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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 18, 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: 19-499 - Department of Economic and Community Development, Office of Business Development
RULE TITLE OR SUBJECT: Ch. 302, Micro-enterprise Initiative Fund
PROPOSED RULE NUMBER: 2000-P153
CONCISE SUMMARY: The Maine Micro-enterprise Initiative is a program designed to provide grants for community based non-profit organizations to provide technical and training assistance to businesses employing less than 10 people. The purpose of the rule is to define the criteria and proposal process for applications to the fund. Based on comments during comment period, DECD is reopening the comment period on this rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13058(3) and 5 MRSA 13063-D-H.
PUBLIC HEARING: Held August 15, 2000
DEADLINE FOR COMMENTS: November 17, 2000
AGENCY CONTACT PERSON: Peggy Schaffer
AGENCY NAME: Department of Economic and Community Development
ADDRESS: 59 State House Station, Augusta, ME 04333
E-MAIL: peggy.schaffer@maine.gov
TELEPHONE: 287-8480


AGENCY: 94-457 - Finance Authority of Maine

RULE TITLE OR SUBJECT: Ch. 607, Amendment 4: Access to Medical Education and Health Professions Loan Programs
PROPOSED RULE NUMBER: 2000-P227
CONCISE SUMMARY: The proposed amendment removes the requirement that the Authority consider the Family Contribution when determining the financial need of individuals applying for a Health Professions Program Loan who are over 30 or have been independent for five years. Instead the Authority will consider only the financial need of those applicants. Amendments are also proposed to the interest rate to be charged on loans being repaid to index them based on the rate charged to borrowers under the federal Stafford loan program.
STATUTORY AUTHORITY: 10 MRSA 961, P.L.1999, Ch.496, 20-A MRSA Ch. 426

RULE TITLE OR SUBJECT: Ch. 612 - Maine Dental Education Loan and Loan Repayment Programs
PROPOSED RULE NUMBER: 2000-P228
CONCISE SUMMARY: This Chapter implements the dental education loan and loan repayment program enacted by PL 1999, Ch. 496. It establishes priorities for loans and loan repayment agreements and criteria for loan repayment and forgiveness.
STATUTORY AUTHORITY: 10 MRSA 961 and implements the dental education loan program enacted by PL 1999, Ch. 496.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: 11:00 a.m., November 9, 2000, Holiday Inn By the Bay, Portland, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before November 9, 2000, but will be accepted on or before November 20, 2000. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON:
Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 130, Section 1, Maine Rx Program
PROPOSED RULE NUMBER: 2000-P229
CONCISE SUMMARY: This new rule implements the legislatively mandated Maine Rx Program. The program allows Maine residents enrolled in the Program to purchase drugs at reduced cost.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 254-B
PUBLIC HEARING: November 8, 2000 at 1:00 p.m., Kennebec-Penobscot Room, Augusta Civic Center, 76 Community Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: November 20, 2000
AGENCY CONTACT PERSON: Marianne Ringel, Comprehensive Health Planner
AGENCY NAME: Policy Development Unit, Bureau of Medical Services
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333
TELEPHONE: 207-624-5518
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 100, Psychological Services.
PROPOSED RULE NUMBER: 2000-P230
CONCISE SUMMARY: Revisions to this rule include increased rates as mandated by the legislature and inclusion of chronic pain management as a covered service.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Resolve 1999, Ch. 73 1-3
PUBLIC HEARING: November 7, 2000 at 1:00 p.m., Large 1st-floor Conference Room, Bureau of Medical Services, 35 Anthony Avenue, Augusta, Maine 04333-0011
DEADLINE FOR COMMENTS: November 17, 2000
AGENCY CONTACT PERSON: Robert Gross, Comprehensive Health Planner
AGENCY NAME: Policy Development Unit, Bureau of Medical Services
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333
TELEPHONE: 207-624-5528
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. II & III, Section 80, Pharmacy Services.
PROPOSED RULE NUMBER: 2000-P231
CONCISE SUMMARY: Revisions to this rule include, but are not limited to, allowing out of state pharmacies to provide certain drugs, requirement of prior authorization consistent with medical necessity for drugs of manufacturers who do not participate in the Maine Rx Program, reduction in maximum supply of non-generic drugs to 34 days, clarification of certain drug coverage provisions, elimination of outdated appendices and elimination of chapter III.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: November 8, 2000 at 3:00 p.m., Kennebec-Penobscot Room, Augusta Civic Center, 76 Community Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: November 20, 2000
AGENCY CONTACT PERSON: Marianne Ringel, Comprehensive Health Planner
AGENCY NAME: Policy Development Unit, Bureau of Medical Services
ADDRESS: 11 State House Station 35 Anthony Avenue Augusta, Maine 04333
TELEPHONE: 207-624-5518
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting (4.06 Wild Turkey Hunting Season)
PROPOSED RULE NUMBER: 2000-P232
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule amending the wild turkey hunting season as follows: amend the hunting zone by adding Wildlife Management Districts 12 and 27; these are in addition to WMDs 15, 16, 17, 20, 21, 22, 23, 24, 25, and 26; establishing a split season to occur as follows: Season A: May 1 - May 5, 2001 and May 21 - May 28, 2001 and Season B: May 7 - May 19, 2001; and increasing the number of turkey hunting permits to 7,000; 3,500 in each season. A detailed copy of the proposed rule may be obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA 7035, 7468
PUBLIC HEARING: November 8, 2000, 6:30 p.m. - Augusta Civic Center (Lincoln/Oxford Room).
DEADLINE VOR COMMENTS: November 20, 2000
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201
E-MAIL: andrea.erskine@maine.gov


