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Weekly Rulemaking Notices Contact Us Find It

January 2, 2002
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: 07-105 - State Planning Office
RULE TITLE OR SUBJECT: Ch. (New), Methodology for Identification of Regional Service Centers
PROPOSED RULE NUMBER: 2001-P317
CONCISE SUMMARY: This proposed rule details the method that the State Planning Office will use to identify Maine's "service center communities" in accordance with 30-A MRSA 4301-A, sub-14-A. In the rule, the term "regional service centers" is used for service center communities in order to reflect their varied economic and social significance for neighboring communities. Regional service centers are the cities and towns to which many people in neighboring communities come to work, shop, or seek public housing or other government services. In accordance with the law directing the adoption of this rule, the State Planning Office will look at factors related to the types and number of jobs available in a community as well as the amount of retail sales and federally assisted housing in a community, in deciding whether a city or town is a regional service center. Regional service center communities are eligible for priority or preference in decisions to award certain state grants and loans. These state grants and loans include funds provided by the Maine Department of Economic and Community Development's Municipal Investment Trust Fund and Community Development Block Grant program, and local assistance provided by the State Planning Office.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4301, sub-14-A (enacted by PL 2001 c.90, 1)
PUBLIC HEARINGS:
The State Planning Office will hold four public hearings on the proposed rule:
January 22nd, 2002 at 1 p.m. to 3 p.m. in the Council Room at Presque Isle City Hall, 12 Second St.;
January 23rd, 2002 at 10 a.m. to noon at Bangor Public Library Lecture Hall, 145 Harlow Street;
January 24th, 2002 at 1 p.m. to 3 p.m. at the State Planning Office, 184 State Street, Augusta; and
January 25th, 2002 at 10 a.m. to noon in Room 241, Luther Bonney Hall, Gorham Campus, USM
DEADLINE FOR COMMENTS: Written comments must be received no later than Tuesday, February 5th, 2002. Written comments may be sent to: Maine State Planning Office, 38 State House Station, Augusta, Maine 04333.
AGENCY CONTACT PERSON: John DelVecchio
AGENCY NAME: Maine State Planning Office
ADDRESS: 38 State House Station, Augusta, ME 04260
TELEPHONE: (207) 287-8058


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 127, Instructional Program, Assessment, and Diploma Requirements
PROPOSED RULE NUMBER: 2001-P318
CONCISE SUMMARY: This rule applies to all public schools and to schools that are approved by the Department of Education. The rule clarifies instructional program requirements in alignment with the system of Learning Results. It establishes standards for local assessment systems to measure student and school performance on the content standards of the system of Learning Results. It specifies the timelines for implementation of local assessment systems. Finally, it specifies the requirements for school administrative units to award a diploma to a student upon completion of secondary school.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 6211
PUBLIC HEARING: Tuesday, January 22, 2002, 2:30 to 4:30 p.m., Room 103, Burton M. Cross State Office Building. Note: individuals can participate in the hearing simultaneously using the Department's Distance Learning Network from the following locations:
Gorham High School, Room 116
Bangor Public Library, ATM Room
Presque Isle High School, Room 409
DEADLINE FOR COMMENTS: Written comments must be received in the Department of Education by 5 p.m. Friday, February 1, 2002. This can be accomplished by:
Delivering them to the receptionist on the 5th floor of the Burton Cross State Office Building
Mailing them to Dr. Judith Lucarelli, Deputy Commissioner, 23 State House Station, Augusta, ME 04333-0023
Faxing them to Dr. Judith Lucarelli, Deputy Commissioner, (207) 624-6601
E-mailing them to judy.lucarelli@maine.gov
AGENCY CONTACT PERSON:
AGENCY NAME: Dr. Judith Lucarelli
ADDRESS: Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6620


