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December 29, 1999
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: 12-170 - Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 2, Rules Governing the Chemical Substance Identification Law
PROPOSED RULE NUMBER: 99-P283
CONCISE SUMMARY: The purpose of this change is to repeal rules governing toxic and hazardous substances as promulgated by the Director effective September 10, 1984.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA, Chapter 22, Sec. 1715
PUBLIC HEARING: None scheduled, one may be requested by contacting Alan C. Hinsey, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333
DEADLINE FOR COMMENTS: January 31, 2000
AGENCY CONTACT PERSON: Alan C. Hinsey, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6400


AGENCY: 16-222 - Department of Public Safety, Bureau of State Police
RULE TITLE OR SUBJECT: Ch. 3, Rules and Regulations Relating to Beano or Bingo
PROPOSED RULE NUMBER: 99-P284
CONCISE SUMMARY: This rule requires a Commercial Hall Permittee to Conspicuously post the Commercial Hall Permit at the Commercial Hall in the room or area where Beano is being conducted.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 17, Chapter 13-A, Section 317
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 15, 2000
AGENCY CONTACT PERSON: Sgt. Barry Hathaway
AGENCY NAME: Maine State Police Gaming & Weapons Section
ADDRESS: 164 State House Station, Augusta ME 04333-0164
TELEPHONE: (207) 624-8784


ADOPTIONS

AGENCY: 02-331 - Department of Professional & Financial Regulation, Office of Licensing & Registration, Maine State Board of Funeral Service
CHAPTER NUMBER AND TITLE:
Ch. 10, Fees
Ch. 12, Continuing Education Requirement
ADOPTED RULE NUMBER: 99-515 and 99-516
CONCISE SUMMARY:
Rule Chapter 10, "Fees" is being amended to revise the.renewal period from "biennial" to "annual", and the license fees are being revised to correspond with the statutory cap, which contemplates annual renewal. The actual renewal date is also being deferred, in order to permit the Fiscal Year 2001 renewal to reflect the anticipated "fee cap increase" which is to be accomplished legislatively, in order to be implemented at the time of the annual renewal for that year.
Rule Chapter 12, "Continuing Education Requirement" is being amended to "annualize" the continuing education requirement to correspond with the new renewal schedule.
EFFECTIVE DATE: December 21, 1999
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Administrator
ADDRESS: Office of Licensing & Registration, SHS, #35, Augusta, ME 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 99-517
CONCISE SUMMARY: This rule clarifies that categorical eligibility for Food Stamps includes those families who are authorized to receive any benefits provided by funds from Temporary Assistance for Needy Families (TANF). Families who are authorized to receive TANF benefits such as Alternative Aid, Emergency Assistance, Transitional Child Care and Transitional Transportation will not have to meet certain guidelines for Food Stamps involving asset limits and gross and net income limits.
EFFECTIVE DATE: December 25, 1999
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 902, Low-Cost Drug Card Program for the Elderly and Disabled
ADOPTED RULE NUMBER: 99-518
CONCISE SUMMARY: Rule 902 outlines the application process for the Low-Cost Drug Card Program for the Elderly and Disabled, and describes the procedures used by the State Tax Assessor in determining an applicant's eligibility for the program if a substantial change in circumstances results in a reduction in the applicant's household income.
EFFECTIVE DATE: December 25, 1999
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-1076


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE:
Ch. 25.04 & 25.90, Lobster and Crab - technical changes
Ch. 25.07, Lobster Fishing Licenses - Repeal
Ch. 25.94(3), Initial Boundary Zone Lines - Repeal
Ch. 25.96(B), Apprentice Program
ADOPTED RULE NUMBER: 99-519
CONCISE SUMMARY: The Department of Marine Resources has adopted technical changes to Chapter 25. These changes include removing the term "coastal waters" in order to clarify that regulations pertaining to lobster fishing under a Maine lobster and crab fishing license are applied to all waters in which these activities occur unless otherwise directed by statute. Changes also include deleting Chapter 25.07, Lobster Fishing Licenses, that is no longer necessary as the authorizing statute 12 M.R.S.A. 6421(5-E) was repealed in 1997, and the Chapter 25.94(3) language on establishing the initial boundary zone lines that is no longer necessary. Finally, changes to Chapter 25.96(B) have been adopted to remove confusion regarding the minimum time that must elapse to complete the lobster apprentice program and allow students to document time toward the apprentice program pursuant to 12 M.R.S.A. 6422(l).

CHAPTER NUMBER AND TITLE: Ch. 45.24, Shrimp, Reporting of catch
ADOPTED RULE NUMBER: 99-520
CONCISE SUMMARY: All fishers for northern shrimp using a Maine shrimp license are required to fill out a trip log for each fishing trip in which shrimp were landed. Eligibility for obtaining a Maine shrimp license in the future will be conditional upon completion and submission of these trip logs to the state of Maine.

EFFECTIVE DATE: December 20, 1999
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: 10-148 - Department of Human Services, Community Services Center

CHAPTER NUMBER AND TITLE: Ch. 5, Purchase of Service Policy Manual, Section VI, Income Eligibility Determination, Verification and Documentation
ADOPTED RULE NUMBER: 99-521
CONCISE SUMMARY: The proposed addition of Section VI to the Purchase of Service Policy Manual contains the Department of Human Services' policy for the determination, verification and documentation of family income applicable to purchase of service contract agreements containing income eligibility requirements. These agreements are with community agencies who provide child day care services (child care slots and vouchers), transportation services, homemaker services, support services/residential, and support services/early intervention programs. Standards include: income guideline standards, definition of "family", income included in family gross income, adjustments to family gross income, income excluded from family gross income, and verification, documentation and treatment of gross family income.

CHAPTER NUMBER AND TITLE: Ch. 5, Purchase of Service Poligy Manual, Section V, Sub-Section I, Child Care Voucher Services
ADOPTED RULE NUMBER: 99-522
CONCISE SUMMARY: The proposed addition of Sub-Section I to Section V of the Purchase of Service Policy Manual contains the Department of Human Services' policy for the administration of child care voucher services through purchase of service agreements with community agencies. It contains service definitions, identification of the client groups served, and standards applicable to the Department, to the community agencies who contract with the Department to administer the program, to caregivers who enter agreements with the community agencies to provide child care services, and to voucher recipients or parents. Standards include: voucher program administration, income eligibility requirements, other eligibility requirements, fee assessment to parents, payment to caregivers, enrollment, waiting lists, and termination of voucher services.

EFFECTIVE DATE: January 1, 2000
AGENCY CONTACT PERSON: Kathy Thompson, APA Coordinator
AGENCY NAME: Community Services Center
ADDRESS: 11 State House Station, 221 State Street, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-8167


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.06, Vessel Ownership
ADOPTED RULE NUMBER: 99-523
CONCISE SUMMARY: The Department adopts these rules as contemplated by 12 M.R.S.A. 6431-E(4) that requires holders of a Class I, Class II or Class III lobster and crab fishing license must fish from a vessel owned or controlled by the license holder or a member of the license holder's family unless there is a documented illness or disability. The adopted rules define vessel ownership and establish the procedures for annual documentation of vessel ownership, and certification of ownership, to the Commissioner of the Department of Marine Resources or his designee.
EFFECTIVE DATE: December 27, 1999
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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