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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 24, 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

04-061
Department of Conservation
MAINE LAND USE REGULATION COMMISSION

22 State House Station, Augusta, Maine 04333-0022
Telephone (207) 287-2631 or (800) 452-8711
NOTICE OF PUBLIC HEARING
PROPOSED RULE NUMBER: 2001-P252
UPDATED ZONING MAPS FOR AREAS IN PENOBSCOT AND SOUTHERN AROOSTOOK COUNTIES
PURPOSE: The Maine Land Use Regulation Commission will hold a public hearing on November 14, 2001, in Millinocket, Maine, on updated land use guidance maps for townships and plantations in Penobscot and southern Aroostook Counties. These map updates are the result of redrafting the Commission's current land use district boundaries onto new base maps compiled from the new 7.5 minute U.S. Geological Survey (USGS) map series. Any changes in zoning resulting from this redrafting process are due to (1) improved resolution and accuracy of the 7.5 minute map series such that, for example, the mapped location of stream locations and shape of high mountain zones and steep slopes may change; and (2) addition of the new wetland zones which were identified within the revised wetland protection rules adopted by the Commission in November 1997.
PUBLIC HEARING TIME AND PLACE: Wednesday, November 14, 2001, at the Baxter State Park Conference Room, Millinocket, Maine. The public hearing will begin at 6:30 p.m. Staff will be available at 5:00 p.m. on this same date and place to answer any questions about the draft maps.
HOW TO PARTICIPATE: All interested persons are invited to attend and offer testimony during the public hearing which would have a bearing on this proposal. The general public is not required to submit written testimony before the hearing. Members of the general public may simply attend the hearing and give oral testimony.
The hearing record will remain open for a period of 10 days until Monday, November 26, 2001, to allow interested persons to file written statements with the Commission, and for an additional 7 days until Monday, December 3, 2001, to allow interested persons to file written statements in rebuttal of statements filed during the previous 10 day period. The record of the hearing will then close.
DISABILITIES: Persons with disabilities planning to attend the hearing are requested to inform the Commission in advance so that arrangements can be made for services they may require.
FOR ADDITIONAL INFORMATION: Copies of the draft zoning maps may be inspected prior to the public meeting at the Commission's office in Augusta, Maine, or by visiting the Commission's East Millinocket regional office. Please call (207) 746-2244 prior to visiting the regional office. Copies are also available by writing to the Maine Land Use Regulation Commission, 22 State House Station, Augusta, Maine, 04333-0022 or calling (207) 287-2631 or in-state toll free 1 (800) 452-8711 or TTY (207) 287-2213. When requesting copies, please specify the particular township or plantation of interest. Comments maybe sent to the address above or by e-mail to fred.todd@maine.gov or fax to (207) 287-7439.
Persons having questions may contact Ellen Jackson or Fred Todd of the Maine Land Use Regulation Commission at either of the above phone numbers.
LEGAL AUTHORITY: This hearing is being held under authority of 12 MRSA Ch. 206-A and the Commission's Rules for Conduct of Public Hearings.
AFFECTED AREAS:

Penobscot County
Argyle Twp.
Carroll Plt.
Drew Plt.
Grand Falls Twp.
Greenfield Twp.
Grindstone Twp.
Herseytown Twp.
Hopkins Academy Grant Twp.
Indian Purchase #3 Twp.
Indian Purchase #4 Twp.
Kingman Twp.
Lakeville, Town of
Long A Twp.
Mattamiscontis Twp.
Mount Chase, Town of
Prentiss Twp.
Seboeis Plt.
Soldiertown Twp.
Summit Twp.
T 1 R 6 WELS
T 1 R 8 WELS
T 2 R 8 NWP
T 2 R 8 WELS
T 2 R 9 NWP
T 3 R 1 NBPP
T 3 R 7 WELS
T 3 R 8 WELS
T 3 R 9 NWP
T 4 R 7 WELS
T 4 R 8 WELS
Pukakon Twp. (T 5 R 1 NBPP)
T 5 R 7 WELS
T 5 R 8 WELS
T 6 R 6 WELS
T 6 R 7 WELS
T 6 R 8 WELS
T 7 R 6 WELS
T 7 R 7 WELS
T 7 R 8 WELS
T 8 R 6 WELS
T 8 R 7 WELS
T 8 R 8 WELS
T A R 7 WELS
Veazie Gore Twp.
Webster Plt.
Aroostook County
Benedicta Twp.
Cary Plt.
Forkstown Twp.
Glenwood Plt.
Macwahoc Plt.
Molunkus Twp.
North Yarmouth Academy Grant
Reed Plt.
Silver Ridge Twp.
T 1 R 5 WELS
T 2 R 4 WELS
T 3 R 3 WELS
T 3 R 4 WELS
T 4 R 3 WELS
T A R 2 WELS
Upper Molunkus Twp.

