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November 4, 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: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 16, Allocation of State Ceiling for Low-Income Housing Tax Credit
RULE NUMBER: 98-P243
CONCISE SUMMARY: The rule is being revised to establish a set-aside for proposals with a commitment for funding from Rural Housing Services; to establish a set-aside for proposals with a service commitment from the Maine Department of Human Service's 1999 Assisted Living Funds; to establish the maximum amount of tax credit that may be allocated to a single project; to give priority to projects serving persons with special needs; to give priority to projects in higher need areas; to add to the reporting and inspection requirements; and to make clarifications, updates, and grammatical changes.
THIS RULE: WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4741(1) and 4741(14), Section 42 of the IRC
PUBLIC HEARING: November 17, 1998 at 9:30 a.m., Maine State housing Authority, 353 Water Street, Augusta, Maine 04330-4633
DEADLINE FOR COMMENTS. November 30, 1998
AGENCY CONTACT PERSON: Tom MacDonald
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207) 626-4600 (voice)
(800) 452-4668 (voice)
(800) 452-4603 (TDD)

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.82, Lobster Trap Maximum Size
PROPOSED RULE NUMBER: 98-P244
CONCISE SUMMARY: This proposed regulation would provide regulatory consistency with the Atlantic States Marine Fisheries Commission, Amendment 43 Interstate Fishery Management Plan for Lobster, approved December 16, 1997. The proposed regulation makes it unlawful to possess a lobster trap with a volume larger than 22,950 cubic inches. An alternate proposed regulation would include a provision allowing the Commissioner the limited ability to exempt larger traps with a volume up to 30,100 cubic inches for a two-year period. The Department will determine after public hearing and comment whether to adopt the rule which includes the provision for an exemption.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARING: Monday, November 23, 1998, 6:30 p.m., The Riverview Room, Ellsworth Public Library, 46 State Street, Ellsworth, Maine
DEADLINE FOR COMMENTS: December 3,1998
AGENCY CONTACT PERSON: E. Penn Estabrook, Deputy Commissioner
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6550


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendments to Existing Rules

CHAPTER NUMBER AND TITLE: Ch. 8, Endangered Species (8.05 Essential Habitat for Species Designated as Endangered or Threatened)
ADOPTED RULE NUMBER: 98-437
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule mapping additional areas to be protected as piping plover/least tern nesting and brood rearing sites and amending one existing site. This rule will require review by Inland Fisheries & Wildlife of any project permitted, funded, licensed, or carried out by state agencies or municipalities to determine if the project would significantly alter or unreasonably harm the essential piping plover/least tern nesting habitat.
EFFECTIVE DATE: October 29,1998

CHAPTER NUMBER AND TITLE: Ch. 4.01, Open and Closed Areas for Beaver Trapping
ADOPTED RULE NUMBER: 98-438
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing individual township openings and closings for the beaver trapping season. Townships or portions thereof are opened and closed on an individual basis to manage local beaver populations within the general season framework.

A copy of these rules may be obtained from the agency contact person.
EFFECTIVE DATE: October 27, 1998
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333-0041


AGENCY: 03-201 - Maine Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual, Revision of existing Policy 25.3.4, Supervised Community Confinement
ADOPTED NUMBER: 98-442
CONCISE SUMMARY: This amendment to departmental Policy 25.3.4, Supervised Community Confinement pursuant to Title 34-A, M.R.S.A., Section 3036-A clarifies the existing procedures in addressing the manner of supervising prisoners transferring to the Supervised Community Confinement Program based on the rated security level of the correctional facility that the prisoner is being transferred from; places a more precise time management schedule for the Supervising Probation Officer to complete his/her investigation of a prisoner's proposed program, upon receipt from the Regional Correctional Administrator, and the notification process to victim(s) and appropriate law enforcement officials prior to the prisoner's transfer to the program.
EFFECTIVE DATE: October 23, 1998
AGENCY CONTACT PERSON: Nanci Bouchard, Associate Commissioner
AGENCY NAME: Maine Department of Corrections
ADDRESS: State Office Building, 4th Floor, Station #111, Augusta, ME 04333
TELEPHONE: (207) 287-4384


