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February 9, 2000
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 adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 145, NOx Control Program
PROPOSED RULE NUMBER: 99-P273
CONCISE SUMMARY: The Department is proposing to adopt a regulation to implement the Ozone Transport Region (OTR) NOx Memorandum of Understanding (MOU). The proposal will require electrical generating units, resource recovery units and major industrial sources to implement additional NOx controls beginning January 1, 2003. The control requirements include an emission rate limit of 0.15 lbs. per million Btu for electrical generating units and resource recovery facilities, and an emission rate limit of 0.20 lbs. per million Btu for industrial sources. The proposal also includes monitoring, recordkeeping and reporting requirements. The comment deadline for this proposal is being extended until 5:00 p.m. on February 16, 2000.
Copies of these rules are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585 and 585-A
PUBLIC HEARING: January 6, 2000, 1:00 p.m., Holiday Inn, Augusta, Maine
DEADLINE FOR COMMENTS: February 16, 2000
ACENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: 207/287-2437


AGENCY: 05-071 - Department of Education (Child Development Services)
RULE TITLE OR SUBJECT: Ch. 180, Early Intervention and Special Education for Children Age Birth to Under Age Six
PROPOSED 'RULE NUMBER: 2000-P1
CONCISE SUMMARY: The rule governs the administration of' the Childfind system for children age birth to under age six (B-5), the provision of early intervention services to eligible children age birth to under age three (B-2) with disabilities and their families, and the provision of special education and related services to eligible children age three to under age six (3-5) with disabilities and their families, implementing 20-A MRSA c. 307-A. The rule is being amended to reflect changes in the State law, and the federal Individuals with Disabilities Education Act (IDEA -- 1997 amendments), which govern this program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING:
Second Hearing:
February 28, 2000, 10:30 a.m. - 12:30 p.m. Statewide ITV presentation originating at the UM Augusta site.
UC Bangor (Bangor Hall, Room 101)
UM Augusta (Learning Center/Bennet Katz Library ITV Studio, Room 53)
UM Farmington (Roberts Learning Center, ITV Studio)
UM Fort Kent (Annex Building, Room 11)
UM Machias (Torrey 4)
UM Presque Isle (Pullen Hall, Room 115)
USM (Payson Smith Hall, Room 304)
DEADLINE FOR COMMENTS: March 9, 2000, 5:00 p.m.
AGENCY CONTACT PERSON, Joanne C. Holmes
AGENCY NAME: Child Development Services State Office
ADDRESS: 146 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-3272


AGENCY: 10-149 - Bureau of Elder and Adult Services
RULE TITLE OR SUBJECT: Ch. 5, Bureau of Elder and Adult Services Policy Manual
PROPOSED RULE NUMBER: 2000-P29
CONCISE SUMMARY: The proposed major substantive rules implement changes to the consumer co-payment provisions in: Sections 61 - Adult Day Services; 62 - Congregate Housing Services; 63 - In-home and Community Support Services; 68 - Respite Care for People with Alzheimer's or Related Disorders; 69 - BEAS Administered Homemaker Services; and 73 - Personal Care Assistance for Severely Disabled Adults of the BEAS Policy Manual. The changes were proposed by the Cost-sharing Work Group in order to establish a more equitable co-payment system for state funded home based care programs. They were approved by the Joint Standing Committee on Health and Human Services on January 5, 2000 as replacements for earlier rules which were to go into effect on February 1, 2000. The Cost-sharing Work Group had been convened by the Department of Human Services pursuant to PL 99 Resolve 72. In Sections 61, 62, 68 and 69 the following changes apply: 1) Individuals with assets of more than $50,000 or couples with assets of more than $75,000 are not eligible for state assistance; 2) Consumers are eligible to apply for a waiver of their co-pay if their income is at or below 200% of the federal poverty level; and 3) To bring the co-pay for recipients of homemaker services into line with the 20% co-pay required in Sections 61, 62 and 68, the homemaker co-pay of 10% of the cost of their services will increase to 15% on 2/l/00 and to 20% on 1/1/01. In Sections 63 and 73 the following apply: 1) Household income is the sum of the incomes of the consumer and the spouse; 2) Consumers in both programs may deduct from their income disability related expenses and dependent allowances as defined; 3) Four percent [4%] of net income will be used to determine the monthly contribution from income; 4) In Section 73 the amount of protected assets remains at $30,000; in Section 63 protected assets are now $15,000; and 5) The co-pay for two persons in a household receiving services from the same program is half of their combined co-pays. These rules also add a definition of disability related expenses, delete a misplaced, misnumbered and duplicative section, set a deadline for receipt of co-payments and correct inconsistencies in wording.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 99, Ch. 4; 22 MRSA 312, 5106, 5107, 6203, 7303, 7915, and 24-A MRSA 6214.
PUBLIC HEARING: Monday, February 28, Jewett Hall, University of Maine, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m., Friday, March 10, 2000
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station (35 Anthony Avenue), Augusta, ME 04333-0011
TELEPHONE: (207) 624-5335 or 1 (800) 262-2232
TTY: (207) 624-5442 or 1 (888) 720-1925


AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE AND NUMBER: Ch. 100, Enforcement and Forfeiture Procedures
PROPOSED RULE NUMBER: 2000-P30
CONCISE SUMMARY: This Chapter provides for the establishment of a schedule of forfeitures for failure to file clinical, financial and restructuring data with the Maine Health Data Organization as required under 22 MRSA. 8701 et. seq. and 8705, failure to pay the annual assessment, and for willful failure to protect the disclosure of confidential and privileged data. The rule includes establishing forfeiture fee levels if filing deadlines are not met, if the submissions do not meet the established standards, if the assessment is not paid or if the identification of patients and practitioners is not protected.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 8701, 8705 and 8710
PUBLIC HEARING: March 3, 2000 - 9:00 a.m., Holiday Inn, 110 Community Drive Augusta, ME.
DEADLINE FOR COMMENTS: March 14, 2000
AGENCY CONTACT PERSON:
NAME: Alan M. Prysunka, Director
ADDRESS: Maine Health Data Organization, Gardiner Annex-Northern Avenue, 35 State House Station, Augusta, Maine 04333-0035
TELEPHONE: 624-8655


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 6, Rehabilitation
PROPOSED RULE NUMBER: 2000-P31
CONCISE SUMMARY: The proposed changes establish reporting requirements and establish procedures for resolving disputes concerning vocational rehabilitation plans.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A MRSA 152(2) and 217
PUBLIC HEARING: Monday, February 28, 2000, 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, March 9, 2000, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: 207-287-7094


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services, Division of Medicaid Policy and Programs
RULE TITLE OR SUBJECT: Ch. 150, Section 20, Severely Affected Hospital Funds, Hospital Finance Rules.
PROPOSED RULE NUMBER: 2000-P32
CONCISE SUMMARY: This is a new rule that describes the criteria for determining eligibility for and distribution of funds available to assist hospitals severely affected by Medicaid payment reductions established in P. L. 1999, c. 401, Part A, Section A-1.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA, 42, 3173
PUBLIC HEARING: 1 p.m., March 1, 2000, Certificate of Need Conference Room, 1st floor, 35 Anthony Avenue, Augusta, Maine 04330
DEADLINE FOR COMMENTS: March 13,2000
AGENCY CONTACT PERSON: Gregory Nadeau, Comprehensive Health Planner
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333-0011
TELEPHONE: 624-5515 or 1-(800) 321-5557, option 1
TTY (207) 287-1828 / 1-(800) 423-4331


