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July 23, 1997
Rule-Making Notice

as it appears in 5 daily Maine newspapers

PROPOSALS
AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #332 Maine Medicaid Eligibility Manual - Waiver for Elderly and Adult with Disabilities
PROPOSED RULE NUMBER: 97- P135
CONCISE SUMMARY: This rule reflects the combination of 2 existing Home Based waivers: (1) for the Elderly, and (2) Adults with Disabilities. This is being done to streamline the eligibility process. In addition, only categorically eligible individuals will get waiver services (monthly income must be less than $1,452). Individuals no longer need to meet the SSI definition of disability, only the medical need criteria for Medicaid.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: To be held at: State Office Building, Room #113, August, 12 1997, 9 am - 11 am
DEADLINE FOR COMMENTS: August 22, 1997
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Rules Implementing the Federal Driver's Privacy Protection Act
PROPOSED RULE NUMBER: 97-P136
CONCISE SUMMARY: This rule establishes the procedures for the disclosure of personal information contained in motor vehicle records in accordance with state and federal law.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA 256 and 18 U.S.C. Chapter 123
PUBLIC HEARING: Thursday, August 14, 1997 at 10:00 AM, Bureau of Motor Vehicles, 101 Hospital Street, Meeting Room #2, Ground Floor, Augusta, ME 04333-0029
DEADLINE FOR COMMENTS: Monday, August 25, 1997
AGENCY CONTACT PERSON: Gregory C. Hanscom, Deputy Secretary of State
AGENCY NAME: Secretary of State, Bureau of Motor Vehicles
ADDRESS: 29 State House Station Augusta, ME 04333-0029
TELEPHONE: 207-287-8985
AGENCY: 02-395 - Department of Professional and Financial Regulation, Plumbers' Examining Board
RULE TITLE OR SUBJECT: All board rules
PROPOSED RULE NUMBER: 97-P137
CONCISE SUMMARY: Rules are being formally converted from paper to machine readable form for official filing with the Secretary of State. There are no substantive changes in the texts of the rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8056 sub-7, 8
PUBLIC HEARING: None; one would be scheduled at the request of 5 or more persons.
DEADLINE FOR COMMENTS: August 22, 1997. Comments are restricted by law to whether the electronic copy of the rule is substantively different from the paper rule.
AGENCY CONTACT PERSON: Cheryl Hersom, Administrator
AGENCY NAME: Department of Professional and Financial Regulation
Plumbers' Examining Board
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: 207/624-8603
AGENCY: 02-031 - Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Chapter 480, High Risk Insurance Organization Notice
PROPOSED RULE NUMBER: 97-P138
CONCISE SUMMARY: This proposal is to repeal a rule which requires insurance agents to give certain notices pertaining to the availability of the Maine High Risk Insurance Organization. The program has been discontinued.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1993 PL Chapter 410 and 477
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: August 25, 1997, 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Legal Secretary, Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423
AGENCY: 02-031 - Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Chapter 860, Alien Insurers; Port of Entry
PROPOSED RULE NUMBER: 97-P139
CONCISE SUMMARY: Sets forth standards applicable to a United States branch of an alien insurer which seeks to utilize the State of Maine as a port of entry to transact insurance in the United States. It provides that a U.S. branch of an alien insurer shall be subject to those laws otherwise applicable to Maine domestic insurers, be required to deposit a specified amount of assets into a trust account kept within this State, be subject to certain reporting requirements as well as miscellaneous additional standards.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A M.R.S.A. 212 and 413-A
PUBLIC HEARING: September 4, 1997, 9:00 a.m., Department of Professional and Financial Regulation 124 Northern Avenue, Gardiner, ME 04345
DEADLINE FOR COMMENTS: September 15,1997 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Legal Secretary, Department of Professional and Financial Regulation Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423
AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Chapter 4 - Hunting and Trapping (4.05 - Moose)
PROPOSED RULE NUMBER: 97-P140
