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November 12, 1997
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: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Chapter 8, Endangered Species
PROPOSED RULE: 97-P198
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is extending the comment deadline on the proposal which was originally advertised on October 1, 1997 designating bald eagle nest sites in the towns of Addison, Alna, Argyle Twp., Baileyville, Bar Harbor, Baring, Beaver Cove, Belgrade, Benton, Brewer, Brunswick, Chester, Cranberry Isles, Cutler, Deer Isle, Devereaux Twp., Edmunds Twp., Franklin, Freeport, Frenchboro, Greenbush, Hancock, Harpswell, Harrington, Indian Twp., Isleboro, Jonesport, Lakeville, Lamoine, Lincoln, Lubec, Marion Twp., Mattamiscontis Twp., Mattawamkeag, Medway, Milbridge, Millinocket, Newcastle, Perkins Twp., Perry, Portage Lake, Princeton, Richardsontown Twp., Sidney, Sorrento, Swanville, Sullivan, T1R6 WELS, T10R11 WELS, T10R12 WELS, T10R13 WELS, T11R12 WELS, T11R13 WELS, T16R5 WELS, T17R4 WELS, T2R8 NWP, T26ED BPP, T27 ED BPP, T3R12 WELS, T4 IP, T5R1 NBPP, T6R1 NBPP, T7R15 WELS, T9R11 WELS, T9R12 WELS, TAR7 WELS, Tremont, Trescott Twp., Unity, Vassalboro, Veazie, Vinalhaven, Warren, Winslow, Wiscasset, Woodville, Yarmouth. Designation of mapped sites by rule would restrict within these areas any projects that require state or local permits, or are funded or carried out by state or local governments, unless it is determined that the project will not significantly alter or unreasonably harm the essential habitat. Maps of the proposed bald eagle nest sites may be obtained from the agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A 7035, 7753, 7754.
DEADLINE FOR COMMENTS: December 11, 1997
AGENCY CONTACT PERSON: Ken Elowe, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5252


AGENCY: 02-344 - Department of Professional and Financial Regulation, State Board of Licensing of Dietetic Practice
RULE TITLE OR SUBJECT: Chapter 1, Dietetic Practice
PROPOSED RULE NUMBER: 97-P232
CONCISE SUMMARY: This proposed rewrite is intended to:

  1. Establish guidelines relating to meetings, records and advisory rulings;
  2. Outline the rules regarding licensure in dietetic practice, including educational requirements, examination requirements, application and licensing procedures, fees, and continuing education requirements;
  3. Describe the procedure by which complaints and investigations will be handled by the board; and
  4. Set forth rules regarding codes of ethics for licensed dietitians.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA, Chapter 105, 9904, sub-2
PUBLIC HEARING: Friday, December 5, 1997 at 9 a.m., Consumer Credit Conference Room, Department of Professional & Financial Regulation, 122 Northern Ave., Gardiner, ME 04345
DEADLINE FOR WRITTEN COMMENTS: Monday, December 15, 1997
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau
ADDRESS: Office of Licensing & Registration, SHS #35, Augusta, ME 04333
PHONE NUMBER: (207) 624-8420

AGENCY: 10-148 - Department of Human Services, Bureau of Child and Family Services

RULE TITLE OR SUBJECT: Chapter 16, Rules Providing for the Licensing of Family Foster Homes for Children
PROPOSED RULE NUMBER: 97-P233
CONCISE SUMMARY: Rules governing licensure of Family Foster Homes have not been revised since 1991. Many rules have become outdated or are inadequate to ensure the safety and well-being of the children in the Department's Custody. There is also a three (3) year requirement for review of these Rules under Federal Statute. Significant changes to previous rules include:

  1. The number of children in a specialized children's home may not exceed 4.
  2. The addition of a requirement stating that foster parents with a specialized license must have one (1) year of experience as a family foster home parent, or six months experience with moderately to severely handicapped children.
  3. The addition of persons "frequenting the home" to criminal history and previous child protective referral checks.

RULE TITLE OR SUBJECT: Chapter 15, Rules Providing for the Licensing of Specialized Foster Homes for Children
PROPOSED RULE NUMBER: 97-P234
CONCISE SUMMARY: Specialized Foster Care Rules have been revised so that:

  1. The number of children in a specialized children's home may not exceed 4.
  2. The addition of a requirement stating that foster parents with a specialized license must have one (1) year of experience as a family foster home parent, or six months experience with moderately to severely handicapped children.
  3. The addition of persons "frequenting the home" to criminal history and previous child protective referral checks.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: Title 22 MRSA Chapter 1071, Subchapter VIl, 4061, et. seq.
PUBLIC HEARING:

DEADLINE FOR COMMENTS, December 11, 1997
AGENCY CONTACT PERSON: Tom Bancroft
AGENCY NAME: Dept. of Human Services
ADDRESS: Bureau of Child & Family Services 221 State Street, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5060

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #332 Maine Medicaid eligibility Manual - SSI COLA Increase - 1998
PROPOSED RULE NUMBER: 97-P235
CONCISE SUMMARY: As of 1/1 /98, this rule, which shows a 2.1 % COLA increase in SSI benefits, changes the following monthly income amounts used in Medicaid:

