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December 3, 1997
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: 90-351 - Worker' Compensation Board
RULE TITLE OR SUBJECT: Chapter 2 213 - Compensation for Partial Incapacity
PROPOSED RULE NUMBER: 97-P257
CONCISE SUMMARY: This rule lowers the permanent impairment threshold from 15% to 11%. It also declines to extend the 260-week limitation for 52 weeks.
THIS RULE WILL NOT X HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2) and 213
PUBLIC HEARING: Monday, December 22, 1997, 1:00 p.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, 1st Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Friday, January 2, 1998, 5:00 p.m.
AGENCY CONTACT PERSON: Julia A. Finn, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207-297-7094

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Chapter ?: Lobster Trap Limits Established by Lobster Management Zones
PROPOSED RULE NUMBER: 97-P258
CONCISE SUMMARY: The Commissioner has accepted the recommendation from the lobster management zone council for Zone G that will enact a reduction in the number of lobster traps allowed to be fished by license holders in Zone G. The maximum number of lobster traps would be 1200 as of March 1, 1998, 1000 traps as of March 1, 1999 and 800 traps as of March 1, 2000. This proposed rule was approved by zone members in a zone-wide referendum. The Commissioner has accepted the recommendation from the lobster management zone council for Zone E that will enact a reduction in the number of lobster traps allowed to be fished by license holders in Zone E. The maximum number of lobster traps would be 800 as of March 1, 1998, 700 traps as of March 1, 1999 and 600 traps as of March 1, 2000. This proposed rule was approved by zone members in a zone-wide referendum.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6446 and 6447 PUBLIC HEARING: None required, 12 M.R.S.A. 6446(4). DEADLINE FOR COMMENTS: Friday, January 2, 1997
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: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 180 (?): Child Development Services System: Regional Provider Advisory Boards
PROPOSED RULE NUMBER: 97-P259
CONCISE SUMMARY: The rule governs the establishment of advisory boards to regional Child Development Services Boards of Directors; the advisory boards consist of representatives of catchment area service providers, to advise on matters related to service provision to children and families within the regions served by the Child Development Services sites.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 7727(3) and 7732-A (10)
PUBLIC HEARING: Monday, December 22, 1997, 2:00 - 4:00 p.m., Room 113 State Office Building, Augusta, Maine
DEADLINE FOR COMMENTS: January 2, 1998
AGENCY CONTACT PERSON: Susan Corrente Esq.
AGENCY NAME: CDS State IEU
ADDRESS: 146 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-3272


AGENCY: 18-364 - Department Of Administrative And Financial Services, State Liquor And Lottery Commission
RULE NUMBER BEING AMENDED: 18-364 CMR Chapters 1-21
PROPOSED RUNE NUMBER: 97-P260
CONCISE SUMMARY: The purpose of State Lottery rules is to specify the procedural framework, consistent with relevant statutes (8 M.R.S.A. chapter 14-A), for the operation of the Maine State Lottery. The rules cover license eligibility, application procedures, the requirements for operation as a lottery agent and the procedures for claiming and awarding prizes. The State Liquor and Lottery Commission proposes to revise and readopt the rules relating to the operation of the Maine State Lottery. The current rules were adopted in 1990. They need to be revised to reflect changes in statutes and in operating procedures since the rules were last adopted. The rules will be merged from 21 chapters into one chapter with section numbers that are the same as the old chapter numbers. The new rules will also be revised for clarity and to reflect current rule-drafting style and gender will neutrality. A copy of the proposed rule amendments may be obtained from the contact person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 M.R.S.A. 374
PUBLIC HEARING: None planned; one may be requested by 5 or more persons.
DEADLINE FOR COMMENTS: Monday, January 5, 1998, 4:00 p.m.
AGENCY CONTACT PERSON: Pam Coutts, Deputy Director
AGENCY NAME: Bureau of Alcoholic Beverages and Lottery Operations
MAIL ADDRESS: 8 State House Station, Augusta, Maine 04333-0008
LOCATION: 10-12 Water Street, Hallowell, Maine
TELEPHONE: (207) 287-3721
FAX: (207)287-6769
TTY: (207)287-6791


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #332 Maine Medicaid Eligibility Manual - Protected Assets, Disregard of Payments from Walker v. Bayer, Personal Needs Allowance
PROPOSED RULE NUMBER: 97-261
CONCISE SUMMARY: This rule:
1. Increases the protected assets for the community spouse of a nursing home applicant and the maximum income allocation for those in a nursing facility, and,
2. Disregards as payments received in the Walter v. Bayer class settlement, and,
3. Increases the personal needs allowance for single individuals in nursing homes who get a VA pension to $130 per month.
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: January 2, 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


ADOPTIONS

AGENCY: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health

CHAPTER NUMBER AND TITLE: Chapter 2, Occupational Safety and Health Standards for General Employment in the Public Sector and OSHA Instructions CPL 2.106 Procedures and Scheduling for Occupational Exposure to Tuberculosis for Fixed Establishments Only.
ADOPTED RULE NUMBER: 97-393
CONCISE SUMMARY: The purpose of this Chapter is to incorporate by reference rules governing Occupational Safety and Health in general employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR 1910 as most recently amended as of July 1, 1996, and OSHA Instructions CPL 2.106 Procedures and Scheduling for Occupational Exposure to Tuberculosis for Fixed Establishments Only.

