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November 25, 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: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 206, Prevention and Control of Certain Diseases of Domestic Animals and Poultry
PROPOSED RULE NUMBER: 98-P61
CONCISE SUMMARY: New Comment Deadline. This rule updates importation rules and in-state health rules to reflect current disease concerns. The rule accepts a state's free status for importation where certain residency requirements are met, eliminating the requirement for testing.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 1752 and 7 MRSA 1812.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, December 28, 1998
AGENCY CONTACT PERSON: Shelley Falk, Director of Animal Health & Industry
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 28 State House Station, Deering Building, Augusta, Maine 04333
TELEPHONE: 207-287-7610

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45, 1998-1999 Shrimp Season
PROPOSED RULE NUMBER: 98-P263
CONCISE SUMMARY: This proposed rule will adopt, through the regular rule-making process, changes effective with the emergency rule for establishing the 1998-1999 shrimp season. The season shall begin December 15, 1998 and end May 25, 1999, with the following open dates: Dec. 15 to Dec. 23, 1998, Jan. 4 to Jan. 26, Feb. 1 to Feb. 23, Mar. 1 to Mar. 16, Apr. 1 to Apr. 28, and May 3 to May 25, 1999, dates inclusive. Saturdays and Sundays are closed throughout the entire season. The season for the harvest of shrimp by trap shall be January 10 through March 10, 1999, dates inclusive.
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 15, 1998
AGENCY CONTACT PERSON: Laurice Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission (LURC)
RULE TITLE OR SUBJECT: Ch. 10, Section 10.11, Nonconformance
PROPOSED RULE NUMBER: 98-P264
CONCISE SUMMARY: The Maine Land Use Regulation Commission is reinitiating the rulemaking process for its proposed rules on nonconformance. The Commission is undertaking this rulemaking to correct a technical error. Revised rules were not submitted to the Secretary of State's office within 120 days after the close of the hearing record. Interested parties may once again comment on proposed changes to the Commission's standards for nonconforming structures, uses and lots contained within Section 10.11 of the Land Use Districts and Standards, Chapter 10 of the Commission's regulations. These rules were originally published for hearing on April 8, 9, 14, 15, 16, 1998 and comments were received through May 1, 1998. The entire record for that hearing will be reintroduced, so those who participated need not restate their comments. The hearing record will be open from November 25, 1998 through December 31, 1998 in order to accommodate any comments from members of the public. The record will then be closed. These changes provide greater equity for owners of different sized nonconforming structures, allow for much easier tracking of expansions over time, offer incentives for moving structures away from the shoreline, and implement other measures that will better protect water quality.
HOW TO PARTICIPATE: All interested persons are invited to submit any written testimony which would have a bearing on this proposal. Interested persons may request a hearing in writing. Such requests should state how a hearing on this matter would provide new information (beyond that which will be included by the introduction of the earlier hearing record) that will better enable the Commission to make a decision regarding the proposed rule revision. Copies of the proposed rules remain available upon request from the Commission's Augusta office, 1-800-452-8711. Written comments should be sent to Andrew Fisk, Maine Land Use Regulation Commission, 22 State House Station, Augusta, Maine 04333. Comments may also be submitted. via electronic mail to andrew.c.fisk@maine.gov.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 685-A, Subsection 8
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: Thursday, December 31, 1998
AGENCY CONTACT PERSON: Andrew Fisk
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, 22 State House Station, Augusta, Maine 04333
TELEPHONE: 207-287-2631


