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Weekly Rulemaking Notices Contact Us Find It

July 17, 2002
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: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 803, Participating Local District Consolidated Retirement Plan
PROPOSED RULE NUMBER: 2002-P186
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendments provide alternative eligibility requirements for specific members to purchase military service, modify the index on which cost-of-living adjustments are based, bring State law into compliance with Federal law for continuation of benefits when military service is rendered, modify the groups of employees that may be covered by a special plan, amend the earnings limitation for specific disability benefit recipients, modify the restoration to service provisions, and make other clarifications and corrections to the rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 17103, sub-4 and 18801 et seq.
PUBLIC HEARING: August 8, 2002; 9:05 a.m., Maine State Retirement System, Second Floor Conference Room, Two Central Plaza, Augusta, Maine 04333
DEADLINE FOR COMMENTS: August 19, 2002
AGENCY CONTACT PERSON: Kathy Morin
AGENCYNAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 287-3461 or 1 (800) 451-9800


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 140, Uniform System of Accounts for Gas Utilities
PROPOSED RULE NUMBER: 2002-P187
CONCISE SUMMARY: To specify and clarify annual reporting requirements for natural gas utilities and to establish that natural gas utilities may request confidential treatment for sensitive competitive information contained in the annual report.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 101, 103, 104, 111, 112, 501, 502, and 504.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 9, 2002
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission.
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 24, Home Energy Assistance Program
PROPOSED RULE NUMBER: 2002-P188
CONCISE SUMMARY: The Home Energy Assistance Program rule is being amended to: (1) allow additional subgrantees with MSHA's prior approval to participate in MSFWs actual consumption-based program; and (ii) change the program start-up date to October 1- of each year for priority applicants and households with a direct heating cost.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4722(1)(W), 4741(15) and 4991 et seq.
PUBLIC HEARING: Tuesday, August 6, 2002, 9:00 a.m., Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: August 16, 2002, 5:00 p.m.
AGENCY CONTACT PERSON: Peter Wintle, EHS Division Director
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 231, State of Maine Rules Relating to Drinking Water
PROPOSED RULE NUMBER: 2002-P189
CONCISE SUMMARY: The changes to the State of Maine Rules Relating to Drinking Water involve updating the specific rule sections to coincide with the changes mandated by the Federal Safe Drinking Water Act and the changes made to Maine Statute.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 601, Subchapter I, 2605
PUBLIC HEARING: August 5, 2002 from 1:00 p.m.- 3:00 p.m., at 219 Capitol Street, Augusta, Maine.
DEADLINE FOR COMMENTS: August 23, 2002
AGENCY CONTACT PERSON: Ebrahim Habib
AGENCY NAME: Drinking Water Program
ADDRESS: 10 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-6471
TYY: (207) 287-2070


ADOPTIONS

AGENCY: 18-389 - Department of Administrative and Financial Services, Bureau of Human Resources
CHAPTER NUMBER AND TITLE: Ch. 15 (new), The Maine Management Service, Civil Service Rules
ADOPTED RULE NUMBER: 2002-251
CONCISE SUMMARY: Ch. 15 extends the existing Civil Service Rules to incorporate the "Maine Management Service" (MMS) into the State Service. The MMS includes all confidential executives and managers who directly manage Maine's public service programs, serve as a manager or consultant in management support functions, and confidential employees who provide advice and assistance to executives as a member of an agency's senior management team. Ch. 15 applies to all classified confidential managers who satisfy the criteria for MMS positions (as prescribed in Section 1 of the chapter) and supersedes Ch. 4, 5, 6, 7, 8, 12 (Sections 1, 2,and 4) and 13 of the Civil Service Rules. Sections 4 and 5 of Ch. 15 apply to unclassified confidential managers whose positions are, by law, subject to the same classification and compensation standards as classified employees. The MMS recognizes the unique nature of confidential executive and management positions in State Government, the importance of strong management, the need to provide greater flexibility and responsibility for managers in hiring, employee development, performance management, and career advancement. The MMS recognizes that human resource decisions, including hiring process and salary considerations, are best handled by individual agencies in an environment that preserves fairness, statewide equity, and merit principles for classified confidential managers.
EFFECTIVE DATE: July 13, 2002
AGENCY CONTACT PERSON: Philip J. Schlegel
AGENCY NAME: Bureau of Human Resources
ADDRESS: 4th Floor, Cross Office Building, 4 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-7369


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence

CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF) - Collection of Overpayments - Rev. #61-A
ADOPTED RULE NUMBER: 2002-257
CONCISE SUMMARY: This rule prohibits the Department of Human Services from collecting overpayments accrued in certain public benefit programs from individuals who were minors in the household at the time that their parents or other caretaker relative received the overpaid benefits.

CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF) - Use of Designated Address - Rev. #62-A
ADOPTED RULE NUMBER: 2002-258
CONCISE SUMMARY: This rule:
- requires the Department to accept a designated address as a program participant's address when the participant verifies their certification in the Address Confidentiality Program (ACP), administered by Maine's Secretary of State.
- confirms that timely decisions and notices will be mailed to the designated address of participants in the Address Confidentiality Program; and warns that since the ACP is a mail forwarding service, participants will experience delays in getting decisions and checks.
- corrects a typographical error, and
- amends the policy concerning the purging of case records.

CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF) - Recovery from Drug Addiction, Rev. #63-A
ADOPTED RULE NUMBER: 2002-259
CONCISE SUMMARY: This rule implements the State's option to provide public assistance to individuals convicted of drug-related felonies.

EFFECTIVE DATE: July 14, 2002
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 03-201 - Maine Department of Corrections

RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedures Manual, Subsection 20.2, Drug and Alcohol Testing of Adult Clients
ADOPTED RULE NUMBER: 2002-260
CONCISE SUMMARY: The Maine Department of Corrections is adopting a proposal to revise the existing policy, procedures, and rules governing the drug and alcohol testing of adult clients pursuant to Title 34-A MRSA 3036-A to reflect organizational and operational changes.

RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedures Manual, Subsection 15.4, Drug and Alcohol Testing of Juvenile Clients
ADOPTED RULE NUMBER: 2002-261
CONCISE SUMMARY: The Maine Department of Corrections is adopting a proposal to revise the existing policy, procedures, and rules governing the drug and alcohol testing of juvenile clients pursuant to Title 34-A MRSA 3036-A to reflect organizational and operational changes.

EFFECTIVE DATE: July 14, 2002
AGENCY NAME: Maine Department of Corrections
AGENCY CONTACT PERSON: Ellis King
ADDRESS: State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 140, Part 70 Air Emission License Regulations (Amendments)
ADOPTED RULE NUMBER: 2002-262
CONCISE SUMMARY: The Department has amended Ch. 140 of the Department's regulations to incorporate changes to the federal 112(j) (MACT) program. These amendments will allow major HAP sources to submit required MACT determination information in two parts. The Part I MACT application requires general information about the source and its emission points and was due on May 15, 2002. The Part 2 MACT application, due 24 months later, requires detailed information on the source, its emission sources and on the control technologies available for these emission points.
EFFECTIVE DATE: July 15, 2002
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


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