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October 22, 1997
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: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Chapter 610, Rules for Conduct of the Teachers for Maine Program, Amendment 2
PROPOSED RULE NUMBER: 97-P210
CONCISE SUMMARY: This amendment conforms the rule to recent legislation by eliminating loans to individuals who are already teachers. In addition, the rule was changed to require that interest accrue on new loans, which is permitted by recent changes to the governing statute.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY- 10 MRSA 969-A (14), 20-A MRSA 12501 et seq.
PUBLIC HEARING: November 12, 1997, 1:00 p.m., Holiday Inn by the Bay, 88 Spring Street, Portland, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before November 12, 1997, but will be accepted on or before November 24, 1997. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Christopher H, Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
TELEPHONE:
(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: Chapter 101, Maine Medical Assistance Manual: Chapters II & III, Section 96, Private Duty Nursing & Personal Care Services
PROPOSED RULE NUMBER: 97-P211
CONCISE SUMMARY: The following changes to Chapters II & III, Sec. 96, Private Duty Nursing & Personal Care Services, are proposed: Excluding services provided to individuals under age 21, eligibility for PDN/PCS services shall be determined by the medical eligibility determination (MED) assessment and services will be prior authorized by the Department or its authorized agent. Service utilization will be authorized and monitored by the authorized Home Care Coordinating Agency. Additionally, the scope of personal care services provided by CNA's and HHA's is expanded to include essential household tasks. Reclassification procedures are revised and require a medical eligibility reassessment and prior authorization of services to occur within the timeframe of 5 days prior to and no later than the reclassification date. Chapter III proposes to increase reimbursement rates for CNA's and HHA's to $7.07 per 1/2 hour.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: 1:00 p.m., November 12, 1997, Jewett Hall, University of Maine at Augusta, Augusta, ME 04330
DEADLINE FOR COMMENTS: Written comments will be accepted through November 24, 1997
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 624-5519



AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Chapter 129, Surface Coating Facilities Regulation (Amendments)
PROPOSED RULE NUMBER: 97-P212
CONCISE SUMMARY: On March 26, 1997, the Board of Environmental Protection held a public hearing on proposed amendments to the Chapter 129 Surface Coating Facilities Regulation. The proposed revisions were intended to simplify compliance for many of the smaller surface coating facilities without reducing real environmental benefits, and included: (1) the inclusion of a diminimis threshold that would exempt smaller sources from regulation; (2) reduced recordkeeping requirements; (3) exempting facilities and providing other incentives for the use of powder coatings or other non-VOC coating technology; and (4) a number of provisions designed to increase compliance flexibility. In response to public comments. the Department is now proposing additional amendments, including: (1) The exemption of coatings used on-site for the maintenance, repair or refinishing of machinery and production equipment used on-site and not offered for sale; (2) The establishment of a procedure whereby a source reducing its emissions to less than 80% of the applicability threshold and accepts an enforceable permit restriction will be eligible for an exemption from control requirements (eliminates the "once-in-always-in" provision); (3) Exempting the use of up to 50 gallons of noncompliant coatings per year; (4) Further defining appropriate work practices for using VOC-based solvents during cleanup operations; and (5) Exempting the aerospace manufacturing sector from the control requirements of Chapter 129 since these sources are already subject to a federal maximum available control technology (MACT) requirement.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 M.R.S.A. 585 and 585-A
PUBLIC HEARING: November 12, 1997, 9:30 a.m., Holiday Inn, Augusta
DEADLINE FOR COMMENTS: November 26, 1997
AGENCY CONTACT PERSON: Jeffrey S. Crawford
AGENCY NAME: Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: 207-287-2437


