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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

April 19, 2000
as posted 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/.


PROPOSALS

AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
RULE TITLE OR SUBJECT: Ch. 2, Rules and Regulations for the Allagash Wilderness Waterway
PROPOSED RULE NUMBER: 2000-P68
CONCISE SUMMARY: The rules for the Allagash Wilderness Waterway are being amended to:
- rephrase certain rules to increase clarity and eliminate redundancy;
- reorganize rules to provide a more logical grouping by subject;
- change bureau name to that resulting from consolidation in 1995;
- incorporate changes and additions pursuant to the policies of the Allagash Wilderness Waterway Management Plan, adopted in January 1999.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Section 1883
PUBLIC HEARINGS:
May 8, 6-8 p.m., Pine Tree State Arboretum, Hospital Street, Augusta, Maine
May 10, 6-8 p.m., Allagash Room, University of Maine, Presque Isle
DEADLINE FOR COMMENTS: May 22, 2000
AGENCY CONTACT PERSON: Herb Hartman AGENCY NAME: Bureau of Parks and Lands
ADDRESS: State House Station 22, Augusta, ME. 04333
TELEPHONE: 287-4961


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 2, Section 213 Compensation for Partial Incapacity; Section 2(3) Extension of 260-week limitation
PROPOSED RULE NUMBER: 2000-P72
CONCISE SUMMARY: The rule provides a 52-week extension for partial incapacity benefits pursuant to 39-A MRSA 213(4).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A MRSA 152(2) & 213(4)
PUBLIC HEARING: Tuesday, May 9, 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: Friday, May 19, 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: 29-250 - Department of Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 10, Rules Implementing the Federal Driver's Privacy
Protection Act
PROPOSED RULE NUMBER: 2000-P73
CONCISE SUMMARY: This amendment make technical changes to comply with recent amendments to the Federal Driver's Privacy Protection Act concerning the disclosure of information from motor vehicle records.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA 153
PUBLIC HEARING: May 8, 2000, Executive Conference Room, 2nd Floor, BMV Building, 101 Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: May 18, 2000
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr.
AGENCY NAME: Department of the Secretary of State, Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, Maine 04333
TELEPHONE: 624-9092


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 65, Mental Health Services
PROPOSED RULE NUMBER: 2000-P74
CONCISE SUMMARY: This proposed policy will require eligible providers of mental health services to hold a valid contract or letter of approval with the Department of Mental Health, Mental Retardation, and Substance Abuse Services (DMHMRSAS) in order to be reimbursed by Medicaid for the delivery of covered services as reflected under Section 65. DMHMRSAS will contract with any licensed agency willing to contract and able to meet standard DMHMRSAS; contract requirements for mental health services. Children's Assertive Community Treatment (ACT) Service will be added as a covered service. Security checks for independent behavioral health specialists will be required and family members will not be eligible for reimbursement as behavioral specialists. In addition, criteria for Behavioral Specialist Is under Section 65-08-3, Professional and Qualified Staff in Children's Behavioral Health Services, has been modified to allow Behavioral Specialist Is conditional and provisional approval to deliver behavioral health services. Chapter III reflects associated rate changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING May 10, 2000 at 1:00 p.m., Augusta Civic Center, Sagadahoc Rm., Community Drive, Augusta, Maine 04333. Persons wishing to attend who require special accommodations are requested to contact the Bureau of Medical Services at (207) 624-5521 by May 3, 2000 in order for special arrangements to be made.
DEADLINE FOR COMMENTS: May 22, 2000
AGENCY CONTACT PERSON: Julia White, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5517 or 1-800-321-5557
TTY: 207-287-1828 (Deaf/Hard of Hearing) or 1-800-423-4331(Deaf/Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 13, Watercraft (Motor Size Regulations on Certain Inland Waters)
PROPOSED RULE NUMBER: 2000-P75
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to schedule a public hearing to consider the following watercraft regulations:
WALKER POND, Sedgwick and Brooksville, Hancock County: Motorboats over 10 horsepower prohibited.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Section 7792
PUBLIC HEARING: May 9, 2000; Sedgwick Town Office, Route 172, Sedgwick, ME - 6:30 p.m.
DEADLINE FOR COMMENTS: May 19, 2000
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting & Trapping (4.03 - Deer Hunting Season)
PROPOSED RULE NUMBER: 2000-P76
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes amendments to the areas open to archery hunting during the Expanded Archery Deer Hunting Season (September 9 through December 9). THE DETAILED DESCRIPTION OF AMENDMENTS TO THE AREAS OPEN IS AVAILABLE FROM THE AGENCY CONTACT PERSON LISTED BELOW.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Sections 7035, 7102-B
PUBLIC HEARINGS: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: May 19, 2000
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


ADOPTIONS

AGENCY: 26-239 - Department of the Attorney General
CHAPTER NUMBER AND TITLE: Ch. 106, Rules for the Maine Lemon Law Arbitration Program
ADOPTED RULE NUMBER: 2000-120
CONCISE SUMMARY: This amendment to the Maine Lemon Arbitration Law will improve administration of the Arbitration Program and adopts a recent legislative change. Among the amendments are the adjustment of the deadline by which an arbitrator must render a decision, exclusion of excise taxes from a Lemon Arbitration award, changes in the manufacturer's disclosure statements, and adoption of the recent legislative change in the application deadline for arbitration.
EFFECTIVE DATE: April 5, 2000
AGENCY CONTACT PERSON:
Julie Shanahan, Lemon Law Arbitration Program
ADDRESS: Dept. of the Attorney General,
6 State House Station, Augusta, ME 04333
TELEPHONE: (207) 626-8853


