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June 2, 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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Substantial Gainful Employment (SGA) Test on Earnings
PROPOSED RULE NUMBER: 99-P102
CONCISE SUMMARY: When an individual applies for Medicaid based on a disability, the applicant's monthly earnings must be less than a fixed amount. Called the "Substantial Gainful Employment (SGA) Test," this rule changes the SGA from $500 to $700.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: July 2, 1999.
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011 TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 101, Special Education
PROPOSED RULE NUMBER: 99-P103
CONCISE SUMMARY: These proposed amendments will align the Maine Special Education Regulations with recent amendments in federal law and regulations concerning special education. Additional amendments will align the state regulations with recent legislative initiatives.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A, Section 7003
PUBLIC HEARING,
1:30 - 3:45 p.m., June 24, 1999, University of Maine ITV System
University of Maine at Augusta, LRC, Room 15
University of Southern Maine, Payson Hall, Room 304
University College (Bangor), Bangor Hall, Room 101
University of Maine at Presque Isle, Pullen Hall, Room 213
University of Maine at Farmington, Studio
University of Maine at Machias, Torrey, Room 4
University of Maine at Fort Kent, Annex, Room 11
DEADLINE FOR COMMENTS: July 9, 1999
AGENCY CONTACT PERSON: Michael J. Opuda, Ph.D., Due Process Coordinator
AGENCY NAME: Special Services Team, Maine Department of Education
ADDRESS: Station #23, Augusta, ME 04333
TELEPHONE: (207) 287-5974


AGENCY: 17-229 - Maine Department of Transportation
RULE TITLE OR SUBJECT: Ch. 207, Adopt-A-Highway Program
PROPOSED RULE NUMBER: 99-P104
CONCISE SUMMARY: This amendment makes the existing rule consistent with the recently enacted amendment in 1999 P.L. ch. 152, Part G, Sec. G-1, for the adopt-a-highway program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 M.R.S.A. 1117
PUBLIC HEARING None scheduled; one may be requested by 5 or more persons.
DEADLINE FOR COMMENTS: July 2, 1999
AGENCY CONTACT PERSON: Peter Coughlan
AGENCYNAME: Maine Department of Transportation
ADDRESS: Community Services Division, 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: 287-2152


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 305, Permit by Rule Standards
ADOPTED RULE NUMBER: 99-229
CONCISE SUMMARY: A number of substantial amendments were approved. One is to allow the department discretionary authority to require an individual permit under the Natural Resources Protection Act (NRPA) for an activity qualifying for Permit by Rule (PBR) if there is concern that it could cause significant environmental impact. Also, an individual permit will be required for any project involving, multiple, submerged utility or stream crossings, excluding recreation trails: PBR will be limited to projects consisting of only a single crossing. Restrictions have been, added throughout the rule that limit PBR approval to only those activities that comply with other department laws (specifically the Site, Stormwater and NRPA laws) and local shoreland zoning ordinances. Depending on the type, timing, and location of certain activities, applicants must now receive, and, submit proof of, approval of the timing of the activity from other state agencies, such as the Department of Marine Resources (forms will be developed for use by the applicant). For activities allowed under Section 2 Soil Disturbance and Section 10 Stream Crossings, the 14 day waiting period is waived if the activity is performed or supervised by an individual certified by the department in erosion control practices through the Voluntary Contractor Certification Program. Numerous other amendments have been made to improve existing standards and, in a few cases, added new ones to ensure only relatively simple types of projects proceed under PBR.
EFFECTIVE DATE: June 1, 1999
AGENCY CONTACT PERSON: Michael K. Mullen
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4728


