October 14, 1998 Rule-Making Notice - State of Maine

October 14, 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: 02 - Department of Professional & Financial Regulation
373 - Board of Licensure in Medicine
383 - Board of Osteopathic Licensure
RULE TITLE OR SUBJECT: Ch. 11, Use of Controlled Substances for Treatment of Pain
PROPOSED RULE NUMBER: 98-P191
CONCISE SUMMARY: Previously submitted; due to requests for additional time for comment submission, the Boards hereby extend the comment period through 4:30 p.m. on Friday, October 30, 1998.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 32 M.R.S.A. §3269 (7) & §3270-A,B,C & Title 32 M.R.S.A. §2562 & 2594C
PUBLIC HEARING: Was held on Thursday, October 1, 1998 from 9:30 - 11:30 a.m.
DEADLINE FOR COMMENTS: 4:30 p.m. on Friday, October 30, 1998
AGENCY CONTACT PERSON: Randal C. Manning, Executive Director
AGENCY NAME: Maine Board of Licensure in Medicine
ADDRESS: 137 State House Station, Two Bangor Street, Augusta, ME 04333-0137
TELEPHONE: 207/287-3601

AGENCY: 05-071 - Department of Education - State Board of Education
RULE TITLE OR SUBJECT: Ch. 64, Maine School Facilities Program and School Revolving Renovation Fund
PROPOSED RULE NUMBER: 98-P224
CONCISE SUMMARY: These rules govern the application and approval process for projects to be considered through the School Revolving Renovation Fund; Facility Maintenance and Capital Improvement Programs; Maine School Facilities Finance Program and lease and lease/purchase of temporary interim space and small nonadministrative space.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A M.R.S.A. Chapter 1, 201, 219, 606, 609, 787, and 30-A M.R.S.A. Chapter 22 5.
PUBLIC HEARING: Will be held on Tuesday, October 27, 1998 from 3:00 to 5:00 p.m. in the State Office Building, Room 113, in Augusta, ME.
DEADLINE FOR COMMENTS: Written comments are requested on or before November 6, 1998. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Judith Malcolm
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
PHONE NUMBER: 207-287-5903
TDD: 207-287-2550

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual, Chapters II & III, Section 30, "Family Planning Agency Services."
PROPOSED RULE NUMBER: 98-P225
CONCISE SUMMARY: This proposed rule includes immunization services under family planning services and adds a definition for primary care providers (PCPs). Covered services are expanded to include immunizations where medically indicated and related to sexually transmitted disease. Noncovered services are changed to remove prior restrictions on the frequency of Norplant use. Reimbursement for interpreter services is enabled when providing family planning services to Medicaid recipients. Agency names are updated, and minor editing changes are included.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. §42, §3173
PUBLIC HEARING:
Date: November 4 1998
Time: 1:30 p.m.
Location: 2nd Floor Conference Room, 35 Anthony Avenue, Augusta, Me.
DEADLINE FOR COMMENTS: November 16, 1998
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514, or at 207-287-1828 (Deaf/Hard of Hearing)

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Miscellaneous Policy
PROPOSED RULE NUMBER: 98-P226
CONCISE SUMMARY: This rule:
* adds language to reinforce the Department's commitment to adhere to the American's with Disabilities act
* clarifies that Alternative Aid is for families rather than for individuals, and the family is not required to participate in a TANF orientation meeting
* treats individuals who receive adoption assistance the same way as individuals who receive SSI or Foster Care payments
* clarifies how contract income is counted.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3741
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: November 13, 1998
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Service, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948

AGENCY: 06-096 - Board of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 1000, Amendments to State of Maine Guidelines for Municipal Shoreland Zoning Ordinances.
PROPOSED RULE NUMBER: 98-P227
CONCISE SUMMARY: This rule will establish requirements to be included in local ordinances when a municipality adopts the allowable alternative to the 30% expansion limitation for non-conforming structures. It will also clarify what is considered to be an increase in nonconformity of a structure, and will also clarify that recreational boat storage buildings are not water-dependent.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §438-A(1)
PUBLIC HEARING: None scheduled. A public comment period will be established.
DEADLINE FOR COMMENTS: November 20, 1998 at 5:00 p.m.
AGENCY CONTACT PERSON: Richard P. Baker
ADDRESS: State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7730

