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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

September 6, 2000
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: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 201, Maine Food Code
PROPOSED RULE NUMBER: 200-P190
CONCISE SUMMARY: This rule is being proposed to update and consolidate existing rules. This rule improves food safety based on today's science and brings Maine's food rules into alignment with nationally accepted guidelines. Adoption will allow the Department of Agriculture, Food and Rural Resources and the Department of Human Services to enforce the "Maine Food Code" uniformly throughout the retail food service industry.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 2491 to 2501
PUBLIC HEARING): September 27, 2000, 9:00 a.m. at the Pine Tree State Arboretum, 159 Hospital St., Augusta, Maine
DEADLINE FOR COMMENTS: October 9, 2000
AGENCY CONTACT PERSON: Clough Toppan
AGENCY NAME: 10 State House Station
ADDRESS: Augusta, Maine 04333
TELEPHONE: (207) 287- 5686


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 103, Rules For Vehicle Dealers, Auctions, Transporters, And Loaners
PROPOSED RULE NUMBER: 2000-P191
CONCISE SUMMARY: These rules establish requirements for licensing and for receipt of registration plates for vehicle dealers, persons in the business of conducting vehicle auctions and holders of loaner and transporter plates. The rules set forth required facilities, equipment, records and hours and describe required application procedures, and the rules give requirements for annexes and for secondary locations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA 591
PUBLIC HEARING: September 28, 2000, 10:00a.m., Bureau of Motor Vehicles, 101 Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 9, 2000
AGENCY CONTACT PERSON: Susan Harris
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: Division of Vehicle Services, Dealer and Agent Services, 101 Hospital Street, Augusta, Maine 04333
TELEPHONE: (207) 624-9243


AGENCY: 19-498 - Department of Economic and Community Development
RULE TITLE OR SUBJECT: Ch. (New), Regional Economic Development Assistance Fund
PROPOSED RULE NUMBER: 2000-P192
CONCISE SUMMARY: The Regional Economic Development Assistance Fund is to provide funding to develop effective local and regional economic development programs. The fund is to award start-up operating assistance to non-profit local or regional community based organizations that provide economic development programs to the communities they serve. The fund is designed to assist organizations from areas of the state that have high unemployment, low per capita income, economies that are dependent on mature and dominant industries, or high poverty rates. The purpose of the rule is to define the criteria and proposal process for applications to the fund.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13073-A.
PUBLIC HEARING): None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 6, 2000
AGENCY CONTACT PERSON: Peggy Schaffer
AGENCY NAME: Department of Economic and Community Development
ADDRESS: 59 State House Station, Augusta, ME 04333
TELEPHONE: 287-8480


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 136, Official State of Maine Grades and Standards for Milk and Milk Products for use with the State of Maine Quality Trademark
PROPOSED RULE NUMBER: 2000-P193
CONCISE SUMMARY: This rule is being proposed to amend the existing regulations for using the Department's Quality Trademark logo on milk and milk products. The proposed amendments will revise the current regulations to reflect current quality standards and industry practices.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 443, 443-B, 2901-B, 2909
PUBLIC HEARING): None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: October 9, 2000
AGENCY CONTACT PERSON: David E. Gagnon
AGENCY NAME: Maine Department of Agriculture
ADDRESS: 28 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-3841


AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance & Regulations
RULE TITLE OR SUBJECT: Ch. 331, Maine Food Code
PROPOSED RULE NUMBER: 2000-P194
CONCISE SUMMARY: This rule is being proposed to update and consolidate existing rules. This rule improves food safety based on today's science and brings Maine's food rules into alignment with nationally accepted guidelines. Adoption will allow the Department of Agriculture, Food and Rural Resources and the Department of Human Services to enforce the "Maine Food Code" uniformly throughout the retail food service industry.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 2625-2629, 22 MRSA 2153, 2154, and 2167-2169
PUBLIC HEARING: September 27, 2000, 9:00 a.m. at the Maine State Arboretum, 159 Hospital St. Augusta, Maine
DEADLINE FOR COMMENTS: October 9, 2000
AGENCY CONTACT PERSON: David Gagnon
AGENCY: Department of Agriculture, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287- 3841


