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October 20, 1999
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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45.24, Shrimp, Reporting of catch
PROPOSED RULE NUMBER: 99-P214
CONCISE SUMMARY: All fishers for northern shrimp using a Maine shrimp license will be required to fill out a trip log for each fishing trip in which shrimp are landed. Eligibility for obtaining a Maine shrimp license in the future will be conditional upon completion and submission of these trip logs to the State of Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARINGS:
Monday, Nov. 8, 1999, 2 p.m., DMR, McKown Pt. Rd., W. Boothbay Hbr., Large Conf. Room
Tuesday, Nov. 9, 1999, 7 p.m., Sheraton Hotel, 363 Main Mall Road, South Portland,
DEADLINE FOR COMMENTS: November 19, 1999
AGENCY CONTACT PERSON: Daniel F. Schick
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, ME 04575
TELEPHONE: (207) 633-9500


AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 805, Composite Filing
PROPOSED RULE NUMBER: 99-P215
CONCISE SUMMARY: Rule 805 establishes procedures for filing of composite income tax returns of partnerships, S corporations, and other entities on behalf of their partners or shareholders. The rule is being amended (1) to broaden the definition of "eligible person" to include Electing Small Business Trusts; (2) to clarify the method of apportionment of entity income to Maine; (3) to stipulate that "entity" includes estates, trusts, limited partnerships, limited liability partnerships, and certain limited liability companies; (4) to permit the State Tax Assessor to reserve the right to require an eligible person who was included in a composite return to file an individual nonresident return; (5) to clarify that an eligible person included in a composite return can claim the appropriate share of the entity's business tax credits; (6) to permit partners or shareholders involved in tiered partnerships to be included in the composite return; and (7) to make minor editorial changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 36 MRSA 112
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: December 20, 1999
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-6243


AGENCY: 16-163 - Emergency Medical Services
RULE TITLE OR SUBJECT: Ch. 451, Maine Emergency Medical Services Systems Rules
PROPOSED RULE NUMBER: 99-P216
CONCISE SUMMARY:
Makes rules consistent with statute and EMS protocol with regards to definitions, licensing requirements, minimum equipment requirements, and scopes of practice.
Clarifies types of EMS services that are licensed by the Board and the regional medical director's role in the licensing process.
Establishes rules for service level quality assurance and quality improvement
Streamlines the continuing education process for licensees
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA, Chapter 2-B, 81.1 et seq.
PUBLIC HEARINGS:
Monday, Nov. 8,1999 - Fairfield - Kennebec Valley Technical College, Carter Hall - 6:30 p.m.
Monday, Nov. 8, 1999 - Calais - Washington County Technical College, Lecture Hall - 6:30 p.m.
Wednesday, Nov. 10, 1999 - Bangor - Eastern Maine Technical College, Mathieu Hall - 6:30 p.m.
Wednesday, Nov. 10, 1999 - Lewiston - Central Maine Medical Center, Conference Ctr - Room C -6:30 p.m.
Friday, Nov. 12, 1999 - Rockport - Samoset Resort, PenBay Room - 7:00 p.m.
Tuesday, Nov. 16, 1999 - South Portland - Southern Maine Technical College, Jewett Auditorium, Bldg 13, 6:30 p.m.
Tuesday, Nov. 16, 1999 - Presque Isle, Northern Maine Technical College Auditorium - 6:30 p.m.
DEADLINE FOR COMMENTS: November 26, 1999
AGENCY CONTACT PERSON: Drexell White
AGENCY NAME: ADDRESS: Maine Emergency Medical Services, 16 Edison Drive Augusta, ME 04330
TELEPHONE: (207) 287-3953
FAX: (207) 287-6251


AGENCY: 02-381 - Department of Professional and Financial Regulation, Oil and Solid Fuel Board
RULE TITLE OR SUBJECT: Ch. 9, Installation of Oil Burning Equipment
PROPOSED RULE NUMBER: 99-P217
CONCISE SUMMARY: Chapter 9-10.10 of the rule is being amended to extend the date that unprotected oil supply lines that are buried and grouted must be removed from service from February 21 2000 to September 1, 2000 in order for the Board to educate consumers about the rationale for and the fiscal impact of the requirement.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 M.R.S.A. 2313, 2353 and 2402
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR WRITTEN COMMENTS: November 30, 1999
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207)624-8605


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Policy # 107-A
ADOPTED RULE NUMBER: 98-427
CONCISE SUMMARY: Income from Alternative Aid, Emergency Assistance, and matching awards for Savings for Success accounts will not effect Food Stamps. There is a twelve (12) month limit in which the Department can restore benefits. Medical expenses related to special diets will not be allowed.
EFFECTIVE DATE: October 12, 1999
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.95(l)(B)(2)(a), Monhegan Island Lobster Conservation Area, Open Season
ADOPTED RULE NUMBER: 99-428
CONCISE SUMMARY: The Monhegan Island Lobster Conservation Area, 180 day 1999-2000 open lobster fishing season, will begin December 1, 1999 and end May 28, 1999. This regulation conforms to 12 M.R.S.A. 6472.
EFFECTIVE DATE: October 12, 1999
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE/TANF Program Rules - Policy # 10-A
ADOPTED RULE NUMBER: 99-433
CONCISE SUMMARY: The final rule that governs key provisions of the TANF program (of which the ASPIRE-TANF Program is a part), as published by the U.S. Department of Health and Human Services, is effective October 1, 1999. This final rule has provisions that must be included in the ASPIRE-TANF Program Rules, including, but not limited to, the following:
individuals receiving TANF assistance who are not otherwise exempted from participation in the ASPIRE-TANF Program must be involved in work activities for a minimum of thirty (30) hours per week
above twenty (20) hours per week, the following 3 activities may also count as participation: job skills training directly related to employment; education directly related to employment; and high school/GED attendance
a single custodial parent or caretaker relative with a child under age six will count as engaged in work if she or he participates for at least an average of twenty (20) hours per week
definitions for "appropriate child care"; "reasonable distance" (to and from child care); "affordable child care"; and "unsuitable child care" are included in ASPIRE-TANF Program Rules
In addition, the 119th Legislature has passed a law which affects hours of participation in the Parents as Scholars program after the first 24 months, and allows a choice of options for PaS participants.
EFFECTIVE DATE: October 1, 1999
AGENCY CONTACT PERSON: Stephen W. Telow, ASPIRE Coordinator, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-3309


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