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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 31, 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

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 24.21(1), Special Salmonid Fish Health Inspection Regulations Relating to ISAV, and
Ch. 24.21(J), Restrictions on Vessel & Equipment Movement
PROPOSED RULE NUMBER: 2001-P260
CONCISE SUMMARY: The Commissioner proposes regulations regarding surveillance requirements for infectious salmon anemia virus (ISAV) and the movement of vessels and equipment used in finfish aquaculture activities to prevent the spread of this disease to salmonids. The regulations define the affected area, require mandatory ISAV surveillance, specify the testing procedures to confirm ISAV, stipulate chain of custody, sampling requirements, responsible inspectors, restrict finfish aquaculture vessel and equipment movement, and stipulate remedial action upon detection of ISAV.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled, one may be requested
DEADLINE FOR COMMENTS: Friday, November 30, 2001
AGENCY CONTACT PERSON: Andrew Fisk
Web site: www.maine.gov/dmr/rulemaking
MAIL WRITTEN COMMENTS TO:
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6554
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 32, Rules for Operation of Agricultural Marketing Loan Fund (Amendment 4)
PROPOSED RULE NUMBER: 2001-P261
CONCISE SUMMARY: Amendment 4 re-inserts a broader definition of "private funds" that was errantly deleted in Amendment 2, and alphabetizes the definitional section. Amendment 4 also makes changes required by PL 2001 c.152 dealing with an expanded definition of "agricultural enterprise" and fixing the interest rate on loans at 5%.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES,
STATUTORY AUTHORITY: 7 MRSA 12, 435
PUBLIC HEARING: None; one would be scheduled at the request of 5 or more persons.
DEADLINE FOR COMMENTS: December 3, 2001
AGENCY CONTACT PERSON: John Harker, Department of Agriculture, Food and Rural Resources, 28 State House Station, AMHI Annex, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3871
FAX: (207) 287-5576


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 395, Construction Standards and Ownership and Cost Allocation Rules for Electric Distribution Line Extensions
PROPOSED RULE NUMBER: 2001-P262
CONCISE SUMMARY: This chapter establishes the requirements for persons who construct electric distribution line extensions, including the development and approval of standards, qualifications to perform tasks associated with building line extension, and dispute resolution procedures. In addition, it governs the ownership of electric distribution line extensions and the procedure for reapportioning construction costs among customers who receive service from them.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 104, 111, and 314
PUBLIC HEARING: November 20, 2001 at 9:30 a.m. in the Hearing Room of the Public Utilities Commission, 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: December 3, 2001
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-1396


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. II, Section 80, Pharmacy Services
PROPOSED RULE NUMBER: 2001-P266
CONCISE SUMMARY: These proposed rules add coverage of prescriptions for certain over-the-counter drugs for DEL members with specific diagnoses. These changes are mandated by legislation that became effective September 21, 2001. Other minor edits include change to requirements for institutional settings.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA, 42, 3173
PUBLIC HEARING:
Date: November 19, 2001 9:00 a.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 November 12, 2001.
DEADLINE FOR COMMENTS: December 3, 2001
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 231, Rules Relating to Drinking Water
ADOPTED RULE NUMBER: 2001-441
CONCISE'SUMMARY The changes to the State of Maine Rules Relating to Drinking Water involve updating the specific rule sections to coincide with the changes mandated by the Federal Safe Drinking Water Act and the changes made to Maine Statute.
EFFECTIVE DATE: October 24, 2001
AGENCY CONTACT PERSON: Ebrahim Habib
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 10, Augusta ME 04333
TELEPHONE: (207) 287-6471
TTY: (207) 287- 2070


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) -TCC Guidelines
ADOPTED RULE NUMBER: 2001-441
CONCISE SUMMARY: This policy updates the maximum Transitional Child Care (TCC) income guidelines and fee assessment schedule effective October 1, 2001 through September 30, 2002.
EFFECTIVE DATE: October 19, 2001
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual- Increase in Income Limits, Maximum Allotments and Excess Shelter Deduction. Quarterly Earnings for Social Security, Disqualifications, Work Exemptions, Regaining of Eligibility for ABAWDS and EITC
ADOPTED RULE NUMBER: 2001-443
CONCISE SUMMARY: We are re-filing what was originally filed on October 2, 2001. An error was found on one page of the original adopted rule.
EFFECTIVE DATE: 2001-443
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: Department of Behavioral and Developmental Services, Office of Substance Abuse, Driver Education and Evaluation Programs
CHAPTER NUMBER AND TITLE: Ch. 2, Driver Education and Evaluation Programs Procedure Manual
ADOPTED RULE NUMBER: 2001-444
CONCISE SUMMARY: These rules, which will be adopted through the repeal and replacement option, are being proposed to replace the rules adopted as emergency, effective August 14, 2001. The proposed replacement rules will: 1) establish additional definitions and repeal others; 2) establish qualifications for DEEP program instructors and the program administrator; 3) require adult first offenders with an OUI without aggravating factors to attend a program requiring evaluation and/or treatment, when appropriate; 4) establish new program requirements, content, and/or fees for offenders under 21 years of age at the time of the offense, offenders under 21 years of age at the time of the offense who have attained 21 years of age when registering for a program, adult first offenders, and all multiple offenders; 5) change requirements of insurance programs, fire inspections and compliance with city/town ordinances or zoning for DEEP private providers; 6) require detailed documentation of the evaluation process; 7) establish a no-show fee for the DEEP programs; 8) establish a non-refundable administrative fee for the "Completion of Treatment" program, and out-of-state and military programs; 9) establish a limit to the number of sessions that can be requested in an extension of treatment justification; and 10) change a recommended time line for completion of treatment within the Completion of Treatment Guidelines.
EFFECTIVE DATE: October 24, 2001
AGENCY CONTACT PERSON: Linwood K. Oakes, Sr., Certification & Policy Specialist
AGENCY NAME: Office of Substance Abuse
DEEP ADDRESS: Marquardt Building, AMHI Complex, 3rd Floor 159 State House Station, Augusta, ME 04333-0159
TELEPHONE: (207) 287-2595


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #11-01
ADOPTED RULE NUMBER: 2001-445
CONCISE SUMMARY: Minimum November, 2001 producer Class I price is $19.01 plus $.15/cwt. Producer Cost of Production and an over order premium of $1.00/cwt. as being prevailing in southern New England for a total of $20.16. Class II minimums set at $16.39 which includes $.15/cwt. for Cost of Production. These changes were passed on in minimum prices.
Minimum Prices can be found at http://www.maine.gov/agriculture/ahi/milk/homepage.html
EFFECTIVE DATE: November 1, 2001
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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