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 252, Rules Governing Certification of Seed Potatoes in the State of Maine
ADOPTED RULE NUMBER: 99-230
CONCISE SUMMARY: This rule eliminates the requirement to laboratory test the foliage of of potato plants produced from greenhouse grown minitubers or plantlets for viral pathogens. It also formalizes the adoption of a zero tolerance for Potato Spindle Tuber Viroid in Maine's seed potato certification program, which had previously been established by Emergency Rule. It increases the field inspection fees in the Seed Potato Certification Program from $17 to $18 per acre. It also increases the fee for shipping point inspection of seed potatoes from 8 cents per hundred pounds shipped to 10 cents Per hundred pounds shipped, and
eliminates the 5 cents per hundred pounds overtime fee for shipping point inspection. The rule also authorizes the Department of Agriculture to impose late fees and interest charges on invoices for services that are more than 30-days overdue.
EFFECTIVE DATE: May 25, 1999
AGENCY CONTACT PERSON:
NAME: Terry L. Bourgoin, Director
ADDRESS: Division of Plant Industry, 28 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 287-3891


AGENCY: 10-144 - Department of, Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 256, Maine Medical Laboratory Rules (Amendments)
ADOPTED RULE NUMBER: 99-238
CONCISE SUMMARY: These amendments to the existing rule:
Add a new category of medical laboratory license which limits testing to the clia '88 waived tests.
Revise personnel requirements for supervisors to allow individuals who would not otherwise qualify to supervise this new category of laboratory.
Increase licensing fees for initial licenses from $200 to $500.
EFFECTIVE DATE: May 25, 1999
AGENCY CONTACT PERSON: Michael C. Sodano
AGENCY NAME: Health &.Environmental Testing Laboratory
ADDRESS: 221 State Street, # 12, Augusta 04333
TELEPHONE: 287-1929
TTY: 207-897-4479


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - -1999 Federal Poverty Levels
ADOPTED RULE NUMBER: 99-235
CONCISE SUMMARY: This rule puts into effect the 1999 Federal Poverty Level. The FPLs are updated each year by the Federal Department of Health and Human Services. The FPL serves as the income limit in Cub Care, Medicaid for children and their parents, elderly and disabled individuals and pregnant women.
EFFECTIVE DATE: May 26, 1999
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
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: 99-236
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 1999 regular and special muzzle-loading deer hunting season. This establishes specific permit allocations for the 30 Wildlife Management Districts (WMD) as follows:
WMD 1 -- 100 permits
WMD 2 -- 25 permits
WMD 3 -- 0 permits
WMD 4 -- 200 permits
WMD 5 -- 300 permits
WMD 6 -- 150 permits
WMD 7 -- 850 permits
WMD 8 -- 950 permits
WMD 9 -- 300 permits
WMD 10 -- 400 permits
WMD 11 -- 450 permits
WMD 12 -- 1,400 permits
WMD 13 -- 1,350 permits
WMD 14 -- 350 permits
WMD 15 -- 2,200 permits
WMD 16 -- 4,650 permits
WMD 17 -- 9,000 permits
WMD 18 -- 950 permits
WMD 19 -- 0 permits
WMD 20 -- 2,900 permits
WMD 21 -- 3,650 permits
WMD 22 -- 4,200 permits
WMD 23 -- 8,850 permits
WMD 24 -- 2,850 permits
WMD 25 -- 2,700 permits
WMD 26 -- 3,450 permits
WMD 27 -- 350 permits
WMD 28 -- 0 permits
WMD 29 -- 25 permits
WMD 30 -- 1,200 permits
TOTAL -- 53,800
All other antlerless deer regulations in effect in 1998 shall remain the same.
EFFECTIVE DATE: May 25, 1999
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Expanded Archery Season; Wildlife Management Districts; Wildlife Management Areas
CHAPTER NUMBER AND TITLE: Ch. 4, 5
ADOPTED RULE NUMBER: 99-237
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted amendments to the above rules as follows: The season dates for the Expanded Archery Season have been established as proposed (1st Saturday following Labor Day until the end of the extended muzzleloading season); Beauchamp Point Sanctuary has been opened to archery hunting, and Wildlife Management Districts 27, 28 and 29 have been amended to clarify the boundaries and District 30 has been amended to include offshore islands within its boundaries.
EFFECTIVE DATE: May 26, 1999
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201


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