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Weekly Rulemaking Notices Contact Us Find It

August 14, 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: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2002-P207
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. These regulations are 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.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARINGS: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: September 13, 2002
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov


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

RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - TCC Guidelines - Rev. #64-P
PROPOSED RULE NUMBER: 2002-P208
CONCISE SUMMARY: This policy proposes to adopt the new maximum Transitional Child Care (TCC) income guidelines and a new fee assessment schedule beginning October 1, 2002 through September 30, 2003.
STATUTORY AUTHORITY: 22 MRSA 3762

RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Asset & Income Exclusion - Rev. #65-P
PROPOSED RULE NUMBER: 2002-P209
CONCISE SUMMARY: This rule excludes the following payment from TANF asset and income policy, including non-recurring lump sum policy:
A one-time cash compensation payment and accrued interest from the Baxter Compensation Authority to former students of Baxter School for the Deaf who were found to have been physically or sexually abused before January 2001.
STATUTORY AUTHORITY: 22 MRSA 3741-3762

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled, unless requested by 5 or more persons.
DEADLINE FOR COMMENTS: September 13, 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)


ADOPTIONS

AGENCY: 02-039 - Department of Professional & Financial Regulation, Real Estate Commission
CHAPTER NUMBER AND TITLE:
Ch. 330, Minimum Standards of Practice
Ch. 360, Prerequisites to Licensure by Individuals
Ch. 370, Continuing Education
Ch. 380, Fees
Ch. 390, Licensing Procedures & Requirements
ADOPTED RULE NUMBER: 2002-286 through 2002-290
CONCISE SUMMARY: The amendment to Ch. 330 eliminates the requirement of a licensee to disclose to another licensee the agency relationship at the time of first contact, and deletes the existing requirement for disclosure of insulation information and replaces it with a disclosure requirement about heating. The amendment to Ch. 360 adds a requirement of including a final course examination and answer key when applying for approval for an education course, and deletes the section defining examinations. The amendment to Ch. 370 deletes the section defining examinations. The amendment to Ch. 370 defines a distance education course, deletes a waiver of an application fee, deletes a requirement for sponsors to submit lists of licensees completing a course and replaces it with a requirement for sponsors to give licensees a certificate of completion, and deletes the restriction about repeating a course within a 4 year period. The amendment to Ch. 380 deletes the chapter. The amendment to Ch. 390 deletes references to license examinations.
EFFECTIVE DATE: August 5, 2002 except that Ch. 330 Sections 15 and 17 are effective November 1, 2002.
AGENCY CONTACT PERSON: Carol J. Leighton, Director
AGENCY NAME: Real Estate Commission
ADDRESS: Department of Professional & Financial Regulation, Office of Licensing & Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8520


AGENCY: 02-041 - Department of Professional & Financial Regulation, Office of Licensing and Registration
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2002-291
CONCISE SUMMARY: The amendment to Ch. 10 adjusts fees for the Real Estate Commission. The amendment replaces examination fees with a fee to be set by contract with the examination vendor, repeals the continuing education roster recording fee, and adjusts the license certification fee.
EFFECTIVE DATE: August 5, 2002
AGENCY CONTACT PERSON: Jeffrey Franklel, Staff Attorney
AGENCY NAME: Office of Licensing & Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8615


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources, Division of Plant Industry
CHAPTER NUMBER AND TITLE: Ch. 269 - Emergency Rule: Potato Mop Top Virus
ADOPTED RULE NUMBER: 2002-292
CONCISE SUMMARY chapter establishes a quarantine against Potato Mop Top Virus to prevent its movement from Aroostook Research Farm to other farms in the state, in order to protect Maine's potato industry from this potato disease.
EFFECTIVE DATE: August 1, 2002
AGENCY CONTACT PERSON: Terry Bourgoin, Director
AGEPii2Y NAME: Department of Agriculture, Food and Rural Resources, Division of Plant Industry
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207)287-3891


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

CHAPTER NUMBER AND TITLE: Ch. 332, Medicaid Eligibility Manual - Trust and Transfer of Assets
ADOPTED RULE NUMBER: 2002-293
CONCISE SUMMARY: This rule defines what is a "payment" from a trust, treatment of real property transferred to a revocable trust, expands on the definition of 'fair market value" and the definition of transfer.
EFFECTIVE DATE: August 6, 2002

CHAPTER NUMBER AND TITLE: Ch. 332, Medicaid Eligibility Manual - Community Spouse Minimum Income Standard and Shelter Allowance - 2002
ADOPTED RULE NUMBER: 2002-303
CONCISE SUMMARY: This rule applies to those in a nursing home who are covered by MaineCare 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 $1,493 and the shelter allowance will be $448, effective July 1, 2002.
EFFECTIVE DATE: August 12, 2002

AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 16-226 - Department of Public Safety, Bureau of Liquor Enforcement

