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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

November 1, 2000
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: 02-296 - Department of Professional & Financial Regulation, Board of Examiners on Speech-Language Pathology and Audiology
RULE TITLE OR SUBJECT:
Ch. 1: Definitions
Ch. 2: Initial Licensure
Ch. 3: Continuing Professional Education Requirements for Renewal of Licensure in Speech-Language Pathology and Audiology
Ch. 4: The Registration and Use of Speech-Language Pathology Aides and Speech-Language Pathology Assistants by Board-Licensed Speech-Language Pathologists
Ch. 5: Scope of Practice
Ch. 6: Complaints, Code of Ethics, Discipline Imposed by Other Jurisdictions
Ch. 7: Fees
PROPOSED RULE NUMBER: 2000-P224
CONCISE SUMMARY:
Ch. 1: Terms used throughout the rules are situated and defined here, so that they will be understood when applied elsewhere.
Ch. 2: Eligibility requirements and licensing procedure are described. The requirement to have either a master's degree or a Certificate of Clinical Competency replaces the enumeration of specific courses which normally are included in the master's degree program.
Ch. 3: Courses must now be "clinically" and "professionally" relevant to the practice, and not merely "directly" relevant, as described in the predecessor version of this rule, with the majority of hours being of clinical relevance. The course-approval process is explained.
Ch. 4: The practicum requirements for Assistants are revised from:
* Observation, 4 clock hours
* Public School, 4 clock hours
* Hospital Rehabilitation, 4 clock hours
To:
* Observation, 15 clock hours
* Pediatric, 40 clock hours
* Adult, 40 clock hours
Two options are provided for fulfillment of the practicum: completion of a regionally-accredited training program or attainment of experience while working as an aide.
Ch. 5: The specific duties failing within the purview of Speech-Language Pathologists and Audiologists are identified.
Ch. 6: This Chapter contains the code of ethics adopted by the Board, a reference to the complaint process followed by the Board, and a notification that discipline imposed by other jurisdictions may lead to disciplinary sanctions in Maine.
Ch. 7: Fees have been made the subject of a distinct Chapter.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 MRSA 6013(2), 6020-A(1-2), 6021, 6022, 6026(2), 6027, 6028, 6030
PUBLIC HEARING: Monday, November 20, 2000, 1 p.m., Department of Professional & Financial Regulation, 122 Northern Ave., Gardiner, Maine 04345
Deadline for Written Comments: December 11, 2000
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Health Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station Augusta, Maine 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 16, Allocation of State Ceiling for Low-Income Housing Tax Credit Rule
PROPOSED RULE NUMBER: 2000-P246
CONCISE SUMMARY The Allocation of State Ceiling for Low-Income Housing Tax Credit Rule is being amended as follows: to establish a set-aside for single-room occupancy housing; to clarify that extended low income housing commitments will obligate owners to comply with the commitments made by the owners in their tax credit applications for which they were awarded points in the selection process; to clarify that priority is given to projects with 3 bedroom low income units; to establish leveraged funds as an independent scoring criteria separate from lowest intermediary costs and to give priority to below market financing commitments within the leveraged funds criteria; to establish a separate market need ranking for assisted living proposals; to establish minimum requirements for proposals to receive priority for nonprofit participation; to increase the tax credit monitoring fee; to make the reporting and inspection requirements consistent with recent changes to federal law; and to make updates, clarifications and grammatical changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4741(l) and 4741(14), Section 42 of the Internal Revenue Code of 1986, as amended
PUBLIC HEARING: November 21, 2000, 9:45 a.m., Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: December 1, 2000, 5:00 p.m.
AGENCY CONTACT PERSON: Jodie Stevens, Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE:
(207) 626-4600 (voice)
(800) 452-4603 (TTY)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 145, NOx Control Program
PROPOSED RULE NUMBER: 2000-P247
CONCISE SUMMARY: This proposal will require certain electrical generating units, resource recovery units and major industrial sources to implement additional NOx controls beginning January 1, 2003. The control requirements include an emission rate limit of 0.15 lbs. per million Btu for electrical generating units and resource recovery facilities, and. an emission rate limit of 0.20 lbs. per million Btu for industrial sources. The proposal also includes monitoring, recordkeeping and reporting requirements. This is a new rulemaking proposal. The Department will incorporate into this new public record comments received from an initial public hearing on this Chapter held January 6, .2000, written comments received as part of that public comment period, and comments received after the comment deadline. This notice allows written comments on this proposal to be received until December 1, 2000. Copies of these rules and previously submitted comments are available upon request by contacting the agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, and be provided an opportunity for comment. Any party interested in providing public comment can provide written comments before the end of the comment period. All comments should be sent to the agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STAT'UTORY AUTHORITY: 38 MRSA 585 and 585-A
PUBLIC HEARING: No public hearing is scheduled; a public hearing may be requested in writing before the deadline for comments to the agency contact person.
DEADLINE FOR COMMENTS: December 1, 2000
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


