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November 17, 1999
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: 12-168 - Department of Labor
RULE TITLE OR SUBJECT: Ch. 11, Rules for Maine Enterprise Option Program
PROPOSED RULE NUMBER: 99-P244
CONCISE SUMMARY: These proposed rule amendments will do the following:
1. Remove the requirement that participants attend a "Business Planning" Seminar.
2. Move the description of business training to a different subsection.
3. Eliminate the option to substitute other small business training for the training required by this rule.
4. Provide guidelines for the development of a written business plan.
5. Reduce the number of members of the MEO Review Board and change their terms.
6. Eliminate the MEO Advisory Group.
7. Modify the appeal procedure for those who are not accepted into the MEO so that the appeal procedure will be in compliance with a statutory change.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 M.R.S.A. 1197(9)
PUBLIC HEARING: None is scheduled. A public hearing will be scheduled if requested by five (5) interested persons. Send written requests for a hearing to the agency contact person listed below by the "Deadline for Comments" date.
DEADLINE FOR COMMENTS: December 17, 1999
AGENCY CONTACT PERSON: Peter L. McMann
AGENCY NAME: Maine Department of Labor
ADDRESS: P. O. Box 560, Lewiston, ME 04243-0560
TELEPHONE: (207) 753-2859
FACSIMILE: (207) 753-2855
TDD: 1-800-794-1110


AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OF, SUBJECT: Ch. 104, Cap Limitations on Earnable Compensation for Purposes of Calculating Average Final Compensation of State Employee and Teacher Members
PROPOSED RULE NUMBER: 99-P245
CONCISE SUMMARY: This rule establishes a methodology for applying the 5% and 10% cap limitations on earnable compensation for purposes of calculating average final compensation for state employee and teacher members.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 17001(4); 17001(13); and 17103(4)
PUBLIC HEARING: December 9, 1999 at 9:05 a.m. at the Maine State Retirement System, Second Floor Conference Room, Two Central Plaza, Comer of Sewall and Capital Streets, Augusta,
Maine
DEADLINE FOR COMMENTS: December 20, 1999
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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45, 1999 - 2000 Shrimp season and net restrictions
PROPOSED RULE NUMBER: 99-P246
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 1999 -2000 shrimp season and updated net restrictions. The season shall begin January 17, 2000 and end March 15, 2000, both dates inclusive, with Sundays closed throughout the season. The season for the harvest of shrimp by drag and by trap shall be the same. Amendments to these regulations also include the optional use of the double Nordmore grate and the cod end strengthener.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR,COMMENTS: December 9, 1999
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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Technical Corrections
PROPOSED RULE NUMBER: 99-P247
CONCISE SUMMARY: This rule clarifies various existing rules as they are written in policy and corrects typographical errors.
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 17, 1999.
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: 03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedure Manual: Sub-section 15.1J, Resident Disciplinary Procedures - Maine Youth Center
PROPOSED RULE NUMBER: 99-P248
CONCISE SUMMARY: This Policy & Procedure governs the standards of behavior and establishes practices that must be followed when taking informal or formal disciplinary sanctions against a juvenile resident for violations of established rules of conduct for residents of a juvenile correctional facility.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A. M.R.S.A. 1402, 1403, 3032
PUBLIC HEARING: December 7, 1999, 1 p.m., Department of Corrections, AMHI - Tyson Building, 4th floor, Augusta, Maine 04333
DEADLINE FOR COMMENTS: December 20, 1999
AGENCY CONTACT PERSON: Ellis King, Department of Corrections, 111 State House Station, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 14, Certified Family and Pediatric Nurse Practitioner Services (repeals Ch. II, Section 120, Nurse-Midwife Services)
PROPOSED RULE NUMBER: 99-P249
CONCISE SUMMARY: This proposed rule consolidates policies for advanced practice nursing services into a single new policy and adds coverage for all nurse practitioners and certified registered nurse anesthetists. Changes include: replacing the name of the policy from "Certified Family and Pediatric Nurse Practitioner Services" to "Advanced Practice Registered Nursing Services"; repealing the separate MMAM, Section 120, Nurse-Midwife Services policy; inclusion of new definitions; streamlining of policies and procedures to reduce duplication with procedures contained in Chapter I of the MMAM; clarification of reimbursement and billing requirements; and related editing changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: Date: December 7, 1999. Time: 1:30 p.m. Location: 1st Floor Conference Room, 35 Anthony Avenue, Augusta, Me.
DEADLINE FOR COMMENTS: December 17, 1999
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514
DEAF/HARD-OF-HEARING: 1-800-423-4331


