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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

November 14, 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: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 127, Instructional Program, Assessment, and Diploma Requirements
PROPOSED RULE NUMBER: 2001-P274
CONCISE SUMMARY: This rule applies to all public schools and to schools that are approved by the Department of Education. The rule clarifies instructional program requirements in alignment with the system of Learning Results. It establishes standards for local assessment systems to measure student and school performance on the content standards of the system of Learning Results. It specifies the timelines for implementation of local assessment systems. Finally, it specifies the requirements for school administrative units to award a diploma to a student upon completion of secondary school.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICITALITIES.
STATUTORY AUTHORITY: 20-A MRSA 6211
PUBLIC HEARING: Tuesday, December 4, 2001, 1 to 5 p.m., Room 103 Burton M. Cross State Office Building, Capital Street, Augusta. Note: individuals can participate in the hearing simultaneously using the Department's Distance Learning Network from the following locations: Gorham High School, room 116; Ellsworth High School, room 204; Presque Isle High School, room 409
DEADLINE FOR COMMENTS: Written comments must be received in the Department of Education by 5 p.m., Thursday, December 20, 2001. This can be accomplished by: Delivering them to the receptionist on the 5th floor of the Burton M. Cross State Office Building; Mailing them to Dr. Judith Lucarelli, Deputy Commissioner, 23 State House Station, Augusta, ME 04333-0023; Faxing them to Dr. Judith Lucarelli, Deputy Commissioner, (207) 624-6601; E-mailing them to judy.lucarelli@maine.gov
AGENCY CONTACT PERSON: Dr. Judith Lucarelli, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6620


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 315, Amendment 2 - Family Development Account Program
PROPOSED RULE NUMBER: 2001-P275
CONCISE SUMMARY: This rule amendment conforms the rule to legislation enacted in P.L. 2001, ch. 417. The rule amendment eliminates the requirement that a financial institution obtain a co-signature of the community development organization for a withdrawal and includes the requirement that the account holder authorize the release of information to the community development organization overseeing the account.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 961 et seq., and particularly 10 MRSA 1075 et seq.
PUBLIC HEARING: There will be no public hearing unless requested by five (5) people.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before December 17, 2001.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


AGENCY: 02-333 - State Board of Licensure for Professional Foresters
RULE TITLE OR SUBJECT:
Ch. 10, Definitions
Ch. 20, General Information
Ch. 30, Advisory Rulings
Ch. 40, Educational Qualifications for Issuance of an Intern Forester License
Ch. 50, Variance from Educational Qualifications for Issuance of an Intern Forester License
Ch. 60, Sponsorship of Intern State Board of Licensure for Professional Foresters
Ch. 70, Licensure as Forester
Ch. 80, Continuing Forestry Education
Ch. 90, Registration and Supervision of Unlicensed Personnel
Ch. 100, Code of Ethics
Ch. 110, Transition Provisions
PROPOSED RULE NUMBER: 2001-P276
CONCISE SUMMARY: These rules implement the recodification of the Forester Licensing law enacted in PL 2001, c. 261. Key features of the proposed rules are new "variance" requirements for applicants who do not have an Associate or higher degree, procedures for the registration and supervision by licensed foresters of unlicensed individuals performing work for which a license would otherwise be required, revision of the existing internship program, an increase from 12 to 18 hours in the amount of continuing forestry education required biannually for license renewal, and revision of the Board's code of ethics. Proposed Ch. 110 also allows Registered Forestry Interns under predecessor law, as well as persons who have not yet begun an internship, to qualify for licensure under the provisions of the predecessor law relating to the substitution of experience for education. Any such election needs to be made no later than April 30, 2002.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 5 MRSA 8051, 9001(4); 32 MRSA 5506, 5514(2), 5514(4), 5515(7), 5515(10); PL 2001, c. 261, 7(3)
PUBLIC HEARING: December 3, 2001, 9:00 a.m., Central Conference Room, Department of Professional & Financial Regulation, 122 Northern Ave., Gardiner, Maine 04345
DEADLINE FOR WRITTEN COMMENTS: December 13, 2001
AGENCY CONTACT PERSON:
NAME: Carol Leighton
ADDRESS: Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520


