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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) 624-7650
FAX (207) 287-6545

November 28, 2001
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: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT: Ch. 54, Disclosure Statement
PROPOSED RULE NUMBER: 2001-P208
CONCISE SUMMARY This chapter describes the statutory disclosure of license category, training and experience to be made by licensed interpreters and transliterators to consumers and to persons who engage the interpreter's services. Disclosure consists of a one-page disclosure statement to be distributed at no cost and without request by interpreters at an event or encounter that relates to a specific deaf individual in attendance. The specific disclosure statement which interpreters must use is part of the chapter.
This chapter is currently the subject of a pending rule-making proceeding, and was addressed at a public hearing that took place on September 17, 2001. Through inadvertence, the proposed rule originally submitted to the Secretary of State and sent to interested parties, did not include a specific disclosure statement as part of the chapter, although the text of the proposed rule incorrectly indicated that a specimen disclosure statement was attached. Because adoption of a specific disclosure statement as part of this chapter would be a substantial difference from the proposed rule, OLR is requesting additional written comment on the revised chapter in its entirely at this time.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 1531; 5 MRSA 8052(5)(B)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: December 28, 2001
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333 TELEPHONE: (207) 624-8615


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Revised Ch. 850, Health Plan Accountability
PROPOSED RULE NUMBER: 2001-P239
CONCISE SUMMARY: Rule number 2001-P239, amendments to Rule Ch. 850, "Health Plan Accountability," which was previously published on October 3, 2001 with a hearing date of October 26, 2001, is being rescheduled for hearing to December 17, 2001. Please see details of hearing location below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A MRSA 2772, 2774, 4218, 4222-A and 4309.
PUBLIC HEARING: December 17, 2001, 9:00 a.m., Androscoggin Room, Department of Professional & Financial Regulation, Building 124, Northern Avenue, Gardiner, Maine 04345
DEADLINE FOR COMMENTS: December 28, 2001 - 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME. 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 602, Procedures for Contract Awards
PROPOSED RULE NUMBER: 2001-P285
CONCISE SUMMARY: This chapter outlines the policy of the Maine State Retirement System in selecting a contractor to provide services to the System and the procedures that may be used by the MSRS in the selection process. This chapter also defines the procedures and requirements in the event of an appeal of a contract award decision.
A public hearing on this proposed rule was held October 17, 2001. The rule is being re-noticed as substantial changes have been made to the original proposed rule. Therefore, comments are again being requested.
TIHS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUT0RYAUTH0RITY: 5 MRSA 17103
PUBLIC HEARING: Held October 17, 2001
DEADLINE FOR COMMENTS: December 28, 2001
AGENCY CONTACT PERSON. Gail Drake Wright, Chief Deputy
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 287-3461 or 1 (800) 451-9800


AGENCY: 05-071 - Joint rule between State Board of Education and Maine Department of Education
RULE TITLE OR SUBJECT: Ch. 125, Basic Approval Standards: Public Schools and School Units
PROPOSED RULE NUMBER: 2001-P286
CONCISE SUMMARY: This rule applies to all public schools and to schools that are approved by the Department of Education. The rule replaces the School Improvement Plan with the Comprehensive Education Plan, which encompasses all plans required by the Department through statute or rule. It clarifies all school approval requirements, in alignment with the system of Learning Results, in the following categories: Curriculum and Comprehensive Assessment System Instructional Time, School Unit Organization and School Size, Educator Quality, Instructional Support Resources, School Health Services and Safety Procedures, Facilities, and Records and Reports. It establishes basis and process for the Commissioner to conduct School Reviews & Inspections. It specifies the conditions for receiving or being denied school approval status, and provides for waivers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 4502.5
PUBLIC HEARING: Wednesday, December 19, 2001, 1 to 5 p.m., Room 103, Burton M. Cross State Office Building. Note: individuals can participate in the hearing simultaneously using the Department's Distance Learning Network from the following locations: Bangor Public Library, ATM room; Gorham High School, room 116; Presque Isle High School, room 116
DEADLINE FOR COMMENTS: Written comments must be received in the Department of Education by 5 p.m., Friday, January 4, 2002. This can be accomplished by: delivering them to the receptionist on the 5th floor of the Burton M. Cross State Office Building; mailing them to Dr. Judith Lucarelli, Deputy Commissioner, 23 State House Station, Augusta, ME 04333-0023; faxing them to Dr. Judith Lucarelli, Deputy Commissioner, (207) 624-6601; e-mailing them to judy.lucarelli@maine.gov
AGENCY CONTACT PERSON: Dr. Judith Lucarelli
AGENCY NAM[E: State Board of Education and Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6620


