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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

October 4, 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: 02-360 - Department of Professional & Financial Regulation, Board of Licensure for Professional Land Surveyors
RULE TITLE OR SUBJECT:
Ch. 10, Definitions
Ch. 20, General Information
Ch. 30, Advisory Rulings
Ch. 40, Qualifications for Licensure as Land Surveyor-In-Training
Ch. 50, Qualifications for Licensure as Professional Land Surveyor
Ch. 60, Licensure by Comity
Ch. 70, Professional Development
Ch. 80, Fee
Ch. 90, Standards of Practice
Ch. 100, Enforcement and Disciplinary Procedures
PROPOSED RULE NUMBER: 2000-P213
CONCISE SUMMARY: The amendments repeal and replace the Board's current rules. Chapter 10 will define specialized terms used in the Board's rules. Chapter 20 will establish the procedure for preparing agendas and election of Board officers. Chapter 30 will establish the process for requesting an advisory ruling. Chapter 40 will set the qualifications and application procedures for land surveyor-in-training applicants. Chapter 50 will set the qualifications and application procedures for professional land surveyor applicants. Chapter 60 will set the license qualifications for licensees from other jurisdictions. Chapter 70 will implement the continuing education requirements for renewal. Chapter 80 will set the fees charged by the Board. Chapter 90 will set the professional and technical standards of conduct. Chapter 100 will describe the complaint investigation process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 MRSA c. 121 13903(2)
PUBLIC HEARING: Tuesday, October 24, 2000, 1:30 p.m., Department of Professional & Financial Regulation, 122-124 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: November 3, 2000
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 870, Labeling of Mercury-Added Products
PROPOSED RULE NUMBER: 2000-P219
CONCISE SUMMARY: The rule establishes standards for affixing labels to mercury-added products. Beginning January 1, 2002, these products cannot be sold in Maine unless the product is labeled to inform consumers that the product contains mercury and may not be placed in the trash. The purpose is to reduce mercury emissions to the environment by giving consumers the information they need to recycle the product or purchase a mercury-free alternative if available. A copy of the proposed rule has been posted on the department website: www.maine.gov/dep/rwm/mercury.htm
FISCAL IMPACT ON MUNICIPALITIES. This rule will not cost municipalities any money and is expected to reduce costs incurred by municipalities to separate mercury-added products from solid waste.
STATUTORY AUTHORITY: Title 38, Maine Revised Statutes Annotated, section 1662, sub-section 1.
PUBLIC HEARING: None scheduled; one may be requested.
WRITTEN COMMENTS: The deadline for written comment is Friday, November 3, 2000. Comments, may be submitted by mail, e-mail or FAX. To ensure consideration, include your name and the organization you represent, if any.
AGENCY CONTACT: Enid Mitnik, DEP-BRWM, 17 SHS, Augusta ME 04333
e-mail: enid.mitnik@maine.gov
FAX: (207) 287-7826
TEL: (207) 287-8556


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 67, Nursing Facility Services
PROPOSED RULE NUMBER: 2000-P220
CONCISE SUMMARY: A new section is proposed to implement PL 99, Chapter 731, Part BBBB-2, to allow for increased eligibility for NF consumers who have chronic conditions that fluctuate enough to qualify and disqualify them for services on a cyclical basis. Qualifying consumers will be given the choice to remain in the NF if discharging will likely lead to a deterioration of health status.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: Tuesday, October 24, 2000 1:00 p.m., Bureau of Elder and Adult Services, Large conference room, 35 Anthony Ave., Augusta, ME 04333
DEADLINE FOR COMMENTS: Written comments will be accepted through November 3, 2000.
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 624-5519 or 1-800-321-5557 option 1
DEAF/ HARD OF HEARING: TTY# 287-1828 or TTY# 1-800-423-4331


