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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 26, 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: 14-197 - Department of Mental Health, Mental Retardation and Substance Abuse Services
RULE TITLE OR SUBJECT: Ch. (New), Rule Describing Grievance and Appeals Procedures for Persons with Mental Retardation
PROPOSED RULE NUMBER: 2001-P227
CONCISE SUMMARY: This rule has as its purpose, to clarify and formalize the process by which persons with mental retardation and autism, who are receiving services or supports from the Department, can seek to enforce their rights or process their grievances.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITEES.
STATUTORY AUTHORITY: 34-B MRSA 1203(4)
PUBLIC HEARING): October 17, 2001, 2-4 p.m., Conference Room 1, 2nd floor, Central Office, Marquardt Building, East Campus, Augusta, ME 04333
DEADLINE FOR COMMENTS: October 29, 2001
AGENCY CONTACT PERSON: Nancy Christensen
AGENCY NAME: Department of Mental Health, Mental Retardation and Substance Abuse Services ADDRESS: 40 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7368
TTY: (207) 287-2000


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Updated List of Exempt Geographic Areas for Work Registration and Waived Areas for the Three (3) Month Time Limited Rule for ABAWDS and Funding Source for Hmong and Highland Laotians
PROPOSED RULE NUMBER: 2001-P231
CONCISE SUMMARY: Food stamp applicants and recipients, who live in Sanford, will no longer be exempt from work registration and the three (3) month time limited eligibility rules due to geographic area. The unemployment rate in Sanford, during the previous twenty four (24) months, the last two (2) fiscal years or the past two (2) calendar years, no longer meets the exemption criteria of being at least twenty (20) percent higher than the national average. This rule also corrects an omission from previous policy. Certain Hmong and Highland Laotians are eligible for federal benefits.
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 26, 2001
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: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 602, Procedures for Contract Awards
PROPOSED RULE NUMBER: 2001-P232
CONCISE SUMMARY: This chapter outlines the policy of the Maine State Retirement System in selecting a contractor to provide services to the System and the procedures that may be used by the MSRS in the selection process. This chapter also defines the procedures and requirements in the event of an appeal of a contract award decision. This rule is being re-noticed as the hearing scheduled for September 13, 2001, was not held.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALTTIES.
STATUTORY Authority: 5 MRSA 17103
PUBLIC HEARING: October 17, 2001, 9:35 a.m., Maine State Retirement System, Two Monument Square, 6th Floor, Portland, Maine
DEADLINE FOR COMMENTS: October 29, 2001
AGENCY CONTACT PERSON: Gail Drake Wright, Chief Deputy
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 287-3461 or 1 (800) 451-9800


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT:
Ch. 305, Permit by Rule Standards
Ch. 310, Wetland Protection Rules
PROPOSED RULE NUMBER: 2001-P233
CONCISE SUMMARY: The department is proposing amendments to Ch. 305 Permit by Rule Standards and Ch. 310 Wetland Protection Rules in response to a legislative resolve of the Second Regular Session of the 119th Legislature that directed the department and the Land Use Regulation Commission to adopt consistent rules regarding the cutting and removal of vegetation adjacent to protected natural resources.
The department has developed possible amendments to the Natural Resources Protection Act that would regulate the clearing and removal of vegetation for development purposes adjacent to protected natural resources. While these proposed law changes are not part of this rule making, they are the basis for the proposed rule amendments.
The proposed amendments to Ch. 305 Permit by Rule Standards (PBR) primarily involve Section 2 "Soil Disturbance" and include a requirement that applicants submit plans with the PBR Notification Form that demonstrate a need to clear or remove vegetation or otherwise develop the areas within 75 feet of protected natural resources.
The proposed amendments to Ch. 310 Wetland Protection Rules add "rivers, streams and, brooks" as protected natural resources subject to the rule. This chapter is applicable to some projects affecting freshwater wetlands and most projects needing a full or individual permit from the department.
Concurrently, the Land Use Regulation Commission (LURC) is seeking public comment on proposed amendments to its clearing for development standards, and related changes to its standards for mineral exploration and extraction, filling and grading, and timber harvesting, all of which are located. in Section 10.17 of LURC rules. The LURC rule changes are tentatively scheduled for public hearing on Wednesday, October 17, 2001, in Greenville. Persons interested in those proposed changes should contact Fred Todd at LURC at (207) 287-4932 or e-mail address fred.todd@maine.gov.
These rule amendments are deemed to be major substantive rules and will require legislative approval prior to final adoption.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 341-D(1) and 480-H
PUBLIC HEARING: Thursday, October 18, 2001, at 1:30 p.m., Augusta Civic Center, 79 Community Drive, Augusta, ME 04330
DEADLINE FOR COMMENTS: 5:00 p.m. on November 2, 2001: Comments may be submitted by. mail at the address below, by fax at (207) 287-7191, or by e-mail at Mike.Mullen@maine.gov
AGENCY CONTACT PERSON: Mike Mullen
AGENCY NAME: Department of Environmental Protection
ADDRESS: Bureau of Land & Water Quality, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4728