CONCISE SUMMARY: In accordance with 12 MRSA, Section 7463-A, Subsection 14, the Commissioner of Inland Fisheries and Wildlife proposes to adopt rules regarding the establishment and administration of a point system for the annual Moose Hunting Permit drawing beginning with the 1998 permit drawing. These rules will allow a person to accumulate one point for each consecutive year that a person applies, but is not selected, to receive a moose hunting permit. Each point entitles the applicant to one chance in the drawing. A person's accumulated points are eliminated if, in any year, that person is selected to receive a permit or that person fails to purchase a new chance. In addition, the Department proposes to amend the rules pertaining to the auction of moose permits by allowing the Department to either: 1) auction all 5 permits or 2) contract with a non-profit organization to auction a portion of the 5 permits.
STATUTORY AUTHORITY: 12 MRSA 7035,7463-A
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: August 22,1997
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 41 State House Station, Augusta, ME 04330-0041; 287-5201.
AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Migratory Bird Hunting Season
PROPOSED RULE NUMBER: 97-P141
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife scheduled a public hearing to consider adoption of the following rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds (SUBJECT TO CHANGE TO COMPLY WITH FINAL FEDERAL GUIDELINES PUBLISHED IN SEPTEMBER).
1) Ducks (except Black Ducks): NORTH ZONE: October 1 through November 21, 1997. SOUTH ZONE: October 1 through October 25, 1997, November 18 through December 13, 1997
(A 60-DAY REGULAR DUCK SEASON WILL BE CONSIDERED DURING PUBLIC HEARING IF ALLOWED BY FEDERAL FRAMEWORK).
Black Duck Season: NORTH ZONE: October 11 through November 21, 1997. SOUTH ZONE: October 11 through October 25, 1997, November 18 through December 13, 1997
Daily Limit - 4; Possession Limit - 8 with following exceptions:
a. From October 1-10, NO BLACK DUCKS MAY BE TAKEN.
b. Closed season for Harlequin ducks.
c. Daily limit 1; possession limit 2 for black duck, canvasback, pintail, mottled ducks and fulvous tree ducks.
d. Daily limit 2, possession limit 4 for hen mallard, wood ducks and redhead ducks.
e. In addition to the daily limit of 4, two (2) additional teal may be taken per day (either blue-winged teal or green-winged teal). NOTE: A possession limit of 12 is permitted providing that it includes 4 or more teal.
2) Mergansers and American coots: SEASON SAME AS DUCKS.
Daily limit 5; possession limit 10 with the following exceptions:
a. Hooded mergansers:
Daily limit 1, possession limit 2.
b. American coots:
Daily limit 15, possession limit 30.
3) Canada Geese (Special Early Season): September 8 - September 25.
Daily limit 3; possession limit 6.
(AN OCTOBER/NOVEMBER SEASON WILL BE CONSIDERED AT PUBLIC HEARING IF ALLOWED BY FEDERAL FRAMEWORK)
4) Snow Geese: October 1, 1997 - January 31, 1998.
Daily limit 5; possession limit 10.
5) Brant: October 1 - November 4.
Daily limit 2; possession limit 4.
6) Special Falconry Season: In addition to the regular migratory bird season on ducks,
mergansers, American coots:
NORTH ZONE: Nov. 22,1997 -Jan. 31, 1998
SOUTH ZONE: Dec. 20, 1997 - February 28, 1998
Falconry season daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 6 birds respectively, singly or in the aggregate.
7) Sea Ducks: (scoter, cider, old squaw): Oct. 1, 1997 - Jan. 20, 1998.
Daily limit 7; possession limit 14 with following exceptions:
Scoter (Sea Coot),
Daily limit 4; possession limit 8.
8) Woodcock: Oct. 6 - Nov. 4, 1997.
Daily limit 3; possession limit 6.
9) Youth Waterfowl Hunt: September 27,1997. Bag limits as above. Special regulations will apply to youth and accompanying adult.
Copies of the proposed rules may be obtained from the Agency Contact Person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 12 MRSA, Sections 7035 and 7456
PUBLIC HEARING: Tuesday, August 12, 1997 at 7:00 p.m. at the Augusta Civic Center.
DEADLINE FOR COMMENTS: August 22,1997.
AGENCY CONTACT PERSON: Ken Elowe, Inland Fisheries and Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333; telephone: 287-5252.
AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Schedule of Minimum Prices - Order #97-09
PROPOSED RULE NUMBER: 97-P142
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. 2954 and 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., Thursday, August 14, 1997
Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: August 14, 1997
NAME: John H. Richards, Deputy Commissioner
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741
ADOPTIONS
AGENCY: 29-250 - Secretary of State - Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Chapter 162- Rules Governing the Administration of the International Registration Plan
ADOPTED RULE NUMBER: 97-238
CONCISE SUMMARY: The purpose of this rulemaking process is to amend some of the procedures governing the IRP and to formerly collect Federal US DOT numbers.
EFFECTIVE DATE: July 6, 1997
AGENCY CONTACT PERSON: Maurice J. Dionne Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station Augusta, Maine 0433')-0029
TELEPHONE: 207.287.8633

