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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

June 21, 2000
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: 99-420 - Maine Turnpike Authority
RULE TITLE OR SUBJECT: Ch. 1, Rules Governing the Use of the Maine Turnpike
PROPOSED RULE NUMBER: 2000-P111
CONCISE SUMMARY: The Maine Turnpike Authority has amended its rules so that vehicles wider than the current width limit, presently 14 feet for mobile and modular homes and 13 feet for all other vehicles, can travel on the Turnpike rather than on local streets and roads. When such vehicles exceed 10 feet in width in the construction zone, at least two escorts, one in front and one in the rear, will be required. The effect of this rule change will be to promote greater safety on local streets and roads by permitting Turnpike travel for all overwide vehicles and to assure greater safety of such vehicles while travelling on the Turnpike. A few minor editing changes have also been made to the rules.
TIES RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 1965(1)(C), 1973(1) & (2), & 1980(3)
PUBLIC HEARING: Tuesday, July 11, 2000 at 9:00 a.m., Maine Turnpike Authority, 430 Riverside Street, Portland, Maine 04103
DEADLINE FOR COMMENTS: Friday, July 21, 2000 at 5:00 p.m.
AGENCY CONTACT PERSON: Margaret Trueworthy, Secretary Treasurer
AGENCY NAM[E: Maine Turnpike Authority
ADDRESS: 430 Riverside Street, Portland, Maine 04103
TELEPHONE: (207) 871-7771


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Updating Federal Poverty Level Income Guidelines
ADOPTED RULE NUMBER: 2000-247
CONCISE SUMMARY: The policy updates the Federal Poverty Level income guidelines contained in the TANF policy manual.
EFFECTIVE DATE: June 13, 2000
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, subsection 9.15J, Policy and Procedures Manual - Drug and Alcohol Testing of Juvenile Clients
ADOPTED RULE NUMBER: 2000-248
CONCISE SUMMARY: This rule provides a Policy and Procedures that will enable the DOC - Juvenile Services to use the latest technology that has been developed in the field of drug and alcohol testing.
EFFECTIVE DATE: June 13, 2000
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207)287-4342


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 318, Amendment 1 (Emergency): Wells Waste Oil Clean-up Program
ADOPTED RULE NUMBER: 2000-252
CONCISE SUMMARY: This rule amendment extends the filing deadline to apply for grants related to the Portland-Bangor Waste Oil Services sites and establishes the criteria to be met by applicants to obtain loans for payment of the costs of a remedial study related to the Portland-Bangor Waste Oil Services Site in Plymouth, Maine, as well as the terms and conditions of such loans. Rule name is also changed.
EFFECTIVE DATE: June 17, 2000
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE:
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)


AGENCY: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health

CHAPTER NUMBER AND TITLE: Ch. 2, Occupational Safety and Health Standards for General Employment in the Public Sector
ADOPTED RULE NUMBER: 2000-253
CONCISE SUMMARY: This chapter incorporates by reference rules governing occupational safety and health in general employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1910 as most recently amended as of July 1, 1999.

CHAPTER NUMBER AND TITLE: Ch. 3, Occupational Safety and Health Standards for Construction Employment in the Public Sector
ADOPTED RULE NUMBER: 2000-254
CONCISE SUMMARY: This chapter incorporates by reference rules governing occupational safety and health in construction as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1926 as most recently amended as of July 1, 1999.

EFFECTIVE DATE: June 18, 2000
AGENCY CONTACT PERSON: Alan C. Hinsey, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6400


AGENCY: 14-472 - Department of Mental Health, Mental Retardation, and Substance Abuse Services
CHAPTER NUM[BER AND TITLE: Ch. 1, Rights of Recipients of Mental Health Services Who Are Children in Need of Treatment
ADOPTED RULE NUMEBER: 2000-255
CONCISE SUMMARY: This change is being made as required by 34-B MRSA 15002(4). It streamlines and simplifies the grievance and appeal process and, in some instances it may shorten the time limits by which appeal decisions must be made. It also adds mediation as a resolution option and gives persons bringing a grievance the choice of either an administrative hearing or mediation as a means to resolve the grievance. It further clarifies that recipients' rights to confidentiality of records under federal and state law are not affected by these regulations.
EFFECTIVE DATE: July 12, 2000
AGENCY CONTACT PERSON: Lisa Burgess
AGENCY NAMIE: Department of Mental Health, Mental Retardation, and Substance Abuse Services
ADDRESS: 40 State House Station, Augusta, 04333-0040
TELEPHONE: (207) 287-4251


AGENCY: 94-411 - Maine State Retirement System
CHAPTER NUMBER AND TITLE: Ch. 104, Limitations on Earnable Compensation for Purposes of Calculating Average Final Compensation of State Employee and Teacher Members
ADOPTED RULE NUMBER: 2000-256
CONCISE SUMMARY: This rule sets forth the methodology for applying the 5% and 10% cap limitations on earnable compensation for purposes of calculating average final compensation for state employee and teacher members.
EFFECTIVE DATE: June 18, 2000
AGENCY CONTACT PERSON: Sarah Walton
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: 287-3461 or 1-800-451-9800


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