AGENCY: 04-061, Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Ch. 10, Clearing of Vegetation
PROPOSED RULE NUMBER: 2001-P234
CONCISE SUMMARY: The Maine Land Use Regulation Commission is seeking public comment on proposed amendments to its clearing for development standards, Section 10.17,A(2) and related changes to its standards for mineral exploration and extraction (Section 10.17,A(3)), filling and grading (Section 10.17,A(6)) and timber harvesting (Section 10.17,A(5)). The purpose of these proposed rules changes is principally to respond to a legislative resolve of the Second Regular Session of the 119th Legislature that directed the Land Use Regulation Commission and the Department of Environmental Protection to adopt consistent rules regarding the cutting and removal of vegetation adjacent to protected resources. The Commission is further proposing to amend other rules that are inconsistent with the clearing standards.
Concurrently, the Department of Environmental Protection is proposing revisions to the Natural Resources Protection Act and rules to make those provisions consistent with changes proposed by the Commission and current provisions of the Shoreland Zoning Act and guidelines. The DEP statutory and rule changes are tentatively scheduled for public hearing on Thursday, October 18, 2001, in Augusta. Persons interested in those proposed changes should contact Mike Mullen at the Department of Environmental Protection at (207) 287-4728 or e-mail mike.mullen@maine.gov.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 685-A, Subsection 8 and Ch. 116, Resolves of the 2nd Regular Session of the 119th Legislature.
PUBLIC HEARING: Wednesday, October 17, 2001; 6:00 p.m., Greenville Community House, Lakeview Drive, Greenville, Maine
DEADLINE FOR COMMENTS: Comments due by Monday, October 29, 2001. Rebuttal comments due by Monday, November 5, 2001
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, 22 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-4932
E-MAIL: fred.todd@maine.gov


AGENCY: 02-380 - Maine State Board of Nursing
RULE TITLE OR SUBJECT: Ch. 5, Regulations Relating to Training Programs and Delegation by Registered Professional Nurses of Selected Nursing Tasks to Certified Nursing Assistants
PROPOSED RULE NUMBER: 2001-P235
CONCISE SUMMARY The proposed amendment will allow home health aides, when delegated by a licensed nurse, to assist in administration of medications in certain home health care situations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 2102.2, 2153-A
PUBLIC HEARING: October 18, 2001, 3:00 p.m., Maine State Board of Nursing, 24 Stone Street, Augusta, Maine
DEADLINE FOR COMMENTS: October 28, 2001
AGENCY CONTACT PERSON: Virginia E. DeLorimier
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone Street, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133


AGENCY: 90-564 - Fund Insurance Review Board
RULE TITLE OR SUBJECT: Ch. 4, Oil Import Fees
PROPOSED RULE NUMBER: 2001-P236
CONCISE SUMMARY: This rule amends current Ch. 4, Oil Import Fees, to make it conform to P.L. 2001, c.216, 3 (eff. 9/21/01). The legislation increases both the minimum balance required in the Ground Water Oil Clean-up Fund before the Fund Insurance Review Board may, implement rules increasing oil import fees, and the amount of the additional fee per barrel that may be assessed. The legislation also increases the amount of the fund balance required to terminate any increased fee.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 568-B(2)(D) and 569-A(5)(E), as enacted by P.L. 1995, c. 399, 8 and 11 (eff. 6/30/95), as amended by P.L. 2001, c. 216, 3 (eff. 9/21/01).
PUBLIC HEARING: No public hearing will be held.
DEADLINE FOR COMMENTS: October 26, 2001
AGENCY CONTACT PERSON: Veronica Costa
AGENCY NAME: Fund Insurance Review Board
ADDRESS: c/o Finance Authority of Maine P.O. Box 949, Augusta, Maine 04332
TELEPHONE: 1 (800) 228-3734


AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 12, Rules Relating to Equal Pay
PROPOSED RULE NUMBER: 2001-P237
CONCISE SUMMARY: These rules provide definitions and procedures for enforcement of the equal pay provisions of Maine Labor Law; 26 MRSA Section 628.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA 42 and 1997 Resolves, Ch. 43
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 26, 2001
AGENCY CONTACT PERSON: Michael V. Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6400,