John S. Williams, Director
Maine Land Use Regulation Commission


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Revised Ch. 850, Health Plan Accountability
PROPOSED RULE NUMBER: 2001-P239
CONCISE SUMMARY: Rule number 2001-P239, amendments to Rule Ch. 850, "Health Plan Accountability," which was previously published on October 3, 2001 with a hearing date of October 26, 2001, is being rescheduled for hearing to December 17, 2001. Please see details of hearing location below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:24-A MRSA 2772, 2774, 4218, 4222-A and 4309.
PUBLIC HEARING: December 17, 2001,9:00 a.m., Androscoggin Room, Department of Professional & Financial Regulation building, 124 Northern Avenue, Gardiner, Maine 04345
DEADLINE FOR COMMENTS: December 28, 2001, 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 37, Home-Based Mental Health Services
PROPOSED RULE NUMBER: 2001-P253
CONCISE SUMMARY: This rule removes the requirement that treatment hours meet a certain running average in order to be reimbursable, clarifies crisis and emergency service responsibilities for providers, sets clinical criteria for reducing the minimum size of treatment teams, updates and clarifies participation in which concurrent mental health services disqualify recipients from receiving this service, clarifies risk-of-removal factors used to determine recipient eligibility for this service, and makes other minor corrections.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: November 13, 2001, 1:00 p.m.
Location: Department of Human Services, 1st floor conference room, 35 Anthony Avenue, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before October 31, 2001.
DEADLINE FOR COMMENTS: November 26, 2001
AGENCY CONTACT PERSON: Robert E. Gross, Comprehensive Health Planner
AGENCY NAME: Medicaid Policy Development Unit
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5528
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 06-096 - Department Of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 691, Amendment To Rules For Underground Oil Storage Facilities: Siting Restrictions For New Facilities
PROPOSED RULE NUMBER: 2001-P254
CONCISE SUMMARY: This rule amendment would establish restrictions on the siting of future underground oil storage tank facilities on mapped significant sand and gravel aquifers, and thereby reduce the risk of costly discharges of oil to these geologically sensitive locations and important future sources of public drinking water. The proposed amendment prohibits the siting of new underground oil storage facilities on significant sand and gravel aquifers mapped by the Maine Geological Survey. Exempt from the rule are on-site consumptive use heating oil facilities, replacement tanks and facilities and the conversion of aboveground oil storage facilities to underground facilities. Variances from the prohibition are available from the Commissioner, upon application, for sites where their potential as a future drinking water supply resource are low because of low yield or existing pollution, or only of moderate yield. New facilities on high potential public drinking water supply aquifers are prohibited.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES. A municipality may incur modest costs due to this rule amendment; however, they are elective and expected to be infrequent. It is anticipated that most municipalities will expand existing facilities or install a heating oil tank for on-site consumption, both of which are exempt under this amendment. No known new municipal facilities are currently proposed.
STATUTORY AUTHORITY: PL 2001, Ch. 302, Section 3; 38 MRSA, 570-F
PUBLIC HEARING: November 15, 2001, 1:30 p.m., Holiday Inn Civic Center, 110 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m., November 27, 2001. Comments may be submitted by mail at the address below, by fax at (207) 287-7826 or by e-mail at george.j.seel@maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any.
AGENCY CONTACT PERSON: George Seel AGENCY NAME: Maine Department Of Environmental Protection
ADDRESS: Bureau of Remediation & Waste Management, State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-2651


AGENCY: 17-229 - Department of Transportation
RULE TITLE OR SUBJECT: Ch. 210, Utility Accommodation Policy
PROPOSED RULE NUMBER: 2001-P255
CONCISE SUMMARY: This policy sets standards for permitting and locating utility facilities within the corridors of all state and state-aid highways.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 2503(16) & 23 MRSA 52
PUBLIC HEARING:
Date & Time: Friday, November 16, 2OO1, 9:00 a.m.
Location: MDOT Building, Child Street, Augusta, Level 2, Main Conference Room
DEADLINE FOR COMMENTS: November 27, 2001
AGENCY CONTACT PERSON: Brian Burne, Utility & Railroad Services Manager
AGENCY NAME: Maine Department of Transportation
ADDRESS: State House Station 16, Augusta, ME 04333
TELEPHONE: (207) 287-2283
WEB ADDRESS: http://www.maine.gov/mdot/utility/uap.htm


