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Weekly Rulemaking Notices Contact Us Find It

November 20, 2002
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: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 207, Real Estate Transfers
PROPOSED RULE NUMBER: 2002-P298
CONCISE SUMMARY: This rule sets forth the State Tax Assessor's construction of the recently-enacted statute applying the real estate transfer tax to the transfer or acquisition of a "controlling interest" in an entity with a fee interest in real property located in this state. The proposed rule provides relevant definitions, explanations of various aspects of the tax, and examples of how the tax applies to certain circumstances.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA 112
PUBLIC HEARING: None Scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: December 24, 2002
AGENCY CONTACT PERSON: David E. Bauer, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 202, Tree Growth Tax Law Valuations - 2003
PROPOSED RULE NUMBER: 2002-P289
CONCISE SUMMARY: This rule fulfills the requirement that the Executive Director annually establish the 100% valuations per acre for each forest type by economic region for parcels classified under the Tree Growth Tax Law. This rule is applicable for tax year 2003.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 36 MRSA 576
PUBLIC BEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: December 20, 2002
AGENCY CONTACT PERSON: Larry Record, Director
ADDRESS: Property Tax Division, P.O. Box 9106, Augusta, Maine 04332-9106
PHONE NUMBER: (207) 287-2013


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence

RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - SSI COLA Increase 2003
PROPOSED RULE NUMBER: 2002-P290
CONCISE SUMMARY: As of 1/1/03, this rule, which shows a 1.4% COLA increase in SSI benefits, changes the following monthly income amounts used in MaineCare: (1) The monthly income limit for Home Based Waivers, Katy Beckett coverage and the categorical income limit for nursing care is changed from $1,635 to $1,656. The monthly income limit for Adult Family Care Home is changed from $1,706 to $1,728. (2) The income limit for the State Supplement for an individual living at home changes from $555 to $562 and for a couple, the change is from $832 to $844. Also, as of 1/1/03, this rule increases the amount of protected assets for the community spouse of a nursing home applicant. The new amount is $90,660. The maximum monthly income allocation to a community spouse from the nursing home applicant increases to $2,267. The QI 2 payment for 2003 is eliminated. The maximum State Supplement payment to residents of Cost Reimbursed Boarding Homes and Adult Family Care Homes is now $234 (up from $219) for 1 person. For a couple the new amount is $636 (up from $631).

RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual - MaineCare / Healthy Maine Prescriptions, Low Cost Drugs
PROPOSED RULE NUMBER: 2002-P291
CONCISE SUMMARY: Effective with applications received as of January 1, 2003, the Bureau of Family Independence will take over total administration of Low Cost Drugs as part of MaineCare Healthy Maine Prescriptions. Benefits are not changing. This rule gives more detailed information on financial eligibility rules for Healthy Maine Prescriptions including Low Cost Drugs.

THESE RULES 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 20, 2002
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.94(2)(e), Lobster Management Zones, Zone E, and Ch. 25.94(2)(f), Lobster Management Zones, Zone F
PROPOSED RULE NUMBER: 2002-P292
CONCISE SUMMARY: The proposed rulemaking would revise the western boundary for Zone E, and the eastern boundary for Zone F, to more accurately reflect historic fishing grounds in the waters adjacent and below Cape Small. The new line would begin at Newbury Point in Small Point Harbor, Phippsburg, then proceed due SSW to N"2", then proceed SSE to "2BH", then due south magnetic to the Exclusive Economic Zone (EEZ).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6446(l), 6171
PUBLIC HEARING: Monday, December 9, 2002, 6:30 p.m., Phippsburg, Elementary School Gymnasium, 1047 Main Road, Route 209, Phippsburg
DEADLINE FOR COMMENTS: Thursday, December 19, 2002
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: 65-407 - Public Utilities Commission

RULE TITLE OR SUBJECT: Ch. 280, Provision of Competitive Telecommunications Services
PROPOSED RULE NUMBER: 2002-P293
CONCISE SUMMARY: This rulemaking proposes to amend Section 8 of Ch. 280. Section 8 governs the establishment of intrastate access rates by local exchange carriers that are paid by interexchange carriers for the use of the local exchange carriers' networks. The proposed amendments are designed to implement 35-A MRSA 7101-B, which requires intrastate access rates that are less than or equal to interstate access rates.
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 301, 1301, 2102, 2105, 2110, 7101, 7101-B and 7303

RULE TITLE OR SUBJECT: Ch. 285, Maine Telecommunications Education Access Fund
PROPOSED RULE NUMBER: 2002-P294
CONCISE SUMMARY: This rulemaking proposes to amend Ch. 285, which established the Maine Telecommunications Education Access Fund (MTEAF). The MTEAF provides funding to schools and libraries for the purposes stated in 35-A MRSA 7104-B. The proposed amendments are designed to make the collection of contributions from telecommunications entities that must contribute to the Fund and the collection of contributions under Ch. 288 (High Cost Universal Service Fund) consistent with each other.
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 7104-B

RULE TITLE OR SUBJECT: Ch. 288, High Cost Universal Service Fund
PROPOSED RULE NUMBER: 2002-P295
CONCISE SUMMARY: This rulemaking proposes to amend Ch. 288, which established the High Cost Universal Service Fund. That Fund provides support for "high cost" local exchange telephone companies that are not able to maintain affordable rates for local exchange service without that support. Some of the proposed amendments are designed to make the collection of contributions from telecommunications carriers that must contribute to the Fund and the collection of contributions under Ch. 285 (Maine Telecommunications Education Access Fund) consistent with each other. Other proposed amendments establish an application process for "high cost" companies and modify the provisions that allow contributing carriers to charge a surcharge on their customers for the recovery of their contributions.
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 7104

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: December 30, 2002
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-3831


ADOPTIONS: No adoptions this week.



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