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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 15, 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: 10-149 - Department of Human Services, Bureau of Elder and Adult Services
RULE TITLE OR SUBJECT: Ch. 5, Bureau of Elder and Adult Services Policy Manual
PROPOSED RULE NUMBER: 2000-P257
CONCISE SUMMARY: The changes this rule proposes include, but are not limited to: an up-date of Adult Protective Services (Section 15) to comply with amendments in the Consent Decree; amendments to the appeal process (Section 40); reorganization of Home Based Care rules (Section 63) and amendments and additions to the definition, eligibility, voucher, covered services and quality assurance rules of that section; amendments to Sections 61 (Adult Day Services), 62 (Congregate Housing Services), 68 (Respite Care for People with Alzheimer's or Related Disorders) and 69 (BEAS Administered Homemaker Services) to make them consistent with the changes made to Section 63; the addition of Section 74 for Assisted Living; and re pagination of the manual. Section 74 will not become effective until July 1, 2001.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 312, 5106, 5107, 6203, 7303, 7915 and MRSA 24-A 6214.
PUBLIC HEARING: December 4, 2000, 10:00 a.m., Washington/York Room, Augusta Civic Center. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below by November, 22, 2000.
DEADLINE FOR COMMENTS: Written comments will be accepted until 5:00 p.m., December 15, 2000.
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station (35 Anthony Avenue), Augusta, ME 04333-0011
TELEPHONE: (207) 624-5335 or 1 (800) 262-2232
TTY: (207) 624-5442 or 1 (888) 720-1925


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 130, Section 1, Maine Rx Program
PROPOSED RULE NUMBER: 2000-P258
CONCISE SUMMARY: This new rule implements the legislatively mandated Maine Rx Program. The program allows Maine residents enrolled in the Program to purchase drugs at reduced cost. It is being re-noticed to reflect changes mandated by a recent court decision.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 254-B
PUBLIC HEARING: December 6, 2000 at 1:00 p.m., Sagadahoc Room, Augusta Civic Center, 76 Community Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: December 18, 2000
AGENCY CONTACT PERSON: Marianne Ringel, Comprehensive Health Planner
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: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services

RULE TITLE OR SUBJECT: Ch. 316, Rental of Tangible Personal Property
PROPOSED RULE NUMBER: 2000-P259
CONCISE SUMMARY: Rule 316 addresses the sales and use tax consequences of leases and rentals of tangible personal property. It has been superceded by several law changes and is now outdated. The Rule is being repealed and Maine Revenue Services is issuing an updated Instructional Bulletin thoroughly addressing lease transactions.

RULE TITLE OR SUBJECT: Ch. 801, Apportionment of Income
PROPOSED RULE NUMBER: 2000-P260
CONCISE SUMMARY: The purpose of Rule 801 is to explain the apportionment of income of corporations as required by 36 MRSA 5102(8). The Rule also explains the calculation of an apportionment percentage by other taxpayers when such taxpayers are required to use the income apportionment method set out in 36 MRSA Chapter 821. For example, the Rule applies to "S" corporation shareholders, partners, estates and trusts, and to nonresident individuals who have income from business activity both within and without Maine. (See 36 MRSA 5142(6).) This Rule governs the calculation of an apportionment percentage by all taxpayers who are required to use the apportionment method set out in 36 MRSA 5211. The Rule is being repealed and replaced in order to belatedly accommodate numerous changes required because of Maine's repeal of the business/nonbusiness income distinction in 1987, as well as make other updates.

RULE TITLE OR SUBJECT: Ch. 807, Net Operating Loss Add-back Modification
PROPOSED RULE NUMBER: 2000-P261
CONCISE SUMMARY: Rule 807 provides guidance to individual and corporate taxpayers in determining the availability, amount, and application of the net operating loss (NOL) add-back modification. Maine Revenue Services is proposing to repeal and replace the Rule in order to, accomplish the following:
1. To update the examples to current tax years and to reflect the federal change in the carryback period from the 3 previous taxable years to the 2 previous taxable years.
2. To change the examples to illustrate that the amended federal adjusted gross income amount in the case of an individual taxpayer and the amended federal taxable income amount in the case of a corporate taxpayer that results from a net operating loss deduction cannot be less than zero.
3. To add new examples to illustrate cases in which the net operating loss is carried back but only partially deducted in the carryback period.
4. To add an application section stating that the amendments apply to returns, including amended returns, filed on or after January 1, 2001 for any tax year.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA 112
PUBLIC HEARING None scheduled as yet.
DEADLINE FOR COMMENTS: December 15, 2000
AGENCY CONTACT PERSON: David E. Bauer, General Counsel, Maine Revenue Services, 24 State House Station Augusta, Maine 04333
TELEPHONE: (207) 624-9681


