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October 21, 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: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 511, Reduction of Accidental Death Benefits Because of Benefits Received by the Surviving Spouse or Dependent Children under Workers' Compensation or Other Laws
PROPOSED RULE NUMBER: 98-P232
CONCISE SUMMARY: This rule sets forth the methodology by which monthly Maine State Retirement System accidental death benefits payable to a surviving spouse, a dependent child or dependent children are reduced when such an individual receives a lump-sum settlement of benefits under the Workers' Compensation or similar law.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 3 M.R.S.A. 856; 4 M.R.S.A. 1356; 5 M.R.S.A. 18005(2); 18605(2)
PUBLIC HEARING: November 12, 1998, 10:00 a.m., Maine State Retirement System Conference Room, Two Central Plaza, Corner Capitol & Sewall Streets, Augusta, Maine
DEADLINE FOR COMMENTS: November 23,1998
AGENCY CONTACT PERSON:
NAME: Gail Drake Wright, Chief Deputy
ADDRESS: #46 State House Station, Augusta, Maine 04333
PHONE 207-287-3461 or 1-800-451-9800

AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 101, Standard Interest Rate
PROPOSED RULE NUMBER: 98-P233
CONCISE SUMMARY: This rule establishes the standard interest rate pursuant to 36 M.R.S.A. 186 that is charged against unpaid taxes and paid by the State on overpayment of taxes. The interest charged on outstanding county taxes cannot exceed this rate of interest (36 M.R.S.A. 892-A). The interest rate is being lowered by one percentage point, from 10% to 9%.
THIS RULE WILL NOT HAVE FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: Title 36 M.R.S.A. 186
PUBLIC HEARING: None scheduled or anticipated.
DEADLINE FOR COMMENTS: November 25,1998
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2076.


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 609, ASPIRE-JET PROGRAM RULES #1-P
PROPOSED RULE NUMBER: 98-P234
CONCISE SUMMARY: ASPIRE-JET Program rules pertain to the operation of- the state's employment and training program for food stamp recipients (as differentiated from ASPIRE-TANF which provides job related services to TANF recipients). Existing rules are being repealed and are being replaced by the proposed rule. Major changes have occurred in federal law which shift the priority for program services to food stamp recipients who are able bodied adults without dependents (known as ABAWDS). In addition, the rules are being adjusted so there is more procedural conformance with ASPIRE-TANF rules, and program terminology is being updated.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104; Food Stamp Act of 1977; Personal Responsibility and Work Opportunity Reconciliation Act of 1996; Balanced Budget Act of 1997
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: November 20, 1998
AGENCY CONTACT PERSON: David Lanman, Special Projects Manager, Department of Human Service, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-2637
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 01-105 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #98-12
PROPOSED RULE NUMBER: 98-P235
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order 41 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., Thursday, November 12, 1998 Deering Building - Hospital Street Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: November 12.1998
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building-Station 28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 510, Reduction of Disability Retirement Benefits Because of Disability Benefits Received Under Other Laws
PROPOSED RULE NUMBER: 98-P236
CONCISE SUMMARY: This rule sets forth the methodology by which monthly Maine State Retirement System disability retirement benefits are reduced when the individual receiving such benefits also receives a lump-sum settlement of benefits under the Workers' Compensation or similar law or the United States Social Security Act for the same disability.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 3 M.R.S.A. 853; 4 M.R.S.A. 1353(6); 5 M.R.S.A. 17906(2)(D); 17930(4)(D); 18506(2)(D); 18530(4)(D); 1122(5-A) and 1122(6)
PUBLIC HEARING: November 12, 1998, 10:00 a.m., Maine State Retirement System Conference Room, Two Central Plaza, Corner Capitol & Sewall Streets, Augusta, Maine
DEADLINE FOR COMMENTS: November 23,1998
AGENCY CONTACT PERSON:
NAME: Gail Drake Wright, Chief Deputy
ADDRESS: #46 State House Station, Augusta, Maine 04333
PHONE 207-287-3461 or 1-800-451-9800


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 323, General Assistance Policy Manual - 8E
ADOPTED RULE NUMBER: 98-423
CONCISE SUMMARY: This rule clarifies existing policy and makes a change in the Interim Assistance Reimbursement Program. When a client does workfare for the municipality while receiving General Assistance and waiting for a decision on their SSI retroactive payment, the municipality needs to give a monetary hourly value to the workfare performed. The value of the workfare is subtracted from the General Assistance received before the Department and municipality are repaid for the General Assistance that was paid on behalf of the client.
EFFECTIVE DATE: September 1, 1998
AGENCY CONTACT PERSON: Cindy Boyd, General Assistance Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual (MMAM) - Ch. VIII, Section 1, Maine Children's Health Insurance Program, Cub Care
ADOPTED RULE NUMBER: 98-425
CONCISE SUMMARY: This rule establishes Chapter VIII, Maine Children's Health Insurance Program, Section 1, Cub Care in the Maine Medical Assistance Manual. Effective August 1, 1998, children who live in families with income between 150% and 185% of the federal poverty level may be eligible to enroll in Cub Care. This is a children's health insurance program that is available to low income working families for a nominal premium of from $5 to $15 per month for one child and from $10 to $30 per month for two or more children depending on the family income. Simply obtain an application and mail it to your regional DHS office. Once found eligible, the child(ren) will be enrolled for a six month period. Reapplication is required for subsequent six month periods.
EFFECTIVE DATE: September 19, 1998
AGENCY CONTACT PERSON: Maurice Gagnon, Medical Care Administrator
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Medical Services, Policy Development, 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
TTY (207) 287-1828, 1-800-423-4331 for deaf and hard of hearing


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