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November 26, 2003
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: 16-222 - Department of Public Safety, Bureau of State Police
RULE TITLE OR SUBJECT: Ch. 3, Rules and Regulations Relating to Beano
PROPOSED RULE NUMBER: 2003-P267
CONCISE SUMMARY: Allows leasing of Electronic Beano Equipment.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 17, Ch. 13-A, Section 317
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: December 31, 2003
AGENCY CONTACT PERSONS:
Sgt. Barry Hathaway - phone (207) 624-8784, or
Lt. John Dyer, phone (207) 624-8731
AGENCY NAME: Bureau of State Police
ADDRESS: 164 State House Station, Augusta, ME 04333


AGENCY: 16-222 - Department of Public Safety, Bureau of State Police
RULE TITLE OR SUBJECT: Ch. 4, Motor Carrier Safety Rules
PROPOSED RULE NUMBER: 2003-P268
CONCISE SUMMARY: These rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the safe operation of motor carriers as found in 49 Code of Federal Regulations Parts 40, 382, 390, 391, 392, 393, 395 and 396. Changes have been made to the hours of service regulations in Part 395 and to the load securement regulations in Part 393. This adoption will keep Maine current with the rest of the Nation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 29-A MRSA 555.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: December 26, 2003
AGENCY CONTACT PERSON: John Fraser
AGENCY NAME: Bureau of State Police
ADDRESS: 20 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8939


AGENCY: 14-118 - Department of Behavioral and Developmental Services, Office of Substance Abuse
RULE TITLE OR SUBJECT: Ch. 4, Regulations for Licensing/Certifying of Substance Abuse Treatment Programs in the State of Maine
PROPOSED RULE NUMBER: 2003-P269
CONCISE SUMMARY: These regulations provide the necessary information for the substance abuse programs within the State of Maine to obtain a license for residential treatment programs and a certificate for nonresidential treatment programs. It is being amended to bring the licensing rule for opioid agonist treatment programs in line with the Federal rules and current practice standards.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 20005 & 20024; 42 CFR Part 8
PUBLIC HEARING: December 16, 2003, 2 p.m., Office of Substance Abuse Conference Room, Marquardt Building, East Campus, Augusta ME 04333
DEADLINE FOR COMMENTS: December 29, 2003
AGENCY CONTACT PERSON: Nancy Christensen
AGENCY NAME: Department of Behavioral and Developmental Services
ADDRESS: 40 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7368 (V)
TTY: (207) 287-2000


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual - SSI COLA Increase 2004
PROPOSED RULE NUMBER: 2003-P273
CONCISE SUMMARY: The SSI COLA increase of 2.1 % is reflected in MaineCare income limits for coverage in the following MaineCare categories: Home Based Waivers, Katy Beckett, Categorical Nursing Care, Adult Family Care Homes, and the income limit for the State Supplement. The amount of protected assets for a community spouse of a nursing home applicant increases to $92,760. The maximum monthly income to a community spouse of a nursing home resident increases to $2,319.
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 26, 2003
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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Updated List of Waived Geographic Areas for the. Time Limited Rule for ABAWDS, Excluded Resources, Excluded Income
PROPOSED RULE NUMBER: 2003-P274
CONCISE SUMMARY: This policy updates the geographic areas whose residents are exempt from the three-month time limited rule for ABAWDS (Able Bodied Adults Without Dependents). To be exempt, the area must have an unemployment rate of at least 20% higher than the national average for a specific 24-month period. The following municipalities no longer are exempt: Leeds, Minot, Fort Fairfield, Houlton, Limestone, Oakfield, Portage Lake, St. Agatha, Harrison, Amherst, Bucksport, Cranberry Isles, Eastbrook, Great Pond, Hancock, Lamoine, Mariaville, Mount Desert, Osborn, Otis, Sedgwick, Sorrento, Southwest Harbor, Sullivan, Surry, Tremont, Trenton, Waltham, Winter Harbor, Albion, Benton, Monmouth, Mount Vernon, Penobscot Nation, Richmond, Palermo, and Ogunquit.
The following municipalities are being added to the exempt list: Alfred, Lebanon, Limerick, Newfield, North Berwick, Shapleigh, and Waterboro. The other municipalities on the current exempt list remain on that list.
Funds in a HUD Family Self-Sufficiency Program's escrow account will now be excluded as available income and as an available resource. Benefits received from the Nutritional Assistance Program (NAP) in Puerto Rico are to be treated as excluded income.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: December 26, 2003
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 05-071 - State Board of Education
RULE TITLE OR SUBJECT: Ch. 115, Certification, Authorization, and Approval of Education Personnel: Part I, Standards and Procedures for Certification, Authorization and Approval; Part II, Requirement for Specific Certificates and Endorsements
PROPOSED RULE NUMBER: 2003-P275
CONCISE SUMMARY: This rule repeals and replaces the existing Ch. 115. The rule revisions will become effective August 1, 2005. This rule includes alternative pathways to certification for teachers, education specialists, and administrators. The rule is amended to allow teacher candidates and administrator candidates for certification the option of taking an assessment in lieu of some prescribed course work. The rule includes new performance standards for both beginning teachers and school administrators. Most teacher endorsements and educational specialist certificates will require 24 semester hours of content coursework plus assessments in basic skills, content and pedagogy. Computer technology, gifted/talented and ESL endorsements will not require a different teacher endorsement as a prerequisite. To meet the knowledge areas for an administrator certificate, there will be an assessment option. New certificates for athletic directors and assistant administrators of special education will be available.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA 13011(1)
PUBLIC HEARING: December 17, 2003, 2:00 p.m. - 4:00 p.m., Maine State Library, ATM Room, Augusta, Maine and the following ATM sites: Bangor Public Library, South Portland High School, and Presque Isle High School.
DEADLINE FOR COMMENTS: December 31, 2003
AGENCY CONTACT PERSON: Judith Malcolm, Education Policy Director
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6616


