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December 24, 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: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT:
Ch. 28 (New), "Notification Provisions for Outdoor Pesticide Applications".
Amendments to Ch. 22, "Standards for Outdoor Applications by Powered Equipment in Order to Minimize Off-Target Deposition";
Ch. 51, "Notice of Aerial Pesticide Applications"; and
Ch. 10, "Definitions and Terms."
PROPOSED RULE NUMBER: 97-P229
CONCISE SUMMARY: The Board is re-opening the comment period on the above rules as proposed in November, 1997 to allow for a public hearing. Chapter 28 consolidates the requirements for requesting notification about pesticide applications, for posting property on which certain commercial pesticide applications have occurred and also establishes the Maine Pesticide Notification Registry structure and fees. Because of this consolidation a number of other changes were needed. The posting and public notification provisions of Chapter 22 are being deleted and moved to Chapter 28. Two new definitions are being added to Chapter 10 and housekeeping changes are being made to Chapter 51 to correct a minor oversight which may have exempted notification being given to tenants of residential rental properties.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 M.R.S.A., 8051 et seq.; 7 M.R.S.A. 601-625; and 22 M.R.S.A., 1471 A-X.
PUBLIC HEARING: Friday, January 16,1998 at 9:30 a.m. at the Arnold/Howard Rooms, Augusta Civic Center, Community Drive, Augusta, Maine. In the event of inclement weather, a snow date of Wednesday, January 21, 1998 has been set aside at a location to be announced. Please contact the Board of Pesticides Control for cancellation and snow date information.
DEADLINE FOR COMMENTS: 5:00 p.m., February 3, 1998
AGENCY CONTACT PERSON: Tammy L. Gould
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: 207-287-2731
EMAIL: aftgoul@maine.gov
FAX: 207-287-7548
URL: http://www.maine.gov/agriculture/pesticides/rules.htm

AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 10, Attorney's Fees
PROPOSED RULE NUMBER: 97-P269
CONCISE SUMMARY: This rule provides guidelines for the payment of attorney's fees by an employee to his or her own counsel.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2) & 325(3)
PUBLIC HEARING: Tuesday, January 13, 1998, 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 23, 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: 207-287-7094

AGENCY: 02-296 - Department of Professional & Financial Regulation, Office of Licensing and Registration, Board of Examiners on Speech-Language Pathology and Audiology
RULE TITLE OR SUBJECT: Ch. 2, Speech-Language Pathology and Audiology
PROPOSED RULE NUMBER: 97-P270
CONCISE SUMMARY: This rule would clarify and simplify the requirements for continuing professional education by bringing them into conformity with national standards. It would also clarify the language pertaining to the license renewal procedure.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA Chapter 77, 6013 (2)
PUBLIC HEARING: Monday, January 12, 1998 at 1 p.m., Department of Professional & Financial Regulation 122 Northern Ave., Gardiner, ME 04345
DEADLINE FOR WRITTEN COMMENTS: January 22, 1998
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau
ADDRESS: Office of Licensing & Registration, SHS #35, Augusta, ME 04333
PHONE NUMBER: (207) 624 - 8420

AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 602, Amendment 1: Maine Guaranteed Student Loan Program
PROPOSED RULE NUMBER: 97-P271
CONCISE SUMMARY: The proposed amendment broadens the Authority's ability to guarantee consolidation Loans to include both Federal Family Education Loan Program loans and Federal Direct Student Loans, implementing an option recently enacted by the Federal Government in emergency legislation.
THIS AMENDMENT WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14), 10 M.R.S.A. 1014
PUBLIC HEARING: January 15, 1998, 1:00 p.m. at St. Paul's Center (Oblate House), 136 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before January 15, 1998, but will be accepted on or before January 26, 1998. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)

AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting & Trapping - Bear
PROPOSED RULE NUMBER: 97-P271
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a generic bear hunting season which will be effective each year unless amended otherwise rather than annually adopting season dates. These rules will result in annual bear seasons which are similar to 1997 season dates. To this end, the proposed rule is as follows: 1) There shall be an open season on hunting bear annually from the first Monday preceding September 1st to the last day of the open firearm season on deer (Aug. 31 - Nov. 28, 1998); 2) There shall be an open season during which bait may be used to hunt bear annually from the first Monday preceding September 1st running for 4 weeks (Aug. 31 - Sept. 26, 1998); 3) There shall be an open season on trapping bear from September 1 - October 31; 4) There shall be an open season on using a dog or dogs in conjunction with bear hunting starting on the 3rd Monday of the open bear hunting season and running until the day before the first day of the open firearms season on deer (Sept. 14 - Oct. 30, 1998). (For the purposes of this rule, hunting bear with the use of bait includes hunting from an observation stand, blind or other location which overlooks any bait of food; except standing crops and foods that have been left as a result of normal agricultural operations or natural occurrence).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA, Section 7035 and 7451(1).
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: January 23,1998
AGENCY CONTACT PERSON: Ken Elowe, Inland Fisheries and Wildlife, 284 State Street 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5252.

AGENCY: 94-178 - Adaptive Equipment Loan Program Fund Board (c/o Finance Authority of Maine)
RULE TITLE OR SUBJECT: Ch. 501, Adaptive Equipment Loan Program - Amendment 5
PROPOSED RULE NUMBER: 97-P272
CONCISE SUMMARY: This amendment makes changes to the rule unifying the maximum amount of loans for personal and business purposes, so that all loans are capped at $100,000 both per loan and cumulatively to or for the benefit of any one borrower.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 374
PUBLIC HEARING(S): None to be held (unless 5 interested persons request in writing during the comment period).
DEADLINE FOR COMMENTS: Written comments will be accepted on or before January 26,1998.
AGENCY CONTACT PERSON: Christopher H. Roney, Counsel to the Board, c/o Finance Authority of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)

AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 64, Private Fire Protection Services
PROPOSED RULE NUMBER: 97-P274
CONCISE SUMMARY: This rule provides a methodology for determining the allocation of costs between public and private fire protection as recommended by the Private Fire Protection Task Force, and establishes general provisions for private fire protection services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A M.R.S.A. 101, 103, 104, 111, 301, 502, 1301, 6104 and 6105
PUBLIC HEARING: January 15, 1998, 9: 00 a.m., in the Horace Libby Hearing Room, Public Utilities Commission, 242 State Street, Augusta, Maine, 04330. Please notify the PUC if special accommodations are needed in order to make this hearing accessible to you by calling 1-287-1396 or TTY 1-800-437-1220. Requests or reasonable accommodations must be received 48 hours before the scheduled event.
DEADLINE FOR COMMENTS: January 30,1998.
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #332, Maine Medicaid Eligibility Manual - Coverage Single/Disabled/Un-Underemployed Parents of Minor Children.
PROPOSED RULE NUMBER: 97-P275
CONCISE SUMMARY: This rule increases the income limit for Medicaid coverage for single/disabled/un-underemployed parents of children age 18 and younger and for individuals age 19 and 20. The monthly income limit is now 50% of the federal poverty level ($553) and will change to 100% of the federal poverty level ($1,111).
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 28, 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

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 45, Principles of Reimbursement, Hospital Services
PROPOSED RULE NUMBER: 97-P276
CONCISE SUMMARY: This rule clarifies the procedures for hospital reimbursement, recipient copays, and supplies allowed as covered services when provided integral to hospital procedures. This rule removes all reference to the Maine Health Care Finance Commission, whose authority was repealed by the Maine legislature in Public law 1995, Chapter 368.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: None is scheduled unless five (5) or more people request a hearing in writing to the agency contact person listed below, before the comment deadline.
DEADLINE FOR COMMENTS: The comment deadline has been extended to January 31, 1998.
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, State House Station #11, Augusta, Maine 04333
TELEPHONE: 207-624-5516
TTY: 207-287-3799

