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April 1, 1998
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: 90-564 - Fund Insurance Review Board
RULE TITLE OR SUBJECT: Ch. (New), Assessment of Inability to Pay Deductible for a Personal Residence under Ground Water Oil Clean-Up Fund
PROPOSED RULE NUMBER: 98-P58
CONCISE SUMMARY: This chapter explains the factors, guidelines, and documents that will be used to determine whether an applicant for coverage to the Ground Water Oil Clean-Up Fund for a personal residence is unable to pay the deductible and therefore whether the assignment of the deductible should be waived.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES OR COUNTIES.
STATUTORY AUTHORITY: 38 M.R.S.A. 568-A(3)
DATE AND PLACE OF HEARING: Not applicable
DEADLINE FOR COMMENTS: May 4, 1998
AGENCY CONTACT PERSON: Vickie L. Frost Reynolds, Fund Insurance Review Board, c/o Finance Authority of Maine, 83 Western Avenue, P.O. 949, Augusta, Maine 04332
TELEPHONE: 207-623-3263


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 2 213, Compensation for Partial Incapacity, Section 3 Collection of Permanent Impairment Data, and Section 4 Reimbursement from the Rehabilitation Fund
PROPOSED RULE NUMBER: 98-P59
CONCISE SUMMARY: This rule requires the submission of permanent impairment ratings in accordance with 39-A M.R.S.A. 213. It also describes the manner in which such ratings are to be submitted and sets forth a procedure under which employers and insurers may seek reimbursement from the Employment Rehabilitation Fund pursuant to 39-A M.R.S.A. 213(3).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2) & 213
PUBLIC HEARING: Thursday, April 23, 1998, 1:00 p.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, May 4, 1998, 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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Sample Special Needs Trust
PROPOSED RULE NUMBER: 98-P62
CONCISE SUMMARY: This rule provides a Special Needs Trust document that is accepted by Maine Medicaid eligibility as meeting the provisions of Title 42 U.S.C. 1396(p)(d)(4)(A) of the Social Security Act.
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: May 1, 1998.
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


ADOPTIONS

AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 270, Maine Apiary Rules
ADOPTED RULE NUMBER: 98-153
CONCISE SUMMARY: This rule amends the fee schedule for the licensing and registration of honey bee colonies in Maine. The rule amendment also incorporates changes made to the apiary law which were enacted by LD 265.
EFFECTIVE DATE: April 1, 1998
AGENCY CONTACT PERSON:
NAME: Anthony M. Jadczak, State Apiarist
ADDRESS: Maine Department of Agriculture and Rural Resources, Division of Plant Industry, 28 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 287-3891


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 128, Rules and Regulations Governing the Functioning of the Maine Registry of Certified Nursing Assistants
ADOPTED RULE NUMBER: 98-154
CONCISE SUMMARY: The existing rules were originally promulgated in 1993. These final regulations include the following changes:
1. Clarify existing Certified Nursing Assistant rules in Section A.1. Statutory Basis;
2. Deletion of Section B.1.c.;
3. Language change in Section B.5.;
4. Deletion of last sentence in Section B.6. and Section B.7.;
5. Add "any convictions" under Section D.1.b.;
6. Language changes for clarification in Section D.1.c., Section D.3., Section D.4., Section E.1., Section E.1.b.1., Section E.1.b.3., Section E.1.d, Section E.1.f., Section E.2.a.1.(a), Section E.2.2., Section E.2.2.b.;
7. Deletion of the last sentence in Section E.7., encompassing statutory changes to include all criminal convictions with the exception of Class D and E crimes over ten (10) years old. In addition, the changes specify the requirement for remaining on the Maine Registry of Certified Nursing Assistants;
8. Add Section E.6. to include Federal requirements to allow petition of removal of a singular occurrence of neglect from the Certified Nursing Assistant Registry cited in 42 CFR 1395i-3(g)(1).
9. Add new Section E.7.B., Removal of Class D and Class E. Convictions After Ten (10) Years.
EFFECTIVE DATE: May 1, 1998
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443


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