AGENCY: 02-396 - Department of Professional and Financial Regulation, Board of Licensure of Podiatric Medicine
RULE TITLE OR SUBJECT:
Ch. 2, Fees
Ch. 3, Continuing Education of Podiatrists
PROPOSED RULE NUMBER: 99-P250
CONCISE SUMMARY: Recently-enacted 1999 Public Law Ch. 257, "An Act to Ensure Adequate Funding of Certain Public Safety Programs of Occupational or Professional Licensing Boards," raised the statutory cap on the initial licensing fees for persons seeking to become licensed as Podiatrists from $200 to $600. It also revised the cap on renewal fees for Podiatrists from $200 to $600. This proposed rule change would increase fees to the statutory cap. In addition, it would revise the Continuing Education requirement to permit credits to be earned by electronic means under certain circumstances, and would increase the number of sponsoring organizations authorized to award credits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 M.R.S.A. 3605-B, 3652
PUBLIC HEARING: Thursday, December 9, 1999 at 1 p.m. Dept. of Professional & Financial Regulation, 122 Northern Ave., Gardiner, ME 04345
DEADLINE FOR WRITTEN COMMENTS: Monday, December 20, 1999
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Health Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Ch. 60, Designation of Critical Pesticide Control Areas
PROPOSED RULE NUMBER: 99-P251
CONCISE SUMMARY: The Bruce and Deborah Brown family of 159 Crabtree Road in Hope has petitioned the Board to create a critical pesticide control area designation that would include a one half mile radius of their home. They are seeking to protect the health of their family by prohibiting the use of most pesticides within this zone. This request could impact up to 38 different property owners by preventing them from making or hiring commercial applicators to make outdoor pesticide applications to their homes, lawns, gardens, forests and commercial blueberry fields. Use of insect repellents and pesticides in such formulations as baits, flea collars, disinfectants, pool chemicals, paints and stains would still be allowed in the designated zone.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 M.R.S.A. 8051 et seq., and 22 M.R.S.A. 1471-F and M.
PUBLIC HEARING: Wednesday, December 8, 1999 in the Downstairs Meeting Room of the William Pullen Municipal Building, 567 Common Road, Union. Participants should park at the rear of the building and use the rear ground floor entrance to the meeting room. There will be two sessions of the public hearing running from 3:00 to 6:00 p.m. and 7:00 to 9:00 p.m.
DEADLINE FOR COMMENTS: 4:00 p.m., December 31, 1999
AGENCY CONTACT PERSON: Robert 1. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: 207-287-2731
FAX: 207-287- 7548
EMAIL: robert.batteese@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/rules.htm


ADOPTIONS

AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 323, Electronic Business Transactions Standards
ADOPTED RULE NUMBER: 99-465
CONCISE SUMMARY: This rule establishes business processes and defines electronic transactions necessary to support retail competition as of March 1, 2000. The rule adopts the Maine Electronic Business Transactions (EBT) Standards appended to this rule.
EFFECTIVE DATE: November 9, 1999
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


AGENCY: 02-383 - Department of Professional and Financial Regulation, Board of Osteopathic Licensure
CHAPTER NUMBER AND TITLE: Ch. 14, Continuing Medical Education
ADOPTED RULE NUMBER: 99-464
CONCISE SUMMARY: This amendment will allow osteopathic specialists to apply those continuing medical education hours earned in their specialty toward their biennial 100 hour requirement. Previously, the Board accepted only AOA credits and will now accept ACGME and AMA credits.
EFFECTIVE DATE: November 8, 1999
AGENCY CONTACYPERSON: Susan E. Strout, Executive Secretary
AGENCY NAME: Maine Board of Osteopathic Licensure
ADDRESS: 142 SHS, Two Bangor Street, Augusta, ME 04333-0142
TELEPHONE: 207/287-2480
FAX:207/287-3015


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Emergency regulations:
Ch. 45.05(l), 1999 - 2000 Shrimp Season
Ch. 45.10(A)(B)(E)&(F), Net Restrictions
ADOPTED RULE NUMBER: 99-466
CONCISE SUMMARY: These emergency regulations begin the process of establishing the 1999 - 2000 Northern Shrimp season and updated net restrictions, in compliance with the Atlantic States Marine Fisheries Commission Northern Shrimp Fishery Management Plan set October 28, 1999. The season shall begin January 17, 2000 and end March 15, 2000, both dates inclusive, with Sundays closed throughout the season. The season for the harvest of shrimp by drag and by trap shall be the same. Amendments to these regulations also include the optional use of the double Nordmore grate and the cod end strengthener. 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, 1999
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: 10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 265, Maine Drug Testing Laboratory Rules (Amendment)
ADOPTED RULE NUMBER: 99-467
CONCISE SUMMARY: These amendments to the existing rule will:
Lower the minimum screening cutoff level for cannabanoids in urine from 100 to 50 ng/ml and lower the corresponding confirmation cutoff level from 20 to 15 ng/ml as mandated by the change in the statute.
Raise the minimum screening and confirmation levels for opiates from 300 to 2000 ng/ml for both and allow analysis for 6-acetyl morphine with a cutoff of 10 ng./ml when opiates are >2000 ng/ml as prescribed by the DOT.
Raise the minimum screening cutoff level for amphetamine/ methamphetamine from 300 to 1000 ng/ml and the confirmation cutoff from 300 to 500 ng/ml as prescribed by the DOT.
EFFECTIVE DATE: December 17, 1999
AGENCY CONTACT PERSON: Michael C. Sodano
AGENCY NAME: Health & Environmental Testing Laboratory
ADDRESS: 221 State Street, 12 State House Station, Augusta 04333
TELEPHONE: 287-1929
TTY: 207-897-4479


