Skip Maine state header navigation

Agencies | Online Services | Help

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 8, 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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45.05(1), 2000 - 2001 Shrimp Season
PROPOSED RULE NUMBER: 2000-P250
CONCISE SUMMARY: The proposed regulations will adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing the 2000 - 2001 shrimp season. The season shall take place from January 9, 2001 to March 17, 2001 and from April 16, 2001 to April 30, 2001, all dates inclusive. The season for the harvest of shrimp by drag and by trap shall be the same.
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: December 8, 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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 34.10, Maine Groundfish Management Plan, Halibut Restrictions
PROPOSED RULE NUMBER: 2000-P251
CONCISE SUMMARY: The Department proposes to amend the Maine Groundfish Management Plan regulations to add a minimum size limit of 36 inches for the Atlantic halibut. The 36-inch minimum size limit would provide consistency with the federal regulations for multi-species minimum fish sizes. The Department regulations allow possession exemptions for groundfish fillets. This exemption would not be allowed for halibut.
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: December 8, 2000
AGENCY CONTACT PERSON: Terry Stockwell
MAIL WRITTEN COMMENTS TO: c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9556


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Chs. II & III, Section 80, Pharmacy Services.
PROPOSED RULE NUMBER: 2000-P252
CONCISE SUMMARY: This rule is being re-noticed to eliminate reference to the Maine Rx Program. The ways in which this rule is different from the current rule include, but are not limited to, allowing out of state pharmacies to provide certain drugs, reduction in maximum supply of non-generic drugs to 34 days, clarification of certain drug coverage provisions, allowing the Department to require prior authorization of certain drugs, elimination of outdated appendices and elimination of chapter III.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: November 29, 2000 at 1:00 p.m., Kennebec-Penobscot Room, Augusta Civic Center, 76 Community Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: December 11, 2000
AGENCY CONTACT PERSON: Marianne Ringel, Director
AGENCY NAME: Policy Development Unit, Bureau of Medical Services
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333
TELEPHONE: 207-624-5518
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Chs. II and III, Section 97, Private Non-Medical Institution Services.
PROPOSED RULE NUMBER: 2000-P253
CONCISE SUMMARY: The proposed rules provide clarification, changes and additions to Private Non-Medical Institution Services reimbursed by the Department of Human Services, effective 1/1/01. This proposed rule deletes the section related to Community Residences for Persons with Mental Retardation, adds the requirement for time studies for educational staff and direct service staff, incorporates the general description of the facility's clinical programs, and changes language related to reimbursement in Chapter II; establishes reimbursement and auditing criteria in Chapter III; and states specific reimbursement criteria for Substance Abuse Treatment Facilities, Residential Child Care Facilities, and Community Residences for Persons with Mental Illness within each of their applicable appendices.
THIS RULE MAY NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 8101, 8101(l), 8101(4),34-B MRSA 3606, 10-148 CMR Ch. 18
PUBLIC HEARING: November 27, 2000, 9:00 a.m. - 12:00 p.m., Veteran's Administration Center Togus - Theater, Veteran's Administration Center, Building 210, Togus, Maine 04330
DEADLINE FOR COMMENTS: Written comments will be accepted through December 7, 2000.
AGENCY CONTACT PERSON: Debra Couture, Senior Health Care Financial Analyst
AGENCY NAME: Division of Financial Services, Bureau of Medical Services
AGENCY ADDRESS: VA Center - Togus, Bldg. 205, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-287-8540
TTY: 207-287-1828