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

RULE TITLE OR SUBJECT: Ch. 156, Fee Structure for Over Dimensional and Overweight Loads Along with Police Escort Arrangement Information
PROPOSED RULE NUMBER: 2000-P248
CONCISE SUMMARY: This rule amendment supports recent legislation to allow for permits to be issued on a long term basis for certain overweight vehicles transporting non-divisible loads.
PUBLIC HEARING: November 21, 2000 at 1:30 p.m., in the Bureau of Motor Vehicles Executive Conference Room at 101 Hospital Street Augusta, Maine.

RULE TITLE OR SUBJECT: Ch. 157, The Administration of Over Dimension and Overweight Permits
PROPOSED RULE NUMBER: 2000-P249
CONCISE SUMMARY: This rule amendment supports recent legislation to allow for permits to be issued on a long term basis for certain overweight vehicles transporting non-divisible loads. It will also reorganize the rule in a more concise format.
PUBLIC HEARING, November 21, 2000 at 2:00 p.m., in the Bureau of Motor Vehicles Executive Conference Room at 101 Hospital Street Augusta, Maine.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA 2382
DEADLINE FOR COMMENTS: December 1, 2000
AGENCY CONTACT PERSON Maurice J. Dionne Jr.
AGENCY NAME: Maine Bureau of Motor Vehicles
ADDRESS: Commercial Vehicle Division, 29 State House Station Augusta, Me. 04333-0029
TELEPHONE: (207) 624-9000 ext. 52127


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 25.93(F)(1)(b)(i), Exit Ratios for Limited Entry Zones - Zone D
ADOPTED RULE NUMBER: 2000-461
CONCISE SUMMARY: The Department of Marine Resources adopts these regulations under Chapter 25.93(F) after consideration of a survey of zone members and a recommendation of the zone council as contemplated by 12 MRSA 6448. These changes establish an exit ratio of one new zone entrant for each one license retired (1:1) for Zone D. New licenses will determined by the Department annually and are based on a waiting list of eligible participants for Zone D.

CHAPTER NUMBER AND TITLE: Ch. 25.93(F)(1)(b)(ii), Exit Ratios for Limited Entry Zones - Zone E
ADOPTED RULE NUMBER: 2000-462
CONCISE SUMMARY: The Department of Marine Resources adopts these regulations under Chapter 25.93(F) after consideration of a survey of zone members and a recommendation of the zone council as contemplated by 12 MRSA 6448. This rule establishes an exit ratio of one new zone entrant for each two licenses retired (1:2) for Zone E. New licenses will determined by the Department annually and are based on a waiting list of eligible participants for Zone E.

CHAPTER NUMBER AND TITLE: Ch. 25.93(F)(1)(b)(iv), Exit Ratios for Limited Entry Zones - Zone G
ADOPTED RULE NUMBER: 2000-463
CONCISE SUMMARY: The Department of Marine Resources adopts these regulations under Chapter 25.93(F) after consideration of a survey of zone members and a recommendation of the zone council as contemplated by 12 MRSA 6448. This rule establishes an exit ratio of one new zone entrant for each two licenses retired (1:2) for Zone G. New licenses will determined by the Department annually and are based on a waiting list of eligible participants for Zone G.

