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January 14, 2004
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 Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 241, Subsurface Wastewater Disposal Rules
PROPOSED RULE NUMBER: 2004-P1
CONCISE SUMMARY: Minor revisions are proposed to incorporate current Department Policy and to clarify the intent of Sections which are unclear.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 30-A 4211
PUBLIC HEARING. February 3, 2004, Pine Tree State Arboretum, Augusta, Maine, 10 a.m. - 12 Noon
DEADLINE FOR COMMENTS: February 13, 2004
AGENCY CONTACT PERSON:
NAME: Russell G. Martin, PE, Director Wastewater & Plumbing Program
ADDRESS: Division of Health Engineering, 11 State House Station, Augusta, ME 04333
PHONE: (207) 287-4735
TTY: (207) 287-2070
FAX: (207) 287-3165


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 243, Minimum Lot Size Rules
PROPOSED RULE NUMBER: 2004-P2
CONCISE SUMMARY: These rules describe the requirements for minimum lot sizes and for waivers pursuant to the Minimum Lot Size Law, 12 MRSA 4807-D., and accommodate recent changes to the statute allowing municipalities to process variances.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 4807-B
PUBLIC HEARING: February 3, 2004, Pine Tree State Arboretum, Augusta, Maine, 10 a.m. - 12 Noon
DEADLINE FOR COMMENTS: February 13, 2004
AGENCY CONTACT PERSON:
NAME Russell G. Martin, PE, Director Wastewater & Plumbing Program
ADDRESS: Division of Health Engineering, 11 State House Station, Augusta, ME 04333
E-MAIL: Russell.Martin@maine.gov
PHONE: (207) 287-4735
TTY: (207) 287-2070
FAX: (207) 287-3165


