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March 31, 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 Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF): Updating the Federal Poverty Level Income Guidelines
PROPOSED RULE NUMBER: 99-P56
CONCISE SUMMARY: The policy updates the Federal Poverty Level income guidelines contained in the TANF policy manual.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 30, 1999
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: 287-5089


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 99-P57
CONCISE SUMMARY: Restores language which will allow the proration of income and expenses of ineligible aliens. Current policy was adopted which removed the allowance to prorate. The proration will also be allowed in cases which have mixed funding of both Federal and State funds.
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: April 29, 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: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 111, Petroleum Liquid Storage Vapor Control
PROPOSED RULE NUMBER: 99-P58
CONCISE SUMMARY: The Department has proposed to require petroleum storage vessels to be inspected every ten years with a routine visual inspection conducted monthly. Complete tank inspections are required at least every ten years and when the tank is degassed. VOC emissions emitted from this activity contribute to the formation of ground-level ozone. At its meeting on March 10, 1999, the Board of Environmental Protection voted to amend this draft rule to prohibit complete tank inspections between June 1 and August 31 of each calendar year when elevated ozone levels can be expected. Because this amendment is a significant change, the rule is noticed for a 30-day public comment period. Copies of this rule 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: No public hearing will be held, but the Department requests your comments.
DEADLINE FOR COMMENTS: April 30,1999 5:00 p.m.
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME- Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-2437


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance

RULE TITLE OR SUBJECT: Amendments to Ch. 240, Maine Life Insurance Solicitation and Cost Disclosure
PROPOSED RULE NUMBER: 99-P59
CONCISE SUMMARY: These amendments will require insurers to deliver to purchasers of life insurance, information which will improve the buyer's ability to select the most appropriate plan of life insurance for his or her needs, improve the buyer's understanding of the basic features of the policy which has been purchased or which is under consideration and improve the ability of the buyer to evaluate the relative costs of similar plans of life insurance.

RULE TITLE OR SUBJECT: Ch. 910, "Life Insurance Illustrations"
PROPOSED RULE NUMBER: 99-P60
CONCISE SUMMARY: This proposed rule is to provide rules for life insurance policy illustrations that will protect consumers and foster consumer education. It provides illustration formats, prescribes standards to be followed when illustrations are used, and specifies the disclosures that are required in connection with illustrations.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A M.R.S.A. 212, 2151-6, and 2152-A.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 3, 1999, 5:00 p.m.
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423


ADOPTIONS

AGENCY: 01-015, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #99-04
ADOPTED RULE NUMBER: 99-126
CONCISE SUMMARY: Minimum April, 1999 producer Class I set at $13.51 and a $3.43 Northeast Interstate Dairy Compact over order price. April, 1999 Class II goes to $10.57 and Class III minimums set at $10.29. These changes were passed on in minimum prices.
EFFECTIVE DATE: April 1, 1999
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Coverage of Inmates of a Jail or Prison.
ADOPTED RULE NUMBER: 99-126
CONCISE SUMMARY: Due to a change in policy by the HCFA, Medicaid will cover services provided to an inmate of a jail or prison while s/he is admitted as an inpatient to a medical institution if the individual is otherwise eligible for Medicaid.
EFFECTIVE DATE: March 23, 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)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual, Ch. II & III, Section 15, Chiropractic Services.
ADOPTED RULE NUMBER: 99-128
CONCISE SUMMARY: This final rule clarifies the limitations that apply to the maximum number of visits allowed under acute and chronic conditions for chiropractic services; clarifies the limitations on the number of x rays allowed per calendar year; enables reimbursement for interpreter services for deaf/hard of hearing clients; deletes the reference to catastrophic illness recipients; and makes related minor editing changes.
EFFECTIVE DATE: April 15, 1999
AGENCY CONTACT PERSON:, Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 11 SHS, 35 Anthony Avenue, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514
207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 701, Rules Governing Animal Welfare
ADOPTED RULE NUMBER: 99-129
CONCISE SUMMARY: The Department of Agriculture, Food & Rural Resources is charged with the oversight of the animal welfare program. The rule outlines guidelines for pet shops, animal shelters, kennels and boarding kennels, and outside facilities for dog houses, and standards for the care of equine. In addition, the animal welfare rule outlines provisions for calf and pig scrambles.
EFFECTIVE DATE: March 28, 1999
AGENCY CONTACT PERSON: Shelley Falk, Director
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 29 State House Station, Augusta, Maine 04333
TELEPHONE: 207-287-7610


AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, subsection 9.15J, Policy and Procedures Manual, Drug and Alcohol Testing of Juvenile Clients
ADOPTED RULE NUMBER: 99-130
CONCISE SUMMARY: This rule provides a Policy and Procedures that will enable the DOC - Juvenile Services to use the latest technology that has been developed in the field of drug and alcohol testing.
EFFECTIVE DATE: March 28, 1999
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207)287-4342


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 32.11 (Emergency), Elver Fishing in Camden Harbor
ADOPTED RULE NUMBER: 99-131
CONCISE SUMMARY: This emergency regulation makes elver fishing illegal upstream of a line drawn from the northern end of the granite pier of the Camden Town Landing across the Megunticook River to the south end of the granite wall on the north side of the Megunticook River. This emergency rule is designed to protect the elver resource in Camden Harbor. This action is taken based on the concentration of elver harvesters in that area and the unique configuration of the Megunticook River flowing into Camden Harbor. This emergency rule will be in effect March, 24 1999 for a period of 90 days or until it is promulgated through regular rulemaking.
EFFECTIVE DATE: Wednesday, March 24, 1999
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 99-132
CONCISE SUMMARY: In order to have uniform areas of the State which are subject to both work registrations and the three month time limited eligibility rules, the list of exempted areas for work registration has been expanded to include areas waived by the federal government for time limited eligibility. One county, Waldo, is no longer exempt from work registration or waived for the three month time limits.
EFFECTIVE DATE: April 1, 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)


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