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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) 624-7650
FAX (207) 287-6545

August 29, 2001
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: 02-041 - Department of Professional and Financial Regulation, Office of Licensing & Registration, Interpreters and Transliterators of American Sign Language and English
RULE TITLE OR SUBJECT:
Ch. 50, Definitions
Ch. 51, Requirements for Initial Licensure
Ch. 52, License Renewal and Continuing Education
Ch. 53, Conversion of Registrants to Licensees
Ch. 54, Disclosure Statement
Ch. 55, Complaints and Investigations
Appendix
PROPOSED RULE NUMBER: 2001-P208
CONCISE SUMMARY:
Ch. 50, Definitions. This chapter defines terms used in chapters 51-55
Ch. 51, Requirements for Initial Licensure. This chapter sets forth criteria for the initial licensure of interpreters/transliterators and describes the application process.
Ch. 52, License Renewal and Continuing Education. This chapter sets forth continuing education requirements and describes the license renewal process.
Ch. 53, Conversion of Registrants to Licensees. This chapter describes the transition process from registration to licensure for persons previously registered as interpreters, transliterators and deaf interpreters in Maine.
Ch. 54, Disclosure Statement. This chapter describes the statutory disclosure to be furnished by interpreters and transliterators to consumers and clients.
Ch. 55, Complaints and Investigations. This chapter describes the procedure by which complaints will be handled by the Office of Licensing and Registration.
Appendix. Contains a partial listing of resources available to interpreters and transliterators in Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 1522(l), 1531
Public Hearing: Monday, September 17, 2001 at 4:00 p.m., Department of Professional and Financial Regulation, Gardiner Annex, 122 Northern Avenue, Gardiner, Maine 04345
DEADLINE FOR WRITTEN COMMENTS: September 27, 2001
AGENCY CONTACT PERSON:
NAME: Dianne E. Sawyer, Board Administrator
E-MAIL: dianne.e.sawyer@maine.gov
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333-0035
PHONE NUMBER: (207) 624-8617
INTERNET SITE TO OBTAIN COPIES OF DRAFT RULES: www.maineprofessionalreg.org


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources

RULE TITLE OR SUBJECT: Ch. 252, Rules Governing Certification of Seed Potatoes in the State of Maine
PROPOSED RULE NUMBER: 2001-P209
CONCISE SUMMARY: This proposed rule amends the current "Rules Governing Certification of Seed Potatoes in the State of Maine" in two ways. It increases the acreage allowed for Post-Harvest Test samples for Nuclear 3 seed potatoes from 8 to 15 acres per sample, and it allows the Department to reject lots of seed potatoes for diseases, pests or other conditions not covered by the rules providing that, in the judgment of the Commissioner, such diseases, pests or other conditions might adversely affect the Maine potato industry or Maine agriculture. Growers will be afforded an opportunity for a hearing prior to such action being finalized.
STATUTORY AUTHORITY: 7 MRSA 2101-2105
PUBLIC HEARING: No public hearing scheduled; one may be requested.

RULE TITLE OR SUBJECT: Ch. (New), Pine Shoot Beetle Quarantine
PROPOSED RULE NUMBER: 2001-P210
CONCISE SUMMARY: This proposed rule establishes a state quarantine on the Pine Shoot Beetle and includes the northern portion of Oxford County as the area under quarantine. The rule also specifies the requirements for shipping pine and pine products from the quarantine area.
STATUTORY AUTHORITY: 7 MRSA Ch. 409, 2301-2303
PUBLIC HEARING: 2:00 p.m. on September 18, 2001 at the Oxford County Extension Office, 9 Olson Road, South Paris, ME.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR COMMENTS: September 28, 2001
AGENCY CONTACT PERSON: Terry L. Bourgoin, Director
AGENCY NAME: Division of Plant Industry
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3891


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #10-01
PROPOSED RULE NUMBER: 2001-P211
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 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 1:30 p.m., Friday, September 21, 2001, Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: September 21, 2001
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 25.94(2)(e), Lobster Management Zones, Zone E, and
Ch. 25.94(2)(f), Lobster Management Zones, Zone F
PROPOSED RULE NUMBER: 2001-P212
CONCISE SUMMARY: The Commissioner proposes the following revised western boundary for Zone E, and revised eastern boundary for Zone F, to more accurately reflect historic fishing grounds in the waters adjacent and below Cape Small. The new line would begin at Newbury Point in Small Point Harbor, Phippsburg, then proceed due SSW to N"2", then proceed SSE to "2BH", then due south magnetic to the Exclusive Economic Zone (EEZ).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6446
PUBLIC HEARING: Monday, September 17, 2001, 7:00 p.m., Lincoln County Communication Center Meeting Room (lower entrance behind the Courthouse), Route 1, Wiscasset
DEADLINE FOR COMMENTS: Thursday, September 27, 2001
AGENCY CONTACT PERSON: Terry Stockwell
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9556
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, please contact Breena Whitcomb at (207) 624-6567.


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE-TANF Program Rules
PROPOSED RULE NUMBER: 2001-P213
CONCISE SUMMARY: Changes in the ASPIRE-TANF Program Rules are being proposed to correct omissions/ make clarifications from prior rule changes. In addition, rules relating to providing a supervisory review of all proposed actions to sanction program participants are being proposed. Finally, new policy relating to exploration of good cause reasons for failure to abide by program rules will be added to the ASPIRE-TANF Program Manual.
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: October 1, 2001
AGENCY CONTACT PERSON: Stephen W. Telow, ASPIRE-TANF Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-3309


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 231, State of Maine Rules Relating to Drinking Water
PROPOSED RULE NUMBER: 2001-P214
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.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICEPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 601, Subchapter 1, 2605
PUBLIC HEARING: September 21,2001, from 1:00 p.m.- 3.00 p.m., at 219 Capitol Street, Augusta, Maine
DEADLINE FOR COMMENTS: October 5, 2001
AGENCY CONTACT PERSON: Ebrahim Habib
AGENCY NAME: Drinking Water Program
ADDRESS: 10 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-6471
TYY: (207) 287-2070


ADOPTIONS

AGENCY: 14-118 - Department of Mental Health, Mental Retardation and Substance Abuse Services, Office of Substance Abuse (OSA)
CHAPTER NUMBER AND TITLE: Ch. 4, Regulations for Licensing and Certifying of Substance Abuse Treatment Programs
ADOPTED RULE NUMBER: 2001-365
CONCISE SUMMARY: The revisions comply with Resolves 1999, Ch 22, which requires OSA to adopt rules regarding alcohol and drug treatment programs to allow program staffing and supervision by personnel professionally qualified and experienced in alcohol and drug abuse treatment and to eliminate the requirement that personnel be qualified as a particular type of alcohol and drug abuse professional. This rule change was effective on an EMERGENCY basis 4/20/00, effective for up to one year.
After review by the Legislature as a major substantive rule, these rules are now being adopted as a final rule.
Also section 4.06, Medically Managed Intensive Inpatient Detoxification Module and 4.06A, Medically Monitored Inpatient Detoxification Module was also amended effective April 25, 2001. Because of an oversight the adoption notice was not published at the time the rule was filed.
EFFECTIVE DATE: Sec. 4.06 and 4.06A effective April 25, 2001; Sec. 4.04(K) effective September 14, 2001
AGENCY CONTACT PERSON: Nancy Christensen, Director, Special Projects
AGENCY NAME: Department of Mental Health, Mental Retardation and Substance Abuse Services
ADDRESS: 40 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7368 (v)
TTY: (207) 287-2000


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