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August 11, 1999
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: 99-346 - Maine State Housing Authority

RULE TITLE OR SUBJECT: Ch. 1, Home Mortgage Program Rule
PROPOSED RULE NUMBER: 99-P143
AGENCY CONTACT PERSON: Erin Rodriguez

RULE TITLE OR SUBJECT: Ch. 4, Eviction Procedures Under the Section 8 Existing Housing Program and. the Section 23/8 Conversion Housing Program
PROPOSED RULE NUMBER: 99-P144

RULE TITLE OR SUBJECT: Ch. 8, Rental Rehabilitation/Conversion Loan Program Rule
PROP OSED RULE NUMBER: 99-P145

RULE TITLE OR SUBJECT: Ch. 10, Fuel Oil Conservation Loan Program Rule
PROPOSED RULE NUMBER: 99-P146

RULE TITLE OR SUBJECT: Ch. 18, Underground Oil Storage Tank Removal Program
PROPOSED RULE NUMBEY: 99-P147

RULE TITLE OR SU13JECT: Ch. 20, Home Equity Conversion Mortgage Program Rule
PROPOSED RULE NUMBER: 99-P148

CONCISE SUMMARY: The public hearing for August 17, 1999 for these rules has been postponed until September 21, 1999. A new notice of public hearing will be published at a later date.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
PUBLIC HEARING: September 21,1999.
AGENCY CONTACT PERSON: Linda L. Sears, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE; (207) 626-4600 (voice)
(800) 452-4603 (TTY)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Universal Waste Rule (affects Ch. 850, 851, 853, 857)
PROPOSED RULE NUMBER: 99-P159
CONCISE SUMMARY: This rule covers certain hazardous wastes that are commonly generated by many types of businesses and organizations that might not normally generate a hazardous waste. The rule tailors the requirements specifically to the type of waste, requires recycling of the wastes (Polychlorinated Biphenyl lighting ballasts excepted), and is designed to remove these wastes from mismanagement scenarios typically used for these wastes. The waste types included in the rule are batteries, cathode ray tubes, mercury containing lamps, mercury containing thermostats, and totally enclosed non leaking polychlorinated biphenyl ballast. The department is also requesting comment on the appropriate handling and/or removal standards for mercury containing thermometers and mercury devices for a future rulemaking. It is the Department intent to limit this rulemaking to those sections that pertain to universal waste. We plan to undertake rulemaking on a much larger portion of the hazardous waste management rules at a later date.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. Municipalities are currently required to manage these wastes as hazardous wastes. These rules are expected to make it cheaper for the municipality to manage these wastes.
STATUTORY AUTHORITY: 38 MRSA 1301 et seq.
PUBLIC HEARING: September 2, 1999 at 1:00 p.m. at the St Paul's Center, Augusta
DEADLINE FOR COMMENTS: Comments must be submitted in writing by 5:00 p.m. October 5, 1999 to the agency contact person listed below.
AGENCY CONTACT PERSON: Stacy Ladner
AGENCY NAME: Department of Environmental Protection, Maine
ADDRESS: State House Station #17, Augusta, ME 04333


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. VIII, Section 1, Cub Care
PROPOSED RULE NUMBER: 99-P160
CONCISE SUMMARY: The proposed rule increases the Cub Care maximum income limit from 185% to 200% of the federal poverty guidelines effective October 1, 1999; clarifies the policies regarding the purchase of optional health insurance by Medicaid and Cub Care enrollees who lose eligibility because of changes in income; and edits the rules to delete sections that duplicate information contained in either the Bureau of Medical Services, Maine Medicaid Assistance Manual or the Bureau of Family Independence, Medical Assistance Eligibility Manual.
THE RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173; Public Law 1998, Chapter 777; Public Law 1999, Chapter 401
PUBLIC HEARING: August 31, 1999, 1:00 p.m., Health Planning Conference Room, 35 Anthony Ave., Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: September 10, 1999
AGENCY CONTACT PERSON: Linda Schumacher
AGENCY NAME: Bureau of Medical Services Division of Policy & Programs
ADDRESS: 11 State House Station/35 Anthony Ave., Augusta, ME 04333-0011
TELEPHONE: 207/624-5529, or 1-800-321-5557, Option 1
TTY (207) 287-1828, 1-800-423-4331 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 106, Rules for the Maine Drugs to the Elderly Program
PROPOSED RULE NUMBER: 99-P161
CONCISE SUMMARY: The proposed rule revises the Maine Drugs for the Elderly (DEL) Program to reflect changes approved by the 119th Maine Legislature. The major change expands the DEL Program into two parts effective August 1, 1999 to include:
1) the Basic Program which is the currently existing program covering drugs to treat specific illnesses for 80% of the prescription costs; and
2) the Supplemental Program where the State will reimburse retail pharmacies $2.00 for any prescription drug not covered in the basic program.
In both programs the manufacturer must participate in the Low Cost Drugs for the Elderly rebate program. The price of drugs in both programs is set using the same methodology as is used in the Pharmacy Services Section of the Maine Medical Assistance Manual. The Maine Bureau of Revenue Services promulgates rules affecting changes in financial eligibility. Other changes include expanding the eligibility requirements to include consideration of disability and editorial corrections.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: Date: August 31, 1999 Time: 1:30 p.m.. Location: 1st Floor Conference Room, 35 Anthony Avenue, Augusta, Me.
DEADLINE FOR COMMENTS: September 10, 1999
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514
DEAF/HARD-OF-HEARING: 1-800-423-4331


