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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

December 26, 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: 16-230 - Department of Public Safety, Maine Drug Enforcement Agency
RULE TITLE OR SUBJECT: Ch. (New), Requirements For Written Prescriptions of Schedule II Drugs (major substantive)
PROPOSED RULE NUMBER: 2001-P310
CONCISE SUMMARY The rules set forth safety requirements and procedures for all prescriptions written by Maine physicians for Schedule II drugs. The requirements include the use of prescription forms that utilize paper that is resistant to tampering and forgery and this designed with printed features that discourage fraud. The rules also provide for the requirements as to the manner in which the prescription forms must be filled out, and the circumstances under which oral and faxed prescriptions are allowed to be transmitted to pharmacies.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 13786-A
PUBLIC HEARING: January 15, 2002, 10:00 a.m., Public Safety Headquarters, 18 Meadow Road, Augusta, Maine 04333
DEADLINE FOR COMMENTS: January 25, 2002
AGENCY CONTACT PERSON: Peter DeRice
AGENCY NAME: Maine Drug Enforcement Agency
ADDRESS: 565 Congress Street, Suite 300, Portland, Maine 04101
TELEPHONE: (207) 822-0383


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 25.94(2)(c), Lobster Management Zones, Zone C, and
Ch. 25.94(2)(d) Lobster Management Zones, Zone D
PROPOSED RULE NUMBER: 2001-P311
CONCISE SUMMARY: The Commissioner proposes the following revised western boundary line for Zone C, and revised eastern boundary line for Zone D, to more accurately reflect historic fishing ground use in western Penobscot Bay. The new line would begin at the Head of the Cape on Cape Rosier, Brooksville, then proceed due southwesterly to the point 43° 58.011' N Latitude, 68° 58.023' W Longitude (intersecting LORAN lines l2707.5 and 25833). The proposed boundary between Zone C and Zone D then separates and overlaps an area approximately 4 miles long and one mile wide. The boundaries would rejoin at the point 43° 55.285' N Latitude, 68° 55.000' W Longitude (intersecting LORAN lines 12710 and 25810) then follow a common boundary line to the point 43° 46.565' N Latitude, 68° 59.298' W Longitude (intersecting LORAN lines 12794 and 25780). The boundary then separates by an area approximately 7 miles wide that tapers over 23 miles to rejoin at a common point that then follows a single line 180° magnetic to the Exclusive Economic Zone.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6446
PUBLIC HEARING: Monday, January 14, 2002, 1:00 p.m., State Ferry Terminal Conference Room, Rockland
DEADLINE FOR COMMENTS: January 24, 2002
AGENCY CONTACT PERSON: Terry Stockwell
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9656
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, please contact Breena Whitcomb, at (207) 624-6567.


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #02-02
PROPOSED RULE NUMBER: 2001-P312
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 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 1:30 p.m., Friday, January 18, 2002, Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: January 18, 2002
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT: Ch. 3, Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 2001-P313
CONCISE SUMMARY: The proposed rule would amend the procedures for participating as a certified candidate under the Maine Clean Election Act by clarifying the procedures for qualifying for and using public funds. A copy of the proposed rule is available from the Commission's web site, www.maine.gov/ethics, or by calling (207) 287-4179.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIEPALITIES. Municipal voting officials (Registrars) certify the registration of voters who make qualifying contributions to participating candidates. The proposed amendment will not change the function of the Registrar and will have no fiscal impact.
STATUTORY AUTHORITY: 21-A MRSA 1126
PUBLIC HEARING: January 16, 2002, 10:00 a.m., Commission Office, 242 State St., Augusta, ME
DEADLINE FOR COMMENTS: 5:00 p.m., Monday, January 28, 2002 (Mail to Agency Contact Person)
AGENCY CONTACT PERSON: William C. Hain, III, Esq., Director
AGENCY NAME: Commission on Governmental Ethics and Election Practices
ADDRESS: 135 State House Station, Augusta, ME 04333-0135
TELEPHONE: (207) 287-6219


AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 9, Rules Governing Administrative Civil Money Penalties for Labor Law Violations
PROPOSED RULE NUMBER: 2001-P314
CONCISE SUMMARY: The purpose of this chapter is to provide procedural guidance regarding the assessment of administrative civil money penalties for labor law violations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1999 Public Law, Ch. 181
PUBLIC HEARING): None Scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 25, 2002
AGENCY CONTACT PERSON: Michael V, Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6400


