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April 29, 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: 12-179, Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health

RULE TITLE OR SUBJECT: Ch. 2, Occupational Safety and Health Standards for General Employment in the Public Sector and OSHA Instructions CPL 2.106 Procedures and Scheduling for Occupational Exposure to Tuberculosis for Fixed Establishments Only.
PROPOSED RULE NUMBER: 98-P84
CONCISE SUMMARY The purpose of this Chapter is to incorporate by reference rules governing Occupational Safety and Health in general employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1910 as most recently amended as of July 1, 1997, with the exception of Section .134 (Respiratory Protection). The Board is considering adoption of the U.S. DOL OSHA requirements for respiratory protection found in Title 29 CFR Part 1910.134 issued January 8, 1998. This standard would require compliance with the nationally recognized two in two out rule for fire fighters.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA, Section 565

RULE TITLE OR SUBJECT: Ch. 3, Occupational Safety and Health Standards for Construction Employment in the Public Sector
PROPOSED RULE NUMBER: 98-P85
CONCISE SUMMARY The purpose of this Chapter is to incorporate by reference rules governing occupational Safety and Health in construction employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1926 as most recently amended as of July 1, 1997.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA, Section 565

PUBLIC HEARING: May 13, 1998, 7:00 p.m., Portland Doubletree Hotel, Gallery Room, 1230 Congress Street, Portland, ME 04101
DEADLINE FOR COMMENTS: May 27 1998
AGENCY CONTACT PERSON: Alan C. Hinsey, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station Augusta, ME 04333
TELEPHONE: (207)624-6400


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 335, Significant Wildlife Habitat
PROPOSED RULE NUMBER: 98-P86
CONCISE SUMMARY: This rule applies to activities that require permits under the Natural Resources Protection Act (38 M.R.S.A. 480-A et. seq.) and will potentially impact significant wildlife habitats. This rule establishes standards to insure that significant wildlife habitats and the subject wildlife will not be unreasonably impacted. The accompanying seabird nesting island maps were developed by MDIF&W and are proposed for adoption so that identified seabird nesting islands will be protected natural resources.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 M.R.S.A. Sections 341-D(1) and 480-I
PUBLIC HEARING: May 18, 1998, 1:00 p.m. in the York Room, Holiday Inn, Civic Center Drive, Augusta, Maine.
DEADLINE FOR COMMENTS: May 28,1998
AGENCY CONTACT PERSON: Robert Stratton, Bureau of Land and Water Quality, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2111
For a copy of the proposed rule, please call Shari Berry-Goodwin at (207) 287-3350.


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 104, Rules For the Used Car Information Act
PROPOSED RULE NUMBER: 98-P87
CONCISE SUMMARY: These rules outline the duties and responsibilities of a dealer when completing a used car buyer's guide. There was a legislative change to allow dealers to sell or transfer a vehicle with an inspection sticker issued within 60 days prior to the date of sale instead of 30 days.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 10 MRSA 1474, subsection 4-F
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 29, 1998
AGENCY CONTACT PERSON: Linda Grant
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 101 Hospital Street Augusta, Maine 04330
TELEPHONE: 287-5420


AGENCY: 02-029 and 02-030, Department of Professional & Financial Regulation, Bureau of Banking, and Office of Consumer Credit Regulation
RULE TITLE OR SUBJECT: Truth-in-Lending Regulation Z-2
Bureau of Banking, Ch. 138, Regulation 38
Office of Consumer Credit Regulation: Ch. 240
PROPOSED RULE NUMBER: 98-P88
CONCISE SUMMARY: This proposed rule is being issued jointly by the Office of Consumer Credit Regulation and the Bureau of Banking. This Regulation was originally issued by the Office of Consumer Credit Regulation in 1981 and was repromulgated in 1986, 1989, 1992, and 1997. This rule provides guidance to creditors who are subject to Maine's Truth in Lending Law (Article VIII of the Maine Consumer Credit Code) and is necessary to maintain Maine's exemption from the Federal Truth in Lending Act, which was granted pursuant to section 123 of the Act. The repromulgation makes changes which are reflective of changes in Federal Regulation Z (credit disclosures) and Federal Regulation M (consumer lease disclosures). Copies of this rule may be obtained, and electronic comments may be filed, by accessing the Bureau of Banking Internet Home Page at http://www.maine.gov/pfr/bkg/bkghome2.htm or the Office of Consumer Credit Regulation Internet Home Page at http://www.maine.gov/pfr/ccp/ccphome2.htm.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 9-A M.R.S.A. 6-104 and 8-104
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 1, 1998
AGENCY CONTACT PERSON:
Office of Consumer Credit Regulation: William N. Lund, Director, 35 State House Station, Augusta, Maine 04333-0035. (207) 624-8527
Bureau of Banking: Kristine M. Ossenfort, Staff Attorney, 36 State House Station, Augusta, Maine 04333-6036. (207) 624-8570