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 19, Homeless Programs Rule
ADOPTED RULE NUMBER: 99-468
CONCISE SUMMARY: The purpose of the amendment is to modify the funding formula by increasing by 5% the amount of funds allocated based upon occupancy and decreasing by 5% the amount of funds allocated evenly among all eligible applicants without regard to capacity or occupancy; to require nonprofit recipients to be 501(c)(3) corporations; to delete the late report penalty; to add financial reporting requirements; and to make minor technical revisions.
EFFECTIVE DATE: November 13, 1999
AGENCY CONTACT PERSON: Linda L. Sears, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600
TTY: (800) 452-4603


AGENCY: 99-346 - Maine State Housing Authority

CHAPTER NUMBER AND TITLE: Ch. 4, Eviction Procedures Under the Section 8 Existing Housing Program and the Section 23/8 Conversion Housing Program
ADOPTED RULE NUMBER: 99-469
CONCISE SUMMARY: Repeal of rule adopted in 1980 to comply with federal legislation which required the Authority, rather than the owner, to issue any eviction notices to tenants of Section 8 existing or Section 23/8 conversion housing. The rule is not applicable to any outstanding leases and is obsolete.

CHAPTER NUMBER AND TITLE: Ch. 8, Rental Rehabilitation/Conversion Loan Program Rule
ADOPTED RULE NUMBER: 99-470
CONCISE SUMMARY: Repeal of rule which established a program for the rehabilitation of residential rental structures and the conversion of single family structures into multi-family structures in accordance with the HUD Rental Rehabilitation Program. HUD discontinued its Rental Rehabilitation Program and the rule is obsolete.

CHAPTER NUMBER AND TITLE: Ch. 10, Fuel Oil Conservation Loan Program Rule
ADOPTED RULE NUMBER: 99-471
CONCISE SUMMARY Repeal of rule for program using oil overcharge funds for oil conservation. The Authority has not operated this program for several years and the rule is obsolete.

CHAPTER NUMBER AND TITLE: Ch. 18, Underground Oil Storage Tank Removal Program
ADOPTED RULE NUMBER: 99-472
CONCISE SUMMARY, Repeal of rule adopted to provide assistance for removal and disposal of underground oil storage tanks identified by DEP as leaking or posing an environmental threat or as having been abandoned. All funds have been disbursed and the rule is obsolete.

CHAPTER NUMBER AND TITLE: Ch. 20, Home Equity Conversion Mortgage Program Rule
ADOPTED RULE NUMBER: 99-473
CONCISE SUMMARY: Repeal of rule adopted in 1989 to access a HUD program to insure reverse mortgages. The Authority has discontinued the program and the rule is obsolete.
EFFECTIVE DATE. November 13, 1999

AGENCY CONTACT PERSON: Linda L. Sears, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600


AGENCY: 02-502 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Complementary Health Care Providers
CHAPTER NUMBER AND TITLE: Ch. 9, Fees
ADOPTED RULE NUMBER: 99-474
CONCISE SUMMARY: This chapter sets forth the fees to be charged for all applications and licenses issued by the Board. The license fees for acupuncturists and naturopathic doctors is being increased in order to collect sufficient revenue to support the licensing and regulatory program for the Board of Complementary Health Care Providers. The Board has a fiscal responsibility to pay its deficit and insure that adequate funds exist to operate the program as created by the Legislature.
EFFECTIVE DATE: November 14, 1999
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8625


AGENCY: 16-222 - Department of Public Safety, Bureau of State Police, State Bureau of Identification
RULE TITLE OR SUBJECT: Ch. 14, Rules Relating to the Sex Offender Registration and Notification Act of 1999
ADOPTED RULE NUMBER: 99-475
CONCISE SUMMARY This rule describes the photograph that a Sex Offender or Sexually Violent Predator needs to submit to the Maine State Police, State Bureau of identification, for the maintenance of the sex offender registry. It requires that a Passport Photograph, described as a full faced, chest up, unmounted, color photograph not larger than 2 3/4 x 2 1/2 inches, be submitted. The photograph will have a white or off-white background with a space showing above person's head. The photograph must have been taken not more than six (6) months prior to submission.
STATUTORY AUTHORITY: 34-A MRSA c. 15 11221
EFFECTIVE DATE: November 14, 1999
AGENCY CONTACT PERSON: Lt. Jackie M. Theriault
AGENCY NAME: Maine State Police, State Bureau of Identification
ADDRESS: 42 State House Station Augusta, ME 04333-0042
TELEPHONE: (207) 624-7097


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