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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/624-7650
FAX 207/287-6545

May 23, 2001
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: 09-137 - Department of Inland Fisheries & Wildlife

RULE TITLE OR SUBJECT: Ch. 14, Commercial Whitewater Rafting
PROPOSED RULE NUMBER: 2001-P124
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt rules for commercial whitewater rafting as follows: (1) establish the order of launch for 2001; and (2) establish the allocated Sundays (in addition to the allocated days and periods in statute) for the West Branch of the Penobscot River for 2001. A copy of the proposal may be obtained from the Agency Contact Person.
STATUTORY AUTHORITY: 12 MRSA 7035, 7367, 7369

RULE TITLE OR SUBJECT: Ch. 4.03, Deer Hunting Season (H. Open and Closed Areas)
PROPOSED RULE NUMBER: 2001-P125
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife proposes to amend the deer season regulations by adding the whole of Cranberry Isles in Hancock County as an area that is open to the hunting of deer with a shotgun or archery equipment during any open hunting season that allows a shotgun or archery equipment to be used to hunt deer. In addition, the areas listed in Chapter 5.02 (Classified Wildlife Management Areas - Prout's Neck: Richmond's Island, Cape Elizabeth Sanctuary and Beauchamp Sanctuary in Rockport and Camden) with special deer hunting regulations are being repealed from that Chapter and added to the deer season regulations.

RULE TITLE OR SUBJECT: Ch. 4, Open Season for the Hunting and Trapping of Furbearing Animals
PROPOSED RULE NUMBER: 2001-P126
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife proposes an amendment to the statewide hunting season for bobcat. The current season for bobcat begins December 1 and continues through February 15. This amendment proposes to end the season on January 31 due to severe winter conditions.
STATUTORY AUTHORITY: 12 MRSA 7035

RULE TITLE OR SUBJECT: Ch. 4.04, Bear Trapping
PROPOSED RULE NUMBER: 2001-P127
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to adopt regulations regarding bear trapping. This proposal adds cage traps to the list of legal trap types and prohibits a person from training a dog for bear hunting on a bear caught in a trap. A copy of the proposal may be obtained from the agency contact person listed below.

RULE TITLE OR SUBJECT: Ch. 4, Hunting Seasons on Upland Game
PROPOSED RULE NUMBER: 2001-P128
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to amend the annual hunting season dates on the following upland game species to establish a uniform statewide season as follows:

Species Open Hunting Season Dates Daily Bag Limit
Ring Necked Pheasant Oct. 1 - Dec. 31 2 4
Ruffed Grouse (Partridge) Oct. 1 - Dec. 31 4 8
Bobwhite Quail Oct. 1 - Dec. 31 4 8
STATUTORY AUTHORITY: 12 MRSA 7035

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 22, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201.


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 314, Statewide Low-Income Assistance Plan
PROPOSED RULE NUMBER: 2001-P129
CONCISE SUMMARY: This rule establishes the design, administration and funding criteria for a statewide program to assist qualified low-income customers pay their electric bills and will be funded by transmission and distribution utilities and implemented by the Maine State Housing Authority in cooperation with regional Community Action Agencies throughout Maine.
THIS RULE WILL NOT HAVE FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 104, 111
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 22, 2001
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-1396