AGENCY: 02-174 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Boilers and Pressure Vessels
RULE TITLE OR SUBJECT:
Repeal and Replace Ch. 1, Definitions
New Ch. 2, Variances
New Ch. 3, Board Meetings
New Ch. 4, Advisory Rulings
New Ch. 11, National Codes Applicable to Boilers and Pressure Vessels
New Ch. 12, Power Boilers
New Ch. 13, Heating Boilers
New Ch. 14, Pressure Vessels
New Ch. 15, Repairs and Alterations
New Ch. 21, Duties and Responsibilities of All Owners of Boilers and Pressure Vessels
New Ch. 31, Inspectors
New Ch. 32, Boiler Operators and Stationary Steam Engineers
Repeal Ch. 2, General Rules Governing Boilers of All Types
Repeal Ch. 3, Power Boilers
Repeal Ch. 4, Miniature Boilers
Repeal Ch. 5, Low Pressure Boilers
Repeal Ch. 6, Pressure Vessels
Repeal Ch. 7, Welding
Repeal Ch. 8, Shop Certification
Repeal Ch. 9, Boiler Inspectors
Repeal Ch. 10, Boiler Engineers and Operators
Repeal Ch. 11, Welders
Repeal Ch. 12, Fees
Repeal Ch. 13, General Information
Repeal Ch. 14, Complaints, Investigations and Adjudicatory Hearings
PROPOSED RULE NUMBER: 2004-P3
CONCISE SUMMARY: The proposed rules have been completely rewritten from the rules that are presently adopted by the Board. The proposed rules:
1. Define terms that are used in the rules adopted by the Board and terms used in Title 32, Ch. 131, but not defined by statute.
2. Prescribe procedures for the filing of a petition for a variance.
3. Establish procedures for meetings of the Board.
4. Establish requirements and guidelines for the Board's discretionary issuance of advisory rulings.
5. Adopts by reference the national safety codes and standards that apply to boilers and pressure vessels regulated in the State of Maine.
6. Establishes specific requirements for the design, construction, installation, operation, and inspection of power boilers and pressure vessels in addition to those established in Title 32 Ch. 131, and the national codes adopted by reference.
7. Establishes specific requirements for the identification, construction, installation, operation, inspection, and operation of heating boilers in addition to those established in Title 32, Ch. 131, and the national codes adopted by reference. Consistent with 32 MRSA 15102(1), the Board's rules regulate only those heating boilers located in schoolhouses or owned by municipalities.
8. Establishes requirements for performing welded repairs, alterations, or piping fabrications on boilers or pressure vessels.
9. Establishes general duties and responsibilities of owners of boilers and pressure vessels.
10. Establishes requirements for initial and renewal licensure of inspectors.
11. Establishes requirements for licensure and responsibilities of boiler operators and stationary steam engineers.
THE PROPOSED RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 15104-A(1)
PUBLIC HEARING: Thursday, February 5, 2004, 9:00 a.m., Department of Professional and Financial Regulation, Central Conference Room, Gardiner Annex, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: February 16, 2004
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: 02-384 - State Board of Alcohol and Drug Counselors
RULE TITLE OR SUBJECT:
Ch. 1, Definitions
Ch. 2, Advisory Rulings
Ch. 3, Requirements for Registration as an Alcohol and Drug Counseling Aide
Ch. 4, Requirements for Licensure as a Certified Alcohol and Drug Counselor
Ch. 5, Requirements for Licensure as a Licensed Alcohol and Drug Abuse Counselor (LADC)
Ch. 6, Standards for Certification of Clinical Supervisors
Ch. 7, Continuing Professional Education for Alcohol and Drug Counselors, Alcohol and Drug Counseling Aides and Certified Clinical Supervisors
Ch. 8, Enforcement and Disciplinary Procedures
Ch. 9, Code of Ethics
PROPOSED RULE NUMBER: 2004-P4
CONCISE SUMMARY: This is a recodification of the rules of the State Board of Alcohol and Drug Counselors that will repeal and replace the rules currently in effect. The proposed rules reflect the recodification of the alcohol and drug law made by PL 2003, c. 347, and also reflect the new licensing hierarchy of alcohol and drug counseling aide, certified alcohol and drug counselor, licensed alcohol and drug counselor and certified clinical supervisor. The proposed rules accomplish the following objectives:
* Require alcohol and drug counseling aides to notify the board upon change or cessation of employment
* Define associate and bachelor degrees that are sufficiently "related to" clinically based behavioral sciences or addiction counseling so as to qualify an applicant for licensure on the basis of higher education
* Define higher education coursework that will be recognized in lieu of an associate degree so as to qualify an applicant for licensure on the basis of higher education. (This alternative coursework pathway is based on the Substance Abuse Rehabilitation Certificate Program offered by the University of Maine at Augusta and the Mental Health Rehabilitation Technician/Community Program offered by the University of Maine at Augusta and the University of Southern Maine.)
* Quantify "clinically supervised work experience" as consisting of 1 hour of supervision for each 20 hours of direct client contact.
* Provide for the certification of clinical supervisors, including transitional certification for persons who have regularly served as clinical supervisors for 3 of the 5 years preceding November 1, 2004
* Promulgate new provisions and procedures relating to continuing professional education. No CPE is required during a licensee's initial license term. The amount of CPE required for renewal is reduced across the board. Also, prior approval of CPE activities is now a recommendation, instead of an absolute requirement as in Current rules.
* Provide that a licensee on inactive status complete one license period's worth of continuing professional education during the 2 years prior to applying for reinstatement.
* Formulate a comprehensive standard of sexual misconduct as a ground for discipline of licensees.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8051, 9001(4); 32 MRSA 6212, 6214-C, 6216, 6219, 6219-A, 6219-B
PUBLIC HEARING: February 6, 2004, 10:30 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, ME
DEADLINE FOR COMMENTS: February 17, 2004
AGENCY CONTACT PERSON: Jeri L. Betts, Board Administrator
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8625


AGENCY: 17-229 - Department of Transportation
RULE TITLE OR SUBJECT: Amendment to Ch. 299, Highway Driveway and Entrance Rules
PROPOSED RULE NUMBER: 2004-P5
CONCISE SUMMARY: This amendment to the Maine Department of Transportation's Rules is intended to clarify certain administrative provisions and increase flexibility of the rule to allow more predictability in terms of permit issuance.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 MRSA 704, 23 MRSA 52 and 23 MRSA 4206(5)
PUBLIC HEARING: Friday, February 6, 2004 from 10:00 a.m. to 1:00 p.m., Main Conference Room (Room 216), Transportation Building, Child Street, Augusta, Maine
DEADLINE FOR COMMENTS: February 20, 2004
AGENCY CONTACT PERSON: Steve Landry
AGENCY NAME: Department of Transportation
ADDRESS: 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: (207) 624-3620