AGENCY: 05-071 - Department of Education/State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 61, State Board of Education Rules for School Construction
ADOPTED RULE NUMBER: 2000-121
CONCISE SUMMARY: The rule amends the evaluation process and criteria for rating school construction projects subsidized by the Department of Education as approved by the State Board of Education. The rule amends chapter 61 and will be used by the State Board of Education to prioritize school construction projects seeking state subsidy under 20-A MRSA 15905(4)
EFFECTIVE DATE: April 4, 2000
AGENCY CONTACT PERSON: Judith Malcolm
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 287-5903
TDD NUMBER: 707-287-2550


AGENCY: 02-416 - Department of Professional & Financial Regulation, Office of Licensing & Registration, Board of Social Worker Licensure
CHAPTER NUMBER AND TITLE: Ch. 4, Standards of Practice
ADOPTED RULE NUMBER: 2000-133
CONCISE SUMMARY: This Chapter sets forth the standards of social work practice in Maine as determined by the Board of Social Worker Licensure. It is being amended to:
* Bring the reference to the Code of Ethics of the National Association of Social Workers into compliance with 1999 Public Law Ch. 261, "An Act to Amend the Administrative Procedure Act";
* Allow for the "prior-approval" of courses to be taken for continuing education credit;
* Eliminate the distinction between "Category 1".(Formal) and "Category 2" (Informal) Education, in order to redirect focus toward content of subject-area;
* Allow for submission of continuing education documentation up to 60 days prior to the renewal date of the license.
* Pro-rate the number of continuing education contact hours required for renewal, for persons whose expiring licenses have been in effect for fewer than two years.
EFFECTIVE DATE: April 9, 2000
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Administrator, Dept. of Professional & Financial Regulation
ADDRESS: Office of Licensing & Registration, SHS #35, Augusta, ME 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 140, Part 70 Air Emission License Regulations (Amendments)
PROPOSED RULE NUMBER: 2000-134
CONCISE SUMMARY: On March 16, 2000, the Board of Environmental Protection amended Chapter 140 to incorporate by reference the most recent amendments to the federal Title IV Acid Rain Program. In addition, the proposal also amends several licensing procedures, recordkeeping and reporting requirements, and exempt activities in response to federal prerequisites for program approval.
EFFECTIVE DATE: April 12, 2000
AGENCY CONTACT PERSON:
NAME: Jeff Crawford
ADDRESS: Bureau of Air Quality Control, Department of Environmental Protection, State House Station 17, Augusta, ME 04333
PHONE: 207-287-2437


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 105, Speech & Hearing Agencies
ADOPTED RULE NUMBER: 2000-135
CONCISE SUMMARY: This final rule updates Chapters II & III, Section 105, of the Maine Medical Assistance Manual. The update adds definitions for augmentative communication services and qualified staff to include speech-language pathology assistants, increases the reimbursement rate for services by 18%, and makes related minor editing changes.
EFFECTIVE DATE: April 12, 2000
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
DEAF/HARD OF HEARING: 207-287-1828


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 65, Mental Health Services
ADOPTED RULE NUMBER: 2000-136
CONCISE SUMMARY: This emergency rule reflects modified educational and certification criteria for providers of Behavioral Specialist I services in order to meet, as quickly as possible, consumer demand for medically necessary behavioral health services by Medicaid eligible recipients. Providers and the public will have the opportunity to comment on these changes though concurrent proposed rule making.
EFFECTIVE DATE: April 19, 2000
AGENCY CONTACT PERSON: Julia White, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5517 or 1-800-321-5557, option 1
TTY: 207-287-1828 or 1-800-423-4331


AGENCY: 16-222 - Bureau of Maine State Police

CHAPTER NUMBER AND TITLE: Ch. 4, Motor Carrier Safety Rules
ADOPTED RULE NUMBER: 2000-137
CONCISE SUMMARY: These rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the safe operations of motor carriers as found in 49 Code of Federal Regulations Parts 40, 381; 390, 391, 392, 393, 395, 396, and Appendices B and G as referenced in the aforementioned parts.

CHAPTER NUMBER A ND TITLE: Ch. 6, Transportation of Hazardous Materials
ADOPTED RULE NUMBER: 2000-138
CONCISE SUMMARY: These rules prescribe the requirements of the Department of Public Safety governing the transportation of hazardous materials in commerce as found in 49 Code of Federal Regulations Parts 107, 171, 172, 171, 174, 177, 178, 179, 180, 387, and 397.

EFFECTIVE DATE: April 17, 2000
AGENCY CONTACT PERSON: Lt. Bruce Dow
AGENCY NAME: Maine State Police
ADDRESS:. # 20 State House Station, Augusta, Me 04333
TELEPHONE: 207-624-8939


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