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
PROPOSED RULE NUMBER: 98-P228
CONCISE SUMMARY: This policy proposes to adopt the maximum Transitional Child Care income guidelines and fee assessment schedule which became effective October 1, 1998 through September 30, 1999 through emergency rulemaking procedures.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3741
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: November 13, 1998
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948

AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 26, Sea Urchin Research Conservation Areas
PROPOSED RULE NUMBER: 98-P229
CONCISE SUMMARY: The Department and the Sea Urchin Zone Council propose to close six 300 meter (328 yard) square areas coastwide that have been overharvested of sea urchins to study the rate and nature of sea urchin recovery. The proposed areas would be located off East Point, York; Seal Head Point, York; Schoodic Point, Winter Harbor; Pemaquid Point, South Bristol; Outer Ram Island, Beals and Sea Duck Rock, Addison.

RULE TITLE OR SUBJECT: Ch. 90, Conservation Areas, Waldo County
PROPOSED RULE NUMBER: 98-P230
CONCISE SUMMARY: The conservation areas located in Jones and Mill Creeks, Little Broad Cove and Crow Cove in the town of Islesboro are proposed to be repealed. Efforts by the town to improve shellfish productivity in those locations have been unsuccessful; therefore the conservation areas are no longer considered justifiable.

RULE TITLE OR SUBJECT: Ch. 25, Monhegan Island Lobster Conservation Area, Open Season
PROPOSED RULE NUMBER: 98-P231
CONCISE SUMMARY: The Commissioner is sending to rule-making the required recommendation from the Monhegan Island Lobster Conservation Area Local Committee for the 180 day 1998-1999 open lobster fishing season. This regulation conforms to 12 M.R.S.A. §6472.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. §6171 and §6472
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, November 13, 1998
AGENCY CONTACT PERSON: Dan Morris
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9595

ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 257, Schedule of Charges of the Diagnostic Laboratory of the Department of Human Services (Amendments)
ADOPTED RULE NUMBER: 98-419
CONCISE SUMMARY: These amendments to the existing rule:
* Add the Congenital Adrenal Hyperplasia (CAH) test to the newborn screening panel to be consistent with a rule change of the Newborn Screening Program as recommended by the Newborn Screening Advisory Committee and adjust the fee to cover the additional cost.
* Revise the test listings to eliminate redundancies and inconsistencies.
* Add new specific methodologies, diagnostic and environmental tests as mandated by state and federal laws/regulations and establish specific fees to cover these costs.
* Retain the existing hourly rate for testing services.
* Adjust some other fees upward or downward to reflect costs and changes in methodologies.
EFFECTIVE DATE: October 9, 1998
AGENCY CONTACT PERSON: John A. Krueger
AGENCY NAME: Health & Environmental Testing Laboratory
ADDRESS: 221 State Street, # 12, Augusta 04333
TELEPHONE: 287-2727
TTY# 207-897-4479

AGENCY: 16-222 - Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 1, Motor Vehicle Inspection Manual
ADOPTED RULE NUMBER: 98-420
CONCISE SUMMARY: The Motor Vehicle Inspection Manual is being amended to add the provisions of 29-A M.R.S.A. §1751 (2.A.), the Cumberland County Enhanced (emission) Inspection. Minor technical updates to the Safety Inspection are also included. Changes affect license plate lights, headlight and tail light covers and air bags. Motor homes and limited use fish and farm trucks with a G.V.W.R. over 10,000 lbs. must be inspected by a truck inspection station.
EFFECTIVE DATE: October 7, 1998
AGENCY CONTACT PERSON: Lt. Bruce Dow
AGENCY NAME: Maine State Police
ADDRESS: 20 State House Station, Augusta, ME 04333
TELEPHONE: 624-8939

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