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May 20, 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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual, Ch. V, Section 2, "Early and Periodic Screening, Diagnosis, and Treatment Program (EPSDT)" (repeals Sections 1, 3 and 4).
PROPOSED RULE NUMBER: 98-P96
CONCISE SUMMARY: This proposed rule repeals the present Chapter V, Sections 1, 3, and 4, of the Maine Medical Assistance Manual and establishes a new section 2. The new Section 2 contains updated definitions and guidelines for the Early and Periodic Screening, Diagnosis, and Treatment Program and describes services available to eligible recipients under the age of 21.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: June 10, 1998 at 1:30 p.m. in the second floor conference room of the Pella building, 35 Anthony Avenue, Augusta, Maine.
DEADLINE FOR COMMENTS: June 22, 1998
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy & Programs
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514, or at 207-287-1828 (TTY)

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4.01(G), Seasons on Furbearing Animals and 4.01(J)
PROPOSED RULE NUMBER: 98-P97
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes the following season framework for hunting and trapping forbearing animals.
1) Beaver trapping:
WMD 1: November 1 - March 31
WMD's 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 18, 19: December 1- March 31
WMD's 12, 15, 16, 17, 23, 25, 26, 27, 28, 29, 30: December 15- February 28
WMD's 20, 21, 22, 24: January 1 - February 28
2) Statewide trapping season on bobcat, coyote, flsher, fox, marten, mink, muskrat*, opossum, otter, raccoon, red squirrel, skunk, weasel: The Sunday preceding the first day of the open firearm season on deer through December 31. (November 1 - December 31, 1998).
2.a.) Early fox and coyote trapping season statewide: Beginning on the Sunday 2 weeks prior to the opening of the regular fall trapping season and extending through the day prior to the opening of the regular fall trapping season. (Incidental skunks, raccoons, opossum may be legally possessed). (October 18 - October 31, 1998)
2.b.) Early Muskrat Trapping Season in WMD's 1, 2, 3, 4, 5, 6, 9, 10, 11: Beginning on the Sunday 1 week prior to the opening of the regular fall trapping season, and extending through the day prior to the opening of the regular fall trapping season. (Incidental skunks, raccoons, opossum may be legally possessed). (October 25 - October 31, 1998)
3.a.) Marten Study Area. Except as otherwise provided in rules pertaining to the open trapping season on beaver and bear, the entire portions of townships T4R11 WELS and T5R11 WELS are closed to trapping from October 18 through December 31, 1998.
4) Statewide hunting season on skunk and opossum: Monday after the opening of the Special Fox & Coyote trapping, Season (October 19, 1998) through December 31; Raccoon: October 1 through December 31; Fox: Monday after the opening of the Special Fox & Coyote Trapping Season (October 7-19, 1998) through February 28; Bobcat: December 1 through January 31; Coyote: January 1 through December 31.
4.03 (J) is being amended to convert the Wildlife Management Units (4, 7, and 8) over the new Wildlife Management Districts (12, 15, 16, 17, 20, 21, 22, 23, 24, 25, and 26) for the trap restriction requiring that traps with teeth in those districts must be completely covered with water from the opening day of the trapping season to the opening day of the firearm season on deer annually.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA, Section 7035
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 19, 1998
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT:
Ch. 14, Review by Full Board -- proposed amendments
Ch. 13, Appeals to Appellate Division - repeal
Old Chapter 13, Compensation for Permanent Impairment - repeal
PROPOSED RULE NUMBER: 98-P98
CONCISE SUMMARY: This rule changes the procedure by which the Board decides whether to accept a decision of a Hearing Officer for review pursuant to 39-A M.R.S.A. Sec. 320. It also incorporates relevant procedural rules for cases that are accepted for review. This rule also repeals obsolete rules relating to the Appellate Division which was abolished by P.L. 1992, Chapter 885 and previous Commission rules relating to permanent impairment.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A M.R.S.A. Sec. 152(2) & Sec. 320
PUBLIC HEARING: Wednesday, June 10, 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, June 22,1998, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, Assistant General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta ME 04333-0027
TELEPHONE: 207-287-7094


ADOPTIONS

AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands, ATV Program
CHAPTER NUMBER AND TITLE: Ch. 16, ATV Trail Grant Funding
ADOPTED RULE NUMBER: 98-205
CONCISE SUMMARY: The rule establishes a process that qualified ATV clubs use to request grants from the Bureau of Parks and Lands, ATV Program, to defray the costs of constructing and maintaining ATV trails used for public use. The rule also establishes the terms and conditions of the grant and the method used to request reimbursement for qualified expenses. This amendment increases the level of funding available from $1,500.00 to $2,500.00, and permits clubs to be reimbursed for labor expenses. It also makes the application process clearer by establishing the steps that clubs follow to apply and receive grants.
EFFECTIVE DATE: May 12, 1998
AGENCY CONTACT PERSON: Brian Bronson, Department of Conservation, Bureau of Parks and Lands, ATV Program, State House Station #22, Augusta, ME 04333
PHONE: 207-287-4958