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 169, The Administration of the Performance and Registration Information Systems Management (PRISM) Program
PROPOSED RULE NUMBER: 2000-P195
CONCISE SUMMARY: This rule chapter implements the registration related requirements of the Performance Registration Information System and Management (PRISM) Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA 2458
PUBLIC HEARING: At the Nash School, 1st floor conference room at the corner of Capital and Sewall Streets in Augusta, on September 28, 2000, at 2:00 p.m.
DEADLINE FOR COMMENTS: October 10, 2000
AGENCY CONTACT PERSON: Maurice J. Dionne Jr.
AGENCY NAME: Maine Bureau of Motor Vehicles
ADDRESS: Commercial Vehicle Division, 29 State House Station, Augusta, Me. 04333-0029
TELEPHONE: 207/624-9000 ext. 52127


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Amendments to Maine Insurance Rule Ch. 275, "Medicare Supplement Insurance"
PROPOSED RULE NUMBER: 2000-P196
CONCISE SUMMARY: These proposed amendments provide for the reasonable standardization of coverage and simplification of terms and benefits of Medicare supplement policies
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24 MRSA 2328, 24-A MRSA 212, 2413(l)(F), 4207(9), 5002, 5003, 5002-A, 5005, and 5010-A.
PUBLIC HEARING: September 26, 2000, 9:00 a.m., in the Kennebec Room of the Department of Professional and Financial Regulation Building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: October 6, 2000, 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


ADOPTIONS

AGENCY: 02-297 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Chiropractic Licensure
CHAPTER NUMBER AND TITLE:
Repeal the following chapters:
Ch. 1, Rules for Chiropractors
Ch. 2, Rules for Chiropractors
Ch. 3, Rules for Chiropractors
Ch. 4, Rules for Chiropractic Assistants
Ch. 5, Code of Ethics
Replace the above chapters being repealed with new chapters as follows:
Ch. 1, Definitions
Ch. 2, General Provisions
Ch. 3, Licensure Requirement for Chiropractic Doctors
Ch. 4, Requirements for Certifying Chiropractors to Practice Chiropractic Acupuncture
Ch. 5, Certification Requirement for Chiropractic Assistants and the Issuance of Temporary Certificates for Chiropractic Assistants
Ch. 6, Continuing Professional Education
Ch. 7, Enforcement and Disciplinary Procedures
Ch. 8, Code of Ethics
Ch. 9, Fees
ADOPTED RULE NUMBER: 2000-361 through 2000-369
CONCISE SUMMARY: These proposed rules: 1] identify and clarify certain terms used by this profession; 2] specify the manner with which meetings, rulings, hearings and records of the board will occur; 3] specify and clarify the qualifications and method for filing applications for licensing chiropractors, certifying chiropractors to practice chiropractic acupuncture, chiropractic assistants, and issuance of temporary certificates for chiropractic assistants. Expanding the acceptance of the national examination to include Part IV; 4] set standards for continuing professional education that will be required at the time of licensure renewal, including reporting requirements and program approvals; 5] update and clarify procedures for filing and handling complaints, including clarification of the terms used for specific grounds for discipline; 6] revise and update the code of ethics for persons licensed and practicing in Maine; 7] update and clarify terms used in conjunction with fees assessed by the board.
EFFECTIVE DATE: August 30, 2000
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, ME 04333
PHONE NUMBER:(207) 624-9625


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 301, Amendment to Standard Offer Service Rule
ADOPTED RULE NUMBER: 2000-371
CONCISE SUMMARY: This rule establishes terms and conditions for standard offer service for electric generation, and establishes a methodology for selecting standard offer providers.
EFFECTIVE DATE: August 29, 2000
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


AGENCY: 94-457 - Finance Authority of Maine

CHAPTER NUMBER AND TITLE: Ch. 319, Maine Economic Development Venture Capital Revolving Investment Program
ADOPTED RULE NUMBER: 2000-373
CONCISE SUMMARY: This rule establishes the procedures and standards applicable to the Maine Venture Capital Revolving Investment Program, pursuant to which the Authority may make investments in eligible private venture capital funds.

CHAPTER NUMBER AND TITLE: Ch. 311, Amendment 2 - Economic Recovery Program
ADOPTED RULE NUMBER: 2000-374
CONCISE SUMMARY: The rule amendment is necessary to implement program modifications made in P.L. 1999, Ch. 731 Sections VVV-4 through VVV-6, allowing the Authority to establish payment terms which include payments in the form of royalties or otherwise based on the success of a business receiving financial assistance.

