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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

October 3, 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: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Revised Ch. 850, Health Plan Accountability
PROPOSED RULE NUMBER: 2001-P239
CONCISE SUMMARY: This rule establishes standards applicable to health maintenance organizations (HMOs), as defined by Ch. 56 of the Insurance Code, utilization review entities, as defined by Ch. 34 of the Insurance Code, and carriers as defined by Ch. 56-A of the Insurance Code. In the interest of consolidating standards applicable to carriers and adopting current National Association of Insurance Commissioners (NAIC) health plan accountability models, it repeals and replaces old Bureau of Insurance Rule Ch. 520, Medical Utilization Review Entities, and incorporates provisions of the NAIC Utilization Review Model Act, Health Carrier Grievance Procedure Model Act, and Health Care Professional Credentialing Verification Model Act. The 2001 Amendments to Revised Rule Ch. 850 reflect amendments to the Health Plan Improvement Act, Title 14-A, Ch. 56-A MRSA 4301 et cet.,
enacted by Public Law 1999, Ch. 742, An Act To establish a Patient's Bill of Rights.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A MRSA 2772, 2774, 4218, 4222-A and 4309.
PUBLIC HEARING: October 26,2001 at 9:00 a.m., Androscoggin Room, Department of Professional & Financial Regulation building, 124 Northern Avenue, Gardiner, Maine 04345
DEADLINE FOR COMMENTS: November 6, 2001, 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45.05(l)(A)(2)(c), Unbaited shrimp traps
PROPOSED RULE NUMBER: 2001-P240
CONCISE SUMMARY: The Commissioner of Marine Resources proposes to repeal the regulation allowing persons to set unbaited shrimp traps 5 days prior to the start and following the close of the annual shrimp season. The repeal of this regulation is being proposed in response to complaints that this allowance creates gear conflict situations and imposes a disadvantage on persons who fish for shrimp by trawl.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171 and 6171-A
PUBLIC HEARING:
Monday, October 22, 2001, 7:00 p.m., The American Legion Cabin, 196 Main Street, Yarmouth;
Tuesday, October 23, 2001, 7:00 p.m., Lincoln County Communication's Center Meeting Room (lower entrance behind the courthouse), Route 1, Wiscasset; and
Wednesday, October 24, 2001, 7:00 p.m., State Ferry Terminal Conference Room, Rockland
DEADLINE FOR COMMENTS: November 3, 2001
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04675-0008
TELEPHONE: (207) 633-9584
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, please contact Breena Whitcomb, at (207) 624-6667.


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #11-01
PROPOSED RULE NUMBER: 2001-P241
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 3:00 p.m., Friday, October 19, 2001 Room 319, Department of Agriculture Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 19 2001
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 94-434 - Maine Educational Loan Authority (MELA)
RULE TITLE OR SUBJECT: Ch. 3, Rules for The Award of Contracts for Services
PROPOSED RULE NUMBER: 2001-P242
CONCISE SUMMARY: This chapter outlines the procedures to be used in the awarding of contracts for necessary clerical and administrative services pursuant to 20-A MRSA 11417(4) and 11417(7)
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 11417(4), 11417(7)
PUBLIC HEARING: Wednesday, October 24, 2001, 9:00 a.m., Maine Principals Association Conference and Meeting Center, 50 Industrial Drive, Augusta, ME
DEADLINE FOR COMMENTS: Monday, November 5, 2001
AGENCY CONTACT PERSON: Shirley Erickson, Executive Director
AGENCY NAME: Maine Educational Loan Authority
ADDRESS: One City Center, Portland, ME 04101
TELEPHONE: (207) 791-3600


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-P243
CONCISE SUMMARY: This amendment raises licensing fees for interpreters and transliterators of American Sign Language and English. The annual license fee would increase from $200 to $300 and the application fee would increase from $25 to $50.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 8003(2-A)(D),(E) PUBLIC HEARING: October 22, 2001, 1:00 p.m., Kennebec Conference Room, Department of Professional & Financial Regulation, 122 Northern Ave., Gardiner, Maine 04345
DEADLINE FOR WRITTEN COMMENTS: November 1, 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


ADOPTIONS

AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program Rule
ADOPTED RULE NUMBER: 2001-398
CONCISE SUMMARY The Home Energy Assistance Program ("HEAP") Rule is being amended to: (i) allow a customer and a fuel vendor to enter into a payment plan for the purchase of home energy at a price other than the cash price, provided the plan is offered to customers to assist them with a lower cap price or otherwise manage the cost of home energy; (ii) change the date by which subgrantees must start taking applications for priority applicants and households with a direct heating cost to August 1st of each year; (iii) shorten the time by which a subgrantee must certify or deny applications; and (iv) clarify provisions of the rule.
EFFECTIVE DATE: September 17, 2001
AGENCY CONTACT PERSON: Peter Wintle, EHS Division Director
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 351, Maine Child Support Enforcement Manual
ADOPTED RULE NUMBER: 2001-409
CONCISE SUMMARY: The rule implements the changes made to child support law in P.L. 2001, c. 264, adds the updated Child Support Table and reflects to recodification of family law from Title 19 to Title 19-A.
EFFECTIVE DATE: September 21, 2001
AGENCY CONTACT PERSON: Debby Willis, Legal Counsel, Division of Support Enforcement and Recovery, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5095
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 17-229 - Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 105, Rules Regarding Suspension from Bidding
ADOPTED RULE NUMBER: 2001-410
CONCISE SUMMARY: The proposed rule will ensure that the Department of Transportation may prevent contractors that employ irresponsible business practices from bidding, as general contractors, on state road construction projects. Suspended contractors will be permitted to bid as subcontractors. The Rules Regarding Debarment of Contractors, contained in Ch. 102, effective October 2, 1985, already allow the Department to disqualify unprincipled and dishonest contractors from bidding, as general or subcontractors, on road construction projects administered by the Department of Transportation.
EFFECTIVE DATE: September 26, 2001
AGENCY CONTACT PERSON: Richard N. Hewes, Principal Attorney
AGENCY NAME: Maine Department of Transportation
ADDRESS: 16 State House Station, Legal Division, Augusta, ME 04333-0016
TELEPHONE: (207) 287-2681


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Benefit Increase
ADOPTED RULE NUMBER: 2001-412
CONCISE SUMMARY: Beginning 10/1/01, this rule:
* Increases the maximum TANF benefits by 5% of the maximum payments that were in effect on January 1, 2001.
* Adds a second income test to applicants.
* Adjusts the maximum amounts that are collected for recoupment of overpaid benefits.
* Adjusts the income charts and budget worksheets associated with the benefit increase and second income test.
EFFECTIVE DATE: October 1, 2001
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (201) 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


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