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November 27, 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. 02-381 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Oil and Solid Fuel Board
RULE TITLE OR SUBJECT:
Amend Ch. 3, Categories and Responsibilities of Licensure
Amend Ch. 4, Qualifications for Licensure
PROPOSED RULE NUMEBER: 2002-P296
CONCISE SUMMARY: The proposed rules set forth the duties and responsibilities as well as the qualifications for licensure of a limited tank installer. These rules are being amended to implement the requirements of Public Law Ch. 633 that allows the Oil and Solid Fuel Board to issue a limited license to a manufactured housing mechanic for the limited purpose of allowing the mechanic to install outside residential heating oil tanks connected to manufactured housing units.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 2401 and 2402-A
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR WRITTEN COMMENTS: Monday, January 6, 2003, 5:00 p.m.
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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: TANF Caseload Reduction Report
PROPOSED RULE NUMBER:2002-P297
CONCISE SUMMARY: The Department of Human Services, Bureau of Family Independence announces that, the TANF Caseload Reduction Report is available for review and comment -at: Department of Human Services, #11 State House Station, Whitten Road, Augusta, ME 04333
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 12, 2002
AGENCY CONTACT PERSON: Rose Masure, TANF 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) 287-5089
TTY: (207) 267-6948 (Deaf/Hard of Hearing)


AGENCY: 10-149 - Department of Human Services, Bureau of Elder and Adult Services, Assisted Living Licensing Services
RULE TITLE OR SUBJECT: Ch 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs
PROPOSED RULE NUMBER: 2002-P298
CONCISE SUMMARY: Pursuant to PL 01, Ch. 596, An Act to Implement the Recommendations of the Commission to Study Assisted Living, and to respond to suggestions made by consumers and providers, Ch. 113, Regulations Governing the Licensing and Functioning of Assisted Living Facilities, will be repealed and replaced. In addition, Ch. 121 will be repealed and AFCH will now be part of Ch. 113, Level 111. The new Ch. 113 is re-titled as Regulations Governing Licensing and Functioning of Assisted Housing Programs and will consist of the following sections: Assisted Living Programs (formerly Congregate Housing); Level I (one to two bed homes [formerly Level I]); Level II (three to six beds [formerly Level I]); Level III (three to six beds [formerly Level I Plus and Ch. 121 AFCH]); and Level IV (more than 7 beds [formerly known as Level II]). These new regulations reflect the new "aging in place" definition, eliminate the optional licensing of the "former" Congregate Level II, incorporate changes in the fire safety requirements, expand sanctions to the Assisted Living Programs, classify certain violations and extend receivership as an alternative for Assisted Living facilities. Administrative corrections for grammar, punctuation and inconsistencies have been made.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 01 Ch. 596, Ch. 1666-A Section 7931 et seq. 22 MSRA, Ch. 405, Sections 1812-C, 1812-G, Ch. 413, Section 2053, Ch. 1453, Section 5107-A, Ch. 1663, Sections 7801, 7802, 7804, Ch. 1664, Sections 7851-7861, Ch. 1666, Section 7922, 32 MRSA, Ch. 31, Section 2102.
PUBLIC HEARING: A public hearing will be held on Monday, December 16, 2002 at 1 p.m., Piscataquis/Sagadahoc Room, Augusta Civic Center, Augusta, Maine
DEADLINE FOR COMMENTS: December 30, 2002
AGENCY CONTACT PERSON: Peter Mauro, Jr., Director
AGENCY NAME: Assisted Living Licensing Services
ADDRESS: 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9250; (800) 791-4080
TTY: (207) 287-9234; (888) 720-1925
E-MAIL: peter.mauro@maine.gov