CHAPTER NUMBER AND TITLE: Ch. 602, Amendment 2 - Maine Guaranteed Student Loan Program
ADOPTED RULE NUMBER: 2000-377
CONCISE SUMMARY: This rule adopts the Common manual, which establishes industry standard procedures and policies for the administration of the Guaranteed Student Loan Program. The rule establishes separate policies with regard to Consolidation Loans and some procedures in the event of a default or bankruptcy.

EFFECTIVE DATE: August 30, 2000
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE:
(207) 623-3263 (Voice)
(207) 626-2715 TDD)


AGENCY: 94-457 - Finance Authority of Maine

CHAPTER NUMBER AND TITLE: Ch. 1, Amendment 4 - By-Laws and Administration
ADOPTED RULE NUMBER: 2000-372
CONCISE SUMMARY: The Amendment clarifies that Board members are eligible for tax credits for investments made under the Maine Seed Capital Tax Credit Program which is in part administered by the Authority, so long as the member abstains from involvement, the eligibility is reviewed by an independent party outside the Agency, and the credit certificate is issued only after an affirmative vote of a majority of the disinterested Board members.

CHAPTER NUMBER AND TITLE: Ch. 608, Amendment 2 - Tuition Waiver Program
ADOPTED RULE NUMBER: 2000-375
CONCISE SUMMARY: This amendment deletes the requirement that eligible foster children demonstrate "unmet need" to obtain a tuition waiver in accordance with changes made by PL 2000, Ch. 774.

CHAPTER NUMBER AND TITLE: Ch. 610, Amendment 3 - Rules for the Conduct of the Educators for Maine Program
ADOPTED RULE NUMBER: 2000-378
CONCISE SUMMARY: This amendment incorporates speech pathologists as eligible to participate under the program and adds the terms and conditions under which students pursuing child development associate certification or an associates degree in child development are eligible.

CHAPTER NUMBER AND TITLE: Ch. 613, Amendment 1 - The Quality Child Care Education Scholarship Program
ADOPTED RULE NUMBER: 2000-376
CONCISE SUMMARY: This amendment is necessary to expand the definition. of eligible institution to include institutions with articulated agreements with one or more institutions of higher education in accordance with changes made by P.L. 2000, Ch. 783, Section 1.

EFFECTIVE DATE: Augusta 30, 2000
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE:
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping

CHAPTER SECTION: 4.05, Moose Hunting
ADOPTED RULE NUMBER: 2000-379
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule establishing the framework for the annual moose hunting season as well as other minor changes. The framework and other amendments were adopted as proposed. Moose permit allocations will be established at a later date. A copy of the final rule may be obtained from the agency contact person.

CHAPTER SECTION: 4.02, Migratory Bird Hunting
ADOPTED RULE NUMBER: 2000-380
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 2000 Migratory Bird Hunting Season. During the Early Canada Goose Season a daily bag limit of 3 and possession limit of 6 were adopted rather than the daily bag limit of 5 and possession limit of 10 as proposed. The Regular Canada Goose season dates were adopted as follows to provide for a split in the south zone: Oct. 2-Oct. 14 and Nov. 6-Dec. 7. These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treaty Act. Detailed rules may be obtained from the Agency Contact Person and will also be available at License Agent locations throughout the State.

EFFECTIVE DATE: September 2, 2000
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, Maine 04333-0041
TELEPHONE: 287-5201


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. VIII Section 1, Cub Care
ADOPTED RULE NUMBER: 2000-381
CONCISE SUMMARY: These rule changes implement legislation passed by the 119th Legislature that (1) eliminates the prohibition on enrolling children less than age 1 in Cub Care and (2) adjusts the Cub Care premium schedule to establish new premium amounts for children between 185%-200% of the Federal Poverty Levels.
EFFECTIVE DATE: September3, 2000
AGENCY CONTACT PERSON: Linda Schumacher
AGENCY NAME: Department of Human Services, Bureau of Medical Services, Division of Policy & Programs
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE:
VOICE: (207) 624-5529 or 1-800-321-5557, option 1
TTY (Deaf/Hard of Hearing): (207) 287-1828 or 1-800-423-4331


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