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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 27, 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. 130, Section 1, Maine Rx Program
PROPOSED RULE NUMBER: 2000-P258
CONCISE SUMMARY: This notice extends the public comment period of the Maine Rx program due to delays in the implementation of the program. The new comment deadline is January 29, 2001.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 254-B
PUBLIC HEARING: A public hearing was held on December 6, 2000. This notice extends the previously published comment deadline of December 18, 2000 to January 29, 2001.
DEADLINE FOR COMMENTS: January 29, 2001
AGENCY CONTACT PERSON: Marianne Ringel, Comprehensive Health Planner
AGENCY NAME: Policy Development Unit, Bureau of Medical Services
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333
TELEPHONE: 207-624-5518
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Ch. (?), Boat Launch Definitions
PROPOSED RULE NUMBER: 2000-P276
CONCISE SUMMARY: The Commission is considering revising its definitions of "hand-carry launch" and "trailered ramp" such that dollies may be used at hand-carry launches to move a boat to or from the water.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 685-C(5)
PUBLIC HEARING: 1:00 p.m., January 18, 2001, Best Western Black Bear Inn and Conference Center, 4 Godfrey Drive, Orono, Maine.
DEADLINE FOR COMMENTS: Written comments may be submitted until Monday, January 29, 2001. Rebuttal comments may be submitted until Monday, February 5, 2001.
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Maine Land Use Regulation Commission
ADDRESS: 22 State House Station, Augusta, Maine 04333
TELEPHONE: 207-287-4932


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #02-01
PROPOSED RULE NUMBER: 2000-P289
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: 10:00 a.m., Tuesday, January 9, 2001, Augusta Civic Center, Civic Center Drive, Washington/York Room, Augusta, Maine 04333
DEADLINE FOR COMMENTS: January 9, 2001
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - SSI COLA Increase - 2001
PROPOSED RULE NUMBER: 2000-P290
CONCISE SUMMARY: As of 1/1/01, this rule, which shows a 3.5% COLA increase in SSI benefits, changes the following monthly income amounts used in Medicaid: (1) The monthly income limit for Home Based Waivers, Katy Beckett coverage and the categorical income limit for nursing care is changed from $1,536 to $1,590. (2) The income limit for the State Supplement for an individual living at home changes for $522 to $540 and for a couple, the change is from $784 to $811. Also, as of 1/1/01, this rule increases the amount of protected assets for the community spouse of a nursing home applicant. The new amount is $87,000. The maximum monthly income allocation to the community spouse from the nursing home applicant increases to $2,175. The Q1 2 payment for 2001 will be $34.08 for 1 person, $74.16 for 2.
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 26, 2001
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 (Deaf/Hard of Hearing)


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 330, Minimum Standards for Mental Illness Benefits - Revised
PROPOSED RULE NUMBER: 2000-P291
CONCISE SUMMARY: This rule is to clarify the requirements of 24 MRSA 2325-A, 24-A MRSA 2843, and 24-A MRSA 4234-A, by establishing standards to assure equitable health care for the treatment of mental illness or nervous conditions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24 MRSA 2325-A, 24-A MRSA 2843, 24-A MRSA 4234-A, and 24-A MRSA 212.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 29, 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: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 226, Rules Relating to Cross-Connections of Public Water Systems
PROPOSED RULE NUMBER: 2000-P292
CONCISE SUMMARY The changes to the Rules Relating to Cross-Connection are designed to regulate, control, and prevent the contamination of drinking water by the backflow of water or other liquids, mixtures or substances into the distribution pipes of a water supply system from any source other then its intend source.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 2612(5)
PUBLIC HEARING: January 25, 2001 at Bureau of Health, 151 Capitol St., Augusta, ME between 1:00 p.m. to 3:00 p.m.
DEADLINE FOR COMMENTS: February 9, 2001
AGENCY CONTACT PERSON: Nancy Beardsley, Program Director
AGENCY NAME: Drinking Water Program
ADDRESS: 10 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-5674
TTY: 207-287-2070


