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Weekly Rulemaking Notices Contact Us Find It

September 18, 2002
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: 09-137 - Department of Inland Fisheries & Wildlife

RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Open and Closed Areas - Deer Hunting
PROPOSED RULE NUMBER: 2002-P233
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing to adopt a rule opening the Drakes Island and Wells Sanctuaries to deer hunting with archery equipment by permit only as authorized by landowners. Multiple permits may be issued. Permits will designate timing and any other special conditions considered necessary. A complete copy of the proposal may be obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA 7035 and 7653

RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping - 4.06, Wild Turkey Hunting Season
PROPOSED RULE NUMBER: 2002-P234
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule amending the wild turkey hunting season as follows establishing the dates for the split season to occur as follows: Season A: April 28 - May 3, 2003 and May 19 - May 24, 2003; Season B: May 5 - May 10, 2003 and May 12 - May 17, 2003; All hunters: May 26 - May 31, 2003. (Permittees who have not taken a turkey during their designated season will be allowed to hunt during the last week of the season). The rule also increases the number of permits from 9,000 to 12,000 (6,000 each Season A and 6,000 in Season B). A detailed copy of the proposed rule may be obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA, 7035, 7468

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 18, 2002
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Land Use Guidance Maps for Portions of Aroostook
County
PROPOSED RULE NUMBER: 2002-P234
CONCISE SUMMARY: The Maine Land Use Regulation Commission will hold a public hearing on October 8, 2002, in Presque Isle, Maine, on updated land use guidance (zoning) maps for townships and plantations in Aroostook County. These map updates are the result of redrafting the Commission's current land use district boundaries onto new base maps compiled from the new 7.5 minute U.S. Geological Survey (USGS) map series. Any changes in zoning resulting from this redrafting process are due to (1) improved resolution and accuracy of the 7.5 minute map series such that, for example, the mapped location of streams and shape of steep slope zones may change; (2) addition of the new wetland zones which were identified within the revised wetland protection rules adopted by the Commission in November 1997; or (3) correction of any errors. Proposals for other changes in zoning will not be considered during this process but rather will be considered through the customary filing of a rezoning petition with the Commission.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 685-A, Subsection 8-B
PUBLIC HEARING: Tuesday, October 8, 2002, at the Northern Maine Technical College, Christie Building Lecture Hall, 33 Edgecomb Drive, Presque Isle, Maine. The public hearing will begin at 6:30 p.m. Staff will be available at 5:00 p.m. on this same date and place to answer any questions about the draft maps.
DEADLINE FOR COMMENTS: The hearing record will remain open for a period of 10 days until Friday, October 18, 2002, to allow interested persons to file written statements with the Commission, and for an additional 7 days until Friday, October 25, 2002, to allow interested persons to file written statements in rebuttal of statements filed during the previous 10 day period. The record of the hearing will then close.
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, 22 State House Station, Augusta, Maine 04333
E-MAIL: fred.todd@maine.gov
TELEPHONE: (207) 287-4932


ADOPTIONS

AGENCY: 10-148 - Department of Human Services, Community Services Center, Division of Licensing
CHAPTER NUMBER AND TITLE: Ch. 32, Rules for the Licensing of Child Care Facilities (formerly Rules for the Licensing of Children's Day Care Centers)
ADOPTED RULE NUMBER: 2002-336
CONCISE SUMMARY: These adopted rules revise the Rules for the Licensing of Children's Day Care Facilities (effective July 1, 1998). Significant revisions have been made in the areas of fines and sanctions, program accessibility, staff ratios and group sizes.
EFFECTIVE DATE: November 12, 2002
AGENCY CONTACT PERSON: Robert Steinberg
AGENCY NAME: Community Services Center
ADDRESS: 221 State Street, Station #11, Augusta, ME 04333
TELEPHONE: (207) 287-5060
TDD: (207) 287-5048


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 65, Mental Health Services
ADOPTED RULE NUMBER: 2002-337
CONCISE SUMMARY: This emergency rule will avoid an immediate threat to public health safety and public welfare by meeting immediate needs of children who are eligible to for Children's Behavioral Health Services and comply with the Risinger Settlement Agreement. . Risinger et al. v. Concannon et al., U.S. District Court, Maine, Docket No. 00-CV-1 16-B-C, Order of Dismissal dated July 22, 2002, approving the Settlement Agreement dated April 29, 2002 required certain amendments to Section 65 to facilitate access to Children's Behavioral Health Services in a timely manner.
Eligibility for children's behavioral health services has been simplified, and minimum qualifications for Behavioral Specialist I's have been revised which will facilitate access to children's behavioral health services in a timely manner.
Concurrent with issuance of this emergency rule, the rule is being submitted through the proposed rule-making process.
EFFECTIVE DATE: September 5, 2002
AGENCY CONTACT PERSON: Marianne Ringel
AGENCY NAME: Division of Policy & Provider Services, Bureau of Medical Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9371
FAX (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III, Section 43, Hospice Services.
ADOPTED RULE NUMBER: 2002-338
CONCISE SUMMARY: Revisions to this rule included increased rates for routine home care as mandated by the Legislature, and clarification of how costs for ambulance service will be covered. Terminology changes including the change in the name of Maine Medicaid to MaineCare were made.
EFFECTIVE DATE: October 1, 2002
AGENCY CONTACT PERSON: Robert Gross, Medical Care Administrator
AGENCY NAME: MaineCare Division of Policy and Provider Services
ADDRESS: 11 State House Station 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9366
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 360, Requirements Applicable To Preferred Provider Arrangements
ADOPTED RULE NUMBER: 2002-339
CONCISE SUMMARY: The purpose of this Rule is to clarify the requirements applicable to preferred provider arrangements and to establish criteria for registration and approval of such arrangements. This Rule is promulgated by the Superintendent pursuant to 24-A MRSA 212 and 24-A MRSA Ch. 32 and 24-A MRSA Ch. 56-A, Subchapter 111, 4343.
EFFECTIVE DATE: September 15, 2002
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
Phone: (207)624-8460


AGENCY: 94-457 - Finance Authority of Maine

CHAPTER NUMBER AND TITLE: Ch. 314, Regional Economic Development Revolving Loan Program (Amendment 3)
ADOPTED RULE NUMBER: 2002-340
CONCISE SUMMARY: The Amendment is necessary to incorporate changes to the program mandated by PL 2002 Ch. 639, to increase the maximum disbursement to eligible economic development organizations and increase the fees such entities may charge for administrative costs.

CHAPTER NUMBER AND TITLE: Ch. 307, Maine Seed Capital Tax Credit Program, Amendment 5
ADOPTED RULE NUMBER: 2002-341
CONCISE SUMMARY: The changes made by this amendment are necessary to implement the statutory changes to the program made by PL 2002, Ch. 642, including, without limitation, allowing a 60% credit for investments in businesses in high unemployment areas, and requiring annual reporting by participating companies.

EFFECTIVE DATE: September 17, 2002
AGENCY CONTACT PERSON:
Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


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