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - TANF Benefit Package (Rev. 58-P)
PROPOSED RULE NUMBER: 2001-P319
CONCISE SUMMARY: This rule allows TANF working families to receive a benefit package, which consists of a basic TANF benefit and child care benefits. Furthermore, the rule provides families a choice to receive the payment directly or to have a portion of their benefit package mailed to their child care provider directly.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741/3762
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: February 4, 2002
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5089
TTY: (207) 287-6948


AGENCY: 02-031 - Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Proposed Amendments to Ch. 530, Provisional Medical or Disability Payments to Workers' Compensation Claimants
PROPOSED RULE NUMBER: 2001-P320
CONCISE SUMMARY: This Rule establishes procedural requirements governing the payment of medical and disability benefits by health, disability, and workers' compensation insurance companies so that injured workers whose workers' compensation claims have been controverted and who are awaiting Workers' Compensation Board determinations shall not incur any unnecessary financial burden.
'THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This Rule is adopted by the Superintendent of Insurance, after consultation with the chair of the Workers' Compensation Board, pursuant to 39-A MRSA 222(3) and 24-A MRSA 212.
PUBLIC HEARING: A public hearing will be held on January 24, 2002 at 9:00 a.m. in the Kennebec Room of the Department of Professional & Financial Regulation building located at 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: February 4, 2002
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8460


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 25, Maine Outdoor Heritage Fund - Strategic Plan
ADOPTED RULE NUMBER: 2001-537
CONCISE SUMMARY: The Maine Outdoor Heritage Fund Board has adopted changes to its strategic plan including: greater detail on what constitutes match on grant applications, and reference that environmental monitoring projects and agricultural lands containing wildlife or public recreational values are eligible for funding from the Fund. These amendments are adopted to expand the types of projects eligible for funding from the Heritage Fund, to clarify how match is calculated by the Board, and to increase competition by soliciting a greater number of grant applications.
EFFECTIVE DATE: December 25, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 15-215 - Department of Defense, Veterans and Emergency Management Bureau of Maine Veterans' Services
CHAPTER NUMBER AND TITLE: Ch. 439, Rules for Administering Veterans Financial Assistance
ADOPTED RULE NUMBER: 2001-538
CONCISE SUMMARY: The Department has adopted this rule for administering a temporary financial and emergency assistance program for veterans in the State of Maine in accordance with Ch. 439, Public Law, Part QQ-2, Title 37-B MRSA 505, sub-l-A.
EFFECTIVE DATE: December 25, 2001
AGENCY CONTACT PERSON: Frank Soares, Director
AGENCY NAME: Bureau of Maine Veterans' Services
ADDRESS: 117 State House Station, Augusta, ME 04333-0117
TELEPHONE: (207) 626-4464


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 351, Maine Child Support Enforcement Manual
ADOPTED RULE NUMBER: 2001-539
CONCISE SUMMARY: The rule implements the changes made to child support law in P.L. 2001, c.264, adds the updated Child Support Table and reflects to recodification of family law from Title 19 to Title 19-A.
EFFECTIVE DATE: December 26, 2001
AGENCY CONTACT PERSON: Debby Willis, Legal Counsel, Division of Support Enforcement and Recovery, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5095
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #01-02
ADOPTED RULE NUMBER: 2001-540
CONCISE SUMMARY: Minimum January, 2002 Class I price is $15.21plus $.15/cwt. Producer Cost of Production and an over order premium of $1.00/cwt. as being prevailing in southern New England for a total of $16.36. Class II minimums set at $12.93 which includes $.15/cwt. for Cost of Production. These changes were passed on in minimum prices.
Minimum Prices can be found at http://www.maine.gov/agriculture/ahi/milk/homepage.html
EFFECTIVE DATE: January 1, 2002
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-298 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 240, Standards of Professional Practice
ADOPTED RULE NUMBER: 2001-541
CONCISE SUMMARY: The amendment to Ch. 240 identifies the current edition of the standards of professional practice with which real estate appraisers shall comply.
EFFECTIVE DATE: January 1, 2002
AGENCY CONTACT PERSON: Carol J. Leighton, Administrator
AGENCY NAME: Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Real Estate Appraisers
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8520