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: State Plan Amendment for Hospitals
PROPOSED RULE NUMBER: 2001-P315
CONCISE SUMMARY: Reimbursement for psychiatric hospital inpatient services is being changed to a negotiated rate based on usual and customary charges from a TEFRA based reimbursement system. This change is being made to bring payments more in line with charges. No substantive change in annual aggregate expenditure is expected. No changes are being made to reimbursement for acute care hospitals.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 142, 3173
PUBLIC HEARING: None at this time. Public hearings will be held during subsequent rulemaking proceedings. Any interested party may obtain a copy of the Medicaid State Plan Amendment being submitted to the Centers for Medicare and Medicaid Services (CMS formerly HCFA) and/or public comments submitted. Copies of the state plan amendments may be reviewed at regional Department of Human Services Offices or county office.
DEADLINE FOR COMMENTS: January 31, 2001
AGENCY CONTACT PERSON: Greg Nadeau, Comprehensive Health Planner
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-5515
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: State Plan Amendment for Nursing Facilities
PROPOSED RULE NUMBER: 2001-P316
CONCISE SUMMARY: The Nursing Facility Principles of Reimbursement have changed in the manner in which the inflation is determined and applied on an annual basis. Audit settlement language has also been added that relates to that inflation adjustment. No substantive change in annual aggregate expenditure is expected.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 142, 3173, 1708, and PL 2001, Ch. 358, Pt EE1 & EE2.
PUBLIC HEARING: None at this time. Public hearings will be held during subsequent rulemaking proceedings. Any interested party may obtain a copy of the Medicaid State Plan Amendment being submitted to the Centers for Medicare and Medicaid Services (CMS formerly HCFA) and/or public comments submitted. Copies of the state plan amendments may be reviewed at regional Department of Human Services Offices or county office.
DEADLINE FOR COMMENTS: January 31, 2001
AGENCY CONTACT PERSON: Debra Couture, Senior Financial Analyst
AGENCY NAME: Division of Finance and Reimbursement
ADDRESS: VA Togus, Bldg. 205, 3rd Floor, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-8540
FAX: (207) 287-2675
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 127, New Motor Vehicle Emission Standards
ADOPTED RULE NUMBER: 2001-534
CONCISE SUMMARY: The Department of Environmental Protection amended Ch. 127 to reflect changes to the California LEV II program to include heavy-duty diesel new engine standards for vehicles having a gross manufacturer's weight over 14,000 pounds. This amended rule adds standards for new diesel engines referred to as Not-To-Exceed (NTE) and Euro II1 European Stationary Cycle (ESC) emission test procedures for on-road heavy-duty diesel engines. In addition, the Department adopted the latest California heavy-duty gasoline engine standards that align certain California standards with the more recent Tier 2 federal standards. Some of these include setting a NOx fleet average requirement rather than a Non-methane Organic Gas (NMOG) fleet average.
EFFECTIVE DATE: December 22, 2001
AGENCY CONTACT PERSON: Lynne Cayting
AGENCY NAME: Department of Environmental Protection, Bureau of Air Quality Control
ADDRESS: 17 State House Station, Augusta, ME 04333
PHONE: (207) 287-2437


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE:
Ch. 24.21(I), Special Salmonid Fish Health Inspection Regulations Relating to ISAV, and
Ch. 24.21(J), Restrictions on Vessel & Equipment Movement
ADOPTED RULE NUMBER: 2001-535
CONCISE SUMMARY: The Commissioner adopts these regulations regarding surveillance requirements for ISAV and the movement of vessels and equipment used in finfish aquaculture activities as necessary measures to prevent the spread of this disease to salmonids. The regulations define the affected area, require mandatory ISAV surveillance, specify the testing procedures to confirm ISAV, stipulate chain of custody, sampling requirements, responsible inspectors, restrict finfish aquaculture vessel and equipment movement, and stipulate remedial action upon detection of ISAV.
EFFECTIVE DATE: December23, 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: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Repeal and replace
CHAPTER NUMBER AND TITLE: Ch. 7, Regulations for Wildlife in Captivity
ADOPTED RULE NUMBER: 2001-536
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules applicable to the use and possession of wild animals in captivity. A copy of the rule may be obtained from the Agency Contact Person listed below.
EFFECTIVE DATE: December 23, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME
04330-0041
TELEPHONE: (207) 287-5201


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