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) Miscellaneous Policy 54-P
PROPOSED RULE NUMBER: 2001-P130
CONCISE SUMMARY: These rules clarify and amend policy or correct typographical errors contained in the Maine Public Assistance Manual (MPAM). This rule:
* clarifies that policy concerning the extension of TANF benefits beyond 60 months is located in Chapter 1.
* clarifies that an application for the RCA program is considered an application for medical assistance.
* clarifies that policy for Transitional Child Care and Transitional Transportation are contained in the MPAM.
* amends policy to allow TANF/PaS Supervisors to approve good cause reasons for not residing with either parent.
* amends policy to allow the Kelly Blue Book to be used to determine the equity value of vehicles.
* clarifies that Separate Identifiable Accounts set up as Family Development Accounts as authorized by state law are treated as Family Development Accounts.
* corrects typographical errors in the number and lettering of the itemized disregards.
* eliminates page 14a because it is a duplicate of page 14.
* grants Supervisors the authority to end the period of ineligibility due to the receipt of lump sum income.
* consolidates the written material and renumbers the pages in Chapter IV from 3 through 10 and adds the child care disregard which was omitted erroneously.
* limits transitional transportation reimbursements to 24 cents per mile up to $10 per day for families where gross earnings are equal to or less than 125 percent of the Federal Poverty Level.
* clarifies that an overpayment exists any time federal, state or support money is issued incorrectly.
* clarifies that AFDC overpayments must be collected before TANF overpayments.
* clarifies procedure for collecting overpayments.
* clarifies that all Bureau programs and services are subject to intentional program violations.
* clarifies that underpayments are not limited to TANF, PaS or GAP.
* amends policy to allow TANF/PaS Supervisor to request expedited replacement checks.
* removes receipt of Medicaid from the list of programs that make an individual automatically eligible for emergency assistance.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: June 22, 2001
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 25.06, Vessel Ownership, and
Ch. 25.08, Lobster Trap Tag System
PROPOSED RULE NUMBER: 2001-P131
CONCISE SUMMARY: The Department proposes these changes as a means of enforcing the boat trap limit by requiring applicants to declare up to two registered vessels from which trap tags will be used and subsequently limiting the number of trap tags issued to individuals for a declared vessel by the Department. The proposed changes clarify that although trap tags are issued to the lobster license holder, at the time of license issuance or renewal the license holder must declare a registered vessel from which those tags will be used. The Commissioner may limit the number of trap tags issued for a declared vessel based on the boat trap limit pursuant to12 MRSA 6431-A. The rule also allows for an exemption from these provisions under certain circumstances that must be approved by the Commissioner. It would also not apply to non-commercial license holders issued a license under 12 MRSA 6421(2-A) and 6421(3-A)(F).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171, 6301(5), 6431-A and 6431-B
PUBLIC HEARINGS:
Monday, June 11, 2001, 7:00 p.m., State Ferry Terminal Conference Room, Rockland
Tuesday, June 12, 2001, 7:00 p.m., Holiday Inn, 215 High Street, Ellsworth
Thursday, June 14, 2001, 7:00 p.m., Culinary Arts Dining Room, Southern Maine Technical College, Fort Road, South Portland
DEADLINE FOR COMMENTS: June 25, 2001
AGENCY CONTACT PERSON: Col. Joe Fessenden. Send Written Comments to: c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 624-6550
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, please contact Breena Whitcomb at (207) 624-6567.


AGENCY: 02-383 - Board of Osteopathic Licensure (affiliated with the Department of Professional & Financial Regulation)
RULE TITLE OR SUBJECT: Ch. 17, Physician/Physician Assistant - Disruptive Conduct
PROPOSED RULE NUMBER: 2001-P132
CONCISE SUMMARY: The purpose of this rule is to identify those circumstances under which the behavior of a physician or a physician assistant toward a patient or others is considered disruptive to patient care and therefore unprofessional conduct.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 2562 & 2581
PUBLIC HEARING: Thursday, June 14, 2001, 9:00 a.m., Lower Level Conference Room, Two Bangor Street, Augusta, ME 04330
DEADLINE FOR COMMENTS: Monday, June 25, 2001, 4:30 p.m.
AGENCY CONTACT PERSON: Susan E. Strout, Executive Secretary
AGENCY NAME: Maine Board of Osteopathic Licensure
ADDRESS: 142 State House Station, Two Bangor St., Augusta, ME 04333-0142
TELEPHONE: (207) 287-2480


ADOPTIONS

AGENCY: 17-229 - Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 299, Driveway Rules and Entrance Rules
ADOPTED RULE NUMBER: 2001-130
CONCISE SUMMARY: Rules regulating Vehicular Access to or from any state or state-aid highway outside Urban Compact Areas.
EFFECTIVE DATE: April 15, 2001
AGENCY CONTACT PERSON: Kathy B. Fuller, AICP, Assistant Director of Planning
AGENCY NAME: Department of Transportation
ADDRESS: 16 State House Station, Child Street, Augusta, Maine 04333-0016
TELEPHONE: (207) 287-2942