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45.05, Shrimp Season, 2002
PROPOSED RULE NUMBER: 2001-P287
CONCISE SUMMARY: The proposed regulations will adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing the 2001 - 2002 shrimp season. The season shall take place from February 15, 2002 to March 11, 2002, all dates inclusive. The season for the harvest of shrimp by drag and by trap shall be the same.
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 28, 2001
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).
If you require accommodations due to disability, please contact Breena Whitcomb at (207) 624-6567.


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE-TANF Program Rules
PROPOSED RULE NUMBER: 2001-P288
CONCISE SUMMARY: Changes in the ASPIRE-TANF Program Rules are being re-proposed to remedy flaws in the legal adoption process when these rules were originally proposed, in August, 2000 and adopted in November, 2000. No additional rules changes are being proposed which were not in the original August 2000 document. The content of the proposed rules corrects omissions/makes clarifications from prior rules changes, and increases the ASPIRE-TANF Program's ability to work efficiently and effectively with TANF recipients through the provision of necessary services, such as those available from community organizations on a fee-for-services basis.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3762-3790
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: January 4, 2002
AGENCY CONTACT PERSON: Stephen W. Telow, ASPIRE Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-3309 / 1 (800) 442-6003
FAX NUMBER: (207) 287-5096
TTY: (207) 287-6948


AGENCY: 05-071 - Department of Education and State Board of Education
RULE TITLE OR SUBJECT: Ch. 114, Policy, Procedures and Standards for the Review and Approval of Educational Personnel Preparation Programs
PROPOSED RULE NUMBER: 2001-P289
CONCISE SUMMARY: This chapter contains the Educational Personnel Policy statement of the State Board of Education and the State Board of Education adopted procedures and standards for review and approval of higher education programs which prepare professional educators.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 8; 20-A MRSA 402(4); 405(3)F(F); 406
PUBLIC HEARING: Monday, December 17, 2001 from 1:00 - 3:00 p.m., Burton M. Cross State Office Building, Room 103 (ATM Studio) and: Bangor Public Library ATM Studio; Gorham High School ATM Studio; Presque Isle High School, ATM Studio
DEADLINE FOR COMMENTS: Written comments may be submitted to Department of Education, Attention Judith Malcolm by 5:00 p.m, Monday, January 7, 2002
AGENCY CONTACT PERSON: Judith Malcolm
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6845


ADOPTIONS

AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2001-494
CONCISE SUMMARY This amendment adjusts fees for ten licensing boards within the Office of Licensing & Registration. The affected programs are: the Board of Accountancy, the Athletic Commission, the Board of Licensing of Auctioneers, the Board of Elevator and Tramway Safety, the Board of Licensure of Foresters, the Board of Hearing Aid Dealers and Fitters, the Nursing Home Administrators Licensing Board, the Board of Pharmacy, the Plumbers' Examining Board and the State Board of Examiners of Psychologists. The amendment lowers license fees of the Board of Accountancy and increases fees of the other programs listed above.
EFFECTIVE DATE: November 24, 2001
AGENCY CONTACT PERSON: Jeffrey Frankel
AGENCY NAME: Department of Professional and Financial Regulation, Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8615


