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January 6, 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
AGENCIES:
09-137 - Department of Inland Fisheries and Wildlife
13-188 - Department of Marine Resources

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: Wednesday, January 27,1999 - 7:00 p.m. Augusta Civic Center, Lincoln/Oxford Room, Augusta, Maine
DEADLINE FOR COMMENTS: February 6, 1999

CHAPTER NUMBER AND TITLE:
09-137 Ch. 2, Rules Pertaining to Commercial Fishing, Fish Culture and Fishing Derbies and Tournaments
13-188 Ch. 24, Importation of Live Marine Organisms
PROPOSED RULE NUMBER: 98-P291
CONCISE SUMMARY: The Commissioners of the Departments of Inland Fisheries and Wildlife and Marine Resources are proposing to jointly adopt rules establishing fish health inspection procedures for live salmonids and gametes commercially grown within the State of Maine. A copy of the proposed rules may be obtained from the Agency Contact Person.
STATUTORY AUTHORITY: 12 MRSA, Sections 6071, 6171, 7035
AGENCY CONTACT PERSONS:
Inland Fisheries: Andrea Erskine, 41 State House Station, Augusta, ME 04333-0041; telephone: 287-5201
Marine Resources: Laurice Churchill, 21 State House Station, Augusta, ME 04333-0041; telephone: 633-9584.

CHAPTER NUMBER AND TITLE:
09-137 - Ch. 2.03, Commercially Grown or Imported Fish
13-188 Ch. 24.21, Salmonid Fish Health Inspection Regulations
PROPOSED RULE NUMBER: 98-P292
CONCISE SUMMARY: The Commissioners of the Departments of Inland Fisheries and Wildlife and Marine Resources are proposing to jointly adopt rules establishing fish health inspection procedures for live salmonids and gametes commercially grown within the State of Maine.
STATUTORY AUTHORITY: 12 M.R.S.A. 6071 and 6171
AGENCY CONTACT PERSON: Lewis N. Flagg
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6341


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 98-P293
CONCISE SUMMARY: Current rules apply disqualifications for entire Food Stamp households when the head of household is sanctioned for failure to fulfill work requirements or quits a job. These rules will disqualify only the household member, regardless of head of household status.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: February 5, 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: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 2, Section 213 Compensation for Partial Incapacity; Section 2 Extension of 260-week limitation; subsection 2
PROPOSED RULE NUMBER: 98-P294
CONCISE SUMMARY: The rule provides a 52-week extension for partial incapacity benefits pursuant to 39-A M.R.S.A. Section 213(4).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A M.R.S.A. Section 152(2) and Section 213(4)
PUBLIC HEARING: Monday, January 25, 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: Thursday, February 4, 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 OR SUBJECT: Proposal Two: the Amendment of Ch. 119, Motor Vehicle Fuel Volatility Limit.
PROPOSED RULE NUMBER: 98-P297
CONCISE SUMMARY: Under this proposed Chapter 119, all gasoline that is provided to distributors, wholesalers or and retailers shall have a Reid Vapor Pressure (RVP) no greater than 7.8 pounds per square inch (psi) during the summer ozone season which is defined as May 1 through September 15. The Department will be presenting two separate proposals for an alternative fuel to reformulated gasoline with MTBE. A summary of the first proposal is published on this same date.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 M.R.S.A. Section 585-A
PUBLIC HEARING: Special Public Hearing: January 20, 1999, Augusta Hotel, Augusta, Maine. Staff Presentation: 9 a.m. - 12 p.m. Public Comment: 1 p.m. - 4 p.m., 6 p.m. - 9 p.m.
DEADLINE FOR COMMENTS: February 1, 1999
AGENCY CONTACT PERSON:
NAME: Ronald W. Severance
ADDRESS: Bureau of Air Quality Control, Department of Environmental Protection, State House Station 17, Augusta, ME 04333
PHONE NUMBER: 207-287-2437


ADOPTIONS

AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal

CHAPTER NUMBER AND TITLE: Ch. 29, Code for Safety to Life from Fire in Building and Structures, NFPA Manual 101 - 1997 edition.
ADOPTED RULE NUMBER: 98-515
CONCISE SUMMARY: The Commissioner of Public Safety is required by law to adopt rules ensuring life safety from fire in buildings or other structures used by the public. This code establishes minimum construction, occupancy and egress design features to reduce the public's risk from fire, smoke or fumes. It is a-rule update, replacing the previous 1994 national technical code edition with the most current 1997 edition. References in the 1997 code to the allowable use of unvented gas space heaters in certain public occupancies and the allowable use of portable space heating devices in health care occupancies will not be included as part of this rule adoption.

CHAPTER NUMBER AND TITLE: Ch. 33, Fire Safety Technician Training and Certification Program.
ADOPTED RULE NUMBER: 98-516
CONCISE SUMMARY: The State Fire Marshal's Office is required by law to develop a training and certification program so individuals can be prepared to conduct fire safety inspections of licensed child care facilities. This rule establishes the content of the training program and provides procedures for obtaining a Fire Safety Technician Certificate.

EFFECTIVE DATE: January 2, 1999
AGENCY CONTACT PERSON: Karen Peterson
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 18 Meadow Road, 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: 287-3473


AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 125, Health Care Information That Directly Identifies an Individual
ADOPTED RULE NUMBER: 98-517
CONCISE SUMMARY: This rule defines and lists the data elements within a patient's medical record deemed to be direct identifiers of individuals. The list of direct identifiers is to be used in the development of patient record release forms developed by health care providers under the terms set forth in PL 1997, Chapter 793 - An Act to Provide for the Confidentiality of Health Care Information.
EFFECTIVE DATE: January 1, 1999
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director
AGENCY NAME: Maine Health Data Organization
ADDRESS: Gardiner Annex - Northern Avenue, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 624-8655


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Coverage of Residents of a Public Institution
ADOPTED RULE NUMBER: 98-518
CONCISE SUMMARY: Due to a change in policy by the (federal) Health Care Financing Administration, Medicaid will cover services provided to an inmate of a jail or prison while s/he is admitted as an inpatient in a nursing home, Intermediate Care Facility for Mental Retardation, hospital or juvenile psychiatric facility if the individual is otherwise eligible for Medicaid.
EFFECTIVE DATE: January, 1999.
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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