AGENCY: 02-373 - Board of Licensure in Medicine

ADOPTED RULE NUMBER: 2001-151
CHAPTER NUMBER AND TITLE: Ch. 2, Physician Assistants
CONCISE SUMMARY: Chapter 2 constitutes rules governing Physician Assistants who are supervised by Physicians licensed by the Board of Licensure in Medicine. Chapter 2 also establishes a Physician Assistant Advisory Committee. STATUTORY AUTHORITY: 32 MRSA 3269(7) and 3270 (A, B, & C)

CHAPTER NUMBER AND TITLE: Ch. 3, Physician Supervision of Advanced Practice Registered Nurse Under Medical Delegation
CONCISE SUMMARY: Chapter 3. A Certified Nurse Midwife or Certified Nurse Practitioner who is approved by the Maine State Board of Nursing as an Advanced Practice Registered Nurse (APRN) may choose to perform medical diagnosis or prescribe therapeutic or corrective measures when these services are delegated by a licensed physician, as authorized by 32 MRSA 2205-B.3. When working under the delegation of a Physician, the APRN/Physician relationship must be registered with the Board of Licensure in Medicine. This chapter constitutes rules governing registration of these advanced nursing classifications when performing under the delegation/supervision of a physician, and the physicians who supervise them. Chapter 2 constitutes rules governing Physician Assistants who are supervised by physicians licensed by the Board of Licensure in Medicine. STATUTORY AUTHORITY: 32 MRSA 3269(7)

EFFECTIVE DATE: May 8, 2001
AGENCY CONTACT PERSON: Jean M. Greenwood, Board of Licensure in Medicine, 137 State House Station, Augusta, Me 04333-0137
TELEPHONE: (207) 287-3603


AGENCY: 12-170 - Department of Labor Bureau of Labor Standards

CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing Provisions of Hazardous Occupations for Minors Under the Age of Eighteen in Non-Agricultural Employment
ADOPTED RULE NUMBER: 2001-153
CONCISE SUMMARY: The purpose of this Chapter is to prevent the exploitation of minors through hazardous working conditions in non-agricultural employment. These rules augment 771 and 772 of 26 MRSA, which set minimum ages for employment in specific industries.

CHAPTER NUMBER AND TITLE: Ch. 10, Rules Governing Employment Leave For Victims of Violence
ADOPTED RULE NUMBER: 2001-P154
CONCISE SUMMARY: Provides definitions and procedural guidance regarding required employment leave for victims of violence, assault, domestic violence, sexual assault, or stalking.

EFFECTIVE DATE: May 14, 2001
AGENCY CONTACT PERSON: Michael V. Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6400


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 2001-155
CONCISE SUMMARY: Food Stamp applicants and recipients, who live in the following municipalities, will now be exempt from work registration and the three (3) month time limited eligibility rules due to high unemployment rates in these areas. The unemployment rates in these municipalities have been at least twenty (20) percent higher than the national average for a recent twenty-four (24) month period. This list does not include areas already in policy as exempt. The municipalities (by county) are: Androscoggin County - Leeds, Livermore, Livermore Falls and Mechanic Falls; Hancock County - Blue Hill, Brooklin, Brooksville, Bucksport, Castine, Dedham, Deer Isle, Frenchboro, Orland, Penobscot, Sedgwick, Stonington, Swans Island and Verona; Kennebec County - Albion, Benton, Clinton, Litchfield, Monmouth, Oakland, Readfield, Unity Township, Vassalboro, Vienna, Waterville, Winslow and Winthrop; Waldo County - Brooks, Burnham, Frankfort, Freedom, Islesboro, Liberty, Monroe, Palermo, Prospect, Stockton Springs, Thorndike, Troy and Unity; Cumberland County - Harrison; Lincoln County - Whitefield; Sagadahoc County - Bowdoin and Richmond; and York County - Limerick and Parsonsfield.
EFFECTIVE DATE: June 1, 2001
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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 323, General Assistance Manual
ADOPTED RULE NUMBER: 2001-156
CONCISE SUMMARY: This rule changes and clarifies the section of policy dealing with the SSI Interim Assistance Reimbursement Program. The changes are necessary because of a change in the contract between the Social Security Administration and DHS.
EFFECTIVE DATE: May 19, 2001
AGENCY CONTACT PERSON: Cynthia Boyd, General Assistance Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-3654
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife

TYPE OF RULE: Antlerless Deer Hunting Restrictions
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping
ADOPTED RULE NUMBER: 2001-157
CONCISE SUMMARY: In accordance with Title 12, MRSA, Section 7457, subsection 1(I), the Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing a special deer season in each Wildlife Management District (WMD) where the number of any-deer permits allocated are not all issued during the annual any-deer drawing. The season will run concurrently with any other open deer season. Applicants who receive an any-deer permit in a WMD that has surplus any-deer permits will receive, in the random order of the draw and until they run out, a permit to take a bonus antlerless deer in that same WMD. The number of bonus antlerless-only deer permits will be based on the number of unissued any-deer permits that occur when an insufficient number of applicants apply for a particular WMD. The bonus permit will authorize the permittee to take an antlerless deer within that WMD in any open season, in addition to any other applicable bag limits.

TYPE OF RULE: Antlerless Deer Hunting Restrictions
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping
ADOPTED RULE NUMBER: 2001-158
CONCISE SUMMARY: In accordance with Title 12 MRSA, Section 7457, subsection 1(H), the Commissioner of Inland Fisheries and Wildlife has adopted Antlerless Deer Hunting Restrictions for the 2001 regular and special muzzle-loading deer hunting seasons. The proposed allocations were amended after the full impact of the winter had been assessed; therefore these adopted allocations are fewer (by 39,200) than those proposed. This establishes specific permit allocations for the 30 Wildlife Management Districts (WMD) as follows:

WMD 1 - 0 permits
WMD 2 - 0 permits
WMD 3 - 0 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 0 permits
WMD 7 - 0 permits
WMD 8 - 0 permits
WMD 9 - 150 permits
WMD 10 - 200 permits
WMD 11 - 0 permits
WMD 12 - 450 permits
WMID 13 - 900 permits
WMD 14 - 200 permits
WMD 15 - 2,750 permits
WMD 16 - 5,100 permits
WMD 17 - 10,650 permits
WMD 18 - 150 permits
WMD 19 - 0 permits
WMD 20 - 2,050 permits
WMD 21 - 4,600 permits
WMD 22 - 5,200 permits
WMD 23 - 12,050 permits
WMD 24 - 2,550 permits
WMD 25 - 3,150 permits
WMD 26 - 2,950 permits
WMD 27 - 100 permits
WMD 28 - 0 permits
WMD 29 - 0 permits
WMD 30 - 800 permits
TOTAL - 54,000
All other antlerless deer regulations in effect in 2000 shall remain the same.

EFFECTIVE DATE: May 19, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201.


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 592, The Small Community Wastewater Program
ADOPTED RULE NUMBER: 2001-159
CONCISE SUMMARY: The Chapter 592 rules define the administration and operation of the Small Community Grant program, which provides grant funding for wastewater treatment facilities which are polluting the environment or causing a public health hazard. The amendments modified the rule to make it consistent with the current statute and to incorporate current formatting requirements. Other minor changes were made to improve the operation of the grant program.
EFFECTIVE DATE: May 20, 2001
AGENCY CONTACT PERSON:
AGENCY NAME: Richard Green
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-7765


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 1.01, Open Water Fishing Regulations
ADOPTED RULE NUMBER: 2001-160
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule for the 2001 fishing season opening an additional 292 waters to fishing under the Special Regulation Code S-23: Extended Season - Remains open to fishing through October. From Oct. 1 - Oct. 31. artificial lures only; all fish caught must be released alive at once; AND an additional 85 waters under the Special Regulation Code S-24: Extended Season - Remains open to fishing through November. From Oct 1 - Nov. 30: All trout, salmon, togue and bass must be released alive at once. A list of the waters may be obtained from the agency contact person listed below or on the Department's website at http://www.mefishwildlife.com.
EFFECTIVE DATE: May 21, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201


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