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October 16, 2002
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: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 15, Batterer Intervention Program Certification
PROPOSED RULE NUMBER: 2002-P266
CONCISE SUMMARY: The proposed revisions to the procedures and standards governing the certification and monitoring of Batterer Intervention Programs reflect the results of the 2002 biannual review.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 19-A MRSA 4014
PUBLIC HEARING: Thursday, November 7, 2002 from 1 p.m. -3 p.m. in the Maine Department of Corrections Conference Room in the Tyson Building (Third Floor) at the Augusta Mental Health Office Complex in Augusta, Maine.
DEADLINE FOR COMMENTS: November 18, 2002
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF)-TANF Reviews - Rev. #66-P
PROPOSED RULE NUMBER: 2002-P267
CONCISE SUMMARY: All TANF recipients must have eligibility for continued assistance re-determined periodically. This policy proposes to change the re-determination process for determining continued eligibility for TANF assistance.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741-3762
PUBLIC HEARING: None scheduled unless requested by 5 or more persons.
DEADLINE FOR COMMENTS: November 22, 2002
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: State Plan for Title IV-A Block Grant
PROPOSED RULE NUMBER: 2002-P268
CONCISE SUMMARY: The Department of Human Services, Bureau of Family Independence announces that the TANF State Plan is available for review and comment at: Department of Human Services, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741-3762
PUBLIC HEARING: None scheduled, unless requested by 5 or more persons.
DEADLINE FOR COMMENTS: December 9, 2002
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Human Services Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 11.20(B), Scallop fishing in the Kittery Area - Drag Limits
PROPOSED RULE NUMBER: 2002-P269
CONCISE SUMMARY: This proposed rulemaking would require that the maximum size drag or combination of drags, on any fishing vessel fishing for scallops, within Maine's territorial waters west of a line drawn from the Horn at the tip of Cape Neddick, to Boon Island Light, to the Boon Island Ledge Whistle, then to the intersection of the 3-mile limit on a magnetic bearing of 104 degrees, not exceed 5 feet 6 inches in width.
STATUTORY AUTHORITY: 12 MRSA 6171

RULE TITLE OR SUBJECT: Ch. 11.20(A), Scallop fishing in the Kittery Area - Season
PROPOSED RULE NUMBER: 2002-P270
CONCISE SUMMARY: The proposed rulemaking would prohibit scallop fishing in the Kittery area during the month of December, within Maine's territorial waters, west of a line drawn from the Horn at the tip of Cape Neddick, to Boon Island Light, to the Boon Island Ledge Whistle, then to the intersection of the 3-mile limit on a magnetic bearing of 104 degrees.
STATUTORY AUTHORITY: 12 MRSA 6171, 6171-A

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: Monday, November 4, 2002, 7:00 p.m., R. W. Traip Academy Cafeteria, 12 Williams Avenue, Kittery (Directions: From 1-95: About 5 miles south of the York Toll Plaza, take Exit 2 (Kittery/South Berwick) to Rt. 236. Turn right. Cross over the Interstate heading to the Kittery Traffic Circle (3/10th miles). Drive halfway around the circle; turn right after the Dairy Queen. Travel 1-mile then turn right after Osco Drug Store. Take 3rd left (2/10th miles), Williams Avenue, the school is on the right.)
DEADLINE FOR COMMENTS: Thursday, November 14, 2002
AGENCY CONTACT PERSON: Terry Stockwell
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9556
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, please contact Breena Whitcomb, at (207) 6124-6567.


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 2, Rules Concerning the Processing of Applications and Other Administrative Matters (Repeal and Replace)
PROPOSED RULE NUMBER: 2002-P271
CONCISE SUMMARY: In 1994, the Department substantially revised the rules governing the processing of applications, appeals, and many other administrative activities. The Department is now proposing to repeal and replace Ch. 2 to incorporate changes to the overall organization of the rule as well as many minor and major amendments to the rule. Additionally, the Department conducted an evaluation of the use of Alternative Dispute Resolution as required 5 MRSA 8051, incorporating methods to utilize this tool as appropriate related to the appeals process before the Board of Environmental Protection. Copies of this rule are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 341-D(1-B), and 5 MRSA 8051
PUBLIC HEARING: November 7, 2002, 1:30 p.m., Holiday Inn, Augusta Maine
DEADLINE FOR COMMENTS: December 7, 2002
AGENCY CONTACT PERSON: Brooke E. Barnes
AGENCY NAME: Department of Environmental Protection, Office of the Commissioner
ADDRESS: #17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2811


