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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

September 12, 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: 14-118 - Department of Mental Health, Mental Retardation, and Substance Abuse Services, Office of Substance Abuse, Driver Education and Evaluation Programs
RULE TITLE OR SUBJECT: Ch. 2, Driver Education and Evaluation Programs Procedure Manual
PROPOSED RULE NUMBER: 2001-P217
CONCISE SUMMARY: The rules, which will be adopted through the repeal and replacement option, are being proposed to replace the rules adopted as emergency, effective August 14, 2001. The proposed replacement rules will:
1) establish additional definitions and repeal others;
2) establish qualifications for DEEP program instructors and the program administrator;
3) require adult first offenders with an OUI without aggravating factors to attend a program requiring evaluation and/or treatment, when appropriate;
4) establish new program requirements, content, and/or fees for offenders under 21 years of age at the time of the offense, offenders under 21 years of age at the time of the offense who have attained 21 years of age when registering for a program, adult first offenders, and all multiple offenders;
5) change requirements of insurance programs, fire inspections and compliance with city/town ordinances or zoning for DEEP private providers;
6) require detailed documentation of the evaluation process;
7) establish a no-show fee for the DEEP programs;
8) establish a non-refundable administrative fee for the "Completion of Treatment" program, and-out-of-state and military programs;
9) establish a limit to the number of sessions that can be requested in an extension of treatment justification; and
10) change a recommended time line for completion of treatment within the Completion of Treatment Guidelines.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA c. 521, sub-ch. 1; 5 MRSA c. 521, sub-ch. 5, 20072, 20073-B, 20074, 20075, 20076, and 20078-A
PUBLIC HEARING: Thursday, October 4, 2001, 9:00 a.m. - 12:00 noon, Office of Substance Abuse - Large Conference Room, Marquardt Building - Third Floor - AMHI Complex, 159 State House Station, Augusta, ME
DEADLINE FOR COMMENTS: 5:00 p.m. Monday, October 15, 2001
AGENCY CONTACT PERSON: Linwood K. Oakes, Sr., Certification & Policy Specialist
AGENCY NAME: Office of Substance Abuse, DEEP
ADDRESS: Marquardt Building, AMHI Complex, 3rd Floor, 159 State House Station, Augusta, ME 04333-0159
TELEPHONE: (207) 287-2595
TTY: (207) 287-4475 or 1 (800) 215-7604


AGENCY: 02-041 - Department of Professional & Financial Regulation, Office of Licensing & Registration
RULE TITLE OR SUBJECT: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2001-P218
CONCISE SUMMARY: This amendment adjusts fees for ten licensing boards within the Office of Licensing & Registration. The affected programs are: the Board of Accountancy; the Athletic Commission; the Board of Licensing of Auctioneers; the Board of Elevator and Tramway Safety; the State Board of Licensure of Foresters; the Board of Hearing Aid Dealers and Fitters; the Nursing Home Administrators Licensing Board; the Board of Pharmacy; the Plumbers' Examining Board; and the State Board of Examiners of Psychologists. The proposed amendment lowers license fees of the Board of Accountancy, lowers permit and inspection fees of the Board of Elevator and Tramway Safety, increases license fees of the Board of Elevator and Tramway Safety, and increases license fees of the other programs listed above.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 10 MRSA 8003(2-A)(D),(E)
PUBLIC HEARING: October 1, 2001, 1:00 p.m., Central Conference Room, Department of Professional & Financial Regulation, 122 Northern Ave., Gardiner, Maine 04345
DEADLINE FOR WRITTEN COMMENTS: October 11, 2001
AGENCY CONTACT PERSON:
NAME: Jeffrey Frankel, Staff Attorney
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8615


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - 12 Month Continuous Coverage for Children Through Age 18
PROPOSED RULE NUMBER: 2001-P219
CONCISE SUMMARY: This rule says that once a child under age 19 is determined eligible for Maine Medicaid or Cub Care, their coverage continues for 12 months or until they reach age 19 regardless of any change in family income or circumstances. This replaces the current rule, which provides for 6 months of continuous coverage.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: October 12, 2001
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Amendment to Ch. 50, Record Keeping & Reporting Requirements
PROPOSED RULE NUMBER: 2001-P220
CONCISE SUMMARY: In 1997, the Maine Legislature revised the reporting requirement for general use pesticide dealers so that only persons who distribute the products to licensed general use pesticide dealers in the state are responsible for submitting an annual report to the Board. Prior to this action, all limited and restricted use pesticide dealers were required to report their general use pesticide sales directly to the Board. Since a legislative change in 1997, some of the agricultural and industrial pesticide dealers have ceased reporting their general use pesticide sales. To assure that information on large quantity sales is collected, the Board is proposing an amendment to clarify that all limited and restricted use pesticide dealers must report all pesticide sales. This will facilitate compliance with P.L. 2001, c. 355 requiring the Board to report to the Legislature on both total pesticide sales and sector of use whenever possible.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8051 et seq., and 22 MRSA, 1471-G, M and R.
PUBLIC HEARING: None Scheduled; one may be requested.
DEADLINE FOR COMMENTS: 4:00 p.m. on Monday, October 15, 2001
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731
FAX: (207) 287- 7548
EMAIL: robert.batteese@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/rules.htm


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4 (4.02), Migratory Bird Hunting
ADOPTED RULE NUMBER: 2001-389
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 2001 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 4, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, Maine 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE:
Ch. 24.21(I) Emergency - Special Salmonid Fish Health Inspection Regulations Relating to ISAV, and
Ch. 24.21(J) Emergency - Restrictions on Vessel & Equipment Movement
ADOPTED RULE NUMBER: 2001-390
CONCISE SUMMARY: The Commissioner adopts these emergency regulations regarding surveillance requirements for ISAV and the movement of vessels and equipment used in finfish aquaculture activities as necessary measures to prevent the spread of this disease to salmonids. The regulations define the affected area, require mandatory ISAV surveillance, specify the testing procedures to confirm ISAV, stipulate chain of custody, sampling requirements, responsible inspectors, restrict finfish aquaculture vessel and equipment movement, and stipulate remedial action upon detection of ISAV.
EFFECTIVE DATE: Monday, September 10, 2001
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0000
TELEPHONE: (207) 633-9584


AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
CHAPTER NUMBER AND TITLE: Ch. 11, Late Renewals
ADOPTED RULE: 2001-391
CONCISE SUMMARY: This chapter establishes a uniform policy governing late renewal of professional and occupational licenses issued by the licensing boards and regulatory functions within the Office of Licensing and Registration. Licensees who renew after expiration of the license and within 90 days of expiration are required to pay a late renewal fee of $50, but will not be subject to disciplinary action for any unlicensed practice that they may have engaged in during the period of nonlicensure. Licensees who attempt to renew more than 90 days after expiration are subject to applicable administrative and judicial penalties for all unlicensed practice that occurred subsequent to expiration, and to applicable statutory provisions relating to late renewal.
EFFECTIVE DATE: September 7, 2001
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney, Department of Professional and Financial Regulation
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-8615


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