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July 22, 1998
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: 04-061 - Maine Land Use Regulation Commission (LURC)
RULE TITLE OR SUBJECT: Ch. (New), Rules to Implement Watercraft Ban on Certain Lakes
PROPOSED RULE NUMBER: 98-P119
CONCISE SUMMARY: In the most recent session of the Legislature, legislation was passed and signed into law (Public Law 1998, Chapter 739) which prohibits the operation of personal watercraft on 245 lakes within the Maine Land Use Regulation Commission's jurisdiction. The Commission will hold a public hearing on proposed rules to implement this legislation at the times and locations noted below. This legislation also requires the Commission, the Department of Inland Fisheries and Wildlife, and the Bureau of Parks and Lands to prepare a joint report no later than January 1, 1999, to the Legislature on the regulation of surface water uses on waters within the Commission's jurisdiction. The report must describe the authority of each agency to regulate surface water uses and may include recommendations for surface water use regulations on other specific water bodies or classes of water bodies within the Commission's jurisdiction. The Commission will use information obtained through the public hearing as a basis to recommend additional lakes where the operation of personal watercraft should be restricted or to recommend that the prohibition on their use on certain lakes be repealed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Chapter 206-A
PUBLIC HEARING: The hearing will be held:
Wednesday, July 15, 1998, Rangeley Inn, Main Street, Rangeley
Tuesday, July 28, 1998, Greenville High School Gymnasium, Pritham Ave., Greenville
Thursday, August 6, 1998, Shiretown Atrium Restaurant, North Road, US 1, Houlton
Wednesday, August 19, 1998, Holiday Inn, 215 High Street, US 1 A, Ellsworth
Each session will begin at 6:00 p.m.
All interested persons are invited to attend and offer testimony. Time limits on oral testimony may be imposed in order to allow all who care to testify to do so.
DISABILITIES: Persons with disabilities planning to attend the hearing are requested to inform the Commission in advance so that arrangements can be made for services they may require.
DEADLINE FOR COMMENTS: The hearing record will remain open until Thursday, September 3, 1998, to allow interested persons to file written statements with the Commission, and for an additional 7 days, until Thursday, September 10, 1998, to allow interested persons to file written statements in rebuttal of statements filed during the open comment period.
AGENCY CONTACT PERSON: Fred Todd
AGENCY NAME: Maine Land Use Regulation Commission
ADDRESS: 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: 207-287-2631 or 1-800-452-8711
INTERNET ADDRESS: fred.todd@maine.gov
John S. Williams, Director, Maine Land Use Regulation Commission

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 800, Hazardous Matter Identification, Spill Reporting and Spill Removal
PROPOSED RULE NUMBER: 98-P148
CONCISE SUMMARY: This rule identifies certain substances as hazardous matter, the discharge of which is prohibited under 38 MRSA l 317-A, and specifies -the manner by which prohibited discharges must be reported and removed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: Title 38, Maine Revised Statutes Annotated, section 1319.
PUBLIC HEARING: August 12, 1998,1:30 p.m., Holiday Inn, Community Drive, Augusta (1-95, Exit 31).
DEADLINE FOR WRITTEN COMMENTS: Friday, September 11, 1998
AGENCY CONTACT: John James, DEP-BRWM, 17 SHS, Augusta ME 04333
TELEPHONE: 287-7866


