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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) 624-7650
FAX (207) 287-6545

August 22, 2001
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: 02-381 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Oil and Solid Fuel Board
RULE TITLE OR SUBJECT:
Repeal and Replace Ch. 1, Definitions
Repeal and Replace Ch. 3, Categories and Responsibilities of Licensure
Repeal and Replace Ch. 4, Qualifications for Licensure
Repeal Ch. 6, Fees
Amend Ch. 7, Adoption of Standards and Rules
Amend Ch. 9, Installation of Oil Burning Equipment
Amend Ch. 10, Installation of Solid Fuel Burning Equipment
Amend Ch. 11, Chimneys
Repeal Ch. 12, Installation of Oil Fired Equipment in Repair, Parking and Residential Garages
Amend Ch. 13, Installation of Waste Oil Appliances and Waste Oil Supply Tanks
PROPOSED RULE NUMBER: 2001-P204
CONCISE SUMMARY: The proposed rules clarify the definitions. The proposed rules set forth the duties and responsibilities for licensure as an Apprentice, Journeyman and Master, the examination requirements for a Master and Journeyman and the procedure to qualify for licensure. The proposed rules adopt updated editions of National Fire Protection Association (NFPA) standards as the standards for installation of any oil and solid fuel burning equipment, chimney, fireplace or vents. The proposed rules clarify the guidelines for the installation of oil burning equipment and solid fuel burning equipment. The proposed rules clarify the requirements for the use of waste oil burning equipment and accessory equipment installations in specific applications. Ch. 6, Fees, is being repealed since this Ch. is not valid. The Director of the Office of Licensing and Registration has rule-making authority to set fees and the fees for this Board were changed in October 2000 and are now part of the Office's rules (02-041 CMR 10). Since the Board is adopting NFPA #88A and #88B by reference, Ch. 12, Installation of Oil Fired Equipment in Repair, Parking and Residential Garages, is being repealed because it is no longer necessary.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 MRSA 2353 and 2402-A
PUBLIC HEARING: Thursday, September 13, 2001, 9:00 a.m., Department of Professional and Financial Regulation, Central Conference Room, Gardiner Annex, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: September 28, 2001
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Ch. 30, Proposed Statement for Administering the 2002 Maine Community Development Block Grant Program
PROPOSED RULE NUMBER: 2001-P205
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13058, sub- 3
PUBLIC HEARINGS:
September 12, 2001, 2:00 p.m., EMDC Conference Room, One Cumberland Place, Suite 300, Bangor, Maine 04402
September 13, 2001, 10:00 a.m., Council Chamber, City Hall, 12 Second Street, Presque Isle, Maine 04769
September 14, 2001, 1:00p.m., DECD West Conference Room, Burton M. Cross Building, 3rd Floor, 111 Sewall Street, Augusta, Maine-04333
DEADLINE FOR COMMENTS: September 24, 2001 at 4:00 p.m.
AGENCY CONTACT PERSON: Michael D. Baran, Technical Assistance Program Manager
AGENCY NAME: Department of Economic and Community Development, Office of Community Development
ADDRESS: 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9816


AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 602, Procedures for Contract Awards
PROPOSED RULE NUMBER: 2001-P206
CONCISE SUMMARY: This chapter outlines the policy of the Maine State Retirement System in selecting a contractor to provide services to the System and the procedures that may be used by the MSRS in the selection process. This chapter also defines the procedures and requirements in the event of an appeal of a contract award decision.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 17103
PUBLIC HEARING: September 13, 2001
DEADLINE FOR COMMENTS: September 24, 2001
AGENCY CONTACT PERSON: Gail Drake Wright, Chief Deputy
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE:(207) 287-3461 or 1 (800) 451-9800


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 147, High Pollution Vehicle Retirement Pilot Program
PROPOSED RULE NUMBER: 2001-P207
CONCISE SUMMARY: The Board of Environmental Protection shall amend Ch. 147 of its rules pursuant to 5 MRSA 8052 to include the definition of automobile scrapper under the Maine Revised Statutes, Title 10, 393, subsection 1-A. The amended rule also requires the participating auto scrappers be permitted through their municipality to operate pursuant to Title 30--A MRSA, Sections 3753-3760. The first regular session of the 120th Legislature amended the statute to include the definition of automobile scrapper as automobile graveyards, licensed junkyards, as well as automobile recycling businesses as defined in Title 30-A M.R.S., 3752, The Department shall maintain a list of automobile scrappers who have volunteered to participate in the Program and are permitted by their municipality. The participating automobile scrapper must submit a signed statement that they are in compliance with that permit and all municipal ordinances, state and federal laws and regulations. The amended rule shall also include the process for making payments to automobile scrappers under the Maine Revised Statutes, Title 10, 394, subsection 4-A. In addition, this legislation allows FAME to compensate automobile scrappers up to $350.00 for each high-polluting vehicle scrapped under the Program. The current funding will allow 68 to 88 vehicles to be scrapped, depending upon how many scrappers request the full reimbursement amount of $350.00 to scrap each vehicle. Copies of these rules and previously submitted comments are available upon request by contacting the agency contact person listed below. Pursuant to Maine law interested parties must be publicly notified of the proposed rulemaking, and be provided an opportunity for comment. Any party interested in providing public comment can provide written comments before the end of the comment period. All comments should be sent to the agency contact person.
TIES RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 341-D sub- 1-B; 10 MRSA 394 et seq.
PUBLIC HEARING: No public hearing is scheduled; this proposal has been posted to a 30-day comment period.
DEADLINE FOR COMMENTS: September 24, 2001
AGENCY CONTACT PERSON: Lynne Cayting
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