AGENCY: 02-385 - Department of Professional & Financial Regulation, Manufactured Housing Board
RULE TME OR SUBJECT:
Ch. 110, State Cert1fication of Manufactured Housing - Subpart B: Adoption of Codes and Standards
Ch. 310, Licensing - Authority
Ch. 320, Licensing - Definitions
Ch. 330, Licensing - Administration
Ch. 340, Licensing - Licenses
Ch. 350, Licensing - Prohibited Practices
Ch. 360, Licensing - Inspections
Ch. 370, Licensing - Complaint and Investigations
Ch. 380, Licensing - Adoption of Codes and Standards
Ch. 381, Licensing - Home Installation Warranty Seals
PROPOSED RULE NUMBER: 2000-P33
CONCISE SUMMARY: The proposed rules will establish 'installers' as a new licensing category, define certain professional terms, require a model home display for all licensed dealers, simplify the process for filing of applications and issuance of licenses, establish a training program for all licensees, reduce the license fees by 25%, require licensees to provide evidence of general liability insurance and workers' compensation insurance where applicable, give inspection staff authority to issue orders of correction, adopt current codes and standards, comply with current HUD procedure for filing of consumer complaints, replace the "Notice of Installation" process to conform with 10 MRSA 1404-A.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 10 MRSA 9005(l)
PUBLIC HEARING: Wednesday, March 1, 2000 at 9.00 a.m., Department of Professional and Financial Regulation, Gardiner Annex, Central Conference Room, 122 Northern Avenue, Gardiner, Maine 04345
DEADLINE FOR WRITTEN COMMENTS: March 13, 2000
AGENCY CONTACT PERSON:
NAME: Dianne E. Sawyer, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8617


AGENCY: 05-071 - State Board of Education, State of Maine
RULE TITLE OR SUBJECT: Ch. 61, State Board of Education Rules for School Construction Projects
PROPOSED RULE NUMBER: 2000-P34
CONCISE SUMMARY: The proposed amendments to State Board of Education Rule 61, 05-071 CMR 61, incorporate changes to the evaluation process of school construction projects seeking state subsidies under 20-A MRSA 15901, et seq. These changes were approved by the State Board of Education on Wednesday, January 15, 1997. Among other things, the amendments eliminate community use and extra points for secondary school overcrowding, and establish a single ranking system for all school construction projects.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 15905(4)
PUBLIC HEARING: Monday, February 28, 2000, 9:00 a.m. Maine Department of Education Building, Commissioner's Conference Room, 1st Floor, Capitol Complex, Augusta, Maine
DEADLINE FOR COMMENTS: March 9, 2000
AGENCY CONTACT PERSON; Judith Malcolm
AGENCY NAME. Maine Department of Education
ADDRESS: 23 State House Station
TELEPHONE: (207) 287-5800


ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 315, Family Development Account Program (Amendment 1)
ADOPTED RULE NUMBER: 2000-54
CONCISE SUMMARY: This rule amendment is necessary to add provisions to incorporate changes to issue tax credit certificates, as allowed by L.D. 1999, ch. 475, "An Act to Encourage Contributions to Family Development Account Reserve Funds". The amendment also makes several changes recommended by the Advisory Committee on Family Development Accounts for administrative efficiency of accounts.
EFFECTIVE DATE: February 1, 2000
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 TDD)


AGENCY: 02-029 - Department of Professional and Financial Regulation, Bureau of Banking, Securities Division
CHAPTER NUMBER AND TITLE: Ch. 515, Investment Adviser Licensing
ADOPTED RULE NUMBER: 2000-55
CONCISE SUMMARY: The amendment of Chapter 515, Section 10, changes the investment adviser examination requirements to conform to the most recent proposed North American Securities Administrators Association (NASAA) model investment adviser examination rule. The rule, as amended, requires that investment advisers and investment adviser representatives either pass the now NASAA Series 65 examination or pass both the General Securities Representative Examination (Series 7 examination) and the Uniform Combined State Law Examination (Series 66 examination). The amendment contains a grandfathering provision. Individuals who are already registered as investment advisers or qualified as investment adviser representatives on the effective date of the amendment will not be required to satisfy the new examination requirements for continued registration/qualification, except that individuals who have been found to have violated state or federal securities law may be required to do so. The amendment also contains a waiver provision for certain designated professionals.
EFFECTIVE DATE: February 2, 2000
AGENCY CONTACT PERSON: Christine A. Bruenn, Securities Administrator
AGENCY NAME: Securities Division, Bureau of Banking
ADDRESS: 121 State House Station, Augusta, Maine 04333-0121
TELEPHONE: (207) 624-8551


AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 125, Health Care Information that Directly Identifies an Individual
ADOPTED RULE NUMBER: 2000-56
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 1999, Chapter 512 - An Act to Provide Confidentiality of Health Care Information.
EFFECTIVE DATE: February 5, 2000
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: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #02-00
ADOPTED RULE NUMBER: 2000-57
CONCISE SUMMARY: Minimum February, 2000 producer Class I set at $13.96. Class III minimums set at $9.69. These changes were passed on in minimum prices.
EFFECTIVE DATE: February 1, 2000
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building- Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 519, Interim Effluent Limitations and Controls for the Discharge of Mercury
ADOPTED RULE NUMBER: 2000-58
CONCISE SUMMARY: This rule establishes controls on the discharge of mercury to the surface waters of the State through interim effluent limits and implementation of pollution prevention plans. It sets testing requirements for certain licensees and procedures the Department will use to evaluate test results in order to calculate interim effluent limits. The rule also contains requirements for continued testing necessary to determine compliance with effluent limits. The rule will expire on October 1, 2001.
EFFECTIVE DATE: February 5, 2000
AGENCY CONTACT PERSON: Dennis Merrill
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7788
E-MAIL: dennis.1.merrill@maine.gov


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 570, Combined Sewer Overflow Abatement
ADOPTED RULE NUMBER: 2000-59
CONCISE SUMMARY: This rule permits implementation of an existing law that will enable communities with combined sewer overflows (CSOs) to request, from the Board of Environmental Protection, temporary CSO subcategories. These subcategories will allow for temporary suspension of designated uses (swimming, shellfishing, etc.) during and after CSO sewage discharges while the communities are implementing their long-term abatement programs to solve their CSO problems.
EFFECTIVE DATE: February 5, 2000
AGENCY CONTACT PERSON: Stephen McLaughlin
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-7768


AGENCY: 10-149 - Department of Human Services, Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder and Adult Services Policy Manual
ADOPTED RULE NUMBER: 2000-60
CONCISE SUMMARY: These emergency rules implement changes to the consumer co-payment provisions in: Sections 61 - Adult Day Services; 62 - Congregate Housing Services; 63 - In-home and Community Support Services; 68 - Respite Care for People with Alzheimer's or Related Disorders; 69 - BEAS Administered Homemaker Services; and 73 - Personal Care Assistance for Severely Disabled Adults of the BEAS Policy Manual. The changes were approved by the Joint Standing Committee on Health and Human Services on January 5, 2000 as replacements for earlier rules which were to go into effect on February 1, 2000. In Sections 61, 62, 68 and 69 the following changes apply: 1) Individuals with assets of more than $50,000 or couples with assets of more than $75,000 are not eligible for state assistance in this program; 2) Consumers are eligible to apply for a waiver of their co-pay if their income is no more than 200% of the federal poverty level; and 3) To bring the co-pay for recipients of homemaker services into line with the 20% co-pay required in Sections 61, 62 and 68, the homemaker co-pay of 10% of the cost of their services will increase to 15% on 2/1/00 and to 20% on 1/1/01. In Sections 63 and 73 the following apply: 1) Household income is the sum of the incomes of the consumer and the spouse; 2) Consumers in both programs may deduct from their household income disability related expenses and dependent allowances; 3) Four percent [4%] of net household income will be used to determine the monthly contribution from income; 4) In Section 73 the amount of protected assets remains at $30,000; in Section 63 protected assets are now $15,000; and 5) The co-pay for two persons in a household receiving services from the same program is half of their combined co-pays.
EFFECTIVE DATE : February 1, 2000
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: 11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5335
Toll free: 1 (800) 262-2232
Toll free TTY: 1 (888) 720-1925


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2000
ADOPTED RULE NUMBER: 2000-61
CONCISE SUMMARY: This rule fulfills the requirement that the Executive Director annually establish the 100% valuations per acre for each forest type by economic region for parcels classified under the Tree Growth Tax law. This rule is applicable for tax year 2000.
EFFECTIVE DATE: February 7, 2000
AGENCY CONTACT PERSON: Larry Record, Director
ADDRESS: Property Tax Division, PO Box 9106, Augusta, Maine 04332-9106
PHONE NUMBER: 287-2011


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