AGENCY: 10-148 - Department of Human Services, Bureau of Child and Family Services
RULE TITLE OR SUBJECT:
Ch. 15, Rules Providing for the Licensing of Specialized Children's Foster Homes
Ch. 16, Rules Providing for the Licensing of Family Foster Homes for Children
PROPOSED RULE NUMBER: 2001-P277
CONCISE SUMMARY: The proposed rules revise the "Rules Providing for the Licensing of Family Foster Homes for Children" and the "Rules Providing for the Licensing of Specialized Children's Foster Homes". These rules are being revised to include new federal guidelines for family foster homes. These rules will also be revised to limit the number of children n therapeutic foster homes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22 MRSA 8102
PUBLIC HEARINGS:
12/4/01, 10:00 a.m. - 1:00 p.m., Bangor DHS, 396 Griffin Road, Bangor ME
12/7/01, 10:00 a.m. - 1:00 p.m., Portland DHS, 161 Marginal Way, Portland, ME
12/5/01, 3:00 p.m. - 6:00 p.m., Wideen Auditorium, University of Maine at Presque Isle, Presque Isle, ME
DEADLINE FOR COMMENTS: December 19, 2001
AGENCY CONTACT PERSON: Martha Proulx
AGENCY NAME: Bureau of Child and Family Services
ADDRESS: 221 State Street, Station 11, Augusta, ME 04333
TELEPHONE: (207) 287-5060


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 40, Administration of Medication in the School Setting
PROPOSED RULE NUMBER: 2001-P278
CONCISE SUMMARY: This rule establishes the requirements for the safe administration of medication in each school administrative unit and approved private schools. This rule requires that all unlicensed school personnel who administer medications in a school setting receive training by the Department of Education or by a certified school nurse using curriculum approved by the Department.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 254(5)
PUBLIC HEARING: December 7, 2001, 10:00 to 11:30 a.m., Burton M. Cross State Office Building, Room 107, Capital Street, Augusta, ME 04330
DEADLINE FOR COMMENTS: December 18, 2001
AGENCY CONTACT PERSON:
AGENCY NAME: DeEtte Hall
ADDRESS: Department of Education, 23 State House Station, Burton M. Cross Building, Augusta, ME 04333
TELEPHONE: (207) 624-6688


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 55.04, Maine Gillnet Bait Fishing Regulations
PROPOSED RULE NUMBER: 2001-P279
CONCISE SUMMARY: The proposed gillnet bait fishing regulations would require a commercial fishing license endorsement, establish a fishing area west of the most southerly headlands coast-wide, limit the length of bait gillnets to 1000 feet, require that bait gillnets be marked at each end with minimum 4 foot stick buoy markers, establish separate tending requirements for daytime and nighttime fishing and require reporting that may be accomplished using an existing reporting form with Department approval.
PUBLIC HEARINGS:
Monday, December 3, 2001, 6:30 p.m., Science Building Lecture Hall, University of Maine, 9 O'Brien Avenue, Machias;
Tuesday, December 4, 2001, 6:30 p.m., Ellsworth City Hall, 3rd Floor Conference Room, One City Hall Plaza, Ellsworth;
Thursday, December 6, 2001, 7:30 p.m., Casco Bay Ferry Terminal Conference Room, 56 Commercial Street, Portland

RULE TITLE OR SUBJECT: Ch. 34.10(1)(B)(4)(b), Atlantic halibut
PROPOSED RULE NUMBER: 2001-P280
CONCISE SUMMARY: The proposed fishing regulations for Atlantic halibut would set an annual open season during the months of April through June, and require a commercial fishing license endorsement, a recreational fishing limit of one per vessel per day, a commercial vessel limit of 4 fish per day, a total allowable catch of 50 fish per season, use of size 14 oo circle hooks or larger, a maximum of 450 hooks allowed per vessel per day, tagging and reporting.
PUBLIC HEARINGS:
Monday, December 3, 2001, 6:00 p.m., Science Building Lecture Hall, University of Maine, 9 O'Brien Avenue, Machias;
Tuesday, December 4, 2001, 6:00 p.m., Ellsworth City Hall, 3rd Floor Conference Room, One City Hall Plaza, Ellsworth;
Thursday, December 6, 2001, 7:00 p.m., Casco Bay Ferry Terminal Conference Room, 56 Commercial Street, Portland

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171, 6173
DEADLINE FOR COMMENTS: Monday, December 17, 2001
AGENCY CONTACT PERSON: Terry Stockwell
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9566
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, please contact Breena Whitcomb, at (207) 624-6667.


