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December 30, 1998
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: 02-280 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Accountancy
RULE TITLE OR SUBJECT:
Amendment to Ch. 1, Definitions
Amendment to Ch. 2, General Information
Repeal and Replace Ch. 3, Examination Requirements
Repeal and Replace Ch. 4, Certification Requirements
Amendment to Ch. 5, Permits to Practice, Individual
Amendment to Ch. 6, Permits to Practice, Firms
Amendment to Ch. 7, Complaints, Investigations and Adjudicatory Hearings
Amendment to Ch. 8, Rules of Professional Conduct
New Ch. 9, Fees
PROPOSED RULE NUMBER: 98-284
CONCISE SUMMARY: These proposed rule amendments will outline the definitions for the Board of Accountancy and establish guidelines relating to meetings, advisory rulings, and maintenance of records, as well as set forth the procedure by which complaints and adjudicatory hearings will be handled by the Board. The proposed rules will set forth the eligibility requirements for Certified Public Accountant and Public Accountant examinations as well as the certification requirements and continuing professional education requirements. The proposed rules set forth the requirements for obtaining a firm permit. The proposed rules adopt the American Institute of Certified Public Accountants' Code of Professional Conduct as written in the rules. The proposed rules set forth the fees to be charged by the Board.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 12214(4)
PUBLIC HEARING: Wednesday, January 20, 1999 9:00 a.m., Central Conference Room, Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: February 5, 1999
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605

AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 8, Procedures for Payment: Section 7, Calculation of Interest
PROPOSED RULE NUMBER: 98-P286
CONCISE SUMMARY: This rule proposes a standard method for calculating interest on awards of workers' compensation benefits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2); 205(6) & 205(9)(F)
PUBLIC HEARING: Thursday, January 21, 1999, 1:00 p.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, February 1, 1999, 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: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 111, Petroleum Liquid Storage Vapor Control
PROPOSED RULE NUMBER: 98-P288
CONCISE SUMMARY: The Department held a public hearing on August 26, 1998. Based on comments received at that hearing the Department is proposing a change to this rule. Because the change is significant, another comment period is required for public input. The Department is proposing to require petroleum storage vessels to be inspected every ten years with a routine visual inspection conducted monthly. Tank inspections are required at least every ten years and when the tank is degassed. Decreasing the inspection frequency from annually to a minimum of once every ten years reduces the overall VOC emissions emitted from this activity. VOC contribute to the formation of ground-level ozone.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585 and 585-A
PUBLIC HEARING: No public hearing will be held, but comments requested.
DEADLINE FOR COMMENTS: February 2, 1999, 5:00 p.m.
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-2437


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 36, Home and Community-Based Waiver Services for Individuals with Brain Injury and Related Allowances.
PROPOSED RULE NUMBER: 98-P289
CONCISE SUMMARY: The public comment period for proposed changes to Section 36, Home and Community-Based Waiver Services for Individuals with Brain Injury and Related Allowances has been extended for 30 days. This new rule will allow individuals with brain injury the option of receiving necessary services in a home or community setting instead of a nursing facility.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: There will be a public hearing at 35 Anthony Avenue, Augusta, ME, 2nd floor conference room on January 20, 1999 at 2 p.m.
DEADLINE FOR COMMENTS: February 1, 1999
AGENCY CONTACT PERSON: Marianne Ringel, Comprehensive Health Planner
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333
TELEPHONE: 207-624-5528
TTY: 1-800-423-4331 or 207-287-1828 Deaf/Hard of Hearing


AGENCY: 02-393 - Department of Professional and Financial Regulation, Board of Examiners in Physical Therapy
RULE TITLE OR SUBJECT:
Repeal the following chapters:
Ch. 1, Rules for Physical Therapists and Physical Therapist Assistants and Physical Therapy Aides
Ch. 2, Enforcement & Disciplinary Procedures
Ch. 3, Fees
Replace the above chapters being repealed with new chapters as follows:
Ch. 1, Definitions
Ch. 2, General Provisions
Ch. 3, Licensure Requirements for Physical Therapists and Physical Therapist Assistants (Replaces current Ch. 1)
Ch. 4, Standards for Supervision of Physical Therapists and Physical Therapy Aides (Replaces current Ch. 1)
Ch. 5, Enforcement and Disciplinary Procedures (Replaces current Ch. 2)
Ch. 6, Code of Ethics
Ch. 7, Fees (Replaces current Ch. 3)
Attachment A - APTA Code of Ethics, June 1991
Attachment B - APTA Standards of Ethical Conduct for the Physical Therapist Assistant, June 1991 PROPOSED RULE NUMBER: 98-290
CONCISE SUMMARY: These proposed rules will: 1] identify and clarify certain terms used by this profession; 2] specify the manner in which meetings, rulings, hearings and records of the board will occur; 3] specify and clarify the qualifications and method for filing applications for licensure, and attempts to facilitate the specific qualifications for foreign education applicants. Nationally, all states are utilizing the computerized examinations; the proposed rule will eliminate outdated language and allow the board to recognize the current computerized examination and outsource the administration of the exams; 4] set standards for supervision of physical therapist assistants and physical therapy aides; 5] update and clarify procedures for filing and handling complaints, including clarification of the terms used for specific grounds for discipline; 6] establish a code of ethics for persons licensed and practicing in Maine, including adoption of those ethical standards that apply to practitioners nationally; 7] update and clarify terms used in conjunction with fees assessed by the board.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 M.R.S.A., c. 45-A 3112, 3113-B, 3114-A, 3116, 3117-A
PUBLIC HEARING: Wednesday, January 20, 1999 at 1:30 p.m. -- Androscoggin Room, Maine Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: December 21, 1998
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE: (207) 624-9600 or 624-8625


ADOPTIONS

AGENCY: 18-225 - Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 101, Standard Interest Rate
ADOPTED RULE NUMBER: 98-511
CONCISE SUMMARY: This rule establishes the standard interest rate pursuant to 36 M.R.S.A. 186 that is charged against unpaid taxes and paid by the State on overpayment of taxes. The interest charged on outstanding county taxes cannot exceed this rate of interest (36 M.R.S.A. 892-A). The interest rate is being lowered by one percentage point, from 10% to 9%.
EFFECTIVE DATE January 1, 1999
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
PHONE: (207) 287-1076


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence

RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - State Supplement to SSI for Non-Citizens
ADOPTED RULE NUMBER: 98-512
CONCISE SUMMARY: The citizenship requirement for the State Supplement to SSI will be the same as it is for those for whom full Medicaid coverage is available. This coverage excludes illegal aliens and ineligible aliens such as foreign students and visitors. The State Supplement payment will include the full SSI benefit for which the applicant would otherwise be eligible if SSI denies or closes benefits due to citizenship rules that were effective 8/96. This is effective 12/1/98 retroactive to 7/1/98.
EFFECTIVE DATE: December 27, 1998

RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Qualifying Individuals, Part 2
ADOPTED RULE NUMBER: 98-513
CONCISE SUMMARY: This rule provides for help in paying for Medicare Part B premium as authorized by the U.S. Congress. The benefit is $1.07 per month for 1998 and $2.10 per month for 1999. Eligible individuals must have assets under $4,000 and monthly gross income between $981 (countable income limit is $906) and $1,249 (countable income limit is $1,174). For a couple, assets must be under $6,000 and monthly gross income between $1,321 (countable income limit is $1,221) and $1,683 (countable income limit is $1,583). Gross income limits include $75 State and Federal disregards on most unearned income for an individual ($100 for a couple). Individuals must also be entitled to or enrolled in Medicare Part A.
EFFECTIVE DATE: December 22, 1998

AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


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