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April 28, 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: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 540, Requirements for Health Insurance Rate Filings and Data Reporting
PROPOSED RULE NUMBER: 99-P76
CONCISE SUMMARY: This proposed rule establishes procedures and guidelines for filing individual and small group health insurance rates and all health maintenance organization (HMO) rates in this state. The rule is intended to inform those filing health insurance rates of the types of data required to permit the Bureau to appropriately review the filings submitted. In addition, annual data reporting requirements set forth in Appendix A will enable the Bureau to monitor the continued viability of Maine's small group and individual health plan markets.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A M.R.S.A. §§2321, 212, 24113, 2736, 2736-C, 2808-B, and 4207.
PUBLIC HEARING: No hearing scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 1, 1999, 5:00 p.m.
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, #34 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 99-P77
CONCISE SUMMARY: Able-Bodied Adults Without Dependents (ABAWDS) may receive Food Stamps for only three months in a thirty six month period unless otherwise exempt. In order to qualify to receive more benefits by being included in a 15% exempted group relating to homelessness, education, language limitation or transportation, the individual must have already received benefits for the three countable months.
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: May 28, 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: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 237, Live or Outside Work
PROPOSED RULE-NUMBER: 98-P78
CONCISE SUMMARY: This amendment requires all applied technology centers and regions to work with representatives of business and industry to establish local policies governing live or outside work. The policy will be developed by the individual Program Advisory Committees, approved by the governing boards, submitted to MDOE and reviewed annually.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20 MRSA §2356-A
PUBLIC HEARING: May 19, 1999, 3:00-5:00 p.m., Capital Area Technical Center
DEADLINE FOR COMMENTS: May 26, 1999
AGENCY CONTACT PERSON: Yvonne Davis
AGENCY NAME: Maine Department of Education
ADDRESS: 23 State House Station, Augusta, Maine 04333-0023
TELEPHONE: 287-5854


AGENCY: 29-250, Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 159, Rules Governing the Administration of the Semipermanent Semitrailer Registration Program
PROPOSED RULE NUMBER: 99-P79
CONCISE SUMMARY: The purpose of amending this rule is to change some procedures for the continued implementation of the 25 year trailer registration program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §512
PUBLIC HEARING: At MDOT's 1st floor Main Conference Room on Capital St. in Augusta at 10:00 a.m. Thursday, May 20, 1999
DEADLINE FOR COMMENTS: May 31, 1999
AGENCY CONTACT PERSON
Maurice J. Dionne, Jr.
AGENCY NAME: Maine Bureau of Motor Vehicles
ADDRESS: Commercial Vehicle Division, 29 State House Station, Augusta, Me. 04333-0029
TELEPHONE: 207/624-9000 ext. 52127


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 311, Economic Recovery Loan Program, Amendment 1
PROPOSED RULE AMENDMENT NUMBER: 99-P80
CONCISE SUMMARY: The amendment changes several terms of this direct loan program, designed to make the program more beneficial to borrowers. The changes include fixing the interest rate; reducing the interest rate; fixing the loan term, but allowing interim payments based on longer amortization schedules; shifting some of the fees from the borrower to the earnings from the fund itself; and deleting the now obsolete loan priority provisions. The appeal provisions were also clarified to avoid successive applications based upon the same information.
THIS RULE AMENDMENT WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 M.R.S.A. § § 969-A(14), 1023-I and 1026-J.
PUBLIC HEARING: May 20, 1999 at the Augusta Civic Center, Community Drive, Augusta, Maine, beginning at 1:00 p.m.
DEADLINE FOR COMMENTS: Written comments are requested on or before May 31, 1999. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority Of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
TELEPHONES:
VOICE: (207) 623-3263
TDD: (207) 626-2715
FAX: (207) 623-0095


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 8, Endangered Species
PROPOSED RULE NUMBER: 99-P81
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has scheduled a public hearing to consider:
(1) additions to areas protected as bald eagle nest sites;
(2) deletions of previously designated Essential Habitats for bald eagles;
(3) designation of areas protected as piping plover and least tem nesting, feeding and brood-rearing areas; and
(4) designation of areas protected as roseate tern nesting areas,
in accordance with provisions of the State Endangered Species Act, Title 12, Subchapter V and Inland Fisheries and Wildlife Rules, Chapter 8.
New bald eagle nest sites are being designated in the towns of Beals, Bradley, Calais, Dexter, Dresden, Eastbrook, Flagstaff Twp., Frenchboro, Isle Au Haut, Jonesport, Lubec, Machias, Millinocket, Old Town, Orono, Pembroke, Perry, Roque Bluffs, Southport, Swanville, T7R14 WELS, T8R7 WELS, T11R3 NBPP, T11R11 WELS, T 15R5 WELS, T 16R5 WELS, T3 Indian Purchase, and Vinalhaven.
Previously designated Essential Habitats for bald eagles are being deleted in the towns of Calais, Edmunds Twp., Frenchboro, Jonesport, TAR7 WELS, T10R12 WELS, T10R13 WELS, T11R12 WELS, T11R13 WELS, and T15R5 WELS.
A piping plover and least tern nesting, feeding and brood-rearing area is being designated in the town of Cape Elizabeth. A roseate tern nesting area is being designated in the town of St. George.
Designation of mapped sites by rule would require evaluation by Inland Fisheries & Wildlife of any projects within these areas that require state or local permits, or are funded or carried out by state or local governments, to determine if the projects would significantly alter or unreasonably harm the Essential Habitat. Notification and maps of proposed areas have been sent to all known affected landowners.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A § § 7035, 7753, 7754.
PUBLIC HEARING: Thursday, May 20, 1999 at Black Bear Inn, Orono - 6:30 p.m.
DEADLINE FOR COMMENTS: May 30, 1999
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 257-5201


ADOPTIONS

AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 322, Metering, Billing, Collections, and Enrollment Interactions among Transmission Distribution Utilities and Competitive Electricity Providers.
ADOPTED RULE NUMBER: 99-172
CONCISE SUMMARY This rule will govern metering, billing and collections by transmission and distribution utilities and competitive electricity providers operating in Maine, customer enrollment for and cancellation of generation service, and the transfer of customer information among transmission and distribution utilities and competitive electricity providers.
EFFECTIVE DATE: April 21, 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: 02-280 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Accountancy
CHAPTER NUMBERS AND TITLES:
Ch. 1, Definitions
Ch. 2, General Information
Ch. 3, Examination Requirements
Ch. 4, Certification Requirements
Ch. 5, Permits to Practice, Individual
Ch. 6, Permits to Practice, Firms
Ch. 7, Complaints, Investigations and Adjudicatory Hearings
Ch. 8, Rules of Professional Conduct
Ch. 9, Fees
ADOPTED RULE NUMBERS: 99-173 through 99-181
CONCISE SUMMARY: These rule amendments will outline the definitions for the Board of Accountancy and establish guidelines relating to meetings, advisory rulings, and maintenance of records, as well as set forth the procedure by which complaints and adjudicatory hearings will be handled by the Board. The rules will set forth the eligibility requirements for Certified Public Accountant and Public Accountant examinations as well as the certification requirements and continuing professional education requirements. The rules set forth the requirements for obtaining a firm permit. The rules adopt the American Institute of Certified Public Accountants' Code of Professional Conduct as written in the rules. The rules set forth the fees to be charged by the Board.
EFFECTIVE DATE: April 25, 1999
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator, Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
PHONE NUMBER: 207/624-8605


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