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June 5, 2002
as posted in 5 daily Maine newspapers
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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: 29-250
- Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 156, Fee Structure for Over Dimensional
and Overweight Loads Along with Police Escort Arrangement Information
PROPOSED RULE NUMBER: 2002-P148
CONCISE SUMMARY: This rule amendment is required due to recent legislation
increasing the cost range for over limit permits which was $3.00 to
$15.00. The new range will now be from $6.00 to $30.00.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §2382
PUBLIC HEARING: June 25, 2002 at 10:00 a.m., in the Bureau of Motor
Vehicles Executive Conference Room at 101 Hospital Street, Augusta,
Maine
DEADLINE FOR COMMENTS: July 5, 2002
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: 01-026
- Department of Agriculture, Food and Rural Resources, Board of Pesticides
Control
RULE TITLE OR SUBJECT: Ch. 27, Standards for Pesticide Applications
and Public Notification in Schools
PROPOSED RULE NUMBER: 2002-P149
CONCISE SUMMARY: This proposed rule establishes procedures and standards
for applying pesticides in and on school grounds. It was created by
a consensus-based rule development committee formed after the Board
received a request for rule-making from the Maine Toxics Action Coalition.
This proposed rule will require school officials to adopt an integrated
pest management (IPM) policy, designate an IPM Coordinator, post notices
when applications are scheduled, and choose between either universal
notification to all parents or establishment of a registry of concerned
parents who wish to be notified of each pesticide application. The Board
does not anticipate that providing notice via a registry will result
in a financial burden for school officials.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8051 et seq., 7 MRSA §§ 601-625
and 22 MRSA §§ 1471-A-X.
PUBLIC HEARINGS:
9:00 a.m., Wednesday, June 26, 2002, Ramada Inn, Lewiston
9:00 a.m., Thursday, June 27, 2002, Ramada Inn, Bangor
DEADLINE FOR COMMENTS: 4:00 p.m. on Wednesday, July 17, 2002
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731
FAX: (207) 287-7548
EMAIL: robert.batteese@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/rules.htm
AGENCY: 10-144
- Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual:
Community Spouse Minimum Standard and Shelter Allowance - 2002
PROPOSED RULE NUMBER: 2002-P150
CONCISE SUMMARY: This rule applies to those in a nursing home who are
covered by Medicaid and who have a spouse living at home. The person
in the nursing home can give some of their income to their spouse at
home. This amount is disregarded when determining how much the person
must pay towards the cost of their nursing home care, The amount given
to the spouse at home is based on a formula. The amounts used in the
formula are increasing. The minimum monthly income standard will be
$1,493 and the shelter allowance will be $448, effective July 1, 2002,
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 5, 2002
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY NAME:' Department of Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten
Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)
AGENCY: Department
of Professional and Financial Regulation: 02-029, Bureau of Financial
Institutions (Ch. 138), and 02-030, Office of Consumer Credit Regulation
(Ch. 240) - a joint chapter
RULE TITLE OR SUBJECT: Truth in Lending, Regulation Z-2
PROPOSED RULE NUMBER: 2002-P151
CONCISE SUMMARY: This regulation, originally promulgated in 1981 and
re-promulgated in 1986, 1989, 1992, 1997 and 1998 adopts the Federal
Truth-in-Lending regulations by reference so as to implement Article
VIII of the Maine Consumer Credit Code. These regulations describe how
the cost of credit and leases must be disclosed to consumers and how
billing errors must be resolved in open-end credit.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 9-A MRSA §6-104 and §9-104.
PUBLIC HEARING: To be scheduled if requested by 5 or more persons.
DEADLINE FOR COMMENTS: July 5, 2002
AGENCY CONTACT PERSON: Martine M. Ortiz, Staff Attorney
AGENCY NAME: Bureau of Financial Institutions
ADDRESS: 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8561
AGENCY CONTACT PERSON: William N. Lund, Director
AGENCY NAME: Office of Consumer Credit Regulation
ADDRESS: 35 State House Station, Augusta, ME 04333-0035
TELEPHONE: (207) 624-8527
ADOPTIONS
AGENCY: 19-498
- Department of Economic and Community Development, Office of Community
Development
CHAPTER NUMBER AND TITLE: Ch. 30, Amended Program Statement for
Administering the 2002 Maine Community Development Block Grant Program
ADOPTED RULE NUMMER: 2002-159
CONCISE SUAIMARY: This amended rule will allow DECD to allocate the
federal funds in accordance with the U.S. Department of Housing and
Urban Development regulations. Specifically, this amended rule will
allocate $400,000 of State CDBG funds to establish a Downtown Initiative
Grant Program (DIG) for the Town of Lincoln, Maine. It describes the
design and method of distribution of funds of the Maine Community Development
Block Grant Program.
EFFECTIVE DATE: May 28, 2002
AGENCY CONTACT PERSON: Michael D. Baran, Technical Assistance Program
Manager
AGENCY NAME: Department of Economic & Community Development, Office
of Community Development
ADDRESS: DECD/OCD, State House Station 59, 111 Sewall Street, Augusta,
Maine 04333-0059
TELEPHONE: (207) 624-9816
AGENCY: 10-149
- Maine Department of Labor, Bureau of Rehabilitation Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder & Adult Services
Policy Manual: Section 73.02, Eligibility for Services
ADOPTED RULE NUMBER: 2002-160
CONCISE SUMMARY: The Department of Labor is adopting this emergency
rule to allow certain consumers in the Medicaid Home and Community-Based
Waiver program to be enrolled in the state-funded Consumer Directed
Home-Based Care program, as a means of restoring necessary Personal
Care Attendant services that were reduced as a result of rules changes
promulgated by the Department of Human Services. Approximately 50 consumers
have had their Personal Care Attendant services reduced as a result
of these rules. These are consumers with the most significant needs,
including assistance with ventilator care, mobility, and other basic
activities of daily living. Until these hours are restored, these consumers
are receiving less assistance than they have been medically assessed
as needing, and as such are living under an immediate threat to their
health, safety and welfare.
EFFECTIVE DATE: May 23, 2002
AGENCY CONTACT PERSON: Kathleen B. Brogan, Director
AGENCY NAME: Bureau of Rehabilitation Services, Maine Department of
Labor
ADDRESS: 2 Anthony Avenue, Augusta, ME 04333-0150
TELEPHONE: (207) 624-5950
TTY: (207) 624-5964
© Department
of the Secretary of State
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