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August 20, 1997
Rule-Making Notice

as it appears in 5 daily Maine newspapers

PROPOSALS
AGENCY: 02-380 - Maine State Board of Nursing
RULE TITLE OR SUBJECT: Chapter 8: Regulations Relating to Advanced Practice Registered Nursing
PROPOSED RULE NUMBER: 97-P160
CONCISE SUMMARY: This is a proposed amendment to Chapter 8 to clarify continuing education requirements for advanced practice registered nurses. The 75 contact hours required biennially are defined in terms of categories.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 M.R.S.A. Sections 2153 and 2102(2)(A).
HEARING: September 9, 1997 at 9 A.M. in Room 113 in the State Office Building, Augusta, ME.
DEADLINE FOR COMMENTS: September 19, 1997.
AGENCY CONTACT PERSON: Myra Broadway, Assistant Executive Director
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone St., 158 SHS, Augusta, ME 04333-0158
TELEPHONE: 207-287-1133

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT:: #331 Public Assistance Manual Child Care
PROPOSED RULE NUMBER: 97-P161
CONCISE SUMMARY: The Department of Human Services will provide transitional child care (TCC) services to families who lose their eligibility for TANF as a result of increased earnings or an increase in the number of hours worked and whose gross income is equal to or less than 85% of the State's median income for a family of comparable size. The family will pay a premium of 2% to 10% of gross income, based on the family's gross income compared to the federal poverty level. The Department will establish maximum rates for child care that are at least equal to the 75th percentile of local market rates for various categories of child care. This rule removes the 12 month limitation on TCC services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 19, 1997
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089


AGENCY: 10-149 - Department of Human Services, Bureau of Elder and Adult Services
RULE TITLE OR SUBJECT: Chapter 5 - Bureau of Elder and Adult Services Policy Manual
PROPOSED RULE NUMBER: 97-P162
CONCISE SUMMARY: The proposed rules eliminate outdated requirements, integrate rules for adult protective services into the Bureau's policy manual, revise cost sharing and administrative provisions for certain home and community care services, adopt rules for review of nursing facility level of care projects under Certificate of Need, and adopt rules for review of Continuing Care Retirement Community projects.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Sec. 312, 5106, 6203, 7303, 7915, 24-A MRSA Sec. 6214
PUBLIC HEARING: Wednesday, September 10, 1997, 10 a.m., Bureau of Elder and Adult Services, 35 Anthony Ave., Augusta, ME 04333
DEADLINE FOR COMMENTS: Monday, September 22, 1997
AGENCY CONTACT PERSON: John Baillargeon
AGENCY NAME. Bureau of Elder and Adult Services
ADDRESS, 36 Anthony Avenue #11, Augusta, ME 04333
TELEPHONE: 207-624-5335; 207-624-5442 (TTY)


AGENCY: 09-137 - Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 97-P163
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is beginning its biennial schedule of public hearings to consider changes for the 1997-1999 ice fishing and the 1998 and 1999 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 proposals to be heard at the below-listed public hearings may be obtained from the Agency Contact Person listed below. This is the third in a series of notices to advertise public hearings which will be held throughout the State.
STATUTORY AUTHORITY: 12 M.R.S.A 7035
PUBLIC HEARINGS:
September 9, 1997 - Caribou Recreation Dept., 59 Bennett Drive, Caribou - 7:00 p.m.
September 10, 1997 - Lincoln, Mattanawcook Academy, 15 Reed Drive, Lincoln - 7:00 p.m.
DEADLINE FOR COMMENTS: September 26,1997
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #332 Maine Medicaid Eligibility Manual - Spousal Living Allowance
PROPOSED RULE NUMBER: 97-P164
CONCISE SUMMARY: Effective 10/1/97, a monthly living allowance up to 100% of the federal poverty level ($658 per month) will be available to some people whose spouse is residing in a Cost Reimbursed Boarding Home or Adult Family Care Home and is being helped by Medicaid. The rule explains the eligibility requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 19, 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; TTY - (207) 287-6948


ADOPTIONS
AGENCY: 06-096 - Department of Environmental Protection

CHAPTER NUMBER AND TITLE: Chapter 374 - Rules Regarding the Traffic Movement Standard of the Site Location of Development Law
ADOPTED RULE NUMBER: 97-221
CONCISE SUMMARY: This rule amendment implements the traffic related changes to the Site Location of Development Law (Site Law) which become effective July 1, 1997. The rule reflects the statutory change in jurisdiction. A project generating more than 100 vehicle trips in the peak hour of operation will be considered a "development" and thus will require traffic review under the Site Law regardless of how many acres the project covers. The rule also spells out the process for the "scoping meetings" designed to improve municipal and state coordination of traffic reviews. The rule also sets forth limited guidelines for determining what traffic must be studied in the vicinity of a development. Traffic within a development will no longer be reviewed by the state.
EFFECTIVE DATE: July 25, 1997
AGENCY CONTACT PERSON: Michael K. Mullen

CHAPTER NUMBER AND TITLE: Chapter 380 Planning Permit
ADOPTED RULE NUMBER: 97-222
CONCISE SUMMARY: This rule implements the planning permit which was added to the Site Location of Development Law (Site Law) under Public Law 1995, Section A-12. This rule establishes the criteria applicable to an alternative approach to current licensing procedures. The planning permit will allow approval of development within a specified area and within specific parameters, although the specific nature and extent of development may not be known at the time a permits is issued. The location of parameters of a development would be required to meet all of the standards of the Site Law.
EFFECTIVE DATE: July 25, 1997
AGENCY CONTACT PERSON: Jeff Madore/Nancy Beardsley
AGENCY NAME: Department of Environmental Protection, Bureau of Land & Water Quality
ADDRESS: 17 State House Station, Augusta, ME 04330
TELEPHONE: (207) 287-2111

CHAPTER NUMBER AND TITLE: Chapter 530.5 - Environmental Evaluation: Surface Waters Toxics Control Program
ADOPTED RULE NUMBER: 97-266
CONCISE SUMMARY: This rule amendment deletes two parts in Section A.2.a.i of the current rule. By making these deletions, the State will be adopting the federal water quality criteria for dioxin (2,3,7,8 TCDD), as established by the US EPA, as a statewide water quality criteria with an associated risk level of 1 X 10-6. The water quality criteria for Maine waters will be 0.01 3 picograms/liter. It also deletes reference to US EPA's reassessment of dioxin.
EFFECTIVE DATE: August 13, 1997
AGENCY CONTACT PERSON: David Courtemanch
AGENCY NAME: Maine DEP
ADDRESS: State House #17, Augusta, ME 04333
TELEPHONE: 287-7789


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Chapter 332, Filing Requirements for Petitions of Public Convenience & Necessity for Purchases of Energy or Fuel Conversion of Generating Facilities
ADOPTED RULE NUMBER: 97-267
CONCISE SUMMARY: The purpose of this rule was to amend Chapter 332 to reflect changes to 35-A M.R.S.A. 3133 that were enacted after this rule was originally promulgated.
EFFECTIVE DATE: August 13, 1997
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-6078


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