CHAPTER NUMBER AND TITLE: Ch. 2, Premises Licensed for On-Premise Consumption Only
ADOPTED RULE NUMBER: 2002-294
CONCISE SUMMARY:
Ch. 2-3-A: Current rules establish the guidelines for a 15 year old employee to indirectly handle liquor in an off premise establishment. The new rule would provide similar guidelines for on-premise employees that were 15 years old, a practice that is currently accepted in the industry.
Ch. 2-6-B: Current law requires a Class "A" Lounge to offer food for sale to the public at all times that liquor is for sale. The new rule defines food as more than snacks, that are usually given free to patrons.
EFFECTIVE DATE: August 5, 2002

CHAPTER NUMBER AND TITLE: Ch. 4, Premises Licensed as Wholesalers, Manufacturers and Certificates of Approval
ADOPTED RULE NUMBER: 2002-295
CONCISE SUMMARY:
Ch. 4-15: The rule will clarify the Legislature's intent that a sample product given to a licensee by a wholesaler under MRSA 28A subsection 1402-A, must be in a sealed bottle and must be left with the licensee.
Ch. 4-16: The new rule will specify that a brewery or small brewery shall not charge a fee for a tour or for samples at the brewery or small brewery location. The practice is not a common practice in the industry and furthermore a brewery or small brewery is eligible for a retail liquor license and should not be selling product under the guidelines of sampling or tours.
EFFECTIVE DATE: August 10, 2002

CHAPTER NUMBER AND TITLE: Ch. 14, Rules Applicable to Agency Liquor Stores Merchandising and Stock
ADOPTED RULE NUMBER: 2002-297
CONCISE SUMMARY: Section 10 of Ch. 14 is being repealed as it conflicts with current state law on pricing (28-A MRSA, subsection 606-8)
EFFECTIVE DATE: August 10, 2002

CHAPTER NUMBER AND TITLE: Ch. 3, Premises Licensed for Off-Premise Sales Only
ADOPTED RULE NUMBER: 2002-298
CONCISE SUMMARY: Ch. 3-6: Currently if an off-premise liquor licensee wants to lease selling space within their premise they must name the leasee as a co-licensee on the liquor license application. The rule will allow an off-premise liquor licensee to enter into a lease agreement with another business located on their property without naming the leasee as a co-licensee under certain restrictions.
EFTECTIVE DATE: August 10, 2002

AGENCY CONTACT PERSON: Lynn M. Cayford
AGENCY NAMIE: Maine Bureau of Liquor Enforcement
ADDRESS: 397 Water Street, Gardiner, ME 04345
TELEPHONE: (207) 624-8973


AGENCY: 02-032 - Department of Professional and Financial Regulation, Office of Securities
CHAPTER NUMBER AND TITLE: Ch. 515, Investment Adviser Licensing
ADOPTED RULE NUMBER: 2002-296
CONCISE SUMMARY: This rule was adopted to outline the procedures for the licensing of investment advisers and investment adviser representatives with the State of Maine Office of Securities.
EFFECTIVE DATE: August 11, 2002
AGENCY CONTACT PERSON: Christine Bruenn, Securities Administrator
AGENCY NAME: Office of Securities
ADDRESS: 121 State House Station, Augusta, ME 04333-0121
TELEPHONE: (207) 624-8551


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine
ADOPTED RULE NUMBER: 2002-302
CONCISE SUMMARY: These final regulations will more clearly identify the components of a staffing plan to be utilized in all hospitals to determine staffing needs and staffing mix. The final regulations will also more clearly define the assignment of personnel based on knowledge and experience, the orientation of per diem and temporary nurse agency staff, and the development of a contingency plan for instances when the hospital or patient care unit is unable to meet the care needs of patients. The final regulations also require the use of Quality Improvement clinical indicator screens to track, trend, and evaluate the staffing effectiveness.
EFFECTIVE DATE: September 1, 2002
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) 287-9300
TTY: (207) 287-9312 (Deaf/Hard of Hearing)
FAX: (207) 287-9304


AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services, Division of Deafness
CHAPTER NUMBER AND TITLE:
Ch. 14, Rule Governing the Administration of the Maine Equal Access Program for Deaf, Hard-of-Hearing or Speech Impaired Consumers of Wireless Telecommunications Services
ADOPTED RULE NUMBER: 2002-304
CONCISE SUMMARY: This rule establishes definitions and procedures governing the administration of the Maine Equal Access Program, which provides rebates to deaf, hard-of-hearing or speech impaired consumers of wireless telecommunications services, as well as individuals using the state telecommunications relay service to communicate with certified customers.
EFFCTIVE DATE: August 13, 2002
AGENCY CONTACT PERSON: Jan A. DeVinney
AGENCY NAME: Division of Deafness
ADDRESS: 2 Anthony Avenue, Augusta, ME 04333-0150
TELEPHONE. (207) 624-5964 (TTY)


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