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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

December 20, 2000
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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 119, Regulations Governing the Licensing and Functioning of Home Health Care Services
PROPOSED RULE NUMBER: 2000-P277
CONCISE SUMMARY These rules are established to provide for revisions of existing regulations to reflect current standards of practice in home health agencies today. Chapter 7.A.4., Physician Services, will change the twenty-one (21) day requirement to a thirty (30) day requirement regarding physician's verbal orders.
The addition of Chapter 7.1., Behavioral Services (Community Support Services). The Department of Human Services and the Department of Mental Health/Mental Retardation and Office of Substance Abuse, in order not to duplicate Maine's existing licensure fees and paperwork, have acknowledged Home Health Care Services Providers to provide behavioral mental health services to children under the present Home Health Care Services licensure process. The Home Health Care Services Provider would not be required to have mental health clinic licensure.
These draft regulations will reflect current practices in home health agencies and clarify the requirements for behavioral services for children under the Mental Health Agency licensing standards under Community Support Services standards and the Rights of Recipients of Mental Health Services, who are children in need of treatment using the same regulations as in mental health clinics.
THIS RULE WILL X WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-B MRSA 3601, 34-B MRSA 1203-A(7)(A), 22 MRSA 2141 et seq.
DATE(S)/PLACE(S) OF HEARING(S): None scheduled unless requested by five (5) or more individuals.
DEADLINE FOR COMMENTS:
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
FAX: (207) 624-5386
TTY (Deaf/Hard of Hearing): (207) 624-5512


AGENCY: 02-383 - Board of Osteopathic Licensure (affiliated w/Dept. of Professional & Financial Regulation)
RULE TITLE OR SUBJECT: Ch. (New), Prescribing & Treatment For Self/Family Members
PROPOSED RULE NUMBER: 2000-P278
CONCISE SUMMARY: Ordinarily, physicians should not treat themselves or their immediate family members. However, there are times when it is necessary and/or appropriate for a physician to do so. This rule acknowledges that reality and defines situations in which that care would be appropriate. Since physician assistants must provide medical treatment under the direction of a physician, except in cases ofemergency, they may not independently treat self or immediate family members.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 2562 & 2581
PUBLIC HEARING: January 11, 2000, Lower Level Conference Room, 2 Bangor Street, Augusta, ME 04330
DEADLINE FOR COMMENTS: January 31, 2001
AGENCY CONTACT PERSON: Susan E. Strout, Executive Secretary
AGENCY NAME: Maine Board of Osteopathic Licensure
ADDRESS: 142 State House Station, Two Bangor Street, Augusta, ME 04333-0142
TELEPHONE: 207/287-2480


AGENCY: 01-017 - Maine Harness Racing Commission
RULE TITLE OR SUBJECT: Ch. 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21
PROPOSED RULE NUMBER: 2000-P279
CONCISE SUMMARY: The proposed revision to the Commission Rules will provide easier access in finding the rule that is to be applied. Additionally, the clarifying language will remove doubt as to the meaning and intent of the rules. Further, certain sections have been either repealed or placed in other chapters where they belong.
TIES RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 8 MRSA 268 & 279-A
PUBLIC HEARING, January 11, 2001, 9:00 a.m., Piscataquis-Sagadahock Room, Augusta Civic Center, Augusta, Maine
DEADLINE FOR COMMENTS: January 29, 2001
AGENCY CONTACT PERSON: Henry W. Jackson, Executive Director
AGENCY NAME: Maine Harness Racing Commission
ADDRESS: 28 State House Station, Augusta, Maine 04330-0028
TELEPHONE: 207-287-3221


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Moose Hunting
PROPOSED RULE NUMBER: 2000-P280
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife proposes to issue 3,000 moose hunting permits (2,505 any moose permits and 495 antlerless only permits), allocated by Wildlife Management District (WMD) as follows for the 2001 season:
(Any Moose / Antlerless Moose)
WMD 1 - 175/0
WMD 2 - 120/25
WMD 3 - 175/100
WMD 4 - 320/20
WMD 5 - 140/20
WMD 6 - 220/100
WMD 7 - 150/40
WMD 8 - 360/80
WMD 9 - 100/0
WMD 10 - 130/0
WMD 11 - 160/100
WMD 12 - 50/0
WMD 13 - 50/0
WMD 14 - 40/10
WMD 18 - 100/0
WMD 19 - 135/0
WMD 28 - 50/0
WMD 29 - 30/0
TOTAL: 2505/495
STATUTORY AUTHORITY: 12 MRSA 7035, 7463-A
PUBLIC HEARING: January 8, 2001, Augusta Civic Center, Lincoln/Oxford Room; 6:30 p.m..
DEADLINE FOR COMMENTS: January 18, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 2.04, Rules Pertaining to Fishing Derbies and Tournaments
PROPOSED RULE NUMBER: 2000-P281
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule increasing the total cash value of prizes (excluding door prizes) that may be awarded at any single fishing derby or tournament from $5,000 to $10,000 and from $10,000 to $20,000 when the derby or tournament is of a statewide nature or only involves waters not managed by the Department for coldwater fish species.
STATUTORY AUTHORITY: 12 MRSA 7035, 7155
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: January 19, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201
E-MAIL: andrea.erskine@maine.gov


