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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 11, 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: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 600, Oil Discharge Prevention and Pollution Control Rules for Marine Oil Terminals, Transportation Pipelines And Vessels
PROPOSED RULE NUMBER: 2000-P221
CONCISE SUMMARY: This rule identifies the minimum design and operating requirements for marine oil terminals and intrastate pipelines. Topics addressed include oil discharge reporting procedures; vessel guidelines during reduced visibility; oil transfer areas; oil terminal facility siting, design and construction; oil transfer procedures; oil terminal training and safety; and closure of tanks and facilities. The Department is removing certain vessel provisions adopted in November 1999 and in 1971. These provisions are being removed to ensure the rule is consistent with a recent U.S. Supreme Court decision. There are also three minor clarifications to the rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 38, Maine Revised Statutes Annotated, section 546, subsection 4.
PUBLIC HEARING: 1:00 p.m. Thursday, November 2, 2000, at the Holiday Inn/Ground Round, Civic Center Drive (Route 8/11), Augusta Maine.
DEADLINE FOR RECEIPT OF WRITTEN COMMENTS: 5 p.m. Friday, November 17, 2000. Comments may be submitted by mail at the address below, by fax at (207) 287-7826 or by e-mail at (richard.m.kaselis@maine.gov). To ensure consideration, comments must include your name and the organization you represent if any.
AGENCY CONTACT PERSON: Richard Kaselis,
Department of Environmental Protection, State House Station # 17, Augusta, ME 04333
PHONE: 287-2651


AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Amendment to Ch. 60, Designation of Critical Pesticide Control Areas - to Repeal the Hope Critical Pesticide Control Area.
PROPOSED RULE NUMBER: 2000-P222
CONCISE SUMMARY: At their June 9, 2000 meeting, the Board amended Ch. 60 to create the Hope Critical Pesticide Control Area to protect the health of the Bruce and Deborah Brown family at 159 Crabtree Road in Hope. At the time of adoption, the Board was aware the Browns were trying to sell their property and included Section (C)(7) in the rule which stated the critical pesticide control area was repealed on the date the Brown family no longer resided at 159 Crabtree Road. The Browns recently sold their home, and since the basis for the rule no longer exists, the Board is initiating rulemaking to formally remove the Hope Critical Pesticide Control Area from the Code of Maine Regulations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA, 8051 et seq. and 22 MRSA, 1471-F and M.
PUBLIC HEARING: None Scheduled; one may be requested.
DEADLINE FOR COMMENTS: 4:00 p.m., November 13, 2000.
AGENCY CONTACT PERSON: Robert 1. Batteese, Jr.
AGENCY'NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: 207-287-2731
FAX: 207-287- 7548
EMAIL: robert.batteese@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/rules.htm


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 65, Mental Health Services
PROPOSED RULE NUMBER: 2000-P223
CONCISE SUMMARY: This proposed rule reflects the Department's determination that in addition to an advanced practice psychiatric and mental health nurse, a registered nurse certified in the specialized field of mental health may perform and be reimbursed by Medicaid for those services delivered by a Behavioral Specialist II if the services delivered are within the scope of his/her license. In addition, Section 65.04-2(C), Specific Eligibility Requirements for Children Ages 0-20 for Children's Behavioral Health Services, has been changed to clarify that children receiving behavioral health services must have a mental health diagnosis in order to meet Medicaid eligibility criteria.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA, 42, 3173
PUBLIC HEARING November 1, 2000 at 1:00 p.m., Large Conference Room, 35 Anthony Ave., Augusta, ME 04333. Persons wishing to attend who require special accommodations are requested to contact the Bureau of Medical Services at (207) 624-5521, by October 23, 2000 in order for special arrangements to be made.
DEADLINE FOR COMMENTS: November 13, 2000
AGENCY CONTACT PERSON: Julia White, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5517 or 1-800-321-5557
TTY: 207-287-1828 (Deaf/Hard of Hearing) or 1-800-423-4331(Deaf/Hard of Hearing)


