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September 1, 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: 99-346 - Maine State Housing Authority

RULE TITLE OR SUBJECT: Ch. 1, Home Mortgage Program Rule
PROPOSED RULE NUMBER: 99-P143
CONCISE SUMMARY: The purpose of the proposed amendment is to modify the Rule with respect to (i) private mortgage insurance, (ii) loan registration, (iii) manufactured housing, (iv) detached units, and (v) minor technical corrections. Complete copies of the proposed amended Home Mortgage Program Rule are available at the Maine State Housing Authority.
STATUTORY AUTHORITY: 30-A M.R.S.A. 4741(1)
CONTACT PERSON: Erin Rodriguez

RULE TITLE OR SUBJECT: Ch. 4, Eviction Procedures Under the Section 8 Existing Housing Program and the Section 23/8 Conversion Housing Program
PROPOSED RULE NUMBER: 99-P144
CONCISE SUMMAY: Repeal of rule adopted in 1980 to comply with federal legislation which required the Authority, rather than the owner, to issue any eviction notices to tenants of Section 8 existing or Section 23/8 conversion housing. The rule is not applicable to any outstanding leases and is obsolete.
STATUTORY AUTHORITY: 30-A M.R.S.A. 4741(1)
CONTACT PERSON: Linda L. Sears. Esq.

RULE TITLE OR SUBJECT: Ch. 8, Rental Rehabilitation/Conversion Loan Program Rule
PROPOSED RULE NUMBER: 99-P145
CONCISE SUMMARY: Repeal of rule which established a program for the rehabilitation of residential rental structures and the conversion of single family structures into multi-family structures in accordance with the HUD Rental Rehabilitation Program. HUD discontinued its Rental Rehabilitation Program and the rule is obsolete.
STATUTORY AUTHORITY: 30-A M.R.S.A. 4741(1)
CONTACT PERSON: Linda L. Sears. Esq.

RULE TITLE OR SUBJECT: Ch. 10, Fuel Oil Conservation Loan Program Rule
PROPOSED RULE NUMBER: 99-P146
CONCISE SUMMARY: Repeal of rule for program using oil overcharge funds for oil conservation. The Authority has not operated this program for several years and the rule is obsolete.
STATUTORY AUTHORITY: 30-A M.R.S.A. 4741(1)
CONTACT PERSON: Linda L. Sears. Esq.

RULE TITLE OR SUBJECT: Ch. 18, Underground Oil Storage Tank Removal Program
PROPOSED RULE NUMBER: 99-P147
CONCISE SUMMARY: Repeal of rule adopted to provide assistance for removal and disposal of underground oil storage tanks identified by DEP as leaking or posing an environmental threat or as having been abandoned. All funds have been disbursed and the rule is obsolete.
STATUTORY AUTHORITY: 30-A M.R.S.A. 4741(1), P. & S.L. 1987 c.126
CONTACT PERSON: Linda L. Sears. Esq.

RULE TITLE OR SUBJECT: Ch. 20, Home Equity Conversion Mortgage Program Rule
PROPOSED RULE NUMBER: 99-P148
CONCISE SUMMARY: Repeal of rule adopted in 1989 to access a HUD program to insure reverse mortgages. The Authority has discontinued the program and the rule is obsolete.
STATUTORY AUTHORITY: 30-A M.R.S.A. 4741(1), 30-A M.R.S.A. 4941 et seq.
CONTACT PERSON: Linda L. Sears. Esq.

RULE TITLE OR SUBJECT: Ch. 19, Homeless Programs Rule
PROPOSED RULE NUMBER: 99-P178
CONCISE SUMMARY: The purpose of the amendment is to modify the funding formula by increasing by 5% the amount of funds allocated based upon occupancy and decreasing by 5% the amount of funds allocated evenly among all eligible applicants without regard to capacity or occupancy; to require nonprofit recipients to be 501(c)(3) corporations; to delete the late report penalty; to add financial reporting requirements; and to make minor technical revisions.
STATUTORY AUTHORITY: 30-A M.R.S.A. 4741
CONTACT PERSON: Linda L. Sears. Esq.

THESE RULES WILL NOT NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A M.R.S.A. 4741
PUBLIC HEARING: September 21, 1999, 9:30 a.m., Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: October 1, 1999
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
(800) 452-4603 (TDD)


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 11, Mediation
PROPOSED RULE NUMBER: 99-P179
CONCISE SUMMARY: The proposed change, in keeping with recent amendments to the Workers' Compensation Act, eliminates the requirement that a case be referred to mediation after a Provisional Order request has been ruled upon.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2), 205(9)(D), and 313
PUBLIC HEARING Wednesday, September 22, 1999, 1:00 p.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, October 4, 1999, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, Acting General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: 207/287-7094


AGENCY: 02-502 - Department of Professional and Financial Regulation, Board of Complementary Health Care Providers
RVLE TITLE OR SUBJECT: Ch. 9, Fees
PROPOSED RULE NUMBER: 99-P180
CONCISE SUMMARY: The license fees for acupuncturists and naturopathic doctors is being increased in order to collect sufficient revenue to support the licensing and regulatory program for the Board of Complementary Health Care Providers. The Board is currently in a financial deficit and must increase licensing fees to become financially solvent.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 M.R.S.A., 12514 and 12526
PUBLIC HEARING: Monday; September 21, 1999, 9:00 a.m., at Maine Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: September 30, 1999
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMMER: 624-8625