AGENCY: 90-564 - Fund Insurance Review Board
CHAPTER NUMBER AND TITLE: Ch. 4, Oil Import Fees
ADOPTED RULE NUMBER: 2001-495
CONCISE SUMMARY: This rule amends current Ch. 4, Oil Import Fees, to make it conform to P.L. 2001, c. 216, 3 (eff. 9/21/01). The legislation increases both the minimum balance required in the Ground Water Oil Clean-up Fund before the Fund Insurance Review Board may implement rules increasing oil import fees, and the amount of the additional fee per barrel that may be assessed. The legislation also increases the amount of the fund balance required to terminate any increased fee.
EFFECTIVE DATE: November 24, 2001
AGENCY CONTACT PERSON: Veronica Costa
AGENCY NAME: Fund Insurance Review Board
ADDRESS: c/o Finance Authority of Maine, P.O. Box 949, Augusta, Maine 04332
TELEPHONE: 1 (800) 228-3734


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 45.05, Shrimp Season, 2002 - Emergency Regulations
ADOPTED RULE NUMBER: 2001-496
CONCISE SUMMARY: These emergency regulations begin the process of establishing the 2001 - 2002 Northern Shrimp season in compliance with the Atlantic States Marine Fisheries Commission Northern Shrimp Fishery Management Plan set November 13, 2001. The season shall take place from February 15, 2002 to March 11, 2002. The season for the harvest of shrimp by drag and by trap shall be the same.
PUBLIC HEARING: 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: December 1, 2001
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


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 55.25, Use of draggers in Penobscot Bay, Knox County
ADOPTED RULE NUMBER: 2001-497
CONCISE SUMMARY: Ch. 55.25, originally enacted in 1959, was promulgated to prohibit the dragging of lobsters in the lower region of Penobscot Bay. In 1977, 12 MRSA 6952 was enacted, which prohibited dragging for lobster coast wide. It is the Department's position that Ch. 55.25 is now obsolete and therefore has repealed this regulation.

CHAPTER NUMBER AND TITLE:
Ch. 55.65, Salmon fishing in Pleasant River, Washington County - Repeal
Ch. 55.70(B), Fishing in Dennys River, Washington County - Partial Repeal
ADOPTED RULE NUMBER: 2001-498
CONCISE SUMMARY: The Department of Marine Resources has repealed regulations under Ch. 55.65 and 55.70(B) pertaining to the method of taking Atlantic salmon in the Pleasant River and Dennys River, in Washington County. The Atlantic Salmon Commission (ASC) regulations, 94-289 CMR Ch. 1.01 and 1.02, that became effective January 1, 2000 prohibit fishing for, or the taking of, Atlantic salmon throughout Maine waters and have superceded these regulations. Ch. 55.70(A) pertaining to alewives is retained in the regulations.

CHAPTER NUMBER AND TITLE: Ch. 45.05(l)(A)(2)(c), Unbaited shrimp traps
ADOPTED RULE NUMBER: 2001-499
CONCISE SUMMARY: The Commissioner of Marine Resources has amended this regulation by repealing that portion of the rule that allows traps to be set 5-days prior to the start of the season, while retaining the allowance for trappers to retrieve unbaited traps following the close of the annual shrimp season. This amendment is considered the fairest approach at this time to address the issues concerning gear conflicts and the respective economic disadvantages claimed by persons who trawl or trap shrimp.

EFFECTIVE DATE: November 25, 2001
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04676-0008
TELEPHONE: (207) 633-9584


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 36.01(D)(1)(a), Herring, Spawning Area Restrictions, Eastern Maine
ADOPTED RULE NUMBER: 2001-500
CONCISE SUMMARY: The Commissioner of the Department of Marine Resources adopts this amendment to the herring management plan regulations for compliance with the Atlantic States Marine Fisheries Commission, Technical Addendum #1a, to Amendment 1, to the Interstate Fishery Management Plan for Atlantic Sea Herring. The amendment revises the Eastern Maine restricted spawning area by eliminating the angle located at approximately at 44 07' N and 67 53' W to include the entire area of Inner Schoodic Ridge to protect spawning herring.
EFFECTIVE DATE: November 25, 2001
AGENCY CONTACT PERSON: Lewis N. Flagg
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6550


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 25.95(l)(D)(4), Monhegan Island Lobster Conservation Area, Registrant Limit
ADOPTED RULE NUMBER: 2001-501
CONCISE SUMMARY: Pursuant to 12 MRSA 6474(3) and (6), the number of registrants in the Monhegan Island Lobster Conservation Area is based on the number of persons eligible for Monhegan Lobster Conservation Area trap tags during the 1998-1999 season. For historical clarity, the regulations have been amended to add a sentence to the rule declaring that number (17).