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45.05(l)(A)(2), Shrimp Season, 2003 - 2004
PROPOSED RULE NUMBER: 2003-P276
CONCISE SUMMARY: These proposed regulations would adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing the 2003- 2004 shrimp season. The proposed season would take place from January 19, 2004 to March 12, 2004 with Saturday and Sunday's closed. Mechanical (powered) shaking of shrimp aboard any vessel would be prohibited.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested
DEADLINE FOR COMMENTS: Friday, December 26, 2003
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9684
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)


AGENCY: 02-280 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Accountancy
RULE TITLE OR SUBJECT:
Amendments to Ch. 3, Examination Requirements
Amendments to Ch. 4, Application for Certificate (formerly Experience Requirements)
Amendments to Ch. 5, Permits to Practice, Individual
PROPOSED RULE NUMBER: 2003-P277
CONCISE SUMMARY: The Board's rules require revision for the following reasons: (1) To implement the computer-based examination for Certified Public Accountants and Public Accountants. The first computer-based examination is scheduled for May 2004. (2) To implement an application process for obtaining a certificate of Certified Public Accountant or Public Accountant. There is currently no application that must be completed when applying for a certificate. (3) To clarify the "permit to practice" requirements for applicants holding permits issued by this state as well as other states. The proposed rules change the continuing education requirement by requiring that licensees obtain 40 hours of CPE annually, due at time of renewal. The proposed rules also change the expiration date of all CPA and PA licensees to September 30 annually.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 12214(4)
PUBLIC HEARING: Wednesday, December 17, 2003, 9:00 a.m., Androscoggin Room, Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, ME 04345
DEADLINE FOR WRITTEN COMMENTS: January 5, 2004
AGENCY CONTACT PERSON:
NAME: Cheryl. Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 31, Affordable Housing Development District - Recovery of Public Revenue Rule
PROPOSED RULE NUMBER: 2003-P278
CONCISE SUMMARY: Subject to the satisfaction of certain conditions and the approval of the Maine State Housing Authority, municipalities may create affordable housing development districts. A municipality that creates an affordable housing development district benefits from the use of increased property values relating to the district without any offsets to the municipality's State revenue sharing and education subsidies or increase in county taxes. This sheltering of increased assessed value results in a reallocation of State revenue sharing and education subsidies and county tax obligations among other municipalities in the State. Without an affordable housing development district, this tax shift would not occur; in that case, the municipality's revenue sharing and education subsidies would decrease and its county tax obligations would increase as a result of increased assessed values. In the event that an affordable housing development district fails to continue satisfying the conditions of its creation, this rule provides for the recovery from the municipality of public revenue resulting from beneficial tax shifts resulting from the creation of the affordable housing development district.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY 30-A MRSA 5250-E.2, 4741.1.
PUBLIC HEARING: December 16, 2003, 10:00 a.m., Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: December 29, 2003, 5:00 p.m.
AGENCY CONTACT PERSON: Linda Sears Uhl
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 615, Higher Education Loan Purchase Program
ADOPTED RULE NUMBER: 2003-438
CONCISE SUMMARY: This rule implements the Higher Education Loan Purchase Program whereby the authority may purchase federally guaranteed student loans from eligible lenders that have entered into a contract with the Authority to provide specified borrower benefits to borrowers.
EFFECTIVE DATE: November 3, 2003
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 02-032 - Department of Professional and Financial Regulation, Office of Securities
CHAPTER NUMBER AND TITLE: Ch. 541, Sales Representative Annual Renewal Fee
ADOPTED RULE NUMBER: 2003-439
CONCISE SUMMARY: The Office of Securities regulates sales representatives who offer and sell securities in Maine. These sales representatives pay annual license renewal fees that serve as a dedicated funding source for this agency. Due to market expansion over the past few years, the number of sales representatives has increased such that the renewal fees collected have surpassed the funding needed to pay for the Office of Securities' budget allocation. To assess fees that more closely reflect this agency's budget allocation, this renewal fee is being reduced from $40 to $30.
EFFECTIVE DATE: November 23, 2003
AGENCY CONTACT PERSON: Christine A. Bruenn, Securities Administrator
AGENCY NAME: Office of Securities
ADDRESS: 121 State House Station, Augusta, ME 04333-0121
TELEPHONE: (207) 624-8551