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 192, Formula for Distribution of Funds to Child Development Services (CDS) Regional Sites
PROPOSED RULE NUMBER: 2000-P225
CONCISE SUMMARY: The refinement of cost projections through a data driven approach rather than an historical approach will permit the Legislature to clearly identify the reasons for cost increases and provide greater focus on potential cost containment strategies for the CDS system. The funding formula must include consideration of the costs associated with the following functions: administration; Childfind; case management; and provision of other services. The funding formula must take into consideration other factors, which may include but are not limited to, a regional site's geographic area, the general population of children from birth to under age 6, ChildCount, the Medicaid eligibility rate and cost. containment measures. The formula may allocate a portion of total funds, not to exceed 8% of the State's general fund appropriation for the Child Development Services System, for distribution to the regional sites based on unanticipated changes in costs or amount of mandated services provided during the fiscal year. The formula may also include a provision to limit the magnitude of gain or loss of funds a site will experience from one fiscal year to the next. The rule for FY 01 is based on review of implementation of the rule for FY 00.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Ch. 296, Section 12; 5 MRSA 8073; 20-A MRSA 7727 (4-A)
PUBLIC HEARNG: October 27, 2000 (Friday), Maine Department of Education Commissioner's Conference Room, 10:30 a.m. to 12:00 noon
DEADLINE FOR COMMENTS: Monday, November 6, 2000; 5:00 p.m. (to be submitted to Child Development Services State Office, address below)
AGENCY CONTACT PERSON: Joanne C. Holmes
AGENCY NAME: CDS State Office
ADDRESS: 146 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-3272


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 231, State of Maine Rules Relating to Drinking Water
ADOPTED RULE NUMBER: 2000-423
CONCISE SUMMARY: The changes to the State of Maine Rules Relating to Drinking Water involve updating the specific rule sections to coincide with the changes mandated by the Federal Safe Drinking Water Act and the changes made to Maine Statute.
EFFECTIVE DATE: October 3, 2000
AGENCY CONTACT PERSON: Ebrahim Habib
AGENCY NAME: Division of Health Engineering
ADDRESS: 10 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-6471
TTY (207) 287-2070


AGENCY: 99-347 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program Rule
ADOPTED RULE NUMBER: 2000-424
CONCISE SUMMARY The Home Energy Assistance Program ("HEAP") Rule is being amended to increase the pool of eligible households provided that the Maine State Housing Authority ("MSHA") receives an initial HEAP award in an amount which allows MSHA to maintain the current level of benefits for households receiving HEAP assistance. If MSHA is awarded a sufficient amount of HEAP funds, the income limitations will increase from 150% to 170% of the federal poverty guidelines for households with an elderly person, a child under the age of 25 months, or a person who is vulnerable to hypothermia, and from 125% to 150% of the federal poverty guidelines for all other households. If MSHA does not receive a sufficient award, the income limitations will be 150% of the federal poverty guidelines for households with an elderly person, a child under the age of 25 months, or a person who is vulnerable to hypothermia, and 125% of the federal poverty guidelines for all other households. The Rule is also being amended to establish a pilot program pursuant to which the level of benefits provided to households in Kennebec and Somerset Counties, except tenants with heat included in their rent, will be determined based on the actual energy consumption of the household in the prior year rather than the design heat load calculation method; to allow subgrantees to setoff or deduct Energy Crisis Intervention Program benefits received by an ineligible household from the household's HEAP fuel assistance benefit during the program year; to add lead hazard requirements under the HEAP Weatherization Program; to add certain administrative requirements in accordance with the Maine Housing Authorities Act; and to clarify definitions and other provisions of the Rule.
EFFECTIVE DATE: October 2, 2000
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)
(800) 452-4603 (TTY)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 65, Mental Health Services
ADOPTED RULE NUMBER: 2000-425
CONCISE SUMMARY: This emergency rule reflects the Department's determination that in addition to an advance practice psychiatric and mental health nurse, a registered nurse certified in the specialized field of mental health may perform those services delivered by a Behavioral Specialist II if the services delivered are within the scope of his/her licensure. This change allows more individuals to meet staffing criteria thus increasing the supply of qualified Behavioral Specialist IIs. This emergency rule is effective September 29, 2000 through December 26, 2000. Providers and the public will have the opportunity to comment on these changes through concurrent proposed rule-making.
EFFECTIVE DATE: September 29, 2000
AGENCY CONTACT PERSON: Julia White, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5517 or 1-800-321-5557, option 1
TTY: 207-287-1828, 1-800-423-4331.


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife

TYPE OF RULE: Motorsize Restrictions on Certain Inland Waters
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Regulations
ADOPTED RULE NUMBER: 2000-427
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing a motorsize restriction on Seal Cove and Hodgdon Ponds in the town of Tremont, Hancock County. Motorboats with more than 10 horsepower will be prohibited on these bodies of water.

