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February 17, 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

AGENCY: 10-144 - Department of Human Services, Bureau of Health
RULE TITLE OR SUBJECT: Ch. 287, Family Planning
PROPOSED RULE NUMBER: 99-P14
CONCISE SUMMARY: All funding provided through state contract for family planning must comply with existing Title X rules and regulations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 22 MRSA Chapter 287
PUBLIC HEARING: Jewett Hall Auditorium, March 4, 1999, 8:30 a.m., University of Maine at Augusta
DEADLINE FOR COMMENTS. March 14, 1999
AGENCY CONTACT PERSON: Shannon King
AGENCY NAME: Department of Human Services, Bureau of Health
ADDRESS: 11 State House Station, Augusta ME 04333-0011
TELEPHONE: (207) 287-5364
TTY: (207) 287-8015


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - SSA/Railroad Retirement COLA Disregards
PROPOSED RULE NUMBER: 99-P22
CONCISE SUMMARY: This rule provides for a disregard of income for elderly and disabled individuals who are eligible for and receiving Medicaid when annual adjustments for Federal Poverty Level (FPL) and Social Security I Railroad Retirement COLAs result in ineligibility for Medicaid.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: March 19, 1999
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 09-289 - Maine Atlantic Salmon Authority
RULE TITLE OR SUBJECT: Ch. 1, Rules of the Atlantic Salmon Authority
PROPOSED RULE NUMBER: 99-P23
CONCISE SUMMARY: The Atlantic Salmon Authority proposes to amend the statewide Atlantic salmon fishing regulations as follows: The following eleven (11) rivers and streams are CLOSED TO ANGLING FOR ATLANTIC SALMON AT ALL TIMES:
Dennys River and tributaries, upstream of the US Route 1 bridge in Dennysville;
East Machias River and tributaries, upstream of its confluence with the Machias River in East Machias;
Machias River and tributaries, upstream of its confluence with the East Machias River in East Machias;
Pleasant River and tributaries, upstream of the Water Street bridge in Addison;
Narraguagus River and tributaries, upstream of the US Route 1A bridge in Milbridge;
Ducktrap River and tributaries, upstream of the two red posts set on the shores, approximately 1000 feet downstream of the US Route 1 bridge in Lincolnville;
Sheepscot River and tributaries, upstream of the US Route 1 bridge in Wiscasset/Edgecomb;
Kenduskeag Stream and tributaries, upstream of the Maine Central Railroad Bridge in Bangor;
Cove Brook and tributaries, upstream of the US Route 1A bridge in Winterport;
Togus Stream and tributaries, upstream of the US Route 9 bridge in Randolph; and
Bond Brook and tributaries, upstream of the two red posts at the confluence of Bond Brook and the Kennebec River in Augusta.
NOTE: All other Maine river and streams will remain open to Atlantic salmon angling (catch and release) from 4/1 to 6/30 and 9/1 to 10/15 annually.
STATUTORY AUTHORITY: 12 MRSA 9902
PUBLIC HEARINGS:
March 8, 1999 - 7:00 p.m., Univ. of Maine at Machias, Science 102.
March 9,1999 - 7:00 p.m., IF&W Regional Headquarters, Lyons Rd., Sidney
DEADLINE FOR COMMENTS: March 19, 1999
AGENCY CONTACT PERSON: Ed Baum, Atlantic Salmon Authority, 650 State Street, Bangor, ME 04401-5654
TELEPHONE: (207) 941-4449
FAX: 941-4443


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.85(l)(B), Lobster Trap (Circular) Escape Vent Dimensions
PROPOSED RULE NUMBER: 99-P24
CONCISE SUMMARY: This proposed measure would provide regulatory consistency with the Atlantic States Marine Fisheries Commission, Amendment #3 Interstate Fishery Management Plan for Lobster, approved December 16, 1997. The proposed regulation would increase the circular escape vent to a minimum size of 2 7/16" in diameter.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: March 19, 1999
AGENCY CONTACT PERSON: Laurice Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, McKown Point Road, West Boothbay Harbor, Maine 04574-0008
TELEPHONE: (207) 633-9584


AGENCY: 14-118 - Department of Mental Health, Mental Retardation, and Substance Abuse Services, Office of Substance Abuse, Driver Education and Evaluation Programs
RULE TITLE OR SUBJECT: Ch. 2, Driver Education and Evaluation Programs Procedure Manual
PROPOSED RULE NUMBER: 99-P25
CONCISE SUMMARY: The proposed revisions: 1) bring the Driver Education and Evaluation Programs Procedure Manual into compliance with current statute and program practices; 2) eliminate DEEP timelines; 3) require community-based service providers-private providers to a) document core subject training for recertification; b) assure access to services by people with disabilities; c) provide documentation of a comprehensive insurance program; and d) develop policy for referral of high risk clients for screening and referral for infectious diseases; 4) require membership of a licensed substance abuse counselor in peer supervision groups; 5) require all community-based service providers who provide DEEP evaluation and /or treatment services to attend DEEP specific training on a yearly basis; and 6) clarifies that active military personnel may complete DEEP by participating in military programs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 5 MRSA c. 521 20005, 20024, 20075
PUBLIC HEARING: March 12,1999 - 9:00 a.m. - 12:00 noon, Mediation & Facilitation Resources, 11 King Street (Off Sewall St.), Augusta, ME
DEADLINE FOR COMMENTS: March 22, 1999 - 5:00 p.m.
AGENCY CONTACT PERSON: Linwood K. Oakes, Sr., Certification & Policy Specialist
AGENCY NAME: Office of Substance Abuse - DEEP
ADDRESS: Marquardt Building, AMHI Complex, 3rd Floor, 159 State House Station, Augusta, ME 04333-0159
TELEPHONE: (207) 287-2595