AGENCY: 01-303 - Department of Agriculture, Food & Rural Resources, Pull Events Commission
RULE TITLE OR SUBJECT: Ch. 15, Rules for Superintendents and Assistant Superintendents of Pulling Events
PROPOSED RULE NUMBER: 2000-P293
CONCISE SUMMARY: This Proposed Rule details the qualifications necessary for certification, and outlines the responsibilities of a Superintendent and Assistant Superintendent of Pulling Events.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 75 sub-paragraphs 3 and 6
PUBLIC HEARING: Thursday, 25 January 2001 at 10:00 a.m. Department of Agriculture, Deering Building, Augusta, Maine 04333
DEADLINE FOR COMMENTS: Monday, 4 February 2001
AGENCY CONTACT PERSON: Chip Ridky, DVM, State Veterinarian
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS:. 28 State House Station, Deering Building, Augusta, Maine 04333
TELEPHONE: 207-287-7613


AGENCY: 16-226 - Department of Public Safety, Bureau of Liquor Enforcement

RULE TITLE OR SUBJECT: Ch. 1 and 2, Rules Applicable to Liquor Licensees
PROPOSED RULE NUMBER: 2000-P294
CONCISE SUMMARY: The proposal amends Ch. 2 by deleting 2.8 in its entirety as restrictions of alcohol service to members and guests are provided by law in Title 28-A 1072. The proposal amends Ch. 2 by deleting 2.10 and renumbers the rule 1.1A in order to relocate the rule into proper sequence in the Bureau's rules (no text change).

RULE TITLE OR SUBJECT: Ch. 4, Rules Applicable to Liquor Licensees
PROPOSED RULE NUMBER: 2000-P295
CONCISE SUMMARY: The proposal clarifies the language that allows a Wholesaler, Manufacturer or Certificate of Approval holder to provide liquor dispensing or storage equipment to a licensee.

RULE TITLE OR SUBJECT: Ch. 13 and 14, Rules Applicable to Liquor Licensees
PROPOSED RULE NUMBER: 2000-P296
CONCISE SUMMARY: The proposal clarifies language under 13.10 that applies when an agent surrenders his license. New language is being added under 13.10A to regulate an agent moving his store location. The proposal, under 14.10, clarifies existing language in Title 28-A 601-1-C-8 relating to agency store liquor pricing to the public

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 28-A 82
PUBLIC HEARING: January 26, 2001,10:00 a.m., Augusta Civic Center
DEADLINE FOR COMMENTS: February 5, 2001
AGENCY CONTACT PERSON: Lynn M. Cayford
AGENCY NAME: Bureau of Liquor Enforcement
ADDRESS: 397 Water Street, Gardiner, ME 04345
TELEPHONE: (207) 624-8973


AGENCY: 90-351 - Workers' Compensation Board

RULE TITLE OR SUBJECT: Ch. 2, Section 213 Compensation for Partial Incapacity; Section 2(4), Extension of 260-week Limitation
PROPOSED RULE NUMBER: 2000-P297
CONCISE SUMMARY: The rule provides a 52-week extension for partial incapacity benefits pursuant to 39-A MRSA 213(4).
STATUTORY AUTHORITY: 39-A MRSA 152(2) & 213(4)
PUBLIC HEARING Wednesday, January 31, 2001, 9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine

RULE TITLE OR SUBJECT: Ch. 6, Rehabilitation
PROPOSED RULE NUMBER: 2000-P298
CONCISE SUMMARY: This rule establishes a procedure for resolving disputes regarding entitlement to vocational rehabilitation services.
STATUTORY AUTHORITY: 39-A MRSA 152(2)& 217
PUBLIC HEARING: Thursday, February 1, 2001, 9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR COMMENTS: Monday, February 12, 2001, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: 207-287-7094