AGENCY: 09-137 - Department of Inland Fisheries & wildlife
TYPE OF RULE: Amendment of Existing Rule

CHAPTER NUMBER AND TITLE: Chapter 4 - 4.01(G) - Seasons on Furbearing Animals
ADOPTED RULE NUMBER: 97-239
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing the hunting and trapping seasons on forbearing animals. A copy of the detailed rule may be obtained from the Agency Contact Person.

CHAPTER NUMBER AND TITLE: Chapter 4 - (4.03 Deer Hunting Seasons)
ADOPTED RULE NUMBER: 97-240
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing a special expanded archery deer hunting season in 1997 from September 6 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) Deer Management District 18;
2) The area within the following bounds:
* Piscataqua River from Atlantic Ocean to I-9S Bridge in Kittery, then
* NE along I-95 to the Maine Turnpike Exit 9 access road in Portland, then
* E along Exit 9 I-95 access road to Maine Central Railroad Tracks in Portland, then
* NE along Maine Central tracks to I-95 in Freeport, then
* NE along I-95 to the Androscoggin River in Brunswick, then
* NE along the Androscoggin River to the Kennebec River in Bath, then
* S along the Kennebec River to the Atlantic Ocean in Phippsburg, then
* SW along the coast to the Piscataqua River in Kittery.

EFFECTIVE DATE: July 14, 1997
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, Division of Plant Industry
CHAPTER NUMBER AND TITLE: 01-001, Chapter 252, Rules Governing Certification of Seed Potatoes in the State of Maine.
ADOPTED RULE NUMBER: 97-241
CONCISE SUMMARY: This rule change reduces the fees charged to seed potato producers who enter pre-nuclear seed (mininitubers and/or plantlets) in the Seed Potato Certification Program if they provide the labor necessary to collect leaf samples from the resultant field for disease testing purposes. Currently that labor is provided by Department staff. If the Department provides the labor to collect the leaf samples, the current fee will apply.
EFFECTIVE DATE: July 16, 1997
AGENCY CONTACT PERSON:
NAME: Terry L. Bourgoin
ADDRESS: Division of Plant Industry, 28 State House Station, Augusta, Maine 04333
PHONE NUMBER: 298-3891
AGENCY: 01-015 - Maine Milk Commission

CHAPTER NUMBER AND TITLE: Chapter #3 - Schedule of Minimum Prices - Order # 97-08
ADOPTED RULE NUMBER: 97-246
CONCISE SUMMARY: Minimum August, 1997 producer Class I set at $14.28 and a Northeast Interstate Dairy Compact over order price of $2.96. August, 1997 Class II goes to $11.04 and Class III minimums set at $10.63. A $.30 premium is included in the Class I minimums. These changes were passed on in minimum prices.

CHAPTER NUMBER AND TITLE: #29 - DEALER MARGINS - ORDER 97-08(DM) DEALER MARGINS
ADOPTED RULE NUMBER: 97-247
CONCISE SUMMARY: This chapter establishes the minimum dealer margin for milk sold in various containers. The dealer margin covers the costs to receive, process and distribute milk. These minimum margins are required to be studied every three years.
EFFECTIVE DATE: August 1, 1997
AGENCY CONTACT PERSON: John H. Richards, Deputy Commissioner, Maine Milk Commission, Deering Building - Station #28, Augusta ME 04333-0028
TELEPHONE: 207-287-7521


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