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October 7, 1998
Rule-Making Notice

as it appears 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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS
AGENCY: 03-201 - Department of Corrections

RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedures Manual, Sub-section 9.15, Drug and Alcohol Testing of Adult Clients
PROPOSED RULE NUMBER: 98-P210
CONCISE SUMMARY: This amendment provides an updated Policy and Procedures that will enable the DOC to use the latest technology that has been developed in the field of drug and alcohol testing.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A M.R.S.A. Section 1402
PUBLIC HEARING: October 28, 1998, 9:00 a.m., Hearing Room 122, State Office Building, Augusta, ME

RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedures Manual, Sub-section 15.1, Prisoner Disciplinary Procedures
PROPOSED RULE NUMBER: 98-P211
CONCISE SUMMARY This amendment clarifies existing procedures, addresses the graduated sanctions of the Drug and Alcohol Testing of Adult Clients, and includes infractions to the rules of conduct pertaining to DNA Blood Sample, Spitting, Exposure, Throwing Body Fluid, and Gang Affiliation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A M.R.S.A. Sections 3265, 1402, 1403, and 3032.
PUBLIC HEARING: October 28, 1993, 11:00 a.m., Hearing Room 122 -- State Office Building, Augusta, ME

DEADLINE FOR COMMENTS: November 9, 1998
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: #111 State House Station, Augusta, ME 04333-0111
TELEPHONE: 207/287-4342


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 113, Growth Offset Regulation
PROPOSED RULE NUMBER: 98-P212
CONCISE SUMMARY: The Department is proposing to amend Chapter 113 to allow the use of NOx credits to meet VOC offset requirements in northern Maine if EPA reverses its current policy and allows generation of NOx credits in a NOx waiver area. Chapter 113 implements the federal requirement that new emissions of NOx and VOCs (the two types of pollutants that combine to form ground-level ozone, or "smog") be offset with reductions of the pollutants made elsewhere. Because NOx reductions and VOC reductions generally have an equivalent air quality benefit in southern Maine, the rule allows facilities that need offset credits to substitute NOx credits for VOC credits, and visa versa, in this area. EPA does not currently allow the generation of NOx credits in an area for which it has granted a waiver of certain NOx controls; therefore, the rule does not allow use of NOx credits to offset VOC increases in northern Maine, which has such a waiver. Because NOx emissions in northern Maine are more likely to contribute to ozone formation, a greater benefit to air quality would likely be seen in northern Maine if NOx emission reductions in northern Maine may be used to offset VOC emission increases.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 M.R.S.A. 585 and 585-A
PUBLIC HEARING: October 28, 1998, 1:00 p.m., Holiday Inn, Ground Round
DEADLINE FOR COMMENTS: November 16, 1998
AGENCY CONTACT PERSON: Judith Landers
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: 207/287-2437


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. (New), Rules Governing Animal Welfare
PROPOSED RULE NUMBER: 98-P213
CONCISE SUMMARY: The Animal Welfare Rules outline Minimum Standards for Pet Shops, Shelters, Kennels, and Boarding Kennels. In addition, permitting requirements for pig and calf scrambles are addressed. Provisions and procedures governing the spay/neuter reimbursement program are outlined.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 3906-B
PUBLIC HEARING: Thursday, 29 October 1998, 10 - 12 p.m., Department of Agriculture, Food & Rural Resources, Deering Building, Augusta, Maine 04333
DEADLINE FOR COMMENTS: Friday, 13 November 1998
AGENCY CONTACT PERSON: Shelley Falk, Director of Animal Health & Industry
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 28 State House Station, Deering Building, Augusta, Maine 04333
TELEPHONE: 207/287-7610


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 25, Lobster Trap Limits Established by Lobster Management Zones, Zone A
PROPOSED RULE NUMBER: 98-P214
CONCISE SUMMARY: The Commissioner is sending to rule-making the recommendation from the lobster management zone council for Zone A to enact a reduction in the number of lobster traps allowed to be fished by license holders in Zone A. The maximum number of lobster traps would be 1200 as of June 1, 1998, 1000 traps as of March 1, 1999 and 800 traps as of March 1, 2000. This proposed rule was approved by zone members in a zone-wide referendum. The Department recognizes that these rules reflect dates as recommended from the lobster management zone council for Zone A. However, if and when these regulations are adopted the effective date will be in the future.

