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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) 624-7650
FAX (207) 287-6545

October 17, 2001
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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - TCC Guidelines
PROPOSED RULE NUMBER: 2001-P249
CONCISE SUMMARY: This policy proposed to adopt the maximum Transitional Child Care income guidelines and fee assessment schedule which become effective October 1, 2001 through September 30, 2002.
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 16, 2001
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: (207) 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 351, Maine Child Support Enforcement Manual
PROPOSED RULE NUMBER: 2001-P250
CONCISE SUMMARY: This rule change is required to implement P.L. 2001, c. 264, An Act to Improve Child Support Services, which changes how child support obligations are calculated. The Department of Human Services did the federally required 4-year review of the child support guidelines. The law changed how the cost of health insurance affects child support, increased the extraordinary medical expenses to $250.00 per year, and created a self-support reserve for low income obligors. A new Child Support Table was developed because of the review. The Manual has also been updated to reflect the recodification of family law from Title 19 to Title 19-A. A copy can be gotten from Debby Willis at the address below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8051, 19-A MRSA 2001, 2004, 2201, 2202, 2304, 2308, 2370, and 2451; Title IV-D of the Social Security Act (42 USC 651-669(a)), and Ch. III, Title 45 of the Code of Federal Regulations
PUBLIC HEARING: November 7, 2001 at 9:00 a.m. at the DHS Office on Whitten Road, Augusta
DEADLINE FOR COMMENTS: November 21, 2001
AGENCY CONTACT PERSON: Debby Willis, Legal Counsel, Division of Support Enforcement and Recovery, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5095
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 202, Tree Growth Tax Law Valuations - 2002
PROPOSED RULE NUMBER: 2001-P251
CONCISE SUMMARY: This rule fulfills the requirement that the Executive Director annually establish the 100% valuations per acre for each forest type by economic region for parcels classified under the Tree Growth Tax Law. This rule is applicable for tax year 2002.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 36 MRSA 576
PUBLIC HEARING: November 6,2001, 10:00 a.m., 14 Edison Drive, Augusta, Maine
DEADLINE FOR COMMENTS: November 16, 2001
AGENCY CONTACT PERSON: Larry Record, Director
ADDRESS: Property Tax Division, P.O. Box 9106, Augusta, Maine 04332-9106
PHONE NUMBER: (207) 287-2013


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 111, Substance Abuse Treatment Services
ADOPTED RULE NUMBER: 2001-423
CONCISE SUMMARY: This final rule requires eligible providers of substance abuse treatment services to hold a valid contract with the Office of Substance Abuse (OSA), Department of Behavioral and Developmental Services, formerly the Department of Mental Health, Mental Retardation and Substance Abuse Services. OSA will contract with any licensed agency able to meet standard OSA contract requirements. Other changes have also been made deleting Non-Residential Rehabilitation Services, adding Intensive Outpatient Services and new medical eligibility criteria. Ch. III reflects a new rate structure for providers effective with dates of services on or after October 12, 2001.
EFFECTIVE DATE: October 12, 2001
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) 321-5567, option 1
TTY: (207) 287-1828, 1 (800) 423-4331


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 22, Retroactive Telephone Inter-Company Settlements
ADOPTED RULE NUMBER: 2001-428
CONCISE SUMMARY: The Commission instituted this rule-making to repeal Ch. 22 of the Commission's Rules (65-407 CMR 22), Retroactive Telephone Inter-Company Settlements
EFFECTIVE DATE: October 14, 2001
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-1396


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

TYPE OF RULE: Motorsize Restrictions on Certain Inland Waters
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Regulations
ADOPTED RULE NUMBER: 2001-429
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing a motorsize restriction on Webber Pond (also known as Muscongus Pond) in the town of Bremen, Lincoln County. Motorboats with more than 10 horsepower will be prohibited on these bodies of water.

RULE TITLE: Upland Game and Furbearing Animals (Beaver Trapping Closures)
CHAPTER NUMBER: Ch. 4.01(G)(l)(b)
ADOPTED RULE NUMBER: 2001-430
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 14, 2001
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: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 204, Basic-Service Calling Area
ADOPTED RULE NUMBER: 2001-431
CONCISE SUMMARY: This chapter establishes the criteria and the procedures that the Commission, Local Exchange Carriers and others who provide telephone service in Maine, will follow to establish and change basic-service calling areas.
EFFECTIVE DATE: October 14, 2001
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-1396


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