EFFECTIVE DATE: October 22, 2000
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: 02-041 - Department of Professional & Financial Regulation, Office of Licensing & Registration
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2000-464
CONCISE SUMMARY: This chapter establishes fees for eight licensing boards and four regulatory functions within the Office of Licensing & Registration. These boards and regulatory functions are: State Board of Alcohol and Drug Counselors, American Sign Language, English Interpreters and Transliterators (regulatory function), Athletic Trainers (regulatory function), Door-to-Door Home Repair (regulatory function), State Board of Licensure for Professional Foresters, State Board of Funeral Service, State Board of Certification for Geologists and Soil Scientists, Itinerant Vend ors/Transient Sellers (regulatory function), Oil and Solid Fuel Board, Board of Licensure of Podiatric Medicine, Propane and Natural Gas Board, State Board of Veterinary Medicine. Six of these programs are currently in a deficit position, three are expected to be in a deficit position at varying times within the next two years, and one is expected to be very close to a deficit position within the next two years. This chapter raises fees for these programs to the levels necessary for the achievement of financial self-sufficiency. Fees are decreased for one board (Propane and Natural Gas), and the fees of one board (Veterinary Medicine) are reduced for licensees age 70 and above. This chapter also establishes uniform license replacement and license verification fees for the boards and regulatory functions affected by this chapter.
EFFECTIVE DATE: October 25, 2000
AGENCY CONTACT PERSON:
NAME: Jeffrey Frankel, Staff Attorney
ADDRESS: Office of Licensing & Registration, SHS #35, Augusta, ME 04333
PHONE NUMBER: (207) 624-8615


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 15, Penalties, Sections 5, 7, & 10
ADOPTED RULE NUMBER: 2000-465
CONCISE SUMMARY: The proposed rule delegates the authority to decide specific penalty requests to the Executive Director or the Executive Director's designee.
EFFECTIVE DATE: October 25, 2000
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7094


AGENCY: 26-550 - Department of the Attorney General, Victims' Compensation Board
RULE TITLE OR SUBJECT: Ch. 8, Sexual Assault Forensic Examinations
ADOPTED RULE NUMIBER: 2000-466
CONCISE SUMMARY: The rule defines, for payment purposes, the elements of a forensic examination for alleged victims of gross sexual assault and describes the process for licensed hospitals and health care practitioners to obtain reimbursement from the Victims' Compensation Board.
EFFECTIVE DATE: October 25, 2000
AGENCY CONTACT PERSON: Deborah Shaw Rice, Director
AGENCY NAMIE: Victims' Compensation Board
ADDRESS: Department of the Attorney General, 6 State House Station, Augusta, Maine 04333-0006
TELEPHONE: (207) 626-8800


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 128, Rules and Regulations Governing the Functioning of the Maine Registry of Certified Nursing Assistants
ADOPTED RULE NUMBER: 2000-467
CONCISE SUMMARY The Department of Human Services amended its regulations to provide for continuing certification on the Maine Registry of Certified Nursing Assistants of a Certified Nursing Assistant who, over a twenty-four (24) month period, performs for eight (8) hours nursing or nursing-related services that are supervised by a Registered Nurse. The rules may not require that nursing or nursing-related services be performed in a nursing facility or hospital. The rules must be retroactive for two (2) years.
EFFECTIVE DATE: November 1, 2000
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
TTY DEAF/HARD OF HEARING: (207) 624-5512
FAX: (207) 624-5378


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 106, Maine Drugs for the Elderly Program
ADOPTED RULE NUMBER: 2000-471
CONCISE SUMMARY: This rule updates needed services which were originally promulgated as emergency rules, entitled Rules for the Maine Drugs for the Elderly Program. Changes in the adopted rule include the creation of two new components of the supplemental program: the generic component which provides 80% coverage for all drugs for the eligible population and the catastrophic program which provides 80% coverage for all drugs for individuals who reach a set expenditure cap. Other changes clarified that household members may be eligible for the program even if they do not independently meet all eligibility criteria, ensured that providers were subject to consistent requirements, and reorganized the rule to reflect the new design of the Maine Drugs for the Elderly program.
EFFECTIVE DATE: October 29, 2000
AGENCY CONTACT PERSON: Marianne Ringel, Director
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5518
TTY DEAF/HARD OF HEARING: 1-800-423-4331 or 207-287-1828


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual

ADOPTED RULE NUMBER: 2000-472
CONCISE SUMMARY: This rule makes annual changes in maximum allotments and income limits. It also increases the Excess Shelter Deduction Cap from $275 to $300.

ADOPTED RULE NUMBER: 2000-473
CONCISE SUMMARY: For Food Stamp purposes, all households will need to have a face to face interview at least once a year unless the household members have no earned income and are all elderly or are receiving Supplemental Security Income (SSI) or Social Security Disability Income (SSDI). There are reasons for granting good cause for not having a face to face interview.

EFFECTIVE DATE: October 29, 2000
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 DEAF/HARD OF HEARING: (207) 287-6948


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