ADOPTIONS

AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 314, Statewide Low-Income Assistance Plan
ADOPTED RULE NUMBER: 2001-357
CONCISE SUMMARY: This rule establishes the standard design, administration and funding mechanism for a Statewide Low-income Assistance Plan to make electric bills more affordable for qualified low-income customers.
EFFECTIVE DATE: August 14, 2001
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-1396


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 330, Minimum Standards for Mental Illness Benefits
ADOPTED RULE NUMBER: 2001-358
CONCISE SUMMARY: This rule is to clarify the requirements of 24 MRSA 2325-A, 24-A MRSA 2843, and 24-A MRSA 4234-A, by establishing standards to assure equitable health care for the treatment of mental illness or nervous conditions.
EFFECTIVE DATE: August 20, 2001
AGENCY CONTACT PERSON:
NAME: Richard H. Diamond
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8428


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 2001-359
CONCISE SUMMARY: This rule follows federal regulations. It involves the process of establishing overpayments that occur when a household receives more Food Stamp benefits than they should have regardless of who was in error. An intentional program violation may occur without any monetary loss to the program. Allotment reduction is not to take place in an applicant's first partial month of benefits. Claims must be established for all errors found as a result of a Quality Control review or as a result of trafficking. The collection rate of intentional program violations is increased from 20% or $10, whichever is greater to 20% or $20, whichever is greater. Adults who turn eighteen (18) years of age during an overpayment period are only responsible for the portion beginning with the month after their eighteenth (18th ) birthday. This rule also clarifies the funding source of benefits for certain legal immigrants.
EFFECTIVE DATE: August 15, 2001
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: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 36.01(D)(1)(a), Herring, Spawning Area Restrictions, Eastern Maine - Emergency
ADOPTED RULE NUMBER: 2001-360
CONCISE SUMMARY: The Commissioner of the Department of Marine Resources adopts this emergency amendment to the herring management plan regulations for compliance with the Atlantic States Marine Fisheries Commission, Technical Addendum #1a, to Amendment 1, to the Interstate Fishery Management Plan for Atlantic Sea Herring. The amendment revises the Eastern Maine restricted spawning area by eliminating the angle located at approximately 44 degrees 07 minutes N and 67 degrees 53 minutes W to include the entire area of Inner Schoodic Ridge to protect spawning herring.
EFFECTIVE DATE: Wednesday, August 15, 2001
AGENCY CONTACT PERSON: Lewis N. Flagg
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6550


AGENCY: 14-118 - Department of Mental Health, Mental Retardation, and Substance Abuse Services, Office of Substance Abuse, Driver Education and Evaluation Programs
CHAPTER NUMBER AND TITLE: Ch. 2, Driver Education and Evaluation Programs Procedure Manual
ADOPTED RULE NUMBER: 2001-362
CONCISE SUMMARY: The replacement rules: 1) establish additional definitions and repeal others; 2) establish qualifications for DEEP program instructors and the program administrator; 3) require adult first offenders with an OUI without aggravating factors to attend a program requiring evaluation and/or treatment, when appropriate; 4) establish new program requirements, content, and/or fees for offenders under 21 years of age at the time of the offense, offenders under 21 years of age at the time of the offense who have attained 21 years of age when registering for a program, adult first offenders, and all multiple offenders; 5) change requirements of insurance programs, fire inspections and compliance with city/town ordinances or zoning for DEEP private providers; 6) require detailed documentation of the evaluation process; 7) establish a no-show fee for the DEEP programs; 8) establish a non-refundable administrative fee for the "Completion of Treatment" program, and out-of-state and military programs; 9) establish a limit to the number of sessions that can be requested in an extension of treatment justification; and 10) change a recommended time line for completion of treatment within the Completion of Treatment Guidelines. This rule was adopted as an emergency rule.
EFFECTIVE DATEA: August 14, 2001
AGENCY CONTACT PERSON: Linwood K. Oakes, Sr., Certification & Policy Specialist
AGENCY NAME: Office of Substance Abuse - DEEP
ADDRESS: Marquardt Building, AMHI Complex, 3rd Floor, 159 State House Station, Augusta, ME 04333-0159
TELEPHONE: (207) 287-2595


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBERS AND TITLES: Repeals:
Ch. 340, Fuel Adjustment for Electric Utilities, and
Ch. 341, Fuel Cost Adjustment for Small Electric Utilities
ADOPTED RULE NUMBER: 2001-363 and 2001-364
CONCISE SUMMARY: The Commission repeals Ch. 340 and 341 of the Commission's Rules (65-407 CMR 340, 65-407 CMR 341), Fuel Adjustment for Electric Utilities and Fuel Cost Adjustment for Small Electric Utilities, respectively.
EFFECTIVE DATE: August 19, 2001
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-1396


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