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45.05(l)(A)(2), Shrimp Season, 2002 - 2003
PROPOSED RULE NUMBER: 2002-P299
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 2002 - 2003 shrimp season. The proposed season would take place from January 15, 2003 to February 27, 2003 inclusive, with Friday's closed. The season for the harvest of shrimp by drag and by trap would be the same dates.
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 27, 2002
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
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
WEB SITE: www.maine.gov/dmr/rulemaking


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 11.20(B), Scallop fishing in the Kittery Area - Season
PROPOSED RULE NUMBER: 2002-P300
CONCISE SUMMARY: The proposed rule-making would prohibit scallop fishing by drag only in the Kittery area during the month of December, within Maine's territorial waters, west of a line drawn from the Horn at the tip of Cape Neddick, to Boon Island Light, to the Boon Island Ledge Whistle, then to the intersection of the 3-mile limit on a magnetic bearing of 104 degrees.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171, 6171-A
PUBLIC HEARING: None scheduled; one may be requested
DEADLINE FOR COMMENTS: Friday, December 27, 2002
AGENCY CONTACT PERSON: Terry Stockwell
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04676-0008
TELEPHONE: (207) 633-9556
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 26, Producer Margin
PROPOSED RULE NUMBER: 2002-P301
CONCISE SUMMARY: Hearing to obtain information on cost of milk production in Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNTCIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2953
PUBLIC HEARING: 10 a.m., Friday, December 20, 2002, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 319, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
Prefile: December 20, 2002
Closing Comments: 5:00 p.m. Monday, December 30, 2002
NAME: Stanley Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 05-071 - Department of Education
ADOPTED RULE NUMBERS: 2002-432 through 2002-449
RULE TITLE AND CONCISE SUMMARY:
The Department has repealed the following rules:
Ch. 003, Award of Grants and Contracts by the Department of Education and Cultural Services: This rule is being repealed since it has been replaced by Dept of Administration and Financial Services Rule, Ch. 120.
Ch. 012, State Assessment of Student Performance: This rule is being repealed since it has been replaced by Dept of Education Rule, Ch 127.
Ch. 31, Ch. 1 Migrant Education Program Requirements: This rule is being repealed since federal statute and regulations no longer require it.
Ch. 32, Ch. 1, Program Requirements: This rule is being repealed since federal statute and regulations no longer require it.
Ch. 62, Approval of Lease Costs of School Buildings: This rule should be repealed since it has been absorbed into Me Dept of Education chapter 64.
Ch. 63, Repair/Replacement Roofs: This rule is being repealed since bond funds have been dispersed and the rule is no longer necessary.
Ch. 65, Major Maintenance Projects: This rule is being repealed since bond funds have been dispersed and the rule is no longer necessary.
Ch. 103, FY 1984 - FY 1986 Maine State Plan: This rule is being repealed since the provisions of this rule have been consolidated into Me Dept of Education, Ch 101.
Ch. 108, Joint Regulations between Department of Education and Department of Mental Health and Mental Retardation: This rule is being repealed since the statutory provisions were accomplished through an interagency cooperative agreement.
Ch. 111, Teacher Recognition Grants: This rule is being repealed since the statutory provisions were accomplished through a one-time grant program during the 1985-1986 school year.
Ch. 113, Organizational units Responsible for the Certification of Education Professionals: This rule is being repealed since the statutory provisions have been consolidated into Me Dept of Education Reg Ch 115.
Ch. 115-A, Re-certification of Educational Personnel: This rule should be repealed since the statutory provisions have been consolidated into Me Dept of Education Ch 115.
Ch. 116, Professional Development: This rule is being repealed since the statutory provisions have been consolidated into Me Dept of Education Ch 125.
Ch. 117, Placement Registration: This rule is being repealed since the statutory provisions have been repealed.
Ch. 121, Early Elementary, Kindergarten to Grade Three, School Assistance Program: This rule is being repealed since the statutory provisions have been repealed.
Ch. 175, Early Childhood Demonstration Sites Grants: This rule should be repealed since the statutory provisions have been repealed.
Ch. 223, General Adult Education: This rule is being repealed since the statutory provisions have been consolidated into me Dept of Education, Ch. 225 and 229.
STATUTORY AUTHORITY: 5 MRSA 1831; 20-A MRSA 260; 20-A MRSA 4251-1; 20-A MRSA 6204 - 6209; 20-A MRSA 7003; 20-A MRSA 8306-A; 20-A MRSA 13506; 20-A MRSA 13011 - 13019-e; 20-A MRSA 7204, 15601 & 15602; 20-A MRSA Ch. 313 & 315 and Federal Education Consolidation Improvement Act
EFFECTIVE DATE: November 23, 2002
AGENCY CONTACT PERSON: Judy Lucarelli, Deputy Commissioner,
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: 624-6606