AGENCY: 05-071 - Department of Education, State Board of Education
RULE TITLE OR SUBJECT: Ch. 115, Certification of Educational Personnel: Ch. 115, Part 1, Section 8.5 entitled "Targeted Need Certificate"
PROPOSED RULE NUMBER: 2000-P299
CONCISE SUMMARY: Pursuant to statutory changes, the proposed rule reflects that applicants requiring a baccalaureate degree, who are not eligible for another teaching certificate, be granted a targeted needs certificate for a maximum of three years while they meet the requirements for a teaching certificate. The targeted needs certificate would replace the current waivers given to teachers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 13011(9)
PUBLIC HEARING: January 16, 2001, 4:00 p.m. to 5:00 p.m., Conference Room, Maine Principals Association, 50 Industrial Drive, Augusta, ME
DEADLINE FOR COMMENTS: Ten (10) days after the close of the public hearing.
AGENCY CONTACT PERSON: Nancy T. Ibarguen
AGENCY NAME: Department of Education
ADDRESS: Certification and Placement,23 State House Station, Augusta, ME 04333-0023
PHONE NUMBER: 207-287-5944
TDD: 207-287-2550


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 611, Maine College Savings Program
PROPOSED RULE NUMBER: 2000-P300
CONCISE SUMMARY: The proposed rule amendments respond to comments made by the Internal Revenue Service (the "Service") in processing the Authority's request for a private letter ruling to determine that the Maine College Savings Program is a qualified State Tuition Plan pursuant to Section 529 of the Internal Revenue Code. These include a specific statement that the Authority will not accept contributions when the aggregate amount in an account equals the maximum contribution limitation. In addition to the changes made in response to the Service, the Authority is also proposing to amend the rule to allow a maximum contribution to an account equal to the cost of five (5) years of undergraduate education at the average highest cost of New England private colleges and two (2) years of graduate enrollment at private universities.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 961, P.L. 1999, Ch. 496, 20-A MRSA Chapter 426
PUBLIC HEARING: 11:00 a.m., January 18, 2001, Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before January 18, 2001, but will be accepted on or before January 29, 2001. 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, 5 Community Drive, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


ADOPTIONS

AGENCY: 01-026 - Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Amendment to Ch. 60, Designation of Critical Pesticide Control Areas
ADOPTED RULE NUMBER: 2000-533
CONCISE SUMMARY: In June, the Board amended Ch. 60 to create the Hope Critical Pesticide Control Area. This action was taken to protect the health of the Bruce and Deborah Brown family of 159 Crabtree Road in Hope, Maine. In late August, the Brown family sold their home and moved away from the area. Since the basis for the amended rule no longer existed, the Board subsequently completed rule-making to formally repeal this designated zone from the Code of Maine Regulations.
EFFECTIVE DATE: December 24, 2000
AGENCY CONTACT PERSON: Robert 1. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: 207-287-2731


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #01-01
ADOPTED RULE NUMBER: 2000-534
CONCISE SUMMARY: Minimum January, 2001 producer Class I and Northeast Dairy Compact Over Order Price set at $16.94. Class III minimums set at $8.57. These changes were passed on in minimum prices.
EFFECTIVE DATE: January 1, 2001
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 25.93(F)(1)(b)(v), Exit Ratios for Limited Entry Zones - Zone B
ADOPTED RULE NUMBER: 2000-535
CONCISE SUMMARY: The Department of Marine Resources adopts these regulations under Ch. 25.93(F)(1)(b)(v) after considering a survey of zone members and a recommendation of the zone council as contemplated by 12 MRSA 6448. These proposed changes establish an exit ratio of 1:3 for Zone B. New licenses will determined by the Department annually and are based on a waiting list of eligible participants for Zone B.