AGENCY: 02-029 - Department of Professional and Financial Regulation, Bureau of Banking, Securities Division
RULE TITLE OR SUBJECT: Ch. (New), Exemption for Offers and Sales to Accredited Investors
PROPOSED RULE NUMBER: 97-P279
CONCISE SUMMARY This rule will allow certain businesses to offer their securities by means of a general announcement in Maine without registering the securities with the Securities Division if, as a result of the offer, they sell the securities only to certain wealthy people. The rule specifies what information an issuer may put in its general announcement. An issuer may rely on this rule to sell its securities to "accredited investors" as defined by Federal Securities law. The rule requires the issuer to file a notice of the transaction along with a copy of any general announcement and to pay a filing fee within 15 days after the first sale in Maine. The rule will allow an issuer to offer and sell its securities without licensing its officers, directors, or employees as sales representatives.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 M.R.S.A. 10302(2)(E), 10502(3), and 10703.
PUBLIC HEARING: 10:00 a.m. on January 15, 1998, Androscoggin Room, Department of Professional and Financial Regulation, 124 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: January 31, 1998
AGENCY CONTACT PERSON: Bonnie E. Russell
AGENCY NAME: Maine Securities Division
ADDRESS: 121 State House Station Augusta, Maine 04333-0121
TELEPHONE: (207)624-8551

AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #98-02
PROPOSED RULE NUMBER: 97-P280
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order # 1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., Tuesday, January 13, 1998, Washington/York Room, Augusta Civic Center, Augusta, Maine 04333
DEADLINE FOR COMMENTS: January 13, 1998
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741

AGENCY: 29-250 - Department of Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 11, Rules Governing Motorcycle Rider Education
PROPOSED RULE NUMBER: 97-P281
CONCISE SUMMARY These rules outline the standards and requirements for the licensing of motorcycle rider education instructors, describe application procedures, establish instructor certification courses, define the motorcycle rider education program and list site requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA 153
PUBLIC HEARING: January 12,1998, Bureau of Motor Vehicles, 101 Hospital Street, Augusta, Maine, Room 2, 9:00 a.m. to 11:00 a.m.
DEADLINE FOR COMMENTS: January 22,1998
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr.
AGENCY NAME: Department of the Secretary of State, Bureau of Motor Vehicles
ADDRESS: 29 State House Station Augusta, Maine 04333
TELEPHONE: 287-4687

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. III, Sec. 2, Adult Family Care Services
PROPOSED RULE NUMBER: 97-P282
CONCISE SUMMARY: Chapter III proposes to increase reimbursement for Adult Family Care Services Levels 1, 2, & 3 by $2/day.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: None scheduled unless requested by five or more individuals.
DEADLINE FOR COMMENTS: Written comments will be accepted through January 23, 1998.
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 624-5519
TTY# (207)287-3799

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 424, Lead Management Regulations
PROPOSED RULE NUMBER: 97-P283
CONCISE SUMMARY: Chapter 424 contains procedures and requirements for the certification of persons engaged in lead-based paint activities, work practice standards for performing such activities, and accreditation of training providers and training programs. It requires that, except as specifically exempted, all lead inspections, risk assessments, lead abatement designs, and lead abatement activities be performed only by individuals and firms licensed pursuant to this chapter. This chapter also sets standards and procedures for establishing the lead-safe status of residential dwellings and child-occupied facilities.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 MRSA 1295
PUBLIC HEARING: January 14, 1998, 1:00 p.m., Alfred's Comfort Inn, Augusta, Maine
DEADLINE FOR COMMENTS: January 26,1998
AGENCY CONTACT PERSON: Carole Cifrino
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station Augusta, Maine 04333
TELEPHONE: 207-287-7720