AGENCY: 94-411 - Maine State Retirement System

RULE TITLE OR SUBJECT: Ch. 201, Reporting by Participating Local Districts and Public Schools
PROPOSED RULE NUMBER: 2000-P288
CONCISE SUMMARY: This chapter regulates payroll filing relationships between the Maine State Retirement System and the Participating Local Districts and School Systems, These amendments clarify the deadline for the filing of monthly payrolls; provide for the assessment of interest when a filing deadline is not met, and set up the rate of interest to be assessed.
STATUTORY AUTHORITY: 5 MRSA 17103(4), 17105(5), 17201, 18204

RULE TITLE OR SUBJECT: Ch. 301, Interest Calculations
PROPOSED RULE NUMBER: 2000-P282
CONCISE SUMMARY: Chapter 301 is repealed in its entirety and the replacement chapter sets forth the niethod by which interest is to be computed for crediting to individual member accounts and for charging when inembers make payments or repayments for past creditable service time.
STATUTORY AUTHORITY: 5 MRSA 17103(4), 17156, 17704, 17704-A

RULE TITLE OR SUBJECT: Ch. 402, Interest Charges on Back Contributions
PROPOSED RULE NUMBER: 2000-P283
CONCISE SUMMARY: This rule is repealed in its entirety. The concepts of the rule are carried forward into Chapter 301, as amended.
STATUTORY AUTHORITY: 5 MRSA 17103(4)

RULE TITLE OR SUBJECT: Ch. 406, Payment or Repayment of Contributions, Back Time, Refunds or Purchase of Service Credits
PROPOSED RULE NUMBER: 2000-P284
CONCISE SUMMARY: This rule governs the requirement relating to payments made to the Maine State Retirement System by members to pay or repay contributions for back time, refunds or purchase of service credits for such time as military service or out of state service. These amendments allow for the purchase of such service through payroll deduction as ail additional or alternative method of payment. The amendments also establish the level of minimum payment required by members that are purchasing service.

RULE TITLE OR SUBJECT: Ch. 803, Participating Local District Consolidated Retirement Plan
PROPOSED RULE NUMBER: 2000-P285
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendments deal with the provisions of optional membership for employees that are covered by an alternative plan, modify the manner by which purchases of service may be made, clarify the portability provisions between regular and special plans, modify the minimum number of years of service required to qualify for a service retirement benefit, clarify the provisions of the defined contribution/deferred compensation plans, and make other clarifications and corrections to the rule.
STATUTORY AUTHORITY: 5 MRSA 17103 (4) and 18801 et seq.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: January 11, 2001; at 9:05 a.m., Maine State Retirement System, Second Floor Conference Room, Two Central Plaza, Augusta, ME 04330
DEADLINE FOR COMMENTS: January 22, 2001
AGENCY CONTACT PERSON: Kathy Morin
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: 287-3461 or 1-800-451-9800


AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. (New), Maine Farms For The Future Program
PROPOSED RULE NUMBER: 2000-P286
CONCISE SUMMARY This chapter establishes the rules governing administration of the Maine Farms for the Future program. The program assists farm businesses, who are under pressure of closing due to adjacent development, in making and implementing business plans to keep the farm economically viable. The program develops a list of service providers who may help the farm, establishes what the farm must do to develop and implement a business plan, as well as establishes the criteria and selection process to access grant funds in exchange for entering into farmland protection agreements with the State. The rule will establish the procedures to select the program administrator as well as establish the criteria for selection of farms for participation in the program.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA Chapter 10-B
PUBLIC HEARING): Thursday, January 11, 2001, 2:30 p.m., Fort Western Room, Augusta Civic Center
DEADLINE FOR COMMENTS: 5:00 p.m., Wednesday, January 24, 2001
AGENCY CONTACT PERSON: Howard Jones, Director, Division of Market and Production Development, Department of Agriculture, Food and Rural Resources, 28 State House Station, AMHI Annex, Augusta, ME 04333-0028
TELEPHONE: 287-3871
FAX: 287-5576


AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections & Commissions
RULE TITLE OR SUBJECT: Request for comments on the Maine Administrative Procedure Act.
PROPOSED RULE NUMBER: 2000-P287
CONCISE SUMMARY: In accordance with 5 MRSA 8056-A, on February 1 of each year the Secretary of State is required to send a report to the Governor and the Joint Standing Committeee on State and Local Government on recommended changes to the Administrative Procedure Act. The Secretary of State is therefore soliciting comments to include in this report.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8056-A
DEADLINE FOR COMMENTS: January 22, 2001
AGENCY CONTACT PERSON: Deborah Cabana, Director of Elections and Commissions
AGENCY NAME: Department of Secretary of State
ADDRESS: 101 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4186


ADOPTIONS

AGENCY: 19-499 - Department of Economic and Community Development, Office of Business Development
CHAPTER NUMBER AND TITLE: Ch. 302, Micro-enterprise Initiative Fund
ADOPTED RULE NUMBER: 2000-517
CONCISE SUMMARY: The Maine Micro-enterprise Initiative is a program designed to provide grants for community-based non-profit organizations to provide technical and training assistance to micro-enterprises. The purpose of the rule is to define the criteria and proposal process for applications to the fund.
EFFECTIVE DATE: 2000-517
AGENCY CONTACT PERSON: Peggy Schaffer
AGENCY NAME: Department of Economic and Community Development
ADDRESS: 59 State House Station, Augusta, ME 04333
TELEPHONE: 287-8480


AGENCY: 17-387 - Maine Pilotage Commission
CHAPTER NUMBER AND TITLE: Ch. 1, General Rules and Regulations
ADOPTED RULE NUMBER: 2000-521
CONCISE SUMMARY: These rules are established to govern the testing, training, licensing, relicensing, conduct and discipline of marine pilots engaged in ship handling within the coastal and navigable waters of Maine as designated in 38 MRSA 86-A.
EFFECTIVE DATE: December 16, 2000
AGENCY CONTACT PERSON: Brian C. Nutter, Administrator
AGENCY NAME: Maine Pilotage Commission
ADDRESS: 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: 207-287-2841


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: 2000-522
CONCISE SUMMARY: These rules establish requirements for licensing and for receipt of registration plates for vehicle dealers, persons in the business of conducting vehicle auctions and holders of loaner and transporter plates. These rules set forth required facilities, equipment, records and hours and describe required application procedures, and the rules give requirements for annexes and for secondary locations.
EFFECTIVE DATE: December 16, 2000
AGENCY CONTACT PERSON: Susan Harris
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 101 Hospital Street, Augusta, Maine 04333
TELEPHONE: 624-9243


AGENCY: 12-180 - Maine Labor Relations Board
CHAPTER NUMBER AND TITLE: Repeal the following chapters as of January 1, 2001:
Ch. 1, Unit Determination Rules
Ch. 2, Decertification Petition Rules
Ch. 3, Election Rules
Ch. 4, Prohibited Practice Complaint Rules
Ch. 5, Mediation Rule
Ch. 6, Fact-Finding Rules
Ch. 7, General Provisions.
Replace with the following:
Ch. 10, General Rules
Ch. 11, Bargaining Unit Composition and Representation Matters
Ch. 12, Prohibited Practice Complaints and Intrepretive Rulings
Ch. 13, Resolution of Contract Negotiations Disputes
ADOPTED RULE NUMBERS: 2000-523 through 2000-527
CONCISE SUMMARY The four chapters of rules adopted replace all of the rules of the Maine Labor Relations Board, the agency that assists public sector employers and employees in resolving contract negotiations disputes and enforces the public sector collective bargaining laws. The substance of the adopted rules is generally the same as the prior rules but the format has been modified considerably to make them easier to use. The adopted rules address: creating bargaining units, conducting elections to certify or decertify a bargaining agent, adjudicating complaints of actions that are prohibited by the laws governing collective bargaining, and providing assistance in the negotiations of collective bargaining agreements with mediators, fact finders, or arbitrators. The adopted rules also include revisions to reflect statutory changes regarding unit merger elections, and revisions to simplify procedures for filing petitions and complaints, to reduce the amount of paperwork required, and to improve the administration of the collective bargaining laws.
EFFECTIVE DATE: January 1, 2001
AGENCY CONTACT PERSON: Lisa Copenhaver, Counsel
AGENCY NAME: Maine Labor Relations Board
ADDRESS: 90 State House Station,
Augusta, ME 04333
TELEPHONE: (207) 287-2015


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