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Chapter 3, Schedule of Minimum Prices - Order #97-12
PROPOSED RULE NUMBER: 97-P213
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 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 13, 1997 Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: November 13, 1997
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building, Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-148 - Maine Department of Human Services, Auditing, Contracting and Licensing Service Center
RULE TITLE OR SUBJECT: Chapter 18, Sec. 6.D, Rules for the Licensure of Residential Child Care Facilities.
PROPOSED RULE NUMBER: 97-P214
CONCISE SUMMARY: These rules are to establish standards for the operation, delivery of services and the monitoring of Residential Treatment facilities with secure capacity. These children's homes will provide mental health intensive treatment programs to children whose diagnostic assessment indicates that the persistent pattern of the child's mental health presents a likely threat of harm to self or others and requires treatment in a setting that prevents the child from leaving the program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: In accordance with 22 MRSA 8101 et seq., in conformity with 5 MRSA 8001 et seq., and in accordance with 22 MRSA 8104
PUBLIC HEARING: Monday, November 10, 1997, 2:00-4:00 p.m., Jewett Hall Auditorium, University of Maine at Augusta, 46 University Drive, Augusta, ME
DEADLINE FOR COMMENTS: November 21, 1997
AGENCY CONTACT PERSON: Sandy Dearborn
AGENCY NAME: Dept. of Human Services, ACL Service Center
ADDRESS: State House Station #11, 221 State Street, Augusta, Maine 04333
TELEPHONE: (207) 287-5060


AGENCY: 09-137 - Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Chapter 4, Hunting & Trapping (4.00 - Wildlife Management Districts)
PROPOSED RULE NUMBER: 97-P215
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to implement 30 new Wildlife Management Districts, replacing the current deer management districts, moose hunting zones, turkey hunting, zones, waterfowl hunting zones, and wildlife management units in an effort to design a zoning system that meets the management requirements for all species, while unifying boundary lines. A map detailing the new zoning system may be obtained from the agency contact person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA, Section 7035.
PUBLIC HEARINGS: None scheduled - one may be requested
DEADLINE FOR COMMENTS: November 21,1997
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #331, Public Assistance Manual (AFDC), Child Care
ADOPTED RULE NUMBER: 97-347
CONCISE SUMMARY: The Department of Human Services will provide transitional child care (TCC) services to families who lose their eligibility for TANF as a result of increased earnings or an increase in the number of hours worked and whose gross income is equal to or less than 85% of the State's median income for a family of comparable size. The family will pay a premium of 2% to 10% of gross income, based on the family's gross income compared to the State's median income level. The Department will establish maximum rates for child care that are at least equal to the 75th percentile of local market rates for various categories of child care. This rule removes the 12 month limitation on TCC services.
EFFECTIVE DATE: October 14, 1997
AGENCY CONTACT PERSON: Rose Masure, AFDC Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #332, Medicaid Eligibility Manual - Asset Limit for TANF Recipients
ADOPTED RULE NUMBER: 97-348
CONCISE SUMMARY: The asset limit for Medicaid eligibility for TANF recipients is increasing from $1,000 to $2,000. This change makes Medicaid rules for TANF recipients consistent with the rules for a cash benefit under TANF.
EFFECTIVE DATE: October 14, 1997
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid 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
TTY: (207) 287-6948


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Chapter 307, Maine Seed Capital Tax Credit Program
ADOPTED RULE NUMBER: 97-349
CONCISE SUMMARY: The proposed amendment changes the existing rule to make it consistent with several recent changes to the statute governing the program and to make credits more widely available. Material changes include: deletion of references to job opportunity zones and reservations of credits to businesses within such zones; creation of a discretionary reservation of credits for natural resource enterprises; allowance of credits for additional investments made by persons previously receiving credits; and expanding eligibility for credits to certain family members of principal owners.
EFFECTIVE DATE: October 14, 1997
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
TELEPHONE:
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)


AGENCY: 16-222 - Bureau of Maine State Police

CHAPTER NUMBER AND TITLE: Chapter 4, Motor Carrier Safety Rules
ADOPTED RULE NUMBER: 97-352
CONCISE SUMMARY These rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the safe operations of motor carriers as found in 49 Code of Federal Regulations Parts 40, 382, 390, 391, 392, 393, 395 and 396.

CHAPTER NUMBER AND TITLE: Chapter 6, Transportation of Hazardous Materials
ADOPTED RULE NUMBER: 97-353
CONCISE SUMMARY These rules prescribe the requirements of the Department of Public Safety governing the transportation of hazardous materials in commerce as found in 49 Code of Federal Regulations Parts 107, 171, 172, 173, 174, 177, 178, 179, 180, 387 and 397.

EFFECTIVE DATE: November 17, 1997
AGENCY CONTACT PERSON: Lt. Bruce Dow
AGENCY NAME: Maine State Police
ADDRESS: 20 State House Station, Augusta, ME 04333
TELEPHONE: 624-8939


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