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 45.05(l)(A)(2), Shrimp Season, 2003 - 2004, Emergency Regulations
ADOPTED RULE NUMBER: 2003-440
CONCISE SUMMARY: These emergency regulations begin the process of establishing the 2003 - 2004 Northern Shrimp season in compliance with the Atlantic States Marine Fisheries Commission Northern Shrimp Fishery Management Plan set November 12, 2003. The season shall take place from January 19, 2004 to March 12, 2004 with Saturday and Sunday's closed. Mechanical (powered) shaking of shrimp aboard any vessel is prohibited.
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: Wednesday, November 26, 2003
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)


AGENCY: 17-229 - Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 299, Parts A & B, Highway Driveway and Entrance Rules (Amendment)
ADOPTED RULE NUMBER: 2003-441
CONCISE SUMMARY: This amendment to the previously adopted Highway Driveway and Entrance Rules clarifies administrative provisions and increases flexibility for permit applicants.
EFFECTIVE DATE: November 23, 2003
AGENCY CONTACT PERSON: Kathy Fuller
AGENCY NAME: Department of Transportation
ADDRESS: Bureau of Planning, 16 State House Station, Augusta ME 04333-0016
TELEPHONE: (207) 624-3281


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 37, Energy Conservation Adjustment for Electric Utilities
ADOPTED RULE NUMBER: 2003-442
CONCISE SUMMARY: This law requires the Commission to develop and administer conservation programs funded through assessments on T&D utilities. Since T&D utilities are no longer administering conservation programs, the Commission proposed repealing Ch. 37, as it is no longer needed.
EFFECTIVE DATE: November 24, 2003
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services

CHAPTER NUMBER AND TITLE: Ch. 110, Regulations for the Licensing and Functioning of Skilled Nursing and Nursing Facilities
ADOPTED RULE NUMBER: 2003-443
CONCISE SUMMARY These final rules increase the per bed fee from $15.00 to $26.00 per bed for a license to operate a skilled nursing facility or a nursing facility in the State of Maine.

CHAPTER NUMBER AND TITLE: Ch. 112, Regulations for the Licensing of General and Specialty Hospitals in the State of Maine
ADOPTED RULE NUMBER: 2003-444
CONCISE SUMMARY: These final regulations incorporate the per bed fee increase of licensure to operate a hospital in the State of Maine from $10.00 per bed to $40.00 per bed.

EFFECTIVE DATE: December 1, 2003
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Drive, #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
DEAF/HARD OF HEARING: (207) 287-9312
FAX: (207) 287-9304


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 103, Rules for Vehicle Dealers, Auctions, Transporters, and Loaners
ADOPTED RULE NUMBER: 2003-445
CONCISE SUMMARY To require the dealer license type and dealer license number to be identified on the lower right hand corner of each temporary plate issued. It also requires a dealer applicant to submit a State Bureau of Identification (SBI) report with his/her application material and allows the Secretary of State to request an SBI report from any dealership at the time of their renewal.
EFFECTIVE DATE: November 25, 2003
AGENCY CONTACT PERSON: Susan Harris-Pomerleau
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: Dealer and Agent Services, 101 Hospital Street, Augusta, ME 04333
TELEPHONE: (207) 624-9243


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE:
Ch. 11.10(B), Atlantic Sea Scallops, Minimum size - compliance
Ch. 11.07(1)(a)(i)&(iii), Configuration of Drag - Technical corrections
ADOPTED RULE NUMBER: 2003-446
CONCISE SUMMARY: This rulemaking incrementally raises the minimum size for the possession of Atlantic sea scallops to those whose shells measure 3 3/4 inches in the longest diameter effective December 1, 2003 through November 30, 2004, and then increases to 4 inches effective December 1, 2004 and thereafter. These increases are adopted for compliance and consistency with 12 MRSA 6729, which became effective September 13, 2003.
Separately, the sentence structure of Ch. 11.07(l)(A)(i) on the configuration of the scallop drag is corrected to match the sentence structure of the following subsections (ii) and (iii). Proposed changes to non-substantive wording contained in Ch. 11.07(l)(A)(iii), which became effective November 25, 2002, were not adopted at this time, but will be reviewed in a future rulemaking.


CHAPTER NUMBER AND TITLE: Ch. 25.85, Lobster Trap Escape Vent Dimensions -Technical Correction and removal of citations to formerly repealed Ch. 25.91 and 25.92
ADOPTED RULE NUMBER: 2003-447
CONCISE SUMMARY: Ch. 25.85 was promulgated to make the escape vent dimensions compliant with the escape vent placement as described in 12 MRSA 6433(A). However, as promulgated, the regulation omitted a portion of the authorizing statute as it related to an alternate placement of the vent, i.e., "...or on the top if the escape vent is placed over the head of an end parlor section". The adopted amendments correct the regulations for consistency with the authorizing statute. Two citations for the formerly repealed sections 91 and 92 would are removed as a technical clean up for consistency within the chapter.

EFFECTIVE DATE: November 25, 2003
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04675-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9600 or 287-4474 (Deaf/Hard of Hearing)


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