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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

August 2, 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: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 15, Penalties, Sections 5, 7, & 10
PROPOSED RULE NUMBER: 2000-P157
CONCISE SUMMARY: The proposed rule delegates the authority to decide specific penalty requests to the Executive Director or the Executive Director's designee.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA 152(7); 313; 324(3); 360(2)
PUBLIC HEARING: Tuesday, August 22, 2000, 2:00 p.m., Workers' Compensation Board, Central Office, AMHl Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta,
Maine
DEADLINE FOR COMMENTS: Friday, September 1, 2000, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta ME 04333-0027
TELEPHONE: 207-287-7094


AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 5, Energy Cost and Utility Allowance Determinations Rule
PROPOSED RULE NUMBER: 2000-P161
CONCISE SUMMARY: The purpose of the proposed amendment is to modify the Rule with respect to (i) initial occupancy calculations, (ii) modification of the utility allowance system after initial occupancy, (iii) annual review under the utility allowance system, (iv) the applicability of the Rule to rent restricted units, and (v) completion of minor technical corrections to the Rule. Complete copies of the proposed amended Energy Cost and Utility Allowance Determinations Rule are available at the Maine State Housing Authority.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4741(1)
PUBLIC HEARING: August 22, 2000, 9:30 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: September 1, 2000
AGENCY CONTACT PERSON: Erin Rodriguez, Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633
TELEPHONE:
(207) 626-4600 (voice)
(800) 452-4603 (TDD)


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 29, Seaweed Regulations
PROPOSED RULE NUMBER: 2000-P162
CONCISE SUMMARY: The Department recommends the proposed regulations on the reporting and harvest of seaweed. The proposed regulations would establish a minimum harvest cutting height for rockweed, Ascophyllum nodosum, and mandatory reporting requirements for all licensed seaweed harvesting activity.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6803, 6807 and 6171
PUBLIC HEARING:
Monday, August 21, 2000, 6:00 p.m., Middle School Cafeteria, 24 Forest Avenue, Ellsworth; and
Wednesday, August 23, 2000, 6:00 p.m., DMR Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
DEADLINE FOR COMMENTS: Friday, September 2, 2000
AGENCY CONTACT PERSON: Pete Thayer
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9539


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 13.08, Watercraft (Motor Size Regulations on Certain Inland Waters)
PROPOSED RULE NUMBER: 2000-P163
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to schedule a public hearing to consider the following watercraft regulations:
Seal Cove and Hodgdon Ponds, Tremont, Hancock County: Motorboats over 10 horsepower prohibited.
TIHS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7792
PUBLIC HEARING: August 24, 2000; Tremont Community Building, Tremont, ME - 6:30 p.m.
DEADLINE FOR COMMENTS: September 4,2000
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4.02, Migratory Bird Hunting Season
PROPOSED RULE NUMBER: 2000-P164
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has 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
Ducks (except Black Ducks):
NORTH ZONE: October 2 through December 2, 2000
SOUTH ZONE: October 2 through October 14, 2000; November 6 through December 23, 2000
Black Duck Season:
NORTH ZONE: October 7 through December 2, 2000
SOUTH ZONE: October 7 through October 14, 2000; November 6 through December 23, 2000
Daily Limit - 4; Possession Limit - 8 with the following exceptions:
a. From October 2 - 6, NO BLACK DUCKS MAY BE TAKEN.
b. Closed season for Harlequin ducks.
c. Daily limit 1; possession limit 2 for black ducks, pintail, canvasback, 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 5 - September 25, 2000. Daily limit 5; possession limit 10.
Regular Goose Season - (If offered)
NORTH ZONE: October 2 - November 16, 2000
SOUTH ZONE: October 7 -November 22, 2000 Daily limit: 2; possession limit: 4
4) Snow Geese:
October 2, 2000 - January 31, 2001. Daily limit 15; no possession limit.
5) Brant:
October 2 - November 28, 2000. 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: Dec. 4, 2000 -Feb. 1, 2001
SOUTH ZONE: Dec. 30, 2000 - February 28, 2001
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, eider, old squaw):
Oct. 2, 2000 - Jan. 20, 2001. Daily limit 7; possession limit 14 with following exceptions: Scoter (Sea Coot): daily limit 4; possession limit 8. Common Eider: daily limit 5; possession limit 10.
8) Woodcock:
Oct. 6 - Nov. 4, 2000. Daily limit 3; possession limit 6.
9) YOUTH WATERFOWL HUNT:
September 23, 2000. Bag limits as above except that youth hunters may take 1 black duck. 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 7035 and 7456
PUBLIC HEARING: Tuesday, August 22, 2000 at 6:30 p.m. at the Augusta Civic Center, Sagadahoc Room, Civic Center Drive, Augusta, ME.
DEADLINE FOR COMMENTS: August 22, 2000
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333
TELEPHONE: 287-5201.