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Transitional Child Care Guidelines
PROPOSED RULE NUMBER: 99-P181
CONCISE SUMMARY: This policy proposes to adopt the maximum Transitional Child Care income guidelines and fee assessment schedule which became effective October 1, 1999 through September 30, 2000 through emergency rulemaking procedures.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 30, 1999
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
TITLE OR SUBJECT: State Plan for Temporary Assistance for Needy Families (TANF)
PROPOSED RULE NUMBER: 99-P182
CONCISE SUMMARY: The Department of Human Services, Bureau of Family Independence, announces that the State Plan which outlines the Temporary Assistance for Needy Families (TANF) program is available for review and comment by contacting the person listed below.
PULIC HEARING: Not applicable.
COMMENT DEADLINE: October 15, 1999
AGENCY CONTACT PERSON: Rose Masure
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: #11 State House Station, Whitten Road, Augusta, ME 04333
TELEPHONE: (207) 287-5089
DEAF/HARD OF HEARING 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), EAP
PROPOSED RULE NUMBER: 99-P183
CONCISE SUMMARY: This policy proposes to remove the restriction that Emergency Assistance Program payments be made to vendors.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 30, 1999
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR. SUBJECT: Ch. 4.01(J), Upland Game and Furbearing Animals, Size of Traps PROPOSED RULE NUMJ3ER: 99-P184
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has received a petition requesting an amendment to the types of traps that are allowed to be used as follows: (a) Legalize the underwater use of seven-inch Colony traps for muskrat and mink; (b) legalize the use of "egg traps", "duffer traps" and all other traps of that type which are designed specifically for catching raccoons while avoiding non-target catches.
STATUTORY AUTHORITY: 12 M.R.S.A 7035
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 1, 1999
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 940, Requirements for Health Insurance Rate Filings and Data Reporting
PROPOSED RULE NUMBER: 99-P185
CONCISE SUMMARY: This proposed rule establishes procedures and guidelines for filing individual and small group health insurance rates and all health maintenance organization (HMO) rates in this state. The rule is intended to inform those filing health insurance rates of the types of data required to permit the Bureau to appropriately review the filings submitted. In addition, annual data reporting requirements set forth in Appendix A will enable the Bureau to monitor the continued viability of Maine's small group and individual health plan markets.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A M.R.S.A. 2321, 212, 2413, 2736, 2736-C, 2808-B, and 4207.
PUBLIC HEARING: September 20, 1999, 1:00 p.m., Central Conference, Department of Professional and Financial Regulation Building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: September 30, 1999, 5:00 p.m.
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, #34 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 12, Formal Hearings
PROPOSED RULE NUMBER: 99-P186
CONCISE SUMMARY: The proposed change to Section 8, in keeping with recent amendments to the Workers' Compensation Act, removes the language that authorizes Hearing Officers to order one or more parties to pay for interpreter services. The proposed change to Section 9(2) eliminates the requirement that the Board send parties a Joint Scheduling Memorandum.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2), 315, and 329
PUBLIC HEARING Wednesday, September 22, 1999, 2:00 p.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, October 4, 1999, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, Acting General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: 207/287-7094


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 26.07, Sea Urchin Harvesting Season 1999 - 2000
ADOPTED RULE NUMBER: 99-336
CONCISE SUMMARY: For purposes of conservation pursuant to 12 M.R.S.A. 6171, 6171-A and 6749-W, this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 and Zone 2 for 1999 - 2000.

CHAPTER NUMBER AND TITLE: Ch. 28.01, Marine Worms, Sunday Digging Prohibited
ADOPTED RULE NUMBER: 99-337
CONCISE SUMMARY: The adopted rule prohibits the taking of more than 125 marine worms on Sundays. This action is taken to repromulgate a regulation enacted prior to the Administrative Procedure Act which became effective in 1979. This rule has been promulgated in accordance with that Act.

CHAPTER NUMBER AND TITLE: Ch. 36, Herring Management Plan
ADOPTED RULE NUMBER: 99-338
CONCISE SUMMARY: The Department of Marine Resources has adopted changes to the herring management plan regulations to bring those regulations into compliance with the Atlantic States Marine Fisheries Commission, Amendment One to the Interstate Fisheries Management Plan for Atlantic sea herring and the New England Fisheries Management Council herring management plan. In accordance with these management plans, the herring fishery will be subject to total allowable catch restrictions in Management Areas 1, 2 and 3. Additional changes include revised dealer permits, new reporting requirements for all harvesters and dealers, a change in the determination of tolerance in the spawning catch restrictions, removal of the Downeast fixed gear exemption, repeal of the York County artificial light exemption and repeal of the reduction plant reporting that is replaced by the new proposed reporting requirements. The entire chapter is renumbered and grammatical and technical corrections have been made throughout.

CHAPTER NUMBER AND TITLE: Ch. 90, Conservation Areas
ADOPTED RULE NUMBER: 99-339
CONCISE SUMMARY: The Department has adopted the repeal of the conservation areas located on the Dunston Branch of the Scarboro River and Turner's Bar in the town of Scarboro. The conservation efforts were successful and are now actively harvested. The conservation areas are therefore no longer necessary. Those portions of Chapter 90 enacted prior to 1979 have been repromulgated for compliance with the Administrative Procedure Act and technical corrections made throughout the chapter.

EFFECTIVE DATE: August 28, 1999
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: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 2.03-A, Salmonid Fish Health Inspection Regulations
ADOPTED RULE NUMBER: 99-340
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted parallel rules to those adopted by the Department of Marine Resources establishing fish health inspection procedures for live salmonids and gametes commercially grown within the State of Maine.
EFFECTIVE DATE: August 30, 1999
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: 41 State House Station, Augusta, Maine 04333-0041
TELEPHONE: (207) 287-5201


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