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 611, Maine College Savings Program
PROPOSED RULE NUMBER: 2001-P238
CONCISE SUMMARY: The proposed rule amendment implements the matching grant, fee reduction, and scholarship programs for Maine Program participants and beneficiaries. Additional changes are proposed to conform with federal tax code change requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 961, P.L. 1999, Ch. 496, 20-A MRSA Ch. 426
PUBLIC HEARING: 11:00 a.m., October 18, 2001, Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before October 18, 2001, but will be accepted on or before October 26, 2001. Oral or written comments may be presented at the hearing.
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)
TDD: (207) 626-2715
FAX: (207) 623-0095


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 115, Principles of Reimbursement for Residential Care Facilities - Room and Board Costs
ADOPTED RULE NUMBER: 2001-399
CONCISE SUMMARY: This rule removes provisions related to Medicaid covered services. All Medicaid covered services were moved to MMAM, Section 97. The routine services section of Ch. 115 was also amended to create facility-specific routine caps subject to a new upper limit. Other changes include rebasing routine costs, creating an offset of routine costs by the amount of a Program Allowance paid by the Medicaid program.
EFFECTIVE DATE: September 20, 2001
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
FAX: (207) 624-5524
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, Maine Medical Assistance Manual (MMAM), Ch. II and III, Section 97, Private Non-Medical Institutions, and in Ch. III, Appendices B, C, D, E, and F.
ADOPTED RULE NUMBER: 2001-400
CONCISE SUMMARY: Changes in Ch. II and III are primarily editorial in nature. Changes in appendices B, D, and E, which cover PNMI's for Substance Abuse Facilities, Child Care Facilities, and Community Residences for Persons With Mental Illness, include, but are not limited, to substantive changes in rate setting methodology and calculation of program allowance. Appendix C is repealed and replaced. Appendix C implements a Case Mix pricing methodology for reimbursing medical and remedial PNMI's. Appendix F is repealed and replaced, and covers those medical and remedial PNMI's not included in Appendix C.
EFFECTIVE DATE: September 20, 2001
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
FAX (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 910, Safety of Overhead Utility Lines Crossing Water and Adjacent Areas Suitable for Rigging, Launching, and Operating Boats
ADOPTED RULE NUMBER: 2001-401
CONCISE SUMMARY: This rule establishes safety requirements for overhead utility lines crossing areas of water and adjacent rigging and launching areas where boats may come in contact with overhead lines.
EFFECTIVE DATE: September 19, 2001
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-1396


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 375, No Adverse Environmental Effect Standard of the Site Location Law, Ch. 375.9, Buffer Strips.
ADOPTED RULE NUMBER: 2001-402
CONCISE SUMMARY: To ensure consistency between regulatory programs, the proposed rule eliminates the discrepancies between gravel pit performance standards. Specifically, the rule repeals the gravel pit buffer standards required under the Site Location Law and replaces them with the buffer standards contained in the Performance Standards for Excavations, 38 MRSA 490-D.
EFFECTIVE DATE: September 22, 2001
AGENCY CONTACT PERSON: Mark Stebbins
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7810


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE:
Ch. 100, Definitions Regulation (Amendments)
Ch. 115, Major and Minor Source Air Emission License Regulations(Amendments)
Ch. 140, Part 70 Air Emission License Regulations(Amendments)
ADOPTED RULE NUMBER: 2001-403 to 2001-405
CONCISE SUMMARY: The Department has amended Ch. 100, 115 and 140 of the Department's regulations to address remaining requirements for federal approval of Maine's Title V Operating Permit Program. These changes include enhancing EPA and public participation review process for minor license revisions, incorporating provisions in Ch. 140 whereby a facility may mak e changes with a simple 7-day advance notice if the changes do not result in an increase in emissions, removing. certain activities from the list of insignificant (exempt) activities contained in Appendix B to Ch. 115 and Ch. 140, incorporating the latest federal air quality modeling requirements, and amending the Ch. 100 definitions to include definitions consistent with federal requirements for the construction or reconstruction of hazardous air pollutant (HAP) sources and maximum available control technology (MACT) determinations. The amendments also establish provisions in Ch. 115 and Ch. 140 requiring an applicant to notify federal land managers of all major modifications or new major source license applications and provide at least 30 days for comment.
EFFECTIVE DATE: September 22, 2001
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 96, Private Duty Nursing & Personal Care Services
ADOPTED RULE NUMBER: 2001-406
CONCISE SUMMARY: The final rules increase Ch. III, Section 96 rates of reimbursement for Certified Nursing Assistant, Home Health Aide and Personal Care Assistant Services.
EFFECTIVE DATE: September 28, 2001
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Policy Development ADDRESS: 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5519 or 1 (800) 321-5557 option 1
DEAF/HARD OF HEARING: TTY# 287-1828 or TTY# 1 (800) 423-4331


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