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Excluded Assets: Savings and Vehicles
PROPOSED RULE NUMBER: 2001-P281
CONCISE SUMMARY: Effective January 2002, Medicaid will exclude up to $8,000 of savings for an individual, $12,000 for a household of 2 or more and a second vehicle needed for employment, to get medical treatment, for essential daily activities or if the vehicle is modified for a person with a disability.
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: December 14, 2001
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 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Ten (10) Day Denials on Applications for Failure to Provide Verification, Funding Source for Hmong and Highland Laotions
PROPOSED RULE NUMBER: 2001-P282
CONCISE SUMMARY: The Food and Nutrition Service has decided to once again allow a ten (10) day application denial for failure to provide verification. Federal regulations require a thirty (30) day application processing period unless a state receives a waiver. The Maine Department of Human Services has received a waiver that allows this procedure. This procedure allows an early denial that can serve as a reminder to applicants that there are verification issues that are holding the processing of an application. This rule corrects an omission from previous policy. Certain Hmong and Highland Laotians are eligible for federal, benefits.
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 14, 2001
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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE-TANF Program Rules
ADOPTED RULE NUMBER: 2001-482
CONCISE SUMMARY: Revisions and corrections to the ASPIRE-TANF Program Rules are being proposed to allow the program to comply with recently passed State legislation and to remedy omissions from past rulemakings. In keeping with the intent of the Personal Responsibility and Work Reconciliation Act (PIRWORA) of 1996, revisions to program rules are being proposed to allow the ASPIRE-TANF program to fulfill its mission to assist TANF recipients in becoming employed and self-supporting, while maintaining safeguards to client's rights. Changes in the ASPIRE-TANF Program Rules are being proposed to correct omissions/make clarifications from prior rule changes. In addition, rules relating to providing a supervisory review of all proposed actions to sanction program participants are being proposed. Finally, new policy relating to exploration of good cause reasons for failure to abide by program rules will be added to the ASPIRE-TANF Program Manual.
EFFECTIVE DATE: November 6, 2001
AGENCY CONTACT PERSON: Stephen W. Telow, ASPIRE Coordinator, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333 TELEPHONE NUMBER: (207) 287-3309
TTY NUMBER: (207) 287-6948


AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Amendment to Ch. 50, Record Keeping and Reporting Requirements
ADOPTED RULE NUMBER: 2001-483
CONCISE SUMMARY: In 1997, the Maine Legislature revised the reporting requirement for general use pesticide dealers so that only persons who distribute the products to licensed general use pesticide dealers in the state are responsible for submitting an annual report to the Board. Prior, to this action, all limited and restricted use pesticide dealers were required to report their general use. pesticide sales directly to the Board. Since a legislative change in 1997, some of the agricultural and industrial pesticide dealers have ceased reporting their general use pesticide sales. To assure that information on large quantity sales is collected, the Board proposed an amendment to clarify that all limited and restricted use pesticide dealers must report all pesticide sales. The Board did not receive any opposition to the change during the thirty day comment period and adopted the rule as published at its October 26, 2001 meeting.
EFFECTIVE DATE: November 11, 2001
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 101, Standard Interest Rate
ADOPTED RULE NUMBER: 2001-484
CONCISE SUMMARY: This rule establishes the standard interest rate pursuant to 36 MRSA 186 that is charged against unpaid taxes and paid by the State on overpayment of taxes. The interest charged on outstanding county taxes cannot exceed this rate of interest (36 MRSA 892-A). The interest rate has been lowered by one percentage point, from 9% to 8%.
EFFECTIVE DATE: November 11, 2001
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681


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