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles

RULE TITLE OR SUBJECT: Ch. 162, The Administration of the International Registration Plan
PROPOSED RULE NUMBER: 2001-P256
CONCISE SUMMARY: This rule chapter outlines the procedures and standards governing Maine's participation in the International Registration Plan.
STATUTORY AUTHORITY: 29-A MRSA 531-3
PUBLIC HEARING: At the Bureau of Motor Vehicles Executive Conference Room on 101 Hospital St., Augusta, Maine 04333 at 9:00 a.m. on Friday November 16, 2001.

RULE TITLE OR SUBJECT: Ch. 164, The Administration of Overweight Oceangoing Containers (OGC)
PROPOSED RULE NUMBER: 2001-P257
CONCISE SUMMARY: This rule chapter outlines the procedures and standards allowing for the discretionary permitting of overweight oceangoing containers by joint action of the Maine Department of Transportation and the Secretary of State. Permits are issued on a case by case basis.
STATUTORY AUTHORITY: 29-A MRSA 2382
PUBLIC HEARING: At the Bureau of Motor Vehicles Executive Conference Room on 101 Hospital St., Augusta, Maine 04333 at 9:30 a.m. on Friday November 16, 2001.

RULE TITLE OR SUBJECT: Ch. 165, The Administration of the International Fuel Tax Agreement and the Intrastate Fuel Tax program
PROPOSED RULE NUMBER: 2001-P258
CONCISE SUMMARY: This rule chapter outlines the procedures and standards for participation in the International Fuel Tax Agreement and the Intrastate Fuel Tax Program.
STATUTORY AUTHORITY: 29-A MRSA 525
PUBLIC HEARING: At the Bureau of Motor Vehicles Executive Conference Room on 101 Hospital St., Augusta, Maine 04333 at l0:00 a.m. on Friday November 16, 2001.

DEADLINE FOR COMMENTS: November 27, 2001
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
AGENCY CONTACT PERSON Maurice J. Dionne, Jr.
AGENCY NAME: Maine Bureau of Motor Vehicles
ADDRESS: Motor Carrier Services, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624.9000 ext. 52127


ADOPTIONS

AGENCY: 16-222 - Department of Public Safety, Bureau of State Police
CHAPTER NUMBER AND TITLE: Ch. 1, Motor Vehicle Inspection Manual
ADOPTED RULE NUMBER: 2001-432
CONCISE SUMMARY: This rule contains the standards for motor vehicle safety inspections for Maine, including motor vehicles (passenger cars), motorcycles, commercial vehicles (trucks and buses), and school buses, as well as the administrative rules for the safety inspection program.
EFFECTIVEDATE: November 10, 2001
AGENCY CONTACT PERSON: Sgt. Jan Stetson Reynolds
AGENCY NAME: Department of Public Safety, Bureau of State Police
ADDRESS: State House Station #20, Augusta, Maine 04333-0020
TELEPHONE: (207) 624-8939


AGENCY: 16-222 - Department of Public Safety
CHAPTER NUMBER AND TITLE: Ch. 20, Uniform Standardized Forensic Examination Kit for Gross Sexual Assault Evidence Collection (Repeals Ch. 13)
ADOPTED RULE NUMBERS:
2001-433 (repeals Ch. 13)
2001-434 (new Ch. 20)
CONCISE SUMMARY: This rule repeals Ch. 13, Gross Sexual Assault Standardized Evidence Collection Kit, and defines the contents of the Maine State Sex Crimes Kit to be used for forensic evidence collection in alleged cases of gross sexual assault. The rule lists the contents of the kit, includes instructions for administering the kit, and includes a checklist for examiners to follow and enclose with the completed kit.
EFFECTIVE DATE: October 17, 2001
AGENCY CONTACT PERSON: Timothy D. Kupferschmid, Director
AGENCY NAME: Maine State Police Crime Lab.
ADDRESS: 30 Hospital St., Augusta, ME 04333
TELEPHONE: (207) 624-7017


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 4, Independent Medical Examiner
ADOPTED RULE NUMBER: 2001-435
CONCISE SUMMARY: This chapter outlines rules pertaining to the procedures for the implementation of the independent medical examiner process.
EFFECTIVE DATE: November 1, 2001
AGENCY CONTACT PERSON: Isabella Tighe, Deputy Director, Office of Medical Rehabilitation Services
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7080


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