AGENCY: 02-465 - Department of Professional & Financial Regulation, Office of Licensing & Registration, Radiologic Technology Board of Examiners
RULE TITLE OR SUBJECT: Radiologic Technology
PROPOSED RULE NUMBER: 98-P89
CONCISE SUMMARY: Promulgation of these proposed rules would have the effect of: (1) updating terminology and requirements to correspond with current medical usage and practice, respectively, and of rearranging the structure of the rule chapters into a more straightforward format, and (2) raising all fees to the maximum level permitted by statute in order to meet anticipated costs, including those to be incurred through the acquisition and maintenance of new computer licensing software.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY. AUTHORITY: 32 MRSA, Ch. 103, 9853, sub-6, E
PUBLIC HEARING: Thursday, May 21, 1998, Department of Professional & Financial Regulation 122 Northern Ave., Gardiner, ME 04345
DEADLINE FOR WRITTEN COMMENTS: May 31, 1998
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau
ADDRESS: Office of Licensing & Registration, SHS #35, Augusta, ME 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 94-457 - Finance Authority of Maine (FAME)

RULE TITLE OR SUBJECT: Ch. 307, Maine Seed Capital Tax Credit Program PROPOSED RULE NUMBER: 98-P90
CONCISE SUMMARY: This amendment added provisions relating to investments in private venture capital funds, the eligibility of which was expanded by recent legislation. In addition, the amendment expands eligible businesses to include "high tech" type businesses, also in accordance with recent legislation
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. STATUTORY AUTHORITY: 10 M.R.S.A. 1100-T

RULE TITLE OR SUBJECT: Ch. 607, Access to Medical Education and Health Professions Loan Program
PROPOSED RULE NUMBER: 98-P91
CONCISE SUMMARY: The amendment allows the Authority to require by agreement that a contract student participate in a presentation on careers in the health profession during their education, as a condition for participating in the Medical Access Program, in an effort to encourage more young persons to aspire to careers in the health profession. The amendment also allows the addition of other terms and conditions to the agreements so long as they are deemed necessary to accomplish the goals of the program. Finally, provisions are amended to conform to recently enacted legislation adding veterinary medicine eligibility to the program for students interested in large animal medicine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A M.R.S.A. 12107, 11810

PUBLIC HEARING: May 2l, 1998, Holiday Inn, Civic Center Drive, Augusta, Maine at 1:00 p.m.
DEADLINE FOR COMMENTS: Written comments are requested on or before May 21 1998 but will be accepted on or before June 1, 1998. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine (FAME), PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 94-457 - Finance Authority of Maine (FAME)
RULE TITLE OR SUBJECT: Ch. 601, Amendment 4, The Maine Student Incentive Scholarship Project (MSISP)
PROPOSED RULE NUMBER: 98-P92
CONCISE SUMMARY: The rule amendment implements recent statutory amendments. It provides for an increase of the minimum award to $1000 for individuals attending public institutions of higher education. The amendment eliminates the requirement that awards made to students attending private institutions of higher education must be two times the amount of awards to students attending public institutions of higher education.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 969-A(14), 20 MRSA 11617(2), P.L. 1997, c. 643.
PUBLIC HEARING: May 21, 1998 at 1:00 p.m. at the Holiday Inn, 110 Community Drive, Augusta, Maine.
DEADLINE FOR COMMENTS: Written comments are requested on or before May 21 1998 but will be accepted on or before June 1, 1998. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine (FAME), PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)
beth@famemaine.com (EMAIL)