AGENCY: 04-058 - Department of Conservation, Bureau of Forestry, Forest Fire Control
CHAPTER NUMBER AND TITLE: Ch. 501, Fireplace and Outdoor Grill Use; replaces Ch. 5.
ADOPTED RULE NUMBER: 09-206
SUMMARY: This rule establishes the requirements and process that licensed camping facilities and public campsites follow to obtain a certificate from Bureau of Forestry allowing the facility to continue open fires in fireplaces and outdoor grills during a Governor declared proclamation banning out-of-door fires (if proclamation permits exemptions). The rule also establishes the requirements and process that non-residential facilities follow to obtain a general fire permit in lieu of a single-fire permit for fireplaces and outdoor grills when ban is not in place (most of the time). The rule replaces existing Ch. 5, Operation of Commercial Campsites during Governor's Proclamation of Fire Danger.
EFFECTIVE DATE: May 12, 1998
AGENCY CONTACT PERSON: Tom Parent, State Supervisor of Forest Fire Control Operations, State House Station #22, Augusta, ME 04333


AGENCY: 65-407 - Public Utilities Commission

CHAPTER NUMBER AND TITLE: Ch. 301, Standard Offer Service
ADOPTED RULE NUMBER: 98-208
CONCISE SUMMARY To establish terms and conditions for standard offer service for electric generation, and establish a methodology for selecting standard offer providers.

CHAPTER NUMBER AND TITLE: Ch. 302, Consumer Education Program; Electric Restructuring
ADOPTED RULE NUMBER: 98-209
CONCISE SUMMARY: This rule implements a consumer education program to educate the public about electric restructuring. The rule also establishes a funding mechanism for the program.

EFFECTIVE DATE: June 6, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-6078


AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 10, Rules for Determination of Assessments
ADOPTED RULE NUMBER: 98-210
CONCISE SUMMARY: This chapter provides identifies health care providers and health insurance providers required to pay annual assessments for the operational costs, which include staff salaries, administrative expenses, data system expenses, and consulting fees of the Maine Health Data Organization. This chapter also establishes the process for determining the individual assessments for each entity and the timetable for payment.
EFFECTIVE DATE: May 13, 1998
CONTACT PERSON: Alan M. Prysunka, Executive Director
AGENCY NAME: Maine Health Data Organization
ADDRESS: Gardiner Annex - 122 Northern Avenue, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 624-8655


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual (MMAM), Chapters II and III, Section 16, Clozaril Monitoring Services
ADOPTED RULE NUMBER: 98-214
CONCISE SUMMARY: The final rule repeals and deletes Section 16, "Clozaril Monitoring Services", of Chapter II and III of the Maine Medical Assistance Manual,. Effective June 1, 1998, the Clozaril monitoring services described in Section 16 are no longer a Medicaid covered service.
EFFECTIVE DATE: June 1, 1998
AGENCY CONTACT PERSON: Maurice Gagnon, Comprehensive Health Planner
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Medical Services, Policy Development, 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527, TTY (207) 287-1828, 1-800-423-4331


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual, Chapters II and III, Section 104, School Based Rehabilitative Services
ADOPTED RULE NUMBER: 98-215
CONCISE SUMMARY: This rule defines services that are Medicaid reimbursable in a school setting under a monthly billing rate and provides a simplified billing procedure.
EFFECTIVE DATE: May 17, 1998
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: Policy Development
ADDRESS: 11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5521
TTY (207) 287-1828


AGENCY: 06-481 - Department of Environmental Protection, Board of Underground Storage Tank Installers
CHAPTER NUMBER AND TITLE: Amendments to Ch. 1, "Administrative Rules"; Repeal of Ch. 4, "Certification of Underground Hazardous Substance Tank Installers."
ADOPTED RULE NUMBER: 98-216
CONCISE SUMMARY: These changes: (1) repeal the certification program for underground hazardous substance tank installers as mandated by P.L. 1997 c. 364; (2) correctly identify the location of the Board's office relative to current State Bureau names, (3) correct a substantive typographical error in the Board's rules for issuing advisory opinions and (4) make minor language revisions where appropriate to conform to state rule policy guidelines.
EFFECTIVE DATE: May 17, 1998
AGENCY CONTACT PERSON: James Hynson
AGENCY NAME: Maine Board of Underground Storage Tank Installers
ADDRESS: c/o Maine Dept. Environmental Protection, 17 State House Station, Augusta, ME 04333
TELEPHONE: 207/287-7889


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