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 594, State Contribution to Overboard Discharge Replacement Projects
ADOPTED RULE NUMBER: 2000-409
CONCISE SUMMARY: This proposed amendment to the existing Chapter 594 rule contains changes to make the rule consistent with a recent amendment to 38 MRSA 411-A, sub- 2, Paragraph C. The amendment to the law allows grant funding to be increased from 25% to 5O% for removal of a seasonal residential overboard discharge if the Commissioner of Marine Resources certifies that the project is likely to result in the opening of a shellfish harvesting area that is closed. All other seasonal residences will remain at the current 25% grant funding level. The current funding level of 90% for year-round residences and 50% for commercial establishments will also remain unchanged. The rule changes made to bring the rule into compliance with the amendment to the law are shown in Section 2, Funding, on page 2 of the rule and resulted in the elimination of all specific funding percentages in Section 2 of the rule and retaining the statement that funding will be in accordance with 38 MRSA 411-A. This approach will not only eliminate redundancy of information but will eliminate the need for future amendments to the rule each time the law changes the funding percentages in any funding category. The remaining changes shown in the proposed rule resulted from required formatting changes, minor clarifications, and elimination of a few parts that contain information that is no longer applicable to the rule and the grant program.
EFFECTIVE DATE: September 25, 2000
AGENCY CONTACT PERSON: David P. Achorn
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: 207-287-7766


AGENCY: 65-407 - Public Utilities Commission

CHAPTER NUMBER AND TITLE: Ch. 510, Authorization and Operation of Ferries in Casco Bay
ADOPTED RULE NUMBER: 2000-414
CONCISE SUMMARY The amendments to Chapter 510 to make the rule consistent with statutory changes affecting the operation of ferries in Casco Bay, 35-A MRSA 5101-A - 5101-C.

CHAPTER NUMBER AND TITLE: Ch. 520, Unscheduled Tour, Charter and Water Taxi Services in Casco Bay
ADOPTED RULE NUMBER: 2000-415
CONCISE SUMMARY The amendments to certain parts of the rule, the. rule that governs tours, charters, and water taxis in Casco Bay to make the rule consistent with the provisions of 35-A MRSA 5101-D and 5101-E. The rule also includes a new application form for use by all persons seeking to provide these services.

CHAPTER NUMBER AND TITLE: Ch. 560, Public Notice Required for Rate Changes filed by Casco Bay Island Transit District
ADOPTED RULE NUMBER: 2000-416
CONCISESUMMARY: The amendments to the rule clarify the public notice requirements for all rate changes filed by the Casco Bay Island Transit District (CBITD). We repeal Chapter 56 and replace it with the final rule, Chapter 560.

EFFECTIVE DATE: October 1, 2000
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


AGENCY: 02-174 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Boilers and Pressure Vessels
RULE TITLE OR SUBJECT:
Amendment to Ch. 1, Definitions
Amendment to Ch. 2, General Rules Governing Boilers of All Types
Amendment to Ch. 6, Pressure Vessels
Amendment to Ch. 9, Boiler Inspectors
Amendment to Ch. 10, Boiler Engineers and Operators
ADOPTED RULE NUMBER: 2000-417 through 2000-421
CONCISE SUMMARY: The rules provide needed clarification to the definitions. The rules indicate the Board's, intent to adopt a more current edition of the ASME Boiler and Pressure Vessel Code and National Board Inspection Code for the standards of new boilers and pressure vessels in the State of Maine. The rules also set forth the procedure to be followed to request a grace period to operate a boiler for up to two months beyond the expiration date of the Certificate of Inspection. The rules clarify the code that boilers and pressure vessels are to be inspected by. The rules set forth the procedure to be followed by inspectors when suspending a boiler or pressure vessel certificate when the boiler or pressure vessel is found to be unsafe. The rules also set forth the procedure to be followed by the Chief Inspector when condemning a boiler or pressure vessel in the event that repairs are not feasible. The rules indicate the Board's intent to adopt the Rules for Commissioned Inspectors published by the National Board as the qualifications for candidates to take the National Board of Boilers and Pressure Vessels examination. The rules provide needed clarification for examination, licensing, and reciprocity requirements for Boiler Engineers and Operators. The rules also provide needed clarification regarding the attendance requirements of licensed boiler operators and/or engineers at plants.
EFFECTIVE DATE: October 1, 2000
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 123, Paper Coating Regulation (Amendments)
ADOPTED RULE NUMBER: 2000-422
CONCISE SUMMARY: On August 17, 2000, the Board of Environmental Protection adopted amendments to Chapter 123 that change the recordkeeping requirement for sources utilizing low solvent coating technology from a daily to a monthly basis, thereby clarifying and simplifying recordkeeping and compliance efforts. These amendments also establish an alternative emission limit of a 95 percent control efficiency for coating units utilizing add-on controls.
EFFECTIVE DATE: October 2, 2000
AGENCY CONTACT PERSON:
NAME: Jeff Crawford
ADDRESS: Bureau of Air Quality Control, Department of Environmental Protection, State House Station 17, Augusta, ME 04333
PHONE: 207-287-2437


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