TYPE OF RULE: Upland Game and Furbearing Animals (Beaver Trapping Closures)
CHAPTER NUMBER AND TITLE: Ch. 4 - 4.01
ADOPTED RULE NUMBER: 2000-428
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing individual township openings and closings for the beaver trapping season. Townships or portions thereof are opened and closed on an individual basis to manage local beaver populations within the general season framework. A copy of the rule may be obtained from the agency contact person.

EFFECTIVE DATE: October 7, 2000
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201


AGENCY: 02-285 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Veterinary Medicine
CHAPTER NUMBER AND TITLE:
Repeal the following chapters:
Ch. 1, Licensing of Veterinarians
Ch. 2, Registration of Animal Technicians
Ch. 3, Standards and Guidelines for Practice
Ch. 4, Hearing Rules for Adjudicatory Proceedings
Ch. 8, Fees
Replace the above with new chapters as follows:
Ch. 1, Definitions and General Provisions
Ch. 2, Licensure Requirements for Veterinarians and Permit for Performance of Relief Veterinary Service
Ch. 3, Registration Requirements for Veterinary Technicians
Ch. 4, Standards for Continuing Professional Education for Veterinary Doctors
Ch. 5, Standards for Veterinary Practice Facilities and Record Keeping
Ch. 6, Enforcement and Disciplinary Procedures
Ch. 7, Code of Ethics
Ch. 8, Fees
ADOPTED RULE NUMBER: 2000-429 through 2000-436
CONCISE SUMMARY: These proposed rules will: 1] identify and clarify certain terms used by this profession; 2] specify the manner in which meetings, rulings, hearings and records of the board will occur; 3] specify and clarify the qualifications and method for filing applications for registrations, permits and licensing for veterinarians and veterinary technicians; 4] set standards for safety and sanitary procedures in veterinary facilities; 5] update and clarify procedures for filing and handling complaints, including clarification of the terms used for specific grounds for discipline; 6] establish standards for the practice of veterinary medicine and grounds of unprofessional conduct for persons licensed and practicing in Maine; 7] update and clarify terms used in conjunction with fees assessed by the board.
EFFECTIVE DATE: October 7, 2000
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8625


AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: Subsection 15.1J, Resident Disciplinary Procedures - Maine Youth Center
ADOPTED RULE NUMBER: 2000-437
CONCISE SUMMARY: The Maine Youth Center is committed to maintaining a safe and secure living and working environment for residents, staff, and visitors and to promoting responsible resident behavior. To this end, the Maine Youth Center shall have and enforce rules for residents, in order to provide residents with a clear understanding of expected behavior. Appropriate, consistent, and fairly applied disciplinary sanctions, consistent with the constitutional and statutory rights of individual residents, contribute to the rehabilitation of residents and the maintenance of the good order of the Maine Youth Center. This policy describes each of these items.
EFFECTIVE DATE: October 8, 2000
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 5, Energy Cost and Utility Allowance Determinations Rule
ADOPTED RULE NUMBER: 2000-439
CONCISE SUMMARY: The purpose of the proposed amendment is to modify the Rule with respect to initial occupancy calculations, modification of the utility allowance system after initial occupancy, annual review under the utility allowance system, and the applicability of the Rule to rent restricted units, as well as to complete minor technical corrections to the Rule.
EFFECTIVE DATE: October 9, 2000
AGENCY CONTACT PERSON: Erin Rodriguez, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE:
(207) 626-4600 (voice)
(207) 452-4603 (TTY)


AGENCY: 02-322 - State Board of Registration for Professional Engineers
CHAPTER NUMBER AND TITLE:
Ch. 1, Organization and Administration
Ch. 2, Registration of Professional Engineers
ADOPTED RULE NUMBER: 2000-440
CONCISE SUMMARY: The Rules are revised to be consistent with the present Statute which became effective in September 1999. The Rules have been modified to eliminate wording that is redundant with the law. The duties of the Secretary have been redefined and a position of Administrative Office Manager established. A temporary license procedure is established.
EFFECTIVE DATE: October 9, 2000
AGENCY CONTACT PERSON: Herbert R. Doten
AGENCY NAME: State Board of Registration for Professional Engineers
ADDRESS: 92 State House Station, Augusta, ME 04330-0092
TELEPHONE: 207/287-3236


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