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles - Dealer Section
CHAPTER NUMBER AND TITLE: Ch. 103, Rules for Vehicle Dealers, Auctions, Transporters and Loaners
ADOPTED RULE NUMBER: 98-443
CONCISE SUMMARY: The dealer rules have not been updated since 1993. The changes bring the dealer rules up to date and in compliance with state law regarding dealer licensing requirements. The change clarifies the requirements for dealer annexes and secondary locations and adds the requirement that used car dealers must collect mediation fees.
EFFECTIVE DATE: October 26, 1998
AGENCY CONTACT PERSON: Linda Grant
AGENCY NAME: Secretary of State - Bureau of Motor Vehicles - Dealer Section
ADDRESS: 29 State House Station, Augusta, Maine 04333
TELEPHONE: 287-5420


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE:
Ch. 1 - Repeal and Replace - Procedures (New Sec. 7, Accelerated Reporting Schedule; New Sec. 8. Reports of Independent Expenditures)
Ch. 2 - Repeal and Replace - Hearing Procedures (Non-substantive formatting changes)
Ch. 3 - New Chapter - Maine Clean Election Act and Related Provisions
ADOPTED RULE NUMBER: 98-447
CONCISE SUMMARY: Chapter 1 repeals and replaces the existing rule to make non-substantive formatting revisions; to reflect the new composition of the Commission's membership; and to add new Sections 7 to provide for accelerated reporting requirements and 8 regarding reports of independent expenditures, both mandated by the Maine Clean Election Act. Chapter 2 repeals and replaces the existing rule, making only non-substantive formatting revisions. Chapter 3 is new and establishes the implementing procedures for the Maine Clean Election Act and related provisions including definitions; procedures for participation in the Act; certification of participating candidates; fund administration; distribution of funds to certified candidates; recordkeeping and reporting requirements; and procedures for recounts, vacancies, and special elections.
EFFECTIVE DATE: November 1, 1998
AGENCY CONTACT PERSON: William C. Hain, III, Executive Director
AGENCY NAME: Commission on Governmental Ethics and Election Practices
ADDRESS: 135 State House Station, Augusta, ME 04333-0135
TELEPHONE: (207) 287-6219


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 126, Regulations Governing the Licensing and Functioning of End Stage Renal Disease Units/Facilities
ADOPTED RULE NUMBER: 98-448
CONCISE SUMMARY: This rule provides State licensing regulations for End Stage Renal Disease Units/Facilities to be surveyed annually to ensure the public health, safety, and welfare of dialysis patients in the State of Maine. The national trend of unfavorable outcomes has prompted this legislation to be implemented and ensure Maine's citizens have onsite monitoring of standards of care in End Stage Renal Disease Units/Facilities. Presently, there is no regular oversight for this critical, lifesaving treatment other than the initial Medicare certification and random Medicare surveys, which may occur at any time from three (3) to five (5) years. These regulations allows deeming of Medicare surveys, avoiding duplication of the survey process. The requirements will mirror the Medicare requirements.
EFFECTIVE DATE: January 1, 1999
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
FAX (207) 624-5378
TTY (207) 624-5512 (Deaf/Hard of Hearing)


AGENCY: 02-380 - Department of Professional and Financial Regulation, Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 4, Disciplinary Action and Violations of Law
ADOPTED RULE NUMBER: 98-450
CONCISE SUMMARY: This rule amends the definition of unprofessional conduct, adds a new section to set out rules governing sexual misconduct, and defines abandonment.
EFFECTIVE DATE: November 2, 1998
AGENCY CONTACT PERSON: Myra A. Broadway
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone Street, Augusta, ME 04333-0158
TELEPHONE: 207-287-1133


AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 803, Withholding Tax Reports and Payments
ADOPTED RULE NUMBER: 98-451
CONCISE SUMMARY: This rule provides guidance for businesses with respect to the filing and paying of state income taxes withheld from employees' wages. The rule has been amended primarily in response to a change in Federal withholding allowances related to the new child credit allowed in US income tax law. Since Maine withholding is currently based on the number of allowances claimed for federal withholding and since Maine does not allow a similar credit, an employee claiming withholding allowances for the new credit could experience underwithholding for Maine. The amended Rule 803 requires employees to complete a Form W-4ME (a new state form) claiming the appropriate number of withholding allowances for Maine withholding. The new amendments also add a provision for the "Personal Withholding Exemption Variance Certificate" to be obtained from the Executive Director of Maine Revenue Services by an employee who wishes to claim a number of Maine withholding allowances that exceeds the number of federal withholding allowances the employee claims.
EFFECTIVE DATE January 1, 1999
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
(207) 287-1076


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