AGENCY: 12-152 - Department of Labor, Division of Vocational Rehabilitation
RULE TITLE OR SUBJECT:
Ch. 1, Division of Vocational Rehabilitation Policy Manual, and
Ch. 12, Telecommunication Devices for People with Disabilities
PROPOSED RULE NUMBER: 2004-P6
CONCISE SUMMARY: This repeals specific sections of the Division of Vocational Rehabilitation Policy Manual rules, which govern the delivery of vocational rehabilitation services to assist individuals with disabilities to prepare for and obtain employment, and replaces them with new rules. Sections with revisions to the rules include: 1) Purpose and General Requirements of the Maine Division of Vocational Rehabilitation(DVR) Program; 3) Maine DVR Appeals Process; 4) Application and Eligibility; 7) Individual Plan for Employment; 9) Vocational Rehabilitation Services; and 10) Closure.
Ch. 12, Telecommunication Devices for People with Disabilities will be repealed and replaced with rules to meet the requirements of the Federal Regulations and to make other programmatic changes to improve the effectiveness of the DVR program in assisting individuals with significant disabilities obtain, enter, and retain employment.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 26 MRSA 1418; Title 26 MRSA 1411-C
PUBLIC HEARING: February 3, 2004, 1:00 to 3:00 p.m., Augusta Career Center, second floor, Conference Room #2
DEADLINE FOR COMMENTS: February 13, 2004, 5:00 p.m.
AGENCY CONTACT PERSON: Mel Gleason
AGENCY NAME: Division of Vocational Rehabilitation
ADDRESS: 150 State House Station, Augusta, Maine 04333-0150
Email: mel.j.gleason@maine.gov
TELEPHONE: (207) 624-5951


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 13, Watercraft (Motor Size Restrictions on Certain Inland Waters)
PROPOSED RULE NUMBER: 2004-P7
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following watercraft regulations:
Fahi Pond, Town of Embden: Motorboats over 10 horsepower prohibited.
Sand Pond, Town of Embden: Motorboats over 10 horsepower prohibited.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7792
PUBLIC HEARING: February 4, 2004; Embden Elementary School, Embden Pond Road, Embden - 6:30 p.m.
DEADLINE FOR COMMENTS: February 17, 2004
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 12-172 - Maine Unemployment Insurance Commission
RULE TITLE OR SUBJECT: Rules Governing the Administration of the Employment Security Law: Ch. 9, Able and Available Requirements
PROPOSED RULE NUMBER: 2004-P8
CONCISE SUMMARY: This proposed rule amends an existing rule in order to allow claimants, who are not able and available and actively seeking full-time work, to receive unemployment benefits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA 1082(2) and 1192'
PUBLIC HEARING: February 2, 2004, 12:30 - 2:00 p.m., Cross Building, Room 501, Augusta, ME
DEADLINE FOR COMMENTS: February 12, 2004
AGENCY CONTACT PERSON: Veronica Terroni
AGENCY NAME: Maine Unemployment Insurance Commission
ADDRESS: 40 Forest Falls Drive, Yarmouth, ME 04096-6905
TELEPHONE: (207) 846-2000
FACSIMILE: (207) 846-5216
TDD: (800) 794-1110


ADOPTIONS

AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 159, Rules Governing the Administration of The Permanent, Semipermanent Semitrailer Registration Programs
ADOPTED RULE NUMBER: 2004-2
CONCISE SUMMARY: This rule is being amended to adjust long term trailer registration payment plans to reflect the fee increases enacted as a result of chapter 253 PL of 2003; and to make minor grammatical and style changes.
EFFECTIVE DATE: January 10, 2004
AGENCY CONTACT PERSON: Richard Nickless, Titles & Registration Section Manager
ADDRESS: Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9189


AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services
CHAPTER NUMBER AND TITLE: Ch. 8, Rules Governing Consumer Directed Personal Care Assistance Services
ADOPTED RULE NUMBER: 2004-3
CONCISE SUMMARY: The proposed rule, as a result of legislation passed in 2002, changes the name of the Personal Care Assistance for Severely Physically Disabled Adults Program to Consumer Directed Personal Care Assistance Services and transfers the administration of the program from the Department of Human Services, Bureau of Elder and Adult Services, to the Department of Labor, Bureau of Rehabilitation Services. The rule also makes numerous structural and administrative changes throughout the program. Changes are included in the sections dealing with: definitions, eligibility for services, duration of services, covered services, non-covered services, policies and procedures, professional and other qualified staff, consumer records and program results, program responsibilities, consumer payments, methods for reviewing requests for waivers of consumer payments, and appeals process.
EFFECTIVE DATE: January 11, 2004
AGENCY CONTACT PERSON: Patten Williams, Director, CDPAS Programs
AGENCY NAME: Bureau of Rehabilitation Services
ADDRESS: 2 Anthony Avenue, State House Station 150, Augusta, ME 04333-0150
TELEPHONE: (207) 624-5922


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 16, Allocation of State Ceiling for Low Income Housing Tax Credit
ADOPTED RULE NUMBER: 2004-4
CONCISE SUMMARY: Maine State Housing Authority is amending the Allocation of State Ceiling for Low-Income Housing Tax Credit Rule (the "Rule") as follows: (i) To establish a two-year Qualified Allocation Plan; (ii) to move the tax credit reservation cycle for the 2005 State Ceiling to October 2004; (iii) to remove the assisted living set-aside and remove assisted living as a housing priority; (iv) to create housing for homeless persons as a new housing priority and to modify the SRO set-aside to include housing for homeless persons; (v) to increase the amount of the non-profit set-aside and clarify the submission requirements for participation in the non-profit set-aside; (vi) to increase the maximum credit restriction; (vii) to establish as a threshold application requirement that an applicant maintain the additional affordability pledged in its tax credit application pursuant to the affordability selection criterion for a period of 90 years, and as a result, to remove the extended low-income period selection criterion; (viii) to include the obligations of an applicant to provide the physical plant amenities and services pledged in the applicant's tax credit application, for which the applicant was awarded points under the selection criteria, in the extended low income housing commitment agreement; (ix) to increase the maximum points for the physical plant amenity and related services selection criteria; (x) to modify the family project selection criterion to allow more 2-bedroom units and fewer 3 or more bedroom units; (xi) to create a new selection criterion for projects that are an allowed use in the municipal zoning district which they will be located by virtue of being a permitted, conditional or nonconforming use in the district, having a variance or a contract zone or otherwise; (xii) to create a new selection criterion for projects that promote principles of smart growth and minimize sprawl; (xiii) to increase the maximum points for the below market funding criterion and clarify the form of commitment required under the category; (xiv) to remove property that is donated or purchased at below fair market value from the below market funding criterion and to create a separate criterion under the leveraged funds category for property that is donated or purchased at a nominal fee; (xv) to update the housing need ranks for family and senior housing under the project location selection criteria; (xvi) to modify the submission requirements under the community revitalization selection criterion by requiring that a copy of the adopted community revitalization plan be submitted with the tax credit application; (xvii) to clarify the sponsor characteristics criteria relating to default and 8823 history and to establish a new criterion for management companies with low-income housing tax credit experience; (xviii) to modify the selection criterion for nonprofit ownership of tax credit projects and to reduce the maximum points that may be awarded under the criterion; (xix) to authorize MSHA to convert tax credits allocated in a particular calendar year to a reservation of credits in subsequent years under limited circumstances; (xx) to clarify the monitoring and reporting requirements; and (xxi) to make updates, clarifications and grammatical changes.
EFFECTIVE DATE: January 12, 2004
AGENCY CONTACT PERSON: Jodie Stevens, Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


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