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November 18, 1998
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: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: This public hearing was mandated by the 118th Legislature and is intended to obtain public input on the "Interim Alternative Fuels Report" due to the legislature on January 15, 1999.
PROPOSED RULE NUMBER: Not Applicable
CONCISE SUMMARY: The Commissioner of the Department of Environmental Protection is holding a public hearing to solicit comments on an Interim Alternative Fuels Report released on October 13, 1998. The 118th Legislature ordered the Commissioner to investigate alternatives to reformulated gasoline with MTBE, and to solicit comments from the public on the proposed alternatives.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: P.L. 791
PUBLIC HEARING: December 1, 1998, 1-4 p.m., 6-9 p.m., Verrillo's Restaurant, Exit 8 ME Turnpike, 155 Riverside, Portland
DEADLINE FOR COMMENTS: December 2, 1998
AGENCY CONTACT PERSON:
NAME: Ronald Severance
ADDRESS: Bureau of Air Quality, Department of Environmental Protection, State House Station 17, Augusta, ME 04333
PHONE NUMBER: 207-287-2437

AGENCY: 02-265 - Department of Professional and Financial Regulation, Board of Barbering and Cosmetology
RULE TITLE OR SUBJECT:
Ch. 4: Repeal 4 and Replace with new Chapter 4, License Requirements for Licensing of Barbering and Cosmetology Instructors
New Ch. 6, Rules for Qualifying and Licensing of Schools.
PROPOSED RULE NUMBER: 98-P245
CONCISE SUMMARY: Chapter 4 - This chapter sets the standards which applicants must meet in order to receive a license to teach barbering and/or cosmetology, examination requirements, license renewal including continuing professional education. Chapter 6 - This chapter sets standards for the licensing of persons, partnerships, associations or corporations to maintain and operate schools of barbering and cosmetology. The rule includes standards relating to educational programs, instructors qualifications, records and record keeping, health and sanitation, safety and physical facilities, payment of refunds, and notices and information to be provided to students.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 M.R.S.A. 14204 and 14247
PUBLIC HEARING: December 7, 1998 - 11:00 a.m. - Kennebec Room, Maine Department of Professional and Financial Regulation, Board of Barbering and Cosmetology, Gardiner Annex - 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: December 18, 1998
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) 624-8632


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 3, Ambulatory Care Clinic Services and Related Allowances.
PROPOSED RULE NUMBER: 98-P260
CONCISE SUMMARY: This rule change is required to reflect changes in federal policy which allow Indian Health Clinics to enroll as either Ambulatory Care Clinics or Federally Qualified Health Centers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: December 10, 1998 at 3:00 p.m., 35 Anthony Avenue, Augusta, ME, 2nd floor conference room.
DEADLINE FOR COMMENTS: December 2l, 1998
AGENCY CONTACT PERSON: Marianne Ringel, Comprehensive Health Planner
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, State House Station #11, Augusta, Maine 04333
TELEPHONE: 207-624-5528
TTY: 1-800-423-4331 or 207-287-1828


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual, Ch. II & III, Section 36, Home and Community-Based Waiver Services for Individuals with Brain Injury and Related Allowances.
PROPOSED RULE NUMBER: 98-P261
CONCISE SUMMARY: This new rule will allow individuals with brain injury the option of receiving necessary services in a home or community setting instead of a nursing facility.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: There will be a public hearing at 35 Anthony Avenue, Augusta, ME, 2nd floor conference room on December 10, 1998 at 2 p.m.
DEADLINE FOR COMMENTS: December 21,1998
AGENCY CONTACT PERSON: Marianne Ringel, Comprehensive Health Planner
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, State House Station #11, Augusta, Maine 04333
TELEPHONE: 207-624-5528
TTY: 1-800-423-4331 or 207-287-1828


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 27, Retail Margins
PROPOSED RULE NUMBER: 98-P262
CONCISE SUMMARY: The Maine Milk Commission will be conducting a hearing on a new rule regarding Retail Margins.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. 2954
PUBLIC HEARING: 9:00 a.m., Thursday, December 10, 1998, Deering Building - Hospital Street Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: December 21,1998
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 400, 401, 402, 403, 404, 405, 406, 408, 409 and 418, Solid Waste Management Rules
ADOPTED RULE NUMBER:
98-452 (Ch. 400 - General Provisions)
98-453 (Ch. 401 - Landfill Siting, Design and Operation)
98-454 (Ch. 402 - Transfer Stations and Storage Sites for Solid Waste)
98-455 (Ch. 403 - Incineration Facilities)
98-456 (Ch. 405 - Water Quality Monitoring, Leachate Monitoring and Waste Characterization)
98-457 (Ch. 409 - Processing Facilities)
98-439 (Ch. 418 - Beneficial Use of Solid Wastes)
98-458 (REPEAL - Ch. 404 -Construction/Demolition Debris, Inert Fill, Landclearing Debris and Woodwaste)
98-459 (REPEAL - Ch. 406 - Storage or Disposal of Used or Scrap Tires)
98-460 (REPEAL - Ch. 408 - Recycling and Utilization of Solid Waste Residuals)
CONCISE SUMMARY: These rules revise the procedures, standards and requirements governing the Siting, approval and operation of solid waste activities and facilities. These rules replace rules last adopted or revised in 1989 and are intended to accomplish the following:
* incorporate changes made in Maine's laws,
* ensure consistency with applicable federal standards,
* apply changes and advances in available solid waste technology and gained through experience since 1989, and
* present the rules in a clearer way through the reorganization of chapters and sections of the rules and through reformatting.
EFFECTIVE DATE: November 2, 1998
AGENCY CONTACT PERSON: Clifton Eliason
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: 207-287-6115


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 98-472
CONCISE SUMMARY: This rule restores Federal Food Stamp eligibility to some legal immigrants and extends the eligibility period for Federal funding of benefits to refugees and asylees. This rule clarifies that income and expenses belong to the individual in whose name it is received, except for TANF benefits which must be prorated.
EFFECTIVE DATE: November 11, 1998
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)


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