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25, Lobster Trap Limits Established by Lobster Management Zones PROPOSED RULE NUMBER: 98-P149
CONCISE SUMMARY: The Commissioner is sending to rule-making the recommendation from the lobster management zone council for Zone F to enact a reduction in the number of lobster traps allowed to be fished by license holders in Zone F. The maximum number of lobster traps would be 1000 traps as of March 1, 1999 and 800 traps as of March 1, 2000. This proposed rule was approved by zone members in a zone-wide referendum.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6446 and 6447
PUBLIC HEARING: None required, 12 M.R.S.A. 6446(4).
DEADLINE FOR COMMENTS: August 21,1998
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #98-09
PROPOSED RULE NUMBER: 98-P150
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. Section 2954 & 5 M.R.S.A. Section 8054
PUBLIC HEARING: 2:00 p.m. Thursday, August 13, 1998, Maine Dairy and Nutrition Council Building, Cony Road, Augusta, Maine 04330
DEADLINE FOR COMMENTS: August 13, 1998
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building, Station 28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 98-P151
CONCISE SUMMARY: Establishes a state funded Food Stamp program for legal immigrants who were determined to be ineligible due to their immigrant status as a result of welfare reform in August, 1996. The program is funded through June 30, 1999. This program is the result of legislation enacted by the 118th Legislature.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 21, 1998
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 128, Rules and Regulations Governing the Functioning of the Maine Registry of Certified Nursing Assistants
PROPOSED RULE NUMBER: 98-P152
CONCISE SUMMARY: These revised regulations will allow Certified Nursing Assistants a "second chance"' to reapply for placement on the Maine Registry of Certified Nursing Assistants one (1) year after denial for filing a fraudulent or deceitful or misrepresenting application.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 42 C.F.R. 483.156(c); 22 M.R.S.A. 1812-G(2)
DATE(S)/PLACE(S) OF HEARING(S): August 11, 1998 at 1:30 p.m., 2nd Floor Conference Room, Division of Licensing & Certification, 35 Anthony Ave., #11 SHS, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: August 21, 1998
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
TTY: (207) 624-5512
FAX: (207) 624-5378


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 37(?), Energy Conservation Programs by Electric Transmission and Distribution Utilities
PROPOSED RULE NUMBER: 98-P153
CONCISE SUMMARY The purpose of this chapter is to implement the State's policy of promoting energy conservation by establishing a reasonable level of funding for programs and requiring every electric transmission and distribution utility to select a contractors to operate energy conservation programs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A, M.R.S.A. 3211
PUBLIC HEARING August 25, 1998, 9:00 a.m. to 12:00 p.m., Public Utilities Commission Hearing room, 242 State Street, Augusta, Maine, 04333. Please notify the PUC if special accommodations are needed in order to make this hearing accessible to you by calling 1-287-1396 or TTY 1-800-437-1220. Requests for reasonable accommodations must be received 48 hours before the scheduled event.
DEADLINE FOR COMMENTS: September 11, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18 Augusta, Maine, 04333-0018
TELEPHONE: 287-6078


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 80, Pharmacy Services
PROPOSED RULE NUMBER: 98-P154
CONCISE SUMMARY: This rule changes the method used by the Department for charging for the use of its electronic claims processing system for pharmacy services. A copy of the proposed rule can be obtained by contacting the Agency Contact Person listed below or at the office of your local County Commissioner.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: None is scheduled unless five (5) or more people request a hearing in writing to the agency contact person listed below, before the comment deadline.
DEADLINE FOR COMMENTS: August 21, 1998
AGENCY CONTACT PERSON: Moe Gagnon, Medical Care Administrator
AGENCY NAME: Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5527
TTY: 1-207-287-1828


AGENCY: 04-058 - Department of Conservation, Bureau of Forestry
RULE TITLE OR SUBJECT: Ch. 20, Forest Regeneration and Clearcutting Standard,
PROPOSED RULE NUMBER: 98-P155
CONCISE SUMMARY: The existing rule sets the standards for forest regeneration after timber harvesting, and performance standards for clearcuts. The proposed rule amends the existing rule to incorporate existing and new legislation in the rule to include: procedures for notifying the Bureau of proposed commercial timber harvesting activities and changes in the law that affect the size, arrangement and regeneration of clearcuts.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 8867-A.
PUBLIC HEARING: Will be held at four locations, from 2:30 - 4:30 p.m. and 7 - 9 p.m.
Tuesday - August 18 - Oxford Hills High School - Mulitpurpose Room, South Paris
Thursday - August 20 - Ellsworth Middle School Cafeteria, 20 Forest Avenue, Ellsworth
Tuesday - August 26 - University of Maine Presque Isle - Grand Ballroom
Thursday - August 27 - Augusta Civic Center - Capitol/Pine Tree Room
DEADLINE FOR COMMENTS: September 7, 1998
AGENCY CONTACT PERSON: Jim Blanck, Chief Planner, Bureau of Forestry, Statehouse Station 22, Augusta, ME 04333
PHONE: 207-287-2791