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 1, Payment of Benefits, Section 10, Notice of Coverage
PROPOSED RULE NUMBER: 99-P26
CONCISE SUMMARY: This rule requires insurance companies to file a Notice of Workers' Compensation Coverage with the Workers' Compensation Board within 14 days after issuance, renewal, or endorsement of any workers' compensation policy. A copy of the Notice of Workers' Compensation Coverage must be sent to the employer.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A M.R.S.A. Sections 152(2) & 403(l)
PUBLIC HEARING: Tuesday, March 9, 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: Friday, March 19, 1999, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, Assistant General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta ME 04333-0027
TELEPHONE: 207-287-7094


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 12, Formal Hearings
PROPOSED RULE NUMBER: 99-P27
CONCISE SUMMARY: These amendments provide for an expedited procedure through the formal hearing process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A M.R.S.A. Section 152(2)
PUBLIC HEARING: Monday, March 8, 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, March 18, 1999, 5:00 p.m.
AGENCY CONTACT PERSON: Julia A. Finn, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta ME 04333-0027
TELEPHONE: 207-287-7094


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 15, Penalties, Section 8, Assessment of Penalties under 39-A M.R.S.A. Sec. 359(2)
PROPOSED RULE NUMBER: 99-P28
CONCISE SUMMARY: This rule establishes a procedure for investigating complaints of, and imposing penalties for, a pattern of questionable claims-handling techniques or repeated unreasonably contested claims.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A M.R.S.A. Sections 152(2) & 359(2)
PUBLIC HEARING: Tuesday, March 9, 1999, 2:00 p.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Friday, March 19, 1999, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, Assistant General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta ME 04333-0027
TELEPHONE: 207-287-7094


ADOPTIONS

AGENCY: 04-061 - Department of Conservation, Maine Land Use Regulation Commission
CHAPTER NUMBER AND TITLE: Ch. 10, Rules on Nonconformance
ADOPTED RULE NUMBER: 99-34
CONCISE SUMMARY: These proposed amendments are an attempt to bring the Commission's standards on nonconforming situations into alignment with nonconformance standards recommended by a workgroup established by the legislature and with the Shoreland Zoning Guidelines that apply to the organized areas of the state. The most significant change is the replacement of the fixed percentage limit for expansions of nonconforming structures with a graduated approach that sets maximum floor area thresholds that vary according to the distance of the expansion from the water and whether a vegetated buffer exists or will be established. These changes provide greater equity for owners of different sized nonconforming structures, allow for much easier tracking of expansions over time, and offer significant incentives for moving back, retaining or creating shoreland buffers, and implementing other measures that will better protect water quality.
EFFECTIVE DATE: February 5, 1999
AGENCY CONTACT PERSON: Susan C. Burns
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, State House Station #22, Augusta, Maine 04333
TELEPHONE: 207-287-4924


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 305, Licensing Requirements, Enforcement and Consumer Protection Provisions for Competitive Electric Providers
ADOPTED RULE NUMBER: 99-66
CONCISE SUMMARY: To establish licensing requirements, annual reporting and enforcement provisions and consumer protective standards relating to the competitive provision of generation services.
EFFECTIVE DATE: February 10, 1999
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 206, Prevention and Control of Certain Diseases of Domestic Animals and Poultry
ADOPTED RULE NUMBER: 99-68
CONCISE SUMMARY: The Department of Agriculture, Food & Rural Resources is charged with the oversight of importation testing requirements for all livestock. This rule outlines the protocol and procedures for these testing requirements. This rule deletes some testing requirements for diseases that either have been eradicated or reduced to a much lower level. This rule acknowledges other states' "free" status for certain diseases. It also accepts a state's free status for importation where certain residency requirements are met, eliminating the requirement for testing.
EFFECTIVE DATE: February 14, 1999
AGENCY CONTACT PERSON: Shelley Falk, Director
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 59 State House Station, Augusta, Maine 04333
TELEPHONE: 207-287-7610


AGENCY: 94-293 - Baxter State Park
CHAPTER NUMBER AND TITLE: Ch. 1, Purchase of Services and Awards
ADOPTED RULE NUMBER: 99-69
CONCISE SUMMARY: Baxter State Park Rule #31 outlines the requirements guiding the Park's purchasing and awarding of contracts.
FFFECTIVE DATE: February 15, 1999
AGENCY CONTACT PERSON: Roxanna McLean, AGENCY NAME: Baxter State Park
ADDRESS: 64 Balsam Drive, Millinocket, ME 04462
TELEPHONE: 723-9500


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