ADOPTIONS

AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 2, Section 213 Compensation for Partial Incapacity; Section 2(3) Extension of 260-week limitation
ADOPTED RULE NUMBER: 2000-303
CONCISE SUMMARY: This rule provides a 52-week extension for partial incapacity benefits pursuant to 39-A MRSA 213(4).
EFFECTIVE DATE: July 24, 2000
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207-287-7094


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 14, Review by Full Board
ADOPTED RULE NUMBER: 2000-304
CONCISE SUMMARY: The rule extends the timeframe within which the Board will vote to grant or deny a request for review pursuant to 39-A MRSA 320 in cases where a motion for findings of fact is filed after a Hearing Officer has requested review. It also states that the Board will only consider the Hearing Officer's decision (including any findings of fact), the Hearing Officer's request, and a summary provided by staff.
EFFECTIVE DATE: July 24, 2000
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207-287-7094


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Community Spouse Minimum Income Standard and Shelter Allowance - 2000
ADOPTED RULE NUMBER: 2000-305
CONCISE SUMMARY: This rule applies to those in a nursing home who are covered by Medicaid and who have a spouse living at home. The person in the nursing home can give some of their income to their spouse at home. This amount is disregarded when determining how much the person must pay towards the cost of their nursing home care. The amount given to the spouse at home is based on a formula. The amounts used in the formula are increasing. The minimum monthly income standard will be $1,407 and the shelter allowance will be $422, effective July 1, 2000.
EFFECTIVE DATE: July 29, 2000
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 36.01, Herring Management Plan
ADOPTED RULE NUMBER: 2000-306
CONCISE SUMMARY: The Department of Marine Resources has adopted changes to the herring management plan regulations to bring those regulations into compliance with the Atlantic States Marine Fisheries Commission, Amendment One to the Interstate Fisheries Management Plan for Atlantic sea herring. The definition of spawn herring no longer includes gonad maturity at stage IV and the definition for a "herring" dealer has been added. The requirements for a herring dealer permit have been clarified. The spawning area restrictions have been redefined using three discrete areas. Each area has individual fishing restriction dates based upon the maturity of the herring or an automatic closure date. The transport exemption notification requirement has been repealed. Minor grammar and technical corrections have also been made.
EFFECTIVE DATE: July 29, 2000
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: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.90(B)(1), Swans Island Area Lobster Trap Regulation
ADOPTED RULE NUMBER: 2000-307
CONCISE SUMMARY: The Department has adopted a technical correction in the definition of the area description for the Swans Island Area Lobster Trap Regulation. The 160-degree True bearing and the reverse 340-degree bearing have been changed to 165 and 345 degrees True to be consistent with the established landmarks and Loran numbers in the regulation.
EFFECTIVE DATE: July 29, 2000
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:
10-144 - Department of Human Services;
10-148 - Department of Human Services, Bureau of Elder and Adult Services

CHAPTER NUMBER AND TITLE: 10-144, Ch. 551 and 10-148, Ch. 551, Home Based Care Act Rules
ADOPTED RULE NUMBER: 2000-309
CONCISE SUMMARY: These emergency rules repeal Chapter 551 of the Bureau of Maine's Elderly and the Bureau of Social Services of the Department of Human Services. Chapter 551 was originally a joint rule of those two bureaus and the Bureau of Rehabilitation Services of the Department of Labor. When administration of the Consumer Directed Personal Care Assistant Services Program was transferred to the Bureau of Elder and Adult Services (successor to Bureau of Maine's Elderly) in 1998, the Department of Labor repealed 12-152, Chapter 551 as required. The Department of Human Services inadvertently omitted accomplishing the required repeal of Chapter 551 at that time. This emergency filing corrects that omission. The rules governing the state funded Home Based Care Program are in Sections 63 and 73 in 10-149 Ch. 5, Bureau of Elder and Adult Services Policy Manual. The Bureau of Child and Family Services (successor to Bureau of Social Services) currently has no role in administration of the Home Based Care Program.
EFFECTIVE DATE: July 25, 2000
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE:
(207) 624-5335
TOLL FREE: 1 (800) 262-2232
TOLL FREE TTY: 1 (888) 720-1925


AGENCY: 17-229 - Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 304, Criteria for the Functional Classification of Highways
ADOPTED RULE NUMBER: 2000-310
CONCISE SUMMARY: The Department adopted these amendments to the existing rule to further define the distinction between local roads and collector roads.
EFFECTIVE DATE: July 31, 2000
AGENCY CONTACT PERSON: Peter Coughlan
AGENCY NAME: Maine Department of Transportation
ADDRESS: 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: 207-287-2152


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 107, Rules for the Maine Medical Eye Care Program
ADOPTED RULE NUMBER: 2000-314
CONCISE SUMMARY: This rule makes a number of changes including: updating the income eligibility guidelines; clarifying the eligibility criteria; updating the conditions of care to reflect more current medical criteria; and clarifying language.
EFFECTIVE DATE: August 15, 2000
AGENCY CONTACT PERSON:, Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: #11 SHS, 35 Anthony Avenue, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514
TTY (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 Child Age Birth to Under Age Six
ADOPTED RULE INUMBER: 2000-315
CONCISE SUMMARY: The rule governs the administration of the Childfind system for children age birth to under age six (B-5), the provision of early intervention services to eligible children age birth to under age three (B-2) with disabilities and their families, and the provision of special education and related services to eligible children age three to under age six (3-5) with disabilities and their families, implementing 20-A MRSA c.307-A. The rule is being amended to reflect changes in the State law, and the federal Individuals with Disabilities Education Act (IDEA--1997 amendments), which govern this program.
EFFECTIVE DATE: August 2, 2000
AGENCY CONTACT PERSON: Joanne C. Holmes, Early Childhood Consultant
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333
TELEPHONE: 287-3272


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