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February 16, 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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #00-04
PROPOSED RULE NUMBER: 2000-P35
CONCISE SUMMARY: The establishment of minimum and wholesale prices for 114 ounce and 57 ounce containers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 9:00 a.m., Thursday, March 9, 2000, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 319, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
Prefile: March 9, 2000
Closing Comments: 5:00 p.m., March 20, 2000
NAME: Stanley Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station 28, Augusta Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 14-472 - Department of Mental Health, Mental Retardation, and Substance Abuse Services, Bureau of Children with Special Needs
RULE TITLE OR SUBJECT: Ch. 1, Rights of Recipients of Mental Health Services Who Are Children In Need of Treatment: Part A, Section VII, Right to Due Process with Regard to Grievances; and Part A, Section IX, Confidentiality of and Access to Mental Health Records.
PROPOSED RULE NUMBER: 2000-P36
CONCISE SUMMARY: This change is being proposed as required by 34-B MRSA 15002(4). It streamlines and simplifies the grievance and appeal process and, in some instances it may shorten the time limits by which appeal decisions must be made. It also adds mediation as a resolution option and gives persons bringing a grievance the choice of either an administrative hearing or mediation as a means to resolve the grievance. It further clarifies that recipients' rights to confidentiality of records under federal and state law are not affected by these regulations.
TIRS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-B MRSA 3003, 15002(4), and 15002(7)
PUBLIC HEARING: March 7, 2000, 1:00 p.m., Department of Transportation Conference Room, Child Street (off Capitol Street, opposite Capitol Park), Augusta, Maine
DEADLINE FOR COMMENTS: March 17, 2000
AGENCY CONTACT PERSON: Lisa Burgess, Director of Children's Services
AGENCY NAME: Department of Mental Health, Mental Retardation, and Substance Abuse Services
ADDRESS: 40 State House Station, Augusta, ME 04333-0040
TELEPHONE: (207) 287-4251
TTY: (207) 287-2000


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 2000-P37
CONCISE SUMMARY: Under current Food Stamp policy, some ABAWDS (Able Bodied Adults Without Dependents) are required to follow ABAWD work requirements if there is a child under the age of eighteen (18) in the household, as long as there is another exempt adult who accepts responsibility for the child. This policy would exempt all adults in the household if there is a child under age eighteen (18) present. ABAWDS can only receive Food Stamps for three (3) months in a thirty six (36) month period unless otherwise exempt. This policy clarifies that the three (3) months do not include a prorated month. This policy clarifies that annual income from annuities and lottery payments are to be averaged over a twelve (12) month period.
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: March 17, 2000
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: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 228, Rules Relating to Fluoridation of Public Water Systems
PROPOSED RULE NUMBER: 2000-P38
CONCISE SUMMARY The changes to the Rules Relating to Fluoridation of Public Water Systems involve updating the entire rule format, including those requirements pertaining to the operation of such systems, monitoring, reporting, and to allow for new technologies to be incorporated easily.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 2611 and 2659
PUBLIC HEARING: March 2, 2000: 9:00 a.m. to 12:00 p.m. at the Bureau of Health- 151 Capitol St.
DEADLINE FOR COMMENTS: March 16, 2000
AGENCY CONTACT PERSON: Ebrahim Habib
AGENCY NAME: Drinking Water Program
ADDRESS: 10 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-2070 / 207-287-6471


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 305, Permit by Rule Standards
ADOPTED RULE NUMBER: 2000-65
CONCISE SUMMARY: Amendments to Section 10, Stream Crossings, of Chapter 305 Permit by Rule Standards were adopted by the Board of Environmental Protection on January 20, 2000. The major changes are as follows: 1. projects consisting of multiple crossings will be allowed to again proceed under the PBR process; 2. all crossings within one town may be submitted on one Notification Form; 3. review and approval of the timing of a crossing's construction will be the department's responsibility. (Previously, applicants had to receive timing approval directly from other state resource agencies, namely the Atlantic Salmon Commission, Dept. of Inland Fisheries & Wildlife and Dept. of Marine Resources); 4. the waiver of the 14 day waiting period for crossings associated with forest management and those constructed by certified contractors was eliminated in order to accommodate the time needed for the department to review and approve the crossing's timing; and 5. language allowing recreational trails with multiple crossings was eliminated since all projects with multiple crossings are now allowed.
EFFECTIVE DATE: February 14, 2000
AGENCY CONTACT PERSON: Michael K. Mullen
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-4728