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - SSI COLA Increase - 1999 PROPOSED RULE NUMBER: 98-P265
CONCISE SUMMARY: As of 1/1/99, this rule, which shows a 1.3% COLA increase in SSI benefits, changes the following monthly income amounts used in Medicaid: (1) the income limit for Home Based Waivers, Katy Beckett coverage and the categorical income limit for nursing care is changed from $1482 to $1500. (2) The income limit for the State Supplement for an individual living at home changes from $504 to $510 and for a couple, the change is from $756 to $766. Also, as of 1/1/99, this rule increases the amount of protected assets for the community spouse of a nursing home applicant. The new amount is $81,960. The maximum monthly income allocation to the community spouse from the nursing home applicant increases to $2,049.
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 28, 1998
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: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #99-01
PROPOSED RULE NUMBER: 98-P266
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 M.R.S.A. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., Thursday, December 10, 1998, Deering Building - Hospital Street, Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: December 10, 1998
NAME: Thomas C. Doak. Director/OPPLIS
ADDRESS: Maine Milk Commission Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144, Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 62, "Molecular Testing Services."
PROPOSED RULE NUMBER: 98-P267
CONCISE SUMMARY: This proposed rule increases the reimbursement rate for Cystic Fibrosis Screening Services from the present $78.07 to $97.50 effective with services provided on or after 11/1/98, and related minor 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 16, 1998. Time: 1:30 p.m. Location: 2nd Floor Conference Room, 35 Anthony Avenue, Augusta, Me. Copies of the proposed rule are available at local County Clerk offices.
DEADLINE FOR COMMENTS: December 28,1998
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy & Programs
ADDRESS: 35 Anthony Avenue
11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514, or at 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 5, Medical Fee Schedule
PROPOSED RULE NUMBER: 98-P268
CONCISE SUMMARY: This Chapter outlines billing procedures and reimbursement levels to health care providers and sets standards for health care reporting. The Board is proposing to repeal Appendix III that was effective 08/01/1997 and replace it with a new Appendix III. The Board is now proposing to implement Durable Medical Equipment and Supplies and Hospital Inpatient and Surgical Centers reimbursement levels; and Permanent Impairment Ratings.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A M.R.S.A. Sections 152(2) and 209
PUBLIC HEARING: Wednesday, December 16, 1998, 1:00 p.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, December 28, 1998, 5:00 p.m.
AGENCY CONTACT PERSON: Isabella Tighe, Deputy Director Medical/Rehab Services
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station Augusta ME 04333-0027
TELEPHONE: 207-287-7080


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 45.05, 1998-1999 Shrimp Season, Emergency Regulation
ADOPTED RULE NUMBER: 98-477
CONCISE SUMMARY: These emergency regulations begin the process of establishing the 1998-1999 northern shrimp fishing season, in compliance with the Atlantic States Marine Fisheries Commission Northern Shrimp Fishery Management Plan, set November 4, 1998. The season shall begin December 15, 1998 and end May 25, 1999, with the following open dates: Dec. 15 to Dec. 23, 1998, Jan. 4 to Jan. 26, Feb. 1 to Feb. 23, Mar. 1 to Mar. 16, Apr. 1 to Apr. 28, and May 3 to May 25, 1999, dates inclusive. Saturdays and Sundays are closed throughout the entire season. The season for the harvest of shrimp by trap shall be January 10 through March 10, 1999, dates inclusive. 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: Tuesday, December 1, 1998
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: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.95(1)(B)(2)(a), Monhegan Island Lobster Conservation Area, Open Season
ADOPTED RULE NUMBER: 98-478
CONCISE SUMMARY: This regulation adopts the recommendation from the Monhegan Island Lobster Conservation Area Local Committee for the 180 day 1998-1999 open lobster fishing season, beginning . December 1, 1998 and ending May 29, 1999 both days inclusive. This regulation conforms to 12 M.R.S.A. 6472. This regulation is a component of the system of conservation and utilization of the lobster resource established by 12 M.R.S.A. 6471 through 6477 for those who are registered to fish in the Monhegan Island Lobster Conservation Area.
EFFECTIVE DATE: November 22, 1998
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 Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 24, Day Habilitation Services for Persons With Mental Retardation
ADOPTED RULE NUMBER: 98-479
CONCISE SUMMARY: This rule removes any ceilings placed on day habilitation services for individuals under the age of 21.
EFFECTIVE DATE: December 1, 1998
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: Division of Medicaid Policy Development
ADDRESS: 11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5521
TTY (207) 287-1828 or (800) 423-4331


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order # 98-12
ADOPTED RULE NUMBER: 98-480
CONCISE SUMMARY: Minimum December, 1998 producer Class I set at $19.28 and no Northeast Interstate Dairy Compact over order price. December, 1998 Class II goes to $16.34 and Class III minimums set at $16.10. These changes were passed on in minimum prices.
EFFECTIVE DATE: December 1, 1998
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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