CHAPTER NUMBER AND TITLE: Chapter 3, Occupational Safety and Health Standards for Construction Employment n the Public Sector.
ADOPTED RULE NUMBER: 97-394
CONCISE SUMMARY: The purpose of this Chapter is to incorporate by reference rules governing Occupational Safety and Health in construction employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR 1926 as most recently amended as of July 1, 1996. The State Board of Occupational Safety and Health also adopts the U. S. Department of Labor, Occupational Safety and Health Administration Safety Standards for Scaffolds used in the construction industry issued August 30, 1996.

EFFECTIVE DATE: November 4, 1997
AGENCY CONTACT PERSON: Alan C. Hinsey, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6406


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Chapter 157, The Administration of Overdimension and Overweight Permits
ADOPTED RULE NUMBER: 97-395
CONCISE SUMMARY: The purpose of this rulemaking is to allow, under police escort, the movement of oversize vehicles during night hours when movement during daylight hours present a greater risk to public safety and for the rule to conform to the statute allowing any police to escort loads.
EFFECTIVE DATE: November 11, 1997
AGENCY CONTACT PERSON: Maurice J. Dionne Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station Augusta, Maine 04333-0029
TELEPHONE: 207/287.8633


AGENCIES:
02-029 - Bureau of Banking
02-030 - Office of Consumer Credit Regulation
02-031 - Bureau of Insurance

CHAPTER NUMBERS AND TITLE:
Bureau of Banking: Chapter 139, Regulation 39
Office of Consumer Credit Regulation, Chapter 400
Bureau of Insurance, Chapter 880
"Sale of Insurance Products by Financial Institutions and Supervised Lenders"
ADOPTED RULE NUMBERS: 97-395
CONCISE SUMMARY: This rule has been jointly promulgated by the Bureau of Banking, the Office of Consumer Credit Regulation, and the Bureau of Insurance, as required by P.L. 1997, c. 315, "An Act to Regulate the Sale of Insurance by Federally and State-chartered Financial Institutions." The rule addresses issues regarding the use of signs, the physical location of the sale of insurance products, and the identification of insurance agencies, producers, and consultants associated with financial institutions, financial institution holding companies, credit unions, supervised lenders, or the affiliates of any of the foregoing, in connection with the sale of insurance by these institutions or their affiliates.
EFFECTIVE DATE: November 11, 1997
AGENCY CONTACT PERSONS:
Bureau of Banking: Colette L. Mooney, Deputy Superintendent, 36 State House Station, Augusta, Maine 04333-0036. (207) 624-8570
Office of Consumer Credit Regulation: William N. Lund, Director, 35 State House Station, Augusta, Maine 04333-0035. (207) 624-8527
Bureau of Insurance: Alessandro A. luppa, Acting Superintendent, 34 State House Station, Augusta, Maine 04333-0034. (207) 624-8475


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #332 Medicaid Eligibility Manual
1). Treatment of VA pension for those residing in a VA nursing home.
2). Coverage of children at 100% of Federal Poverty Level.
ADOPTED RULE NUMBER: 97-400
CONCISE SUMMARY: Effective 11/1/97, Medicaid will count as income all of a VA pension an individual receives over $90 per month, including that part based on aid and attendance or unusual medical expenses, when setting an individual's cost of care. This rule applies to single veterans with no dependents and their surviving spouse who are getting Medicaid in VA nursing homes. VA pensions to those in other nursing homes are normally reduced to the $90 per month. This change is made due to a change in Federal Law. It means that those in VA and non VA Nursing Homes will be treated the same by Medicaid. Children up to age 14 will be covered at 1 00% of the Federal Poverty Level (currently $885/month for a 2 person household)
EFFECTIVE DATE:
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Chapter 330, Minimum Standards for Mental Illness Benefits
ADOPTED RULE NUMBER: 97-402
CONCISE SUMMARY: Federal law requires policies issued or renewed after January 1, 1998, to groups larger than 50 to provide the same dollar maximums for mental health as for physical conditions. These amendments to Chapter 330 bring it into conformity with the federal requirements.
EFFECTIVE DATE: December 1, 1997
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation Bureau of Insurance, 34 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 1 5, Payment of Benefits, Fringe Benefits
ADOPTED RULE NUMBER: 97-403
CONCISE SUMMARY: This rule clarifies the average weekly wage calculation when fringe benefits are included. It also addresses the filing of supplemental wage statements and the calculation of partial incapacity benefits.
EFFECTIVE DATE: November 29, 1997
AGENCY CONTACT PERSON: Julia A. Finn, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station Augusta, Maine 04333-0027
TELEPHONE: 207-287-7094


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Chapter 25.95, Monhegan Island Lobster Trap Regulation
ADOPTED RULE NUMBER: 97-405
CONCISE SUMMARY: This regulation changes the description of the Monhegan Island Conservation Area and changes the closed season dates to sundown June 25 through 12:01 a.m. December 1 of each year. The registration deadline to fish for lobster in the Monhegan Area is changed from September 1 to August 1 for all future years. The rule also requires the identification and registration of all sternmen and further clarifies where registrants may fish in waters outside of the Monhegan Island Conservation Area. All registrants, except unlicensed sternmen, will be prohibited from switching areas during the year in which they are registered to fish for lobster in the Monhegan Island Conservation Area.
EFFECTIVE DATE: December 1, 1997
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


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