RULE TITLE OR SUBJECT: Ch. 25, Lobster Trap Limits Established by Lobster Management Zones, Zone B
PROPOSED RULE NUMBER: 98-P215
CONCISE SUMMARY: The Commissioner is sending to rule-making the recommendation from the lobster management zone council for Zone B to enact a reduction in the number of lobster traps allowed to be fished by license holders in Zone B. The maximum number of lobster traps would be 1000 traps as of March 1, 1999 and 800 traps as of March 1, 2000. This proposed rule was approved by zone members in a zone-wide referendum.

RULE TITLE OR SUBJECT: Ch. 25, Lobster Trap Limits Established by Lobster Management Zones, Zone C
PROPOSED RULE NUMBER: 98-P216
CONCISE SUMMARY: The Commissioner is sending to rule-making the recommendation from the lobster management zone council for Zone C to enact a reduction in the number of lobster traps allowed to be fished by license holders in Zone C. The maximum number of lobster traps would be 1000 traps as of March 1, 1999 and 800 traps as of March 1, 2000. This proposed rule was approved by zone members in a zone-wide referendum.

RULE TITLE OR SUBJECT: Ch. 25, Lobster Trap Limits Established by Lobster Management Zones, Zone D
PROPOSED RULE NUMBER: 98-P217
CONCISE SUMMARY: The Commissioner is sending to rule-making the recommendation from the lobster management zone council for Zone D to enact a reduction in the number of lobster traps allowed to be fished by license holders in Zone D. The maximum number of lobster traps would be 1200 as of March 1, 1998, 1000 traps as of March 1, 1999 and 800 traps as of March 1, 2000. This proposed rule was approved by zone members in a zone-wide referendum. The Department recognizes that these rules reflect dates as recommended from the lobster management zone council for Zone D. However, if and when these regulations are adopted the effective date will be in the future.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6446 and 6447
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: November 6, 1998
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 34, Maine Groundfish Management, Size, Possession and Gear Restrictions, Pollock exemption
PROPOSED RULE NUMBER: 98-P219
CONCISE SUMMARY: The proposed regulation establishes a creel limit of six pollock each of which is less than 19 inches total length per person per day for both shore and boat fishermen in Maine territorial seas. This measure is taken to rectify the inconsistency between the shore based and boat based recreational fisheries.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARINGS: Wednesday, October 28, 1998, Naval Reserve Center, 350 Commercial Street, Portland
DEADLINE FOR COMMENTS: November 7, 1998
AGENCY CONTACT PERSON: Lewis N. Flagg
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-6341


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 323, Maine General Assistance Policy Manual - Interim Assistance Reimbursement and Municipal Work Program
PROPOSED RULE NUMBER: 98-P220
CONCISE SUMMARY: This rule clarifies existing policy and makes a change in the Interim Assistance Reimbursement program. When a client does workfare for the municipality while receiving General Assistance and waiting for a decision on their SSI retroactive payment, the municipality needs to give a monetary hourly value to the workfare performed. The value of the workfare is subtracted from the General Assistance received before the Department and municipality are repaid for the General Assistance that was paid on behalf of the client.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 4323
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: November 6, 1998
AGENCY CONTACT PERSON: Cindy Boyd, General Assistance Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5088
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. (New), Uniform Information Disclosure and Informational Filing Requirements
PROPOSED RULE NUMBER: 98-P221
CONCISE SUMMARY: To establish uniform customer information disclosure requirements applicable to competitive electricity providers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A M.R.S.A. 104, 111, 1301, 3203(3); P.L. 1997, ch. 316, 4
PUBLIC HEARING: 9 a.m., October 27, 1998, at the Offices of the Public Utilities Commission, 242 State Street, State House Station 28, Augusta, ME 04333
DEADLINE FOR COMMENTS: November 10, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. (New), Selection of Primary Interexchange and Local Exchange Carriers
PROPOSED RULE NUMBER: 98-P222
CONCISE SUMMARY To prohibit telecommunications carriers from changing a customer's presubscribed interexchange carrier or presubscribed local exchange carrier without first receiving the customer's authorization.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A M.R.S.A. 7106
PUBLIC HEARING October 30, 1998, at 9:00 a.m. in the Public Utilities Commission Hearing Room, 242 State Street, Augusta, Maine, 04333-0018
DEADLINE FOR COMMENTS: November 13, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. (New), Lifeline and Link Up Service Programs
PROPOSED RULE NUMBER: 98-P223
CONCISE SUMMARY r: To establish criteria for Maine's Lifeline and Link Up Service Programs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A M.R.S.A. 7104
PUBLIC HEARING None scheduled, but one will be held if requested by five (5) or more interested persons.
DEADLINE FOR COMMENTS: November 6, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 110, Speech-Language Pathology Services.
ADOPTED RULE NUMBER: 98-412
CONCISE SUMMARY: This final rule adds items relating to augmentative communication evaluation under covered services, clarifies non-covered areas, expands the definition of qualified staff to include speech language pathology assistants, allows for payment of interpreter services, and related minor editing changes.
EFFECTIVE DATE: September 29, 1998
AGENCY CONTACT PERSON:, Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 11 SHS, 35 Anthony Avenue, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514 or at 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation
CHAPTER NUMBER AND TITLE: Ch. 552, Bureau of Rehabilitation Services Policy Manual
ADOPTED RULE NUMBER: 98-413
CONCISE SUMMARY: This rule governing the Consumer Directed Personal Care Assistant Services Program is being repealed and added to the Bureau of Elder & Adult Services Policy Manual, adopted by the Department of Human Services (10-149). This transfer was mandated by P.L. 97, Ch. 734, in order to consolidate the administration of all state funded home-based care services programs within the Department of Human Services and does not alter the program.
EFFECTIVE DATE OF REPEAL: September 29, 1998
AGENCY CONTACT PERSON: Ronald F. Hanson
AGENCY NAME: Department of Labor, Bureau of Rehabilitation Services
ADDRESS: 35 Anthony Avenue, 150 State House Station, Augusta, Maine 04333-0150
TELEPHONE: (207) 624-5307