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II, Section 14, Advanced Practice Registered Nursing Services
PROPOSED RULE NUMBER: 2002-P272
CONCISE SUMMARY: These rule changes clarify the use of billing modifiers for A.P.R.N. services. The proposed rules also clarify that A.P.R.N.s must meet all applicable service and procedure requirements of MBM, Ch. II, Section 90, Physician's Services. Rule changes also contain other clarifications, organizational changes, minor edits, technology changes and updates. Some sections that are covered in Ch. I are removed from this chapter.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: November 5, 2002, 1:30 p.m., Department of Human Services, 442 Civic Center Drive, Augusta, Maine
DEADLINE FOR COMMENTS: November 18, 2002
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: BMS, Division of Policy and Provider Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 65-207 - Public Utilities Commission
RULE TITLE OR SUBJECT: Amendment to Uniform Information Disclosure Rule (Ch. 306)
PROPOSED RULE NUMBER: 2002-P273
CONCISE SUMMARY: This chapter contains requirements for competitive electricity providers to disclose price, contract, resource mix, and emissions information to customers in a uniform format. The chapter also contains requirements for informational filings by competitive providers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 1301, 3203(3); P.L. 1997, ch. 316, 4, Resolves 1999, ch. 34.
PUBLIC HEARING: November 7, 2002, 1:30 p.m., Public Utilities Commission
DEADLINE FOR COMMENTS: November 20, 2002
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 90-429 - Board of Licensure of Water Treatment Plant Operators
RULE TITLE OR SUBJECT: Ch. 1, Rules Relating to the Licensure of Water Treatment and Distribution System Operators
PROPOSED RULE NUMBER: 2002-P274
CONCISE SUMMARY: The changes to the Rules Relating to the Licensure of Water Treatment and Distribution System Operators for Public Water Systems involve updating the rule format to comply with Federal Guidelines.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 2628
PUBLIC HEARING: November 8, 2002: 1:00 p.m. to 3:00 p.m. at the Bureau of Health - 161 Capitol St.
DEADLINE FOR COMMENTS: November 22, 2002
AGENCY CONTACT PERSON: Roger Crouse or Ebrahim Habib
AGENCY NAME: Drinking Water Program
ADDRESS: 10 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-5684 / (207) 287-6471
TDD: (207) 287-2070


ADOPTIONS

AGENCY: 14-472, Department of Behavioral and Developmental Services, Bureau of Children with Special Needs
CHAPTER NUMBER AND TITLE: Ch. 3, Regulations Governing Timeliness Standards for In-Home Behavioral Health and Case Management Services under Medicaid
ADOPTED RULE NUMBER: 2002-375
CONCISE SUMMARY Pursuant to a settlement agreement reached in Risinger, the Department is responsible for promulgating a rule to implement the timeliness standards contained therein which relate to the provision of in-home behavioral health services and case management services.
EFFECTIVE DATE: October 9, 2002
AGENCY CONTACT PERSON: Nancy Christensen
AGENCY NAME: Behavioral and Developmental Services
ADDRESS: 40 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7368


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, Medicaid Eligibility Manual - Transfer of Assets and Residential Care
ADOPTED RULE NUMBER: 2002-376
CONCISE SUMMARY: If an individual or spouse has transferred assets without getting reasonable compensation, help with the cost of room and board for Residential Care will be denied for a period of time.
EFFECTIVE DATE: October 12, 2002
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY NAME: Department of Human Services Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Furbearing Animals (Beaver Trapping Closures)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: Ch. 4.01 (G.1 and l.b.)
ADOPTED RULE NUMBER: 2002-379
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing season dates and 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 13, 2002
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201


AGENCY: 03-201 - Maine Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10, subsection 6.6, Payment of Restitution or Fines
ADOPTED RULE NUMBER: 2002-380
CONCISE SUMMARY: The Maine Department of Corrections is adopting a proposal to revise the existing policy, procedures, and rules governing Payment of Restitution or Fines pursuant to 17-A MRSA, section 1330 and 34-A MRSA, section 3035, 3809-A, and 4111 is to reflect organizational and- operational changes.
EFFECTIVE DATE: October 13, 2002
AGENCY NAME: 03-201 - Maine Department of Corrections
AGENCY CONTACT PERSON: Ellis King
ADDRESS: State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.95(1)(13)(2)(a), Monhegan Island Lobster Conservation Area, Open Season
ADOPTED RULE NUMBER: 2002-381
CONCISE SUMMARY: The Monhegan Island Lobster Conservation area, 180 day 2002-2003 open lobster fishing season, will begin December 1, 2002 and end May 29, 2003. This regulation conforms to 12 MRSA 6472.
EFFECTIVE DATE: October 13, 2002
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


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