AGENCY: 01-017 - Department of Agriculture, Food and Rural Resources, Maine Harness Racing Commission
RULE TITLE OR SUBJECT: Ch. 11, Maximum Acceptable Test Levels
PROPOSED RULE NUMBER: 98-P156
CONCISE SUMMARY: The Maine Harness Racing Commission is proposing to adopt rules that would change the acceptable test levels of the Blood Gas Testing Program. These new test levels would reflect the change that has been accepted throughout the industry.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA, Sec. 268
PUBLIC HEARING: August 10,1998, 9:00 a.m., Room 120, State Office Building, Augusta, ME
DEADLINE FOR COMMENTS: August 21,1998
AGENCY CONTACT PERSON: Henry W. Jackson
AGENCY NAME: Maine Harness Racing Commission
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221


ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine (FAME)

CHAPTER NUMBER AND TITLE: Ch. 307, Maine Seed Capital Tax Credit Program, Amendment 3
ADOPTED RULE NUMBER: 98-296
CONCISE SUMMARY: This third amendment to the Rule adds provisions relating to investments in private venture capital funds, the eligibility of which was expanded by recent legislation. In addition, the amendment expands eligible businesses to include "high tech" type businesses, also in accordance with recent legislation.

RULE TITLE OR SUBJECT: Ch. 601, Amendment 4 : The Maine Student Incentive Scholarship Program (MSISP)
ADOPTED RULE NUMBER: 98-297
CONCISE SUMMARY: The rule amendment implements recent statutory amendments. It provides for an increase of the minimum award to $1000 for individuals attending public institutions of higher education. The amendment eliminates the requirement that awards made to students attending private institutions of higher education must be two times the amount of awards to students attending public institutions of higher education.

CHAPTER NUMBER AND TITLE: Ch. 607, Access to Medical Education and Health Professions Loan Program, Amendment 3
ADOPTED RULE NUMBER: 98-298
CONCISE SUMMARY: This third amendment to the Rule allows the Authority to require by agreement that a contract student participate in a presentation on careers in the health profession during their education, as a condition for participating in the Medical Access Program, in an effort to encourage more persons to aspire to careers in the health profession. The amendment also allows the addition of other terms and conditions to the agreements so long as they are deemed necessary to accomplish the goals of the program. Finally, provisions are amended to conform to recently enacted legislation adding veterinary medicine eligibility to the program for students interested in large animal medicine.

EFFECTIVE DATE: July 13, 1998
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine (FAME), P.O. Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)


AGENCY: 02-070 - Department of Professional and Financial Regulation, Office of Licensing, and Registration, Board of Certification for Geologists and Soil Scientists
RULE TITLE OR SUBJECT:
New Ch. 1 - Definitions
New Ch. 2 - General Information
Amendment to Chapter 3 - Code of Ethics
New Ch. 4 - Certification Requirements
New Ch. 5 - Fees
New Ch. 6 - Complaints, Investigations and Adjudicatory Hearings
Repeal Ch. 1 - Review of Applications for Certification
Repeal Ch. 2 - Requests for Advisory Rulings
ADOPTED RULE NUMBER: 98-299 through 98-306
CONCISE SUMMARY: The rules will establish guidelines relating to meetings, advisory rulings, and maintenance of records. The rules describe the procedure to be followed in determining whether an applicant is eligible to be certified as a geologist or soil scientist as well as set forth the fees to be charged for all licenses issued by the Board. The rules also describe the procedure by which complaints and adjudicatory hearings will be handled by the Board.
EFFECTIVE DATE: July 14, 1998
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife

