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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 20, 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: 05-071 - Department of Education - State Board of Education
RULE TITLE OR SUBJECT: Ch. 13 and 15, Amendments to Qualifying Examinations for Teachers and Other Relevant Sections
PROPOSED RULE NUMBER: 2000-P112
CONCISE SUMMARY: The Educational Testing Service (ETS) no longer offers the Core Battery of the National Teachers Examination, which was the qualifying examination for teachers requiring a baccalaureate degree in Maine prior to September 1, 2000. Pursuant to statutory changes, the proposed rule reflects that applicants requiring a baccalaureate degree will need to achieve qualifying scores in the basic skill areas of reading, writing, and mathematics in order to be eligible for a provisional teacher certification in Maine. The Pre-Professional Skills Test (PPST) and the PRAXIS I Computer-Based Tests will replace the NTE for applicants requiring a baccalaureate degree. The PPST and the PRAXIS I Computer-Based Tests are currently used for applicants not requiring a baccalaureate degree. The minimum qualifying scores differ. This notice of a substantial change specifically reflects the inclusion of the PRAXIS I Computer-Based Tests for applicants requiring a baccalaureate degree, which is being proposed pursuant to comments received following the July 17, 2000 public hearing on the Qualifying Examinations for Teachers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 13011(1), 13032 et seq.
PUBLIC HEARING: A hearing was held July 17, 2000.
DEADLINE FOR COMMENTS: Thirty (30) days after the notice of publication.
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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 2000-P207
CONCISE SUMMARY: For Food Stamp purposes, all households will need to have a face to face interview at least once a year unless the household members have no earned income, and are all elderly or receiving Supplemental Security Income (SSI) or Social Security Disability Income (SSDI). There are reasons for granting good cause for not having a face to face interview.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: October 13, 2000.
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 323, Maine General Assistance Manual
PROPOSED RULE NUMBER: 2000-P208
CONCISE SUMMARY: This rule clarifies policy, aligns pages, and cross references with 22 MRSA.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 4301 through 4323
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: October 20, 2000
AGENCY CONTACT PERSON: Cynthia Boyd, General Assistance Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-3654
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 15, Chiropractic Services
PROPOSED RULE NUMBER: 2000-P209
CONCISE SUMMARY: Changes in the proposed rule will correct an error in the allowed reimbursement rate for chiropractic x rays, and, effective October 1, 2000, will increase the Medicaid payment rate for chiropractic manipulation pursuant to Resolve 1999, Chapter 76, Section A-1.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: October 10, 2000, 1:00 p.m.
Location: Department of Human Services, 1st floor Conference Room, 35 Anthony Avenue, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before September 29, 2000.
DEADLINE FOR COMMENTS: October 20, 2000
AGENCY CONTACT PERSON: Robert E. Gross, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5528
TTY: 1-800-423-4331 or 207-287-1828 (Deaf or Hard of Hearing)


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 266, Amendment to Hemlock Woolly Adelgid Quarantine
PROPOSED RULE NUMBER: 2000-P210
CONCISE SUMMARY: This proposed rule modifies the existing Hemlock Woolly Adelgid quarantine by prohibiting the importation of hemlock nursery stock from quarantined areas. It requires that a certificate from a plant regulatory official in the state of origin be FAXED to the Division of Plant Industry, upon issuance, for hemlock nursery stock from non-quarantined areas, attesting to the origin of the material and indicating the number of hemlock trees included in the shipment. It specifies conditions under which movement of hemlock nursery stock through quarantined areas can occur. It includes uncomposted bark as a regulated article. It requires that hemlock logs, lumber with bark, chips, and uncomposted bark from quarantined and non-quarantined areas may only be imported to sites in Maine that are pre-approved by the Maine Forest Service. It specifies a penalty for violating the provisions of the quarantine.
TIHS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2301-2303
PUBLIC HEARING: October 10, 2000 starting at 2:00 p.m. at the Augusta Elks Lodge, Civic Center Drive, Augusta, Maine.
DEADLINE FOR COMMENTS: October 20, 2000
AGENCY CONTACT PERSON: Terry L. Bourgoin, Director
AGENCY NAME: Division of Plant Industry
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: 207-287-3891


AGENCY: 90-351 - Workers' Compensation Board

RULE TITLE OR SUBJECT: Ch. 3, Form Filing
PROPOSED RULE NUMBER: 2000-P211
CONCISE SUMMARY: This rule defines a day for purposes of filing a First Report of Injury.
STATUTORY AUTHORITY: 39-A MRSA 152(2), 303
PUBLIC HEARING: Thursday, October 19, 2000, 9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta

RULE TITLE OR SUBJECT: Ch. 8, Procedures for Payment, Sections 1, 8, & 16
PROPOSED RULE NUMBER: 2000-P212
CONCISE SUMMARY: This rule defines when a Statement of Compensation Form must be filed; how to calculate partial incapacity pursuant to 39-A MRSA 214; and mandates the filing of an amended First Report of Injury when an employee suffers an injury causing a day or more of lost time that does not result in the filing of a Notice of Controversy or Memorandum of Payment.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A MRSA 152(2), 214, 357
PUBLIC HEARING Thursday, October 19, 2000, 9:30 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR COMMENTS: Monday, October 30, 2000, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: 207-287-7094


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 2000-390
CONCISE SUMMARY: This rule clarifies that categorical eligibility for Food Stamps includes all Food Stamp households which are authorized to receive benefits or services paid with Temporary Assistance for Needy Families (TANF) funds. This includes all households with a dependent child eighteen (18) and younger, or if eighteen (18) in school full time. These households will no longer have to meet certain guidelines for Food Stamps including asset limits and gross and net income limits.
EFFECTIVE DATE: September 13, 2000
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
RULE TITLE OR SUBJECT: Ch. 2, Rules and Regulations for the Allagash Wilderness Waterway
PROPOSED RULE NUMBER: 2000-393
CONCISE SUMMARY: The rules for the Allagash Wilderness Waterway are being amended to:
* rephrase certain rules to increase clarity and eliminate redundancy
* reorganize rules to provide a more logical grouping by subject
* change bureau name to that resulting from consolidation in 1995
* incorporate changes and additions pursuant to the policies of the Allagash Wilderness Waterway Management Plan, adopted in January 1999.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 1883
EFFECTIVE DATE: September 17, 2000
AGENCY CONTACT PERSON: Herb Hartman
AGENCY NAME: Bureau of Parks and Lands
ADDRESS: State House Station 22, Augusta, ME. 4333
TELEPHONE: 287-4961


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