CHAPTER NUMBER AND TITLE: Ch. 25.93(F)(3), Exit Ratios for Limited Entry Zones - Exemption Application Deadline
ADOPTED RULE NUMBER: 2000-536
CONCISE SUMMARY: The Department of Marine Resources has adopted regulations under Ch. 25.93(F)(3) to establish the date by which applicants must file their application in order to be "grandfathered" under the exemption to the limited entry zones for which this exemption applies. Anyone who became eligible for a Class I, II or III lobster license prior to January 1, 2000 and has declared Zone D, E or G on forms provided by the Department must apply for their 2000 license before December 31, 2000 in order to be granted this exemption to limited entry restrictions.

CHAPTER NUMBER AND TITLE: Ch. 45.05(l), 2000 - 2001 Shrimp Season
ADOPTED RULE NUMBER: 2000-537
CONCISE SUMMARY: These regulations adopt, through the regular rule-making process, changes that became effective with the adoption of the emergency rules establishing the 2000 - 2001 shrimp season effective December 1, 2000. The season shall take place from January 9, 2001 to March 17, 200l and from April 16, 2001 to April 30, 2001, all dates inclusive. The season for the harvest of shrimp by drag and by trap shall be the same.

CHAPTER NUMBER AND TITLE: Ch. 50, Spiny Dogfish and Coastal Sharks
ADOPTED RULE NUMBER: 2000-538
CONCISE SUMMARY: The Department of Marine Resources has adopted regulations on the harvest, landings and possession of spiny dogfish for compliance with the Atlantic State Marine Fisheries Commission Coastal Shark and Spiny Dogfish emergency action and the National Marine Fisheries Service Spiny Dogfish Fishery Management Plan. An exception is allowed for permitted research or biomedical use and a personal use allowance of one spiny dogfish per day.

EFFECTIVE DATE: December 24, 2000
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: 16-222 - Bureau of State Police
CHAPTER NUMBER AND TITLE: Ch. 4, Motor Carrier Safety Rules
ADOPTED RULE NUMBER: 2000-539
CONCISE SUMMARY: Severe weather over the past several days has resulted in a large number of homes and businesses across the state being without electricity. Adding to the problem is the fact that the temperature has dropped to a more normal subfreezing range and the weather forecast is for more snow and possibly sleet and freezing rain. These upcoming weather conditions can only exacerbate the situation. Electrical utility companies from other states have been called in to assist Maine companies in returning power to the affected homes and businesses. This huge extra effort is still falling short in its ability to restore power and the potential for loss of property and even loss of life now exists. As a result of this, the Bureau of State Police is adopting an emergency rule which amends 49 CFR 395.3(a)(1) and 49 CFR 395.3(b)(1) as it applies to intrastate electrical utility motor carriers. The emergency rule amends the existing rule by increasing from 60 to 80 the number of hours in any seven consecutive days that a driver may be on duty and drive. It increases from 10 to 12 the number of hours a driver may drive following 8 consecutive hours off duty.
EFFECTIVE DATE: December 18, 2000
AGENCY CONTACT PERSON: John Fraser
AGENCY NAME. Maine State Police
ADDRESS: #20 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-8939


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. 1, Section 1, General Administrative Policies and Procedures.
ADOPTED RULE NUMBER: 2000-540
CONCISE SUMMARY: The final rule updates Ch. 1, Section 1, "General Administrative Policies and Procedures" to reflect changes in the program. The changes constitute a major revision and include: new information on third party liability and prior authorization requirements; consolidation of information previously included in separate chapters of the Maine Medical Assistance Manual; new guidelines on interpreters, telemedicine, electronic signatures, the physician (and other prescriber) directed drug initiative, record keeping, provider participation requirements; and guidelines for the Medicaid Advisory Committee. Outdated appendices are deleted and new appendices are added.
EFFECTIVE DATE: January 15, 2001
AGENCY CONTACT PERSON:, Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 11 SHS, 35 Anthony Avenue, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514 or at 800-423-4331 (Deaf/Hard of Hearing)


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