TYPE OF RULE: Hunting and Trapping - Seasons on Furbearing Animals
CHAPTER NUMBER AND TITLE: Ch. 4 - 4.01
ADOPTED RULE NUMBER: 98-307
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing the hunting and trapping seasons on furbearing animals. The rule was adopted as proposed.
EFFECTIVE DATE: July 15, 1998

TYPE OF RULE: Hunting and Trapping - Deer
CHAPTER NUMBER AND TITLE: Ch. 4 - (4.03 Deer Hunting Seasons)
ADOPTED RULE NUMBER: 98-311
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing a special expanded archery deer hunting season in 1998 from September 8 through September 30. All provisions of 12 MRSA Section 7102-A and 7102-B apply during this season. This special expanded archery deer hunting season will be open only in the following areas:
1) Specific areas in the towns of Bangor, Brewer, Orono, Old Town, Hampden, Hermon, Veazie, Camden, Rockland, Rockport, Thomaston, Owls Head, Waterville, Winslow, Oakland, Sidney, Benton, Fairfield, Augusta, Hallowell, Farmingdale, West Gardiner, Gardiner, Lewiston, Auburn, Hebron, Minot, Scarborough, Westbrook, Falmouth, Cumberland, Portland, South Portland, Windham, North Yarmouth, Yarmouth, South Berwick, Kittery, Eliot. The detailed description of the areas open within these towns is available from the Agency Contact Person listed below.
2) Wildlife Management District 24
3) Wildlife Management District 30
In addition, deer transportation requirements has been amended to allow the use of any of the following for transporting deer: the tag provided with their license; a tag provided by the hunter bearing their full name, address and hunting license number; their any-deer permit; or their hunting license. The punch-out on licenses to invalidate is no longer required.
EFFECTIVE DATE: July 19, 1998

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: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 226, Rules Governing the Administration of Certain Substances to Animals Entered in Pulling Competitions
ADOPTED RULE NUMBER: 98-312
CONCISE SUMMARY: The rule outlines the procedures for testing animals suspected of being drugged. It outlines testing procedures, communication of results, and the hearing process.
EFFECTIVE DATE July 19, 1998
AGENCY CONTACT PERSON: Shelley Falk, Director
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 59 State House Station, Augusta, Maine 04333
TELEPHONE: 207-287-7610


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #98-08
ADOPTED RULE NUMBER: 98-313
CONCISE SUMMARY: Minimum August, 1998 producer Class I set at $16.34 and a Northeast Interstate Dairy Compact over order price of $0.60. August, 1998 Class II goes to $13.40 and Class III minimums set at $12.99. These changes were passed on in minimum prices.
EFFECTIVE DATE: August 1, 1998
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building, Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 820, Requirements for Non-Core Utility Activities & Transactions Between Affiliates
ADOPTED RULE NUMBER: 98-314
CONCISE SUMMARY: This rule describes the record keeping, accounting and structural requirements that Maine utilities must comply with if they engage in non-core business ventures consistent with the requirements in 35-A M.R.S.A. 503, 703, 707, 708, 714 and 715.
EFFECTIVE DATE: August 14, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-6078


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. VI, Section 1, Primary Care Case Management
ADOPTED RULE NUMBER: 98-315
CONCISE SUMMARY: This rule updates covered primary care case management services under the PrimeCare Program and revises primary care case management services that are exempt from authorization, requirements for recipient participation, requirements for providers, exclusions and exemptions.. Copayments will not be applicable when billing under the PrimeCare Program. Outreach education, enrollment and EPSDT administrative functions are components of the program and are administrated by a Health Benefits Advisor organized within the Department or its contracted agency.
EFFECTIVE DATE: July 14, 1998
AGENCY CONTACT PERSON: Julia White, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-5517
TTY:(207) 287-1828


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