CHAPTER NUMBER AND TITLE: Ch. 25.90(B)(1), Swans Island Conservation Area
ADOPTED RULE NUMBER: 2001-502
CONCISE SUMMARY: The Commissioner has adopted two changes to the definition of the Swans Island Conservation Area boundary line. The geodetic coordinates have been converted to decimal degrees and the intersection point on the eastern line has been moved westerly from the northern point on the eastern Sister Island to a point midway between the Sister Islands. This change visually aligns the intersection between the Sister Island with Bass Harbor Head Light and the northeastern tip of Placentia Island.

CHAPTER NUMBER AND TITLE: Ch. 25.40, Green Crabs
ADOPTED RULE NUMBER: 2001-503
CONCISE SUMMARY: A green crab license is required pursuant to 12 MRSA 6808, which became effective July 1, 2001. These amended regulations establish through the regular rule-making process, and replace emergency regulations that became effective July 6, 2001, to establish the trap design, trap marking and harvest limitations and reporting requirements in compliance with 12 MRSA 6808 and 6810. Municipalities that participate with the Department under a shellfish management program are exempt from the license requirement under 12 MRSA 6808(4); however municipalities are not exempt from the reporting requirements.

EFFECTIVE DATE: November 25, 2001
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04676-0008
TELEPHONE: (207) 633-9584


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE:
Ch. 11.19, Cobscook Bay Limits and Restrictions
Ch. 11.15, Repeal (of old title line)
Ch. 11.01(4) (punctuation correction)
ADOPTED RULE NUMBER: 2001-504
CONCISE SUMMARY: The Commissioner of Marine Resources has adopted limitations on the harvest of scallops in Cobscook Bay to prevent over fishing of the scallop resource in compliance with 12 MRSA 6728, which became effective September 21, 2001. The regulations define the ratio of shellstock to volume of scallop meat as 1 1/2 bushels of shellstock to one gallon of scallop meat and describe the requirements on how scallops harvested outside Cobscook Bay may be legally landed or transited through this area. These regulations will sunset 24 months from the effective date of the regulations. The old title line for section 11.15, Cobscook Bay, is repealed and punctuation corrected in 11.01(4).
EFFECTIVE DATE: December 1, 2001
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


AGENCY: 10-144 - Department of Human Services, Bureau of 0der and Adult Services, Assisted Living Licensing Services
CHAPTER NUMBER AND TITLE: Ch. 113, Rules and Regulations Governing Licensing and Functioning of Assisted Living Facilities
ADOPTED RULE NUMBER: 2001-505
CONCISE SUMMARY: Several changes were made to the regulations to conform with Statue in the following areas; Default licensing, an increase in fines for operating without a license, issuing a single license for multi-level facilities, and moving requirements for Alzheimers/Dementia units to a chapter that will apply the standards to all assisted living facilities. Several definitions were added for more consistent interpretation of requirements. Definitions for Congregate Housing Services Programs, Level-1 and Level-1 Plus facilities, useable floor space and rental space. New requirements are adopted pertaining to grab bars, administration of PRN medications, ratio of bathing facilities and training requirements for Level II administrators. Amendments to requirements for nursing oversight and several changes in grammar and punctuation were also made.
EFFECTIVE DATE: January 1, 2002
AGENCY CONTACT PERSON: Peter Mauro, Jr., Director, Assisted Living Licensing Services
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5250
TOLL FREE: 1 (800) 791-4080
TOLL FREE TTY: 1 (888) 720-1925


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