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 99-P162
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing minor regulation changes for the 1999/2000-2000/2001 ice fishing and the 2000 and 2001 open water fishing regulations needed to provide for the effective conservation of Maine's inland fisheries, and enhance fishing opportunities throughout the State. A list of these proposals (being considered without public hearing) may be obtained from the Agency Contact Person listed below. Written comments may be submitted on any of the proposals on this list. These changes are in addition to the proposals being heard at previously advertised public hearings.
STATUTORY AUTHORITY: 12 M.R.S.A 7035
PUBLIC HEARINGS: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: September 13, 1999
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 99-P163
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is beginning its biennial schedule of public hearings to consider changes for the 1999/2000-2000/2001 ice fishing and the 2000 and 2001 open water fishing regulations needed to provide for the effective conservation of Maine's inland fisheries, and enhance fishing opportunities throughout the State. A list of the proposals to be heard at the public hearing may be obtained from the Agency Contact Person listed below. This is the last in a series of notices to advertise upcoming public hearings which will be held throughout the State.
STATUTORY AUTHORITY: 12 M.R.S.A 7035
PUBLIC HEARINGS:
August 31, 1999 - Greenville High School Auditorium, Pritham, Avenue, Greenville, ME -- 6:30 p.m.
September 2, 1999 - Stearns High School Auditorium, Millinocket, ME -- 6:30 p.m.
DEADLINE FOR COMMENTS: September 13, 1999
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 99-320
CONCISE SUMMARY: Maine began a state funded Food Stamp program in September, 1998, for certain legal immigrants who could no longer receive Federally funded Food Stamps due to their alien status. Funding for this program was due to expire June 30, 1999. The funding is being continued and this rule removes the sunset clause.
EFFECTIVE DATE: August 7, 1999
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 (Deaf/Hard of Hearing)


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

RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual: Medicaid Coverage for Disabled Individuals who are Working
ADOPTED RULE NUMBER: 99-321
CONCISE SUMMARY: This coverage group includes individuals who meet the SSI standard for disability and who have earnings subject to federal tax withholding but are not eligible for Medicaid under any other coverage group. These individuals may buy into Medicaid by paying a monthly premium if the specific requirements of this coverage group are met. This is an SSI related coverage group using SSI related rules for treatment of income and assets, however, there are income and asset limits specific to this coverage group. Basically this is a group who, except for their earnings and assets, would be eligible for Medicaid. For an individual monthly countable unearned income such as SSDI must be equal to or less than $687 for 1 person. The total monthly countable unearned and earned income must be less than $1,717. Countable assets must be less than $8,000.

RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual: Transitional Medicaid
ADOPTED RULE NUMBER: 99-322
CONCISE SUMMARY: This rule (1) changes the definition of "unemployed parent" to mean employment of less than 130 hours per month (as opposed to the existing rule of 100 hours), (2) extends Transitional Medicaid coverage to certain Medicaid eligible families with children, (3) requires families with children to have met certain Medicaid criteria for 1 of the prior 3 months before they can access Transitional Medicaid, (4) allows retroactive coverage to be used in this count.

EFFECTIVE DATE: August 7, 1999
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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF): TANF Benefit Increase
ADOPTED RULE NUMBER: 99-323
CONCISE SUMMARY: This rule permanently adopts the emergency rule filed on July 1, 1999:
* increased the maximum TANF benefits by 5% of the maximum payments that were in effect on July 1, 1998 for assistance units who did not receive the earned income disregard.
* changed the disregards from monthly earnings to one hundred eight dollars and fifty percent of the remaining earnings.
* eliminated the protection of the Special Needs housing allowance associated with the 7/98 TANF benefit increase.
EFFECTIVE DATE: September 1, 1999
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: 09-137 - Department of Inland Fisheries and Wildlife

TYPE OF RULE: Antlerless Deer Hunting Restrictions
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting Seasons for Furbearing Animals
ADOPTED RULE NUMBER: 99-324
CONCISE SUMMARY: The Commissioner of the Department of Inland Fisheries and Wildlife has amended the statewide hunting season for bobcat as a result of a petition. The hunting season for bobcat will begin on December 1 and continue through February 15.

TYPE OF RULE: Amendment to Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4.01, Upland Game (Cottontail Limit); Ch. 4.04, Bear Trapping
ADOPTED RULE NUMBER: 99-325
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopt regulations regarding bear trapping. This proposal establishes the number of traps that may be set at 2; specifies that the only types of traps that may be used are conventional foothold traps and cable traps; requires that cable traps be set at or below ground level to catch the animal only by the foot or leg, and other restrictions that already exist but places them in a more appropriate location within the regulations. A copy of the rule may be obtained from the agency contact person listed below. In addition, the Department has adopted a change to the limit on cottontail rabbits by restricting the daily bag limit on wild hares and rabbits to 1 cottontail rabbit and the possession limit to 2 cottontail rabbits, as follows:
Species: Wild Hares and Rabbits
Open Season on Hunting: Oct. 1 - March 31(Oct. 1 - Feb. 28 on Vinalhaven Island, Knox County)
Daily Bag Limit: 4 (Only 1 may be a Cottontail)
Possession: 8 (Only 2 may be a Cottontail)
(The rest of the species on the list remain unchanged).

TYPE OF RULE: Repeal
CHAPTER NUMBER AND TITLE: Ch. 4, Moose Hunting
ADOPTED RULE NUMBER: 99-326
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has repealed the rule prohibiting moose hunting in the following areas: Allagash Wilderness Waterway (State-owned restricted zone, extending back approximately 500 feet from high water mark); Aroostook State Park, Presque Isle; Lily Bay State Park, Beaver Cove. The Bureau of Parks and Lands has adopted rules regarding hunting in state parks which apply to these areas (no hunting from May 1 through September 30) and the closures are no longer necessary for the moose hunting season which occurs in October.

EFFECTIVE DATE: August 7, 1999
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


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