ADOPTIONS

AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices (Order #98-05)
ADOPTED RULE NUMBER: 98-172
CONCISE SUMMARY: Minimum May, 1998 producer Class I set at $16.15 and a Northeast Interstate Dairy Compact over order price of $0.89. May, 1998 Class II goes to $13.11 and Class III minimums set at $12.76. A $.10 premium is included in the Class I minimums. These changes were passed on in minimum prices.
EFFECTIVE DATE: May 1, 1998
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741

AGENCY: 10-148 - Department of Human Services, c/o Auditing, Contracting, and Licensing Service Center
CHAPTER NUMBER AND TITLE:
Ch. 33, Home Day Care Provider Rules
Ch. 32, Rules for the Licensing of Children's Day Care Facilities
ADOPTED RULE NUMBER: 98-174
CONCISE SUMMARY: The proposed Chapter 33: Rules for Home Day Care Providers, incorporate and amend existing rules affecting family day care homes, as marked in Chapter 32: "Rules for the Licensing of Children's Day Care Facilities." The new rules replace the current system of either licensure or registration of home child care providers with a uniform certification process. Family or home day care providers are defined as persons who receive some type of payment to provide child care in their homes on a regular basis, for three to twelve children under 13 years old, who are not their own children. To be eligible for certification, providers must meet the standards for health and safety, training, and provider qualifications described by these rules. The rule includes the basis for establishing reasonable fees for application and renewal. Corresponding amendments are being made to Chapter 32. These rules were required by An Act Regarding Child Care Regulation (PL 1997, Chapter 494). The rules are intended to become effective July 1, 1998.
EFFECTIVE DATE: July 1, 1998
AGENCY CONTACT PERSON: James Chaplin, Supervisor, Child Care Licensing
AGENCY NAME: Department of Human Services, c/o Auditing, Contracting, and Licensing Service Center
ADDRESS: 11 State House Station, 221 State Street, Augusta ME 04333-0011
TELEPHONE: (207) 287-2572


AGENCY: 10-148 - Department of Human Services, Bureau of Child and Family Services

CHAPTER NUMBER AND TITLE: Ch. 15, Rules Providing for the Licensing of Specialized Foster Homes
ADOPTED RULE NUMBER: 98-175
CONCISE SUMMARY: These rules describe the procedures and standards for licensing of specialized foster homes for children under 18 years of age. Specialized care is to be provided to no more than 2 moderately to severely handicapped children by a caretaker who is specifically educated and trained to provide for the particular needs of each child placed.

CHAPTER NUMBER AND TITLE: Ch. 16, Rules Providing for the Licensing of Family Foster Homes for Children
ADOPTED RULE NUMBER: 98-176
CONCISE SUMMARY: These are Rules governing Family Foster Homes for Children in the Department of Human Services care. They have not been revised since 1991, and needed some changes, particularly in the areas of child behavior management, that had become outdated. Overall impact is that they will further ensure the safety and well-being of children in the Department's custody.

EFFECTIVE DATE: April 20, 1998
AGENCY CONTACT PERSON: Tom Bancroft, Foster Care Licensing Prog. Manager
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Child & Family Services, 11 State House Station, Augusta, Maine 04333
TELEPHONE: 207-287-5060


AGENCY: 94-293 - Baxter State Park
CHAPTER NUMBER AND TITLE: Ch. 1, Firearms, Hunting, and Trapping
ADOPTED RULE NUMBER: 98-177
CONCISE SUMMARY: Baxter State Park Rule #22 is amended to include the newly-purchased Baxter State Park lands in T2R10. Hunting and trapping will be allowed on these lands consistent with all other language and restrictions currently in the rule.
EFFECTIVE DATE: April 21, 1998
AGENCY CONTACT PERSON: Roxanna McLean
AGENCY NAME: Baxter State Park
ADDRESS: 64 Balsam Drive, Millinocket, ME 04462
TELEPHONE: 723-9500


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