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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 22, 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: 01-105 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #01-01
PROPOSED RULE NUMBER: 2000-P265
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 9:00 a.m., Thursday, December 14, 2000 Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: December 14,2000
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-148 - Department of Human Services, Bureau of Child and Family Services
RULE TITLE OR SUBJECT: Rules for the provision of payments for residential programs serving children.
PROPOSED RULE NUMBER: 2000-P266
CONCISE SUMMARY: These rules describe the requirement for contract development, rate development, payments for children's group homes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22 MRSA, Subchapter VII, 4062
PUBLIC HEARING: December 11, 2000, 9:00 a.m., UMA Auditorium, Jewett Hall, Augusta
DEADLINE FOR COMMENTS: December 21, 2000
AGENCY CONTACT PERSON:
AGENCY NAME: Marie P. Hodgdon
ADDRESS:DHS - BCFS, 221 State Street, Augusta, Maine 04333
TELEPHONE: 287-5283


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 2000-P267
CONCISE SUMMARY: This rule increases both the full standard utility allowance and the non-heat standard allowance used in calculating Food Stamp benefit amounts. This will result in some households receiving more benefits. These standard allowances are being increased due to the projected increasing costs of heating fuel. Effective March, 2001 the Excess Shelter Deduction will increase from $300 to $340 for those households that have a certification period beginning March 1, 2001 or after.
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 22, 2000.
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)


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 301, Standard Offer Service Rule
PROPOSED RULE NUMBER: 2000-P268
CONCISE SUMMARY: This rule establishes terms and conditions for standard offer service for electric generation, and establishes a methodology for selecting standard offer providers
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 1301, 1306, and 3212
PUBLIC HEARING: December 13, 2000, 2:30 p.m. in the Public Utilities Commission hearing room.
DEADLINE FOR COMMENTS: December 26, 2000
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-1396


AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 803, Participating Local District Consolidated Retirement Plan
PROPOSED RULE NUMBER: 2000-P269
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendments deal with the provisions of optional membership for employees that are covered by an alternative plan, modify the manner by which purchases of service may be made, clarify the portability provisions between regular and special plans, modify the minimum number of years of service required to qualify for a service retirement benefit, clarify the provisions of the defined contribution/deferred compensation plans, and make other clarifications and corrections to the rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 17103, sub- 4 and 18801 et seq.
PUBLIC HEARING: December 14, 2000; 9:05 a.m., Maine State Retirement System Second Floor Conference Room, Two Central Plaza, Augusta, Maine
04333
DEADLINE FOR COMMENTS: December 26, 2000
AGENCY CONTACT PERSON: Kathy Morin
AGENCYNAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: 287-3461 or 1-800-451-9800


ADOPTIONS

AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 169, The Administration of the Performance and Registration Information Systems Management (PRISM) Program
ADOPTED RULE NUMBER: 2000-493
CONCISE SUMMARY: This rule chapter implements the registration related requirements of the Performance Registration Information System and Management (PRISM) Program.
EFFECTIVE DATE: November 14, 2000
AGENCY CONTACT PERSON: Maurice J. Dionne Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, Maine 04333-0029
TELEPHONE: 207/624-9000 ext. 52127


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Swans Island Area Lobster Trap Regulation: Ch. 25.90(G), Lost Tag Replacement
ADOPTED RULE NUMBER: 2000-498
CONCISE SUMMARY: The Department has adopted amendments to the Swans Island Lobster Conservation Area lost tag replacement system for consistency with Department regulations Chapter 25.08, Lost Tag Replacement and the 10% trap loss policies of the National Marine Fisheries Service and Atlantic States Marine Fisheries Commission lobster management plans. The trap tag replacement system and distribution of those tags will be conducted through the local trap committee.

CHAPTER NUMBER AND TITLE: Ch. 25.95(1)(B)(2)(a), Monhegan Island Lobster Conservation Area, Open Season
ADOPTED RULE NUMBER: 2000-499
CONCISE SUMMARY: The Monhegan Island Lobster Conservation area, 180 day 2000-2001 open lobster fishing season, will begin December 1, 2000 and end May 29, 2001. This regulation conforms to 12 MRSA 6472.

CHAPTER NUMBER AND TITLE: Ch. 26.20(7), Sea Urchin Research Conservation Areas
ADOPTED RULE NUMBER: 2000-500
CONCISE SUMMARY: The Department has adopted a closed area, approximately two-miles square, located off Two Lights, Cape Elizabeth. This area will be used to determine the feasibility of reestablishing sea urchins by reseeding an area that has been depleted through over harvesting. The reseeding research project and closed area will conclude after three years and the regulation will sunset on March 31, 2004.

CHAPTER NUMBER AND TITLE: Ch. 26.05, Sea Urchin Drag Regulation
ADOPTED RULE NUMBER: 2000-501
CONCISE SUMMARY: The Department has amended the sea urchin drag size regulations to prohibit the possession of sea urchins on any vessel using drags greater than 5 feet 6 inches in width as established in Department regulations Chapter 26.05 effective August 14, 1994.

CHAPTER NUMBER AND TITLE:
Ch. 31, Horseshoe Crabs:
Ch. 31.05, Horseshoe Crabs - Permit and reporting requirements
Ch. 31.10, Horseshoe Crabs - Daily and Possession limits
ADOPTED RULE NUMBER: 2000-502
CONCISE SUMMARY: The Department of Marine Resources has adopted a 25 horseshoe crab per day per person possession limit, permit and reporting requirements, to comply with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan on Horseshoe Crabs. An exemption will be allowed for the possession of horseshoe crabs lawfully imported. Permits will be issued at no cost.

CHAPTER NUMBER AND TITLE: Ch. 32.02(1), Elver Harvest Reporting Requirements
ADOPTED RULE NUMBER: 2000-503
CONCISE SUMMARY: The Department of Marine Resources has adopted amendments to the elver dealer reporting requirements to bring them into compliance with the Atlantic States Marine Fisheries Commission Fishery Management Plan for American Eel. The reporting requirements will now include information on the number of pieces of gear and the numbers of days fished in the log book established in the Department regulations Chapter 32.02 effective March 31, 1998.

CHAPTER NUMBER AND TITLE: Ch. 32.04, Eel Harvest Reporting Requirements
ADOPTED RULE NUMBER: 2000-504
CONCISE SUMMARY: The Department of Marine Resources has adopted regulations that require eel harvesters to report a monthly summary of catch, effort, location fished, disposition of catch, price, dealer, and an estimate of eel size. This regulation brings the State of Maine into compliance with the Atlantic States Marine Fisheries Commission Fishery Management Plan for American Eel.

EFFECTIVE DATE: November 19, 2000
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584


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