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Chs. II & III, Section 43, Hospice Services.
PROPOSED RULE NUMBER: 2000-P254
CONCISE SUMMARY: This rule will provide Medicaid coverage for hospice services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: November 30, 2000 at 1:00 p.m., Large 1st-floor Conference Room, Bureau of Medical Services, 35 Anthony Ave., Augusta, Maine 04333-0011
DEADLINE FOR COMMENTS: December 11, 2000
AGENCY CONTACT PERSON: Marianne Ringel, Director
AGENCY NAME: Policy Development Unit, Bureau of Medical Services
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333
TELEPHONE: 207-624-5518
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 2000-P255
CONCISE SUMMARY: Food Stamp applicants and recipients, who live in the municipalities of Albion, Benton, Clinton, Oakland, Waterville, and Winslow will no longer be exempt for work registration and the three (3) month time limited eligibility-rules due to geographic area. The unemployment rate for the Waterville Labor Market Area, during the previous twenty four (24) months, no longer meets the exemption criteria of being at least twenty (20) percent higher than the national average for that time period.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: December 8, 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: (207) 287-6948 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 147, High Pollution Vehicle Retirement Program
ADOPTED RULE NUMBER: 2000-483
CONCISE SUMMARY: In an effort to encourage the purchase of cleaner cars and the removal of high-pollution vehicles from the vehicle fleet, this rule establishes a pilot program for the retirement of high pollution automobiles and trucks. Beginning on November 1, 2000, this 3-year voluntary program will provide the owner of a high pollution vehicle with a cash incentive to retire (or "scrap") the vehicle and replace it with a cleaner vehicle. A "high pollution vehicle" is defined as a 1987 or older vehicle that has been registered for at least the last two years and is currently operational. A "cleaner vehicle" is defined as a 1996 or later model year vehicle that has a tailpipe emission certification of Low Emission Vehicle or better.
EFFECTIVE DATE: November 1, 2000
AGENCY CONTACT PERSON: Ron Severance
AGENCY NAME: Department of Environmental Protection, Bureau of Air Quality Control
ADDRESS: 17 State House Station, Augusta, ME 04333
PHONE: 207-287-2437


AGENCY: 19-498 - Department of Economic and Community Development
CHAPTER NUMBER AND TITLE: Ch. 21, Regional Economic Development Assistance Fund
ADOPTED RULE NUMBER: 2000-484
CONCISE SUMMARY: The Regional Economic Development Assistance Fund is to provide funding to develop effective local and regional economic development programs. The fund is to award start-up operating assistance to non-profit local or regional community based organizations that provide economic development programs to the communities served. The fund is designed to assist the formation of economic development organizations and programs from areas of the state that have high unemployment, low -per capita income, economies that are dependent on mature and dominant industries, or high poverty rates.
EFFECTIVE DATE: November 1, 2000
AGENCY CONTACT PERSON: Peggy Schaffer
AGENCY NAME: Department of Economic and Community Development
ADDRESS: 59 State House Station, Augusta, ME 04333-0059
TELEPHONE: 287-8480


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 275, Medicare Supplement - 2000 Revision
ADOPTED RULE NUMBER: 2000-485
CONCISE SUMMARY: To provide for the reasonable standardization of coverage and simplification of terms and benefits of Medicare supplement policies; to facilitate public understanding and comparison of such policies; to eliminate provisions contained in such policies which may be misleading or confusing in connection with the purchase of such policies or with the settlement of claims; and to provide for full disclosures in the sale of accident and sickness insurance coverages to persons eligible for Medicare.
EFFECTIVE DATE: November 8, 2000
CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Emergency regulations: Ch. 45.05(1), 2000 - 2001 Shrimp Season
ADOPTED RULE NUMBER: 2000-486
CONCISE SUMMARY: These emergency regulations begin the process of establishing the 2000 - 2001 Northern Shrimp season in compliance with the Atlantic States Marine Fisheries Commission Northern Shrimp Fishery Management Plan set October 30, 2000. The season shall take place from January 9, 2001 to March 17, 2001 and from April 16, 2001 to April 30, 2001, all dates inclusive. The season for the harvest of shrimp by drag and by trap shall be the same. A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: December 1, 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: 94-411 - Maine State Retirement System
CHAPTER NUMBER AND TITLE: Ch. 303, Actuarial Factors Tables
ADOPTED RULE NUMBER: 2000-487
CONCISE SUMMARY: This rule specifies the actuarial factors and tables to be used in administering the benefit plans of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System.
EFFECTIVE DATE: November 6, 2000
AGENCY CONTACT PERSON: Sarah Walton
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: 287-3461 or 1-800-451-9800


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Retroactive Adjustments in the Nursing Home Costs of Care, Dependent Allocation, Income Limit for Awaiting Placement for Residential Care
ADOPTED RULE NUMBER: 2000-488
CONCISE SUMMARY: Retroactive Adjustments in the Nursing Home Costs of Care, Dependent Allocation, Income Limit for Awaiting Placement for Residential Care
EFFECTIVE DATE: November 7, 2000
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 (Deaf/Hard of Hearing)


Return to the Online Rules Home Page.
Return to the APA Office Page.
Return to the Division of Rules, Commissions and Administration Home Page.
Return to the Bureau of Corporations, Elections and Commissions Home Page.
Return to the Department of the Secretary of State Home Page.
Go to the State of Maine Home Page