AGENCY: 17-229 - Maine Department of Transportation
RULE TITLE OR SUBJECT: Ch. (New), Regulation for the Installation of Gas, Food, Lodging and Camping Logo Signs on the Rural part of the Interstate Highway System.
PROPOSED RULE NUMBER: 97-P284
CONCISE SUMMARY: The purpose of these regulations is to regulate the installation of gas, food, lodging and camping logo signs on the rural part of the interstate highway system. These regulations establish the size, shape, manner and location of logo signs and describe the procedure for applying to the Department for permission to erect a logo sign and the criteria used by the Department to select among applicants.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 M.R.S.A. 1912-B
PUBLIC HEARING: January 15, 1998 at 7:00 p.m. in the Council Chambers, Third Floor, Bangor City Hall, 73 Harlow Street, Bangor, Maine
DEADLINE FOR COMMENTS: January 30,1998
AGENCY CONTACT PERSON: Bruce Ibarguen
AGENCY NAME: Department of Transportation, Traffic Division
ADDRESS: 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: (207) 287-3775


ADOPTIONS

AGENCY: 94-178 - Adaptive Equipment Loan Program (c/o Finance Authority of Maine)
CHAPTER NUMBER AND TITLE: Ch. 501, Adaptive Equipment Loan Program, Amendment 4
ADOPTED RULE NUMBER: 97-418
CONCISE SUMMARY: This amendment makes changes to the rule governing the operation of the Adaptive Equipment Loan Program Fund Board, including revisions required to conform to recent changes to the statutes governing the Program. The major changes made by the amendment include: (1) elimination of references to the Board Expense Fund, which no longer provides funds to the Board or Fund; (2) clarification the differences between loans for personal and business purposes; (3) elimination of the requirement that 75% of all dollars loaned by the Fund be for personal purposes; (4) elimination of the requirement for a 100% cash match by for-profit applicants for loans for business purposes; (5) granting the Board express authority to create subcommittees for certain limited purposes; and (6) increasing the maximum amounts of loans for business purposes to $100,000 from $50,000.
EFFECTIVE DATE: December 17, 1997
AGENCY CONTACT PERSON: Christopher H. Roney, Counsel to the AELP Board, c/o Finance Authority of Maine, P.O. Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)

AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. #3, Schedule of Minimum Prices
ADOPTED RULE NUMBER: 97-419
CONCISE SUMMARY: Minimum January, 1998 producer Class I set at $16.45 and a Northeast Interstate Dairy Compact over order price of $0.74. January, 1998 Class II goes to $13.26 and Class III minimums set at $13.02. A $.25 premium is included in the Class I minimums. These changes were passed on in minimum prices.
EFFECTIVE DATE: January 1, 1998
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 65, Mental Health Services
ADOPTED RULE NUMBER: 97-421
CONCISE SUMMARY: This emergency rule will allow children to access needed services through Home Health Agencies.
EFFECTIVE DATE: December 20, 1997
AGENCY CONTACT PERSON: Greg Nadeau, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333
TELEPHONE: (207) 624-5521
TTY (207) 287-3799

AGENCY: 94-409 - Maine Indian Tribal-State Commission
CHAPTER NUMBER AND TITLE: Ch. 201, Fishing on Waters under Jurisdiction of Maine Indian Tribal-State Commission
ADOPTED RULE NUMBER: 97-422
CONCISE SUMMARY: Under the Maine Indian Claims Settlement of 1980, the Maine Indian Tribal-State Commission (MITSC) has exclusive authority to promulgate fishing rules on any pond with 50% or more of shoreline within Indian (Passamaquoddy or Penobscot) Territory and any section of a river, brook, or pond both sides of which are in within Indian Territory or one side of which is within Indian Territory for a continuous length of 1/2 mile or more. This rule regulates fishing on MITSC waters throughout Indian Territory.
EFFECTIVE DATE: December 20, 1997
AGENCY CONTACT PERSON: Diana Scully, Executive Director
AGENCY NAME: Maine Indian Tribal-State Commission
ADDRESS: P.O. Box 87, Hallowell, ME 04347
TELEPHONE: 207/622-4815


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