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June 18, 2003
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:
17-229 - Department of Transportation
RULE TITLE OR SUBJECT: Amendment to Rule Number 17-229, Ch. 300,
Rules and Regulations for the Use of the Interstate Highway System
PROPOSED RULE NUMBER: 2003-P139
CONCISE SUMMARY This amendment to the Maine Department of Transportation's
rules is intended to restrict certain vehicles to the two farthest right-hand
lanes on that portion of Interstate 95 from the Maine-New Hampshire
border to the southern terminus of the Maine Turnpike.
The Maine Turnpike Authority is promulgating a similar rule for that
portion of the Turnpike south of Mile Marker 44 in Scarborough. The
Maine Department of Transportation has responsibility for that portion
of I-95 leading from the Maine-New Hampshire border to the southerly
terminus of the Maine Turnpike. The Department is proposing to amend
its rules to maintain consistency on that portion of Interstate 95 from
the Maine-New Hampshire border to Mile Marker 44 of the Maine Turnpike
in Scarborough.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 23 MRSA § 52 and 23 MRSA § 4206(5)
PUBLIC HEARING: A public hearing on this rule will be held on July 8,
2003, at, 1 p.m., at the Holiday Inn Express Hotel and Suites at the
Saco Plaza, 352 North Street, in Saco, Maine, also accessible from mile
37 northbound of the turnpike between exits 4 and 5.
DEADLINE FOR COMMENTS: July 18, 2003
AGENCY CONTACT PERSON: Jim Smith Department of Transportation, Office
of Legal Services, 16 State House Station, Augusta, Maine 04333-0016
TELEPHONE: (207) 624-3020
AGENCY:
99-420 - Maine Turnpike Authority
RULE TITLE OR SUBJECT: 99-420, Ch. 1, Rules Governing the Use
of the Turnpike: No Trucks in Third Lane
PROPOSED RULE NUMBER: 2003-P140
CONCISE SUMMARY: This rule would restrict buses and trucks, including
truck tractors but excluding pickup trucks, from the far left passing
lane on the three lane section of the turnpike south of mile marker
44.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 23 MRSA § 1965(l)(C) and 23 MRSA § 1980
PUBLIC HEARING: A public hearing on this rule will be held on July 8,
2003, at 1 p.m., at the Holiday Inn Express Hotel and Suites at the
Saco Plaza, 352 North Street, in Saco, Maine, also accessible from mile
37 northbound of the turnpike between exits 4 and 5.
DEADLINE FOR COMMENTS: July 18, 2003
AGENCY CONTACT PERSON: Jonathan Arey, Maine Turnpike Authority, 430
Riverside Street, Portland, Maine 04103
TELEPHONE: (207) 871-7771, x136
AGENCY:
29-250 - Department of the Secretary of State, Bureau of Corporations,
Elections and Commissions, Division of Elections and Commissions
RULE TITLE OR SUBJECT: Ch. (New), Administrative Complaint Procedure
for Title III of the Help America Vote Act of 2002 (HAVA)
PROPOSED RULE NUMBER: 2003-P141
CONCISE SUMMARY: This new rule establishes an Administrative Complaint
Procedure as required by the Help America Vote Act of 2002 (HAVA). The
rule describes the procedure for the Secretary of State to follow in
resolving complaints of alleged violations of Title III of HAVA.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 21-A MRSA § 222 (Enacted June 3, 2003 as PL 2003,
c. 407)
PUBLIC HEARING: Monday, July 7, 2003, at 10:00 a.m., Cross State Office
Building, 4th Floor, Room 400, 111 Sewall Street, Augusta ME 04333
DEADLINE FOR COMMENTS: Thursday, July 17, 2003 at 5:00 p.m.
AGENCY CONTACT PERSON: Julie Flynn
AGENCY NAME: Department of the Secretary of State, Bureau of Corporations,
Elections and Commissions
ADDRESS: 101 State House Station, Augusta ME 04333-0101
TELEPHONE: (207) 624-7734
ADOPTIONS
AGENCY:
10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual:
Ch. II and III Section 13, Targeted Case Management
ADOPTED RULE NUMBER: 2003-179
CONCISE SUMMARY: These rule changes clarify the Department of Behavioral
and Developmental Services targeted case management, eligibility criteria
and expand access; expand eligible providers for services to the homeless
population and allow coverage for the Healthy Futures benefits.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking
documents.
EFFECTIVE DATE: June 11, 2003
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME
04333-0011
TELEPHONE: (207) 287-9367
FAX: (207) 624-5524
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
AGENCY:
05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 180, Early Intervention and Special
Education for Children Age Birth to Under Age Six
ADOPTED RULE NUMBER: 2003-181
CONCISE SUMMARY: These amendments to Section XII (Procedural Safeguards)
of the rule clarify some language on parental consent to make it clear
where due process rights are available in cases where parental consent
is not given (XII.1(C)), to add language from the federal regulations
re: attorneys' fees (XII.7(G)), and to add language from the federal
regulations re: reimbursement to parents for private placements (XII.7(H))
to comply with United States Department of Education, Office of Special
Education Programs' conditions for funding approval.
EFFECTIVE DATE: June 15, 2003
AGENCY CONTACT PERSON: Laurie Bertulli
AGENCY NAME: Child Development Services State Office
ADDRESS: Cross State Office Building, 5th Floor, #146 State House Station,
Augusta, Maine 04333
TELEPHONE: (207) 624-6660
© Department
of the Secretary of State
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