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Removal of the Requirement for Native Americans to Pay a Monthly Cub Care Premium
ADOPTED RULE NUMBER: 2000-66
CONCISE SUMMARY: This rule removes the requirement for Native Americans to pay a premium for Cub Care.
EFFECTIVE DATE: February 11, 2000
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)


AGENCY: 06-096 - Board of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 1000, Amendments to State of Maine Guidelines for Municipal Shoreland Zoning Ordinances.
ADOPTED RULE NUMBER: 2000-67
CONCISE SUMMARY: This rule amends the timber harvesting standards pursuant to shoreland zoning for areas within 75 feet of great ponds zoned for resource protection. The rule allows a municipality to permit limited harvesting within that 75-foot strip under under certain conditions. Previously, no timber harvesting was permitted within 75 feet feet of a great pond zoned for resource protection. This rule also increases the maximum penalty for violations that take place in a resource protection district to $5000.
EFFECTIVE DATE: February 13, 2000
AGENCY CONTACT PERSON: Richard P. Baker
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7730


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices Order - Order #00-1A
ADOPTED RULE NUMBER: 2000-68
CONCISE SUMMARY: The Maine Milk Commission establishes on an emergency basis minimum wholesale and retail prices for milk sold in 114 fluid ounce and 57 fluid ounce plastic containers.
EFFECTIVE DATE: February 8, 2000
AGENCY CONTACT PMSON: Stanley Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: Deering Building- Station #28, Augusta, Maine 04333
TELEPHONE: 207/287-3741


AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 120, Release of Information to the Public
ADOPTED RULE NUMBER: 2000-69
CONCISE SUMMARY: This Chapter provides for the manner and extent to which information submitted to or assembled by the MHDO is made accessible to the public. The purpose of amending this Chapter is to bring the language of the rule into conformity with PL 1999, Chapter 353, to clarify the definitions as to what constitutes confidential information, and to provide for the opportunity for individual health care facilities and/or practitioners to review and comment on that portion of any report that results from the release of data by the MHDO, and relates respectively to that facility or practitioner.
EFFECTIVE DATE: February 13, 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: 10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 263, Maine Comprehensive and Limited Environmental Laboratory. Certification Rules (Amendments)
ADOPTED RULE NUMBER: 2000-70
CONCISE SUMMARY: These amendments to the existing rule:
Add certification for radon in water.
Change the inspection frequecy from one to two years.
Incorporate legislated limits on samples licensed waste treatment facilities may test without being certified into the rule.
Revise the proficiency testing (performance evaluation) requirements.
Recognize laboratories accredited by the national environmental laboratory accreditation program (nelap).
Move the appointing authority for the certification officer from the state lab director to the bureau of health director.
Adjust the fee schedule to reflect program changes
Require laboratories to designate an internal quality assurance officer
EFFECTIVE DATE: March 1, 2000
AGENCY CONTACT PERSON: Michael C. Sodano
AGENCY NAME: Health & Environmental Testing Laboratory
ADDRESS: 221 State Street, #12, Augusta 04333
TELEPHONE: 287-1929
TTY#: 207-897-4479


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 805, Composite Filing
ADOPTED RULE NUMBER: 2000-71
CONCISE SUMMARY: Rule 805 establishes procedures for filing of composite returns of income by partnerships and S corporations on behalf of their partners or shareholders.
EFFECTIVE DATE: February 14, 2000
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
PHONE: (207) 624-9681


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