monhegan Island Conservation Area.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171 & 6171-A
PUBLIC HEARING: Wednesday, September 17, 1997, 6 p.m., DMR Conference Room, West Boothbay Harbor, Maine
DEADLINE FOR COMMENTS: September 27, 1997
AGENCY CONTACT PERSON: Col. Joe Fessenden
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6550


ADOPTIONS
AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #332 Medicaid Eligibility Manual - Income and Asset Exclusion for AFDC-Related Medicaid
ADOPTED RULE NUMBER: 97-270
CONCISE SUMMARY: This changes AFDC-related Medicaid rules to be consistent with recent changes in TANF. It increases the income and asset excluded in determining eligibility.
EFFECTIVE DATE: 97-270
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Chapter 36.01: Herring Management Plan
ADOPTED RULE NUMBER: 97-271
CONCISE SUMMARY: The Department of Marine Resources is proposing changes to existing regulations affecting the fishery for Atlantic herring in Gulf of Maine coastal waters which will provide additional protection for spawning herring without interrupting the supply of non-spawning fish for lobster bait and for the canning industry.
EFFECTIVE DATE: August 19, 1997
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Chapter #3: Schedule of Minimum Prices
ADOPTED RULE NUMBER: 97-274
CONCISE SUMMARY: Minimum September, 1997 producer Class I set at $14.40 and a Northeast Interstate Dairy Compact over order price of $2.84. September, 1997 Class II goes to $11.16 and Class III minimums set at $10.89. A $.30 premium is included in the Class I minimums. These changes were passed on in minimum prices.
EFFECTIVE DATE: September 1, 1997
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 01-026 - Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Chapter 32 - Certification and Licensing Provisions/Private Applicators
ADOPTED RULE NUMBER: 97-276
CONCISE SUMMARY: The Board proposed raising the license fee for private applicators from $6.00 for a three year license to $21.00 for three years. After reviewing the hearing record and written comments, the Board voted to raise the fee to $15.00 for three years.
EFFECTIVE DATE: August 20, 1997
AGENCY CONTACT PERSON: Tammy L. Gould
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta ME 04333-0028
TELEPHONE: (207)287-2731


AGENCY: 02-385 - Department of Professional & Financial Regulation, Manufactured Housing Board
CHAPTER NUMBER AND TITLE: Chapter 110: Rules for the State Certification of Manufactured Housing
ADOPTED RULE NUMBER: 97-277
CONCISE SUMMARY: The proposed rule amendments will update the codes and standards to reflect the following: 1993 edition of the BOCA Basic National Building Code with an exception for interior egress doorway width, and definition of habitable attic; 1993 edition of the National Plumbing Code; 1996 edition of the National Electrical Code; 1994 edition of the National Life Safety Code with the exception of the stair geometry; and elimination of the Maine Energy Code. The rule provides that the local enforcement agency exercise all authority granted by local ordinance over the workmanship of all work performed on site in accordance with the approved plans, specifications and installation instructions provided as part of the certified building components. The rule will require each manufacturing plant to be in compliance with the Board's licensing requirements.
EFFECTIVE DATE: August 25, 1997
AGENCY CONTACT PERSON: Carol E. Holt
NAME: Manufactured Housing Board
ADDRESS: 35 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8612


Return to the Online Rules Home Page.

Return to the APA Home Page.

Return to the Division of Rules, Commissions and Notaries Home Page.

Return to the Bureau of Corporations, Elections and Commissions Home Page.

Return to the Department of the Secretary of State Home Page.