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 202, Tree Growth Tax Law Valuations - 2001
PROPOSED RULE NUMBER: 2000-P233
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 2001.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 36 MRSA 576
PUBLIC HEARING: November 8, 2000, 10:00 a.m., 14 Edison Drive, Augusta, Maine
DEADLINE FOR COMMENTS: November 20, 2000
AGENCY CONTACT PERSON: Larry Record, Director
ADDRESS: Property Tax Division, PO Box 9106, Augusta, Maine 04332-9106
PHONE NUMBER: (207) 287-2013


ADOPTIONS

AGENCY: 14-193 - Department of Mental Health, Mental Retardation, and Substance Abuse Services, Bureau of Mental Health
CHAPTER NUMBER AND TITLE: Ch. 40, Review of Requests for Specialized Out-of-State Treatment
ADOPTED RULE NUMBER: 2000-438
CONCISE SUMMARY Through this rule, a method is established to ensure fair, timely, accountable and cost effective access to out-of-state mental health treatment for adults. Eligibility criteria for specialized out-of-state treatment and how to request authorization are established.
EFFECTIVE DATE: October 8, 2000
AGENCY CONTACT PERSON: Nancy Christensen
AGENCY NAME: DMHMRSAS
ADDRESS: SHS 40, Augusta ME 04333
TELEPHONE: 207/287-7368


AGENCY:
10-144 - Department of Human Services
10-148 - Bureau of Child and Family Services
10-149 - Bureau of Elder and Adult Services

CHAPTER NUMBER AND TITLE: Ch. 551, Home Based Care Act Rules
ADOPTED RULE NUMBER: 2000-441
CONCISE SUMMARY: These rules will replace the July 25, 2000, emergency repeal of Chapter 551, Home Based Care Act rules of the Bureau of Maine's Elderly and the Bureau of Social Services of the Department of Human Services. Chapter 551 was originally a joint rule of those two bureaus and the Bureau of Rehabilitation Services of the Department of Labor. When administration of the Consumer Directed Personal Care Assistant Services Program was transferred to the Bureau of Elder and Adult Services (successor to Bureau of Maine's Elderly) in 1998, the Department of Labor repealed 12-152, Chapter 551 as required. The Department of Human Services inadvertently omitted accomplishing the required repeal of 10-144, Chapter 551 and 10-148, Chapter 551 at that time. This correction of that omission eliminates confusion and clarifies governance of the state funded Home Based Care Program. The rules governing the state funded Home Based Care Program are currently in Sections 63 and 73 in 10-149 Chapter 5, Bureau of Elder and Adult Services Policy Manual. The Bureau of Child and Family Services (successor to Bureau of Social Services) has no role in administration of the Home Based Care Program.
EFFECTIVE DATE: October 10, 2000
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5335. Toll free: 1 (800) 262-2232
TOLL FREE TTY: 1 (888) 720-1925


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