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September 9, 1998
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: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 803, Withholding Tax Reports and Payments
PROPOSED RULE NUMBER: 98-P139 (Reopened)
CONCISE SUMMARY: Rule 803 is being amended: 1) to respond to a change in Federal withholding allowances related to the new credit for each minor child; 2) to require employers to keep a copy of the Personal Allowances Worksheet for the federal Form W-4 in the employer's payroll files; 3) to add a provision for the "Personal Withholding Exemption Variance Certificate" to be obtained from the State by an employee who wants to claim a number of withholding allowances for Maine tax purposes that exceeds the number of federal allowances claimed; and 4) to change references to "State Tax Assessor" to "Executive Director."
THIS RULE NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: Title 36 M.R.S.A. 112
PUBLIC HEARING: September 29, 1998 at 2:00 p.m., State Office Building, Room 122, Augusta, Maine
DEADLINE FOR COMMENTS: October 9, 1998
AGENCY CONTACT PERSON: Anthony P. Gould, Tax Section Manage, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 626-8460

AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services, Division of Vocational Rehabilitation
RULE TITLE OR SUBJECT:
Ch. 10, Hearing Impaired Children's Program
Ch. 11, Hearing Aid lending Program for the Elderly
Ch. 12, Telecommunication Devices for People with Disabilities
PROPOSED RULE NUMBER: 98-P189
CONCISE SUMMARY:
1. To repeal Hearing Impaired Children's' Program Rules -- the program was transferred to DOE.
2. To repeal Hearing Aid Lending Program Rules -- the program was discontinued in 1986.
3. To expand the TTY program's provision of adaptive telephone equipment to all people with disabilities.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 1411-C
PUBLIC HEARING: Sept. 30, 1998, 1:00 - 3:00 p.m., Rehabilitation Large Conference Room, Bureau of Rehabilitation Services, 35 Anthony Avenue, Augusta, ME 04333-0150, (207) 624-5320
DEADLINE FOR COMMENTS: October 12, 1998
AGENCY CONTACT PERSON: Alice Crandall Johnson
AGENCY NAME: Bureau of Rehabilitation Services
ADDRESS: 35 Anthony Avenue, Augusta, Maine 04333-0150
TELEPHONE: (207) 624-5320
TTY: 1-800-332-1003


AGENCY: 05-071 - Department of Education - State Board of Education
RULE TITLE OR SUBJECT: Ch. 115, Certification of Educational Personnel: Part 1, Section 26 entitled "Approval"; Section 27 entitled "Criminal History Record Check"
CONCISE SUMMARY: Chapter 115, Part 1, Sections 26 and 27, Approval and Criminal History Record Check, respectively, are new. The following sections in Chapter 115 are being amended: 2.1, 14.9, 14.10, 14.11, 14.12, and 7.4. These changes will assist in the implementation of the legislation requiring state and national criminal history record checks for all educational personnel. Fingerprinting will be required. Clarification about approval/authorization is also proposed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A M.R.S.A. 13011(1), 6103 and 13011(8)
PUBLIC HEARING: September 28, 1998, from 2:00 to 4:00 p.m. in room 113 of the State Office Building, State House Complex, Augusta, Maine.
DEADLINE FOR COMMENTS: October 30, 1998
AGENCY CONTACT PERSON: Nancy T. lbarguen
AGENCY NAME: Department of Education
ADDRESS: Certification Office, 23 State House Station, Augusta, ME 04333-0023
PHONE NUMBER: 207-287-5944
TDD 207-287-2550


AGENCY: Department of Professional & Financial Regulation:
02-373 - Board of Licensure in Medicine
02-383 - Board of Osteopathic Licensure
RULE TITLE OR SUBJECT: Ch. 11, Use of Controlled Substances for Treatment of Pain
PROPOSED RULE NUMBER: 98-P191
CONCISE SUMMARY: The Boards adopt these rules to clarify their positions on pain control and prescribing, specifically related to the use of controlled substances, to alleviate physician uncertainty and to encourage better pain management.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 3269(7); 3270-A, B & C, and 32 MRSA 2562 & 2594-C
PUBLIC HEARING: Thursday, October 1, 1998, 9:30 a.m. - 11:30 a.m. Lower Level Conference Room, Two Bangor Street, Bangor, ME 04401
DEADLINE FOR COMMENTS: October 15, 1998
AGENCY CONTACT PERSON: Randal C. Manning, Executive Director
AGENCY NAME: Board of Licensure in Medicine
ADDRESS: 137 State House Station, Two Bangor Street, Augusta, ME 04333-0137
TELEPHONE: 207/287-3601


AGENCY: 94-434 - Maine Educational Loan Authority (MELA)
RULE TITLE OR SUBJECT: Ch. 1, Maine Educational Loan Authority Loan Program; Supplemental Educational Loan Program
PROPOSED RULE NUMBER: 98-P192
CONCISE SUMMARY: This amendment to Chapter 1 adds a new section to the Supplemental Educational Loan Program that allows the Agency to develop a loan program for eligible medical students.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 1417(1)(N), (3)
PUBLIC HEARING; None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 11, 1998
AGENCY CONTACT PERSON: Richard H. Pierce
AGENCY NAME: Maine Educational Loan Authority
ADDRESS: Two City Center, Portland, Maine 04101
TELEPHONE: (207) 791-3600


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4 (4.02), Migratory Bird Hunting
ADOPTED RULE NUMBER: 98-370
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing season dates, daily limits and possession limits on seaducks, ducks, geese and other migratory game birds for the 1998 Migratory Bird Hunting Season. 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 1, 1998
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, Maine 04333-0041
TELEPHONE: 287-5201.


AGENCY: 03-201 - Department of Corrections

CHAPTER NUMBER AND TITLE: Ch. 10, Subsection 15.1: Policy and Procedures Manual - Prisoner Disciplinary Procedures
ADOPTED RULE NUMBER: 98-371
CONCISE SUMMARY: This amendment clarifies the existing procedures, addresses the graduated sanctions of the Drug and Alcohol Testing of Adult Clients, and includes infractions to the rules of conduct pertaining to DNA Blood Sample, Spitting, Exposure, Throwing Body Fluid and Gang Affiliation

CHAPTER NUMBER AND TITLE: Ch. 10, Subsection 9.15: Policy and Procedures Manual - Drug and Alcohol Testing of Adult Clients
ADOPTED RULE NUMBER: 98-372
CONCISE SUMMARY: This amendment provides updated Policy and Procedures that will enable the Department of Corrections to use the latest technology that has been developed in the field of drug and alcohol testing.

EFFECTIVE DATE: August 28, 1998
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station Ill Augusta, ME 04333-0111
TELEPHONE: (207)287-4342


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