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE-TANF Program Rules
ADOPTED RULE NUMBER: 98-414
CONCISE SUMMARY: The Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 includes periodic increases in work participation hours and performance rates; ASPIRE-TANF rules are being changed to reflect those changes, and also to bring the rules into line with TANF rules, especially in the area of overpayments. Changes are also being made in the areas of support service payments and self-employment; monthly work hours for the MaineServe and TEMP components are defined as being no greater than the ASPIRE-TANF participant's TANF and Food Stamp benefit totals divided by Maine's minimum wage. Other changes that will positively impact on the Program's ability to work efficiently and effectively with participants are also included.
EFFECTIVE DATE: October 1, 1998
AGENCY CONTACT PERSON: Stephen W. Telow, ASPIRE Coordinator, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-3309
FAX NUMBER: 287-5096
TDD: 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 98-415
CONCISE SUMMARY: This rule makes annual changes in maximum allotments and increases the shelter deduction cap from $250 to $275. It also adds some increase in income limits.
EFFECTIVE DATE: October 1, 1998
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


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Transitional Child Care Guidelines
ADOPTED RULE NUMBER: 98-416
CONCISE SUMMARY: This policy updates the maximum Transitional Child Care income guidelines and fee assessment schedule effective October 1, 1998 through September 30, 1999.
EFFECTIVE DATE: October 1, 1998
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: 287-5089
TTY: (207) 287-6948


AGENCY: 19-498 - Department of Economic and Community Development, Office of Community Development
CHAPTER NUMBER AND RULE TITLE: Ch. 18, Final Statement for Administering the 1999 Community Development Block Grant Small Cities Program
ADOPTED RULE NUMBER: 98-417
CONCISE SUMMARY: This rule outlines the procedures by which the Department of Economic and Community Development (DECD) will administer the Community Development Block Grant (CDBG) Small Cities Program in accordance with the Department of Housing and Urban Development (HUD) regulations. The rule describes the design and method of funds distribution for the various Community Development Block Grant programs, including the criteria to be used in making awards to communities.
EFFECTIVE DATE: October 3, 1998
AGENCY CONTACT PERSON: Aaron Shapiro, CDBG Program Manager
AGENCY NAME: Office of Community Development
ADDRESS: DECD/OCD, 33 Stone Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: 287-8485


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.10(4), Lobster Trap Limits Established by Lobster Management Zones, Zone F
ADOPTED RULE NUMBER: 98-418
CONCISE SUMMARY: The Commissioner has accepted the recommendation from the lobster management zone council for Zone F that will enact a reduction in the number of lobster traps allowed to be fished by license holders in Zone F. The maximum number of lobster traps would be 1000 traps as of March 1, 1999 and 800 traps as of March 1, 2000. This proposed rule was approved by zone members in a zone-wide referendum.
EFFECTIVE DATE: October 4, 1998
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


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