  1. the income limit for Home Based Waivers, Katy Beckett coverage and the categorical income limit for nursing care is changed from $1452 to $1482.
  2. The income limit for the State Supplement for an individual living at home changes from $494 to $504 and for a couple, the change is from $741 to $756.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS:
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948

AGENCY: 29-250 - Secretary of State Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Chapter 165, The Administration of the Maine International Fuel Tax Agreement (IFTA) and the Intrastate Fuel Tax Program (USER)
PROPOSED RULE NUMBER: 97-P236
CONCISE SUMMARY: This rule is being amended to conform with the International Fuel Tax Agreement which requires each participating state and province to have a Best Information Available Assessment program in place so that those trucking companies which do not file their fuel tax reports are urged to do so.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: MRSA 29-A Section 525
PUBLIC HEARING: The Bureau's Executive Conference Room at 101 Hospital St., Augusta on December 3, 1997 at 10:00 a.m.
DEADLINE FOR COMMENTS: December 15,1997
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: 207/287-8633


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Chapter 4, Upland Game and Furbearing Animals (Beaver Trapping Closures)
PROPOSED RULE NUMBER: 97-P237
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt the following correction to the recently adopted regulations for beaver trapping in Wildlife Management Unit 5. Grand Lake Stream; T6ND; and T43MD: OPEN TO BEAVER TRAPPING. In the original proposal, these 3 townships were inadvertently listed as being CLOSED to trapping.
STATUTORY AUTHORITY: 12 MRSA, 7035.
PUBLIC HEARINGS: None scheduled - one may be requested by 5 or more persons.
DEADLINE FOR COMMENTS: December 11, 1997
AGENCY CONTACT PERSON: Ken Elowe, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5252 or e-mail to: Ken.Elowe@maine.gov


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Chapter 4, Hunting: (4.06 Wild Turkey Hunting Season)
PROPOSED RULE NUMBER: 97-P238
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule establishing an open hunting season on wild turkeys in 1998 from May 1, 1998 through May 30, 1998; increase the number of permits from 1,750 to 2,250; and allocate permits by 2 hunting zones (1,250 for southern zone and 1,000 for northern zone).
STATUTORY AUTHORITY: 12 MRSA, Sections 7035, 7468
PUBLIC HEARING: None scheduled; one may be requested by 5 or more persons.
DEADLINE FOR COMMENTS: December 11, 1997
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Chapter 4.05, Moose Hunting Season
PROPOSED RULE NUMBER: 97-P239
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule establishing an open hunting season on moose in 1998 from October 5 through October 10 and allocating permits by zone as follows:
a. Northwestern Zone 150
b. Northeastern Zone 470
c. Central 375
d. Southwestern Zone 360
e. Southcentral Zone 185
f. Southeastern Zone 380
g. Southern Zone 80
In addition, the moose hunting district established by rule is being repealed as a result of legislative action repealing the district in statute; moose permits are awarded by zones rather than by district.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035,7463-A
PUBLIC HEARING: December 1, 1997 - 7:00 p.m., Augusta Civic Center, LincoIn/Oxford Room
DEADLINE FOR COMMENTS: December 11, 1997
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries and Wildlife
ADDRESS: 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201

AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Chapter 64, Private Fire Protection Services
PROPOSED RULE NUMBER: 97-P240
CONCISE SUMMARY: This rule provides a methodology for determining the allocation of costs between public and private fire protection as recommended by the Private Fire Protection Task Force, and establishes general provisions for private fire protection services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A, M.R.S.A. 101, 103, 104, 111, 301, 502, 1301, 6104 and 6105
PUBLIC HEARING: None scheduled; one may be requested by 5 or more persons.
DEADLINE FOR COMMENTS: December 5, 1997
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: New Chapter, Consumer Education Program
PROPOSED RULE NUMBER: 97-P242
CONCISE SUMMARY : Legislation requires the Commission to adopt a rule to implement a consumer education program at educate the public about implementation of retail access and its impact on consumers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A, M.R.S.A. 3213(2)
PUBLIC HEARING: December 5, 1997, at 9:30 a.m. at the Commission's Offices, 242 State Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: December 15, 1997
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078


ADOPTIONS

AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Chapter 9, Rules Governing Driver Education
ADOPTED RULE NUMBER: 97-375
CONCISE SUMMARY: These rules set out the minimum qualifications, licensing requirements and procedures for licensing driver education schools, instructors and teachers. The rules also establish a standardized driver education curriculum. The rules repeal and replace existing rules governing driver education.
EFFECTIVE DATE: November 31, 1997
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, ME 04333
TELEPHONE: 287-4687


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Chapter 168, The Administration and Issuance of USDOT Numbers for Intrastate Motor Carriers
ADOPTED RULE NUMBER: 97-381
CONCISE SUMMARY: The purpose of this rulemaking is to outline the procedures and standards for the issuance of United States Department of Transportation (USDOT) numbers to those intrastate motor carriers qualifying under Title 29-A Section 555-A.
EFFECTIVE DATE: November 9, 1997
AGENCY CONTACT PERSON: Maurice J. Dionne, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station Augusta, Maine 04333-0029
TELEPHONE: 207/287-8633


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