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 45.05(l)(A)(2), Shrimp Season, 2002 - 2003, Emergency Regulations
ADOPTED RULE NUMBER: 2002-452
CONCISE SUMMARY: These emergency regulations begin the process of establishing the 2002 - 2003 Northern Shrimp season in compliance with the Atlantic States Marine Fisheries Commission Northern Shrimp Fishery Management Plan set November 13, 2002. The season shall take place from January 15, 2003 to February 27, 2003 with Friday's closed. The season for the harvest of shrimp by drag and by trap shall be the same dates. 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 27, 2002
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
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 01-017 - Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 9, Sire Stakes
ADOPTED RULE NUMBER: 2002-453
CONCISE SUMMARY: This rule was adopted to prevent a contradiction within the rules, Ch. 9, Section 2, subsection 4.
EFFECTIVE DATE: November 24, 2002
AGENCY CONTACT PERSON: Henry W. Jackson, Executive Director
AGENCY NAME: Maine State Harness Racing Commission
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 16, Allocation of State Ceiling for Low Income Housing Tax Credit
ADOPTED RULE NUMBER: 2002-454
CONCISE SUMMARY: The Maine State Housing Authority is amending the Allocation of State Ceiling for Low-Income Housing Tax Credit Rule (the "Rule") as follows: (i) To modify the formula for calculating the state tax credit ceiling to include an inflation adjustment factor pursuant to the Code; (ii) to revise the SRO set-aside threshold criteria to eliminate the project size limitation and the requirement that 50% of the units in the project be located in a Qualified Census Tract or Difficult to Develop Area (as defined in the Rule); (iii) to provide that successful applicants who are awarded tax credits under the SRO set- aside will be eligible for project-based Section 8 rental subsidy if the Authority makes the resource available; (iv) to increase the maximum credit restriction from $400,000 to $450,000 per project; (v) to eliminate the February and October tax credit reservation cycles; (vi)
to open the March tax credit reservation cycle to applications for the SRO set-aside; (vii) to allow applicants with a binding agreement (as defined in the Rule) who experience development cost increases resulting in an insubstantial increase in tax credits to request additional tax credits without applying in subsequent funding rounds; (viii) to require submission of the housing needs market study prior to an allocation of tax credits rather than at the time of application; (ix) to clarify that below market funding commitments must include certain financing terms (i.e., interest rate, amortization period, loan term and any security required) to be awarded points under the leveraged funds selection criteria; (x) to clarify that he value of donated property, of which only a portion will be used for the tax credit project, will be prorated based on the square footage of the property attributed to the tax credit project; (2d) to reduce the percentage of the developer fee, which an applicant must pledge as a source of funds for the construction of the tax credit project, to be awarded points under the leveraged funds selection criteria; (xii) to update the housing need ranks for assisted living projects; (xiii) to update and clarify the monitoring requirements in accordance with changes to the Code; and (xiv) to
make updates, clarifications and grammatical changes.
EFFECTIVE DATE: November 25, 2002
AGENCY CONTACT PERSON: Jodie Stevens, Counsel
AGENCYNAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207) 626-4600 (voice)
(800) 452-4603 (TTY)



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