AGENCY: 02-373 - Board of Licensure in Medicine

RULE TITLE OR SUBJECT: Ch. 2, Physician Assistants
PROPOSED RULE NUMBER: 2000-P262
CONCISE SUMMARY: Chapter 2 constitutes rules governing physician's assistants who are supervised by Physicians licensed by the Board of Licensure in Medicine. Chapter 2 also establishes a Physician Assistant Advisory Committee. Chapter 3 constitutes rules governing physicians who supervise nurse practitioners practicing as physician extenders.

RULE TITLE OR SUBJECT: Ch. 3, Physician Supervision of Advanced Practice Registered Nurse Under Medical Delegation
PROPOSED RULE NUMBER: 2000-P263
CONCISE SUMMARY: A certified nurse midwife or certified nurse practitioner who is approved by the Maine State Board of Nursing as an advanced practice registered nurse may choose to perform medical diagnosis or prescribe therapeutic or corrective measures when these services are delegated by a licensed physician, as authorized by 32 MRSA 2205-B(3). When working under the delegation of a physician the APRN / physician relationship must be registered with the Board of Licensure in Medicine. This Chapter constitutes rules governing registration of these advanced nursing classifications when performing under the delegation/supervision of a physician, and the physicians who supervise them. Chapter 2 constitutes rules governing Physician Assistants who are supervised by physicians licensed by the Board of Licensure in Medicine.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 3269(7) and 3270-A, B and C.
PUBLIC HEARING): None scheduled; one may be requested.
DEADLINE FOR COMMENTS: December 13, 2000
AGENCY CONTACT PERSON: Jean M. Greenwood, Administrative Assistant
AGENCY NAME: Board of Licensure in Medicine
ADDRESS: 137 State House Station, Augusta, ME 04333-0137
TELEPHONE: (207)287-3603


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 228, Rules Relating to Fluoridation of Public Water Systems
PROPOSED RULE NUMBER: 2000-P264
CONCISE SUMMARY The changes to the Rules Relating to Fluoridation of Public Water Systems involve updating the entire rule format, including those requirements pertaining to the operation of such systems, monitoring, reporting, and to allow for new technologies to be incorporated easily.
TIES RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 2611 and 2659
PUBLIC HEARING: November 20, 2000, 1:00 to 3:00 p.m. at the Bureau of Health, 151 Capitol St.
DEADLINE FOR COMMENTS: December 15, 2000
AGENCY CONTACT PERSON: Stephani Morancie or Ebrahim Habib
AGENCY NAME: Drinking Water Program
ADDRESS: 10 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-3056 / 207-287-6471
TTY: 207-287-2070


ADOPTIONS

AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 895, Underground Facility Damage Prevention Requirements
ADOPTED RULE NUMBER: 2000-490
CONCISE SUMMARY: This rule describes the responsibilities of excavators, underground facility operators, the damage prevention system (Dig Safe, Inc.), and the Public Utilities Commission in implementing Maine's underground facility damage prevention statute. The rule establishes notification, marking and reporting procedures, which defines violations and penalties, and describes the process by which the Public Utilities Commission will enforce the program and monitor its success.
EFFECTIVE DATE: November 12, 2000
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 806, Nonresident Individual Income Tax
ADOPTED RULE NUMBER: 2000-491
CONCISE SUMMARY: Rule 806 provides guidance for nonresidents of Maine in the following areas: types of income subject to taxation, deduction of losses, apportionment of income to Maine, apportionment of income tax credits, return form to be used, determination of taxable income for spouses filing as single individuals, and determination of tax credits for spouses filing as single individuals.
EFFECTIVE DATE: November 12, 2000
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 301, Standard Offer Service
ADOPTED RULE NUMBER: 2000-492
CONCISE SUMMARY: This rule establishes terms and conditions for standard offer service for electric generation, and establishes a methodology for selecting standard offer providers.
EFFECTIVE DATE: November 8, 2000
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


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