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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 23, 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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
PROPOSED RULE NUMBER: 2000-P177
CONCISE SUMMARY: Chapter 8 was changed to include the statutory requirements for employees of Health Care Facilities, who are at risk of direct occupational exposure to blood and body fluids, to have proof of immunization or serologic evidence of immunity against Hepatitis B. Also, nursing facilities must require employees born after 1966, to have either proof of immunization, or evidence of immunity against Rubeola measles and Rubella measles. Nursing facilities must also recommend and offer immunization against influenza to all personnel who provide direct care to residents of the facility. In addition, a new law was passed last year to require nursing facilities to wear identification badges except in situations in which an identification badge would create a safety hazard. The Amount of Penalties in Chapter 22 were changed from $4.50 per bed to $9.00 per bed per occurrence, and from $5.00 per bed to $10.00 per bed for repeat occurrences in accordance with 22 M.R.S. A 7944. This rule also requires nursing facilities to provide the Department with a 45 day Prospective Notice for any increase or decrease in the number of beds, which is defined by Medicare. The Contents of Notice in Chapter 10.Q.4, were corrected to require a nursing facility to provide a list of licensed care and service providers to all residents prior to discharge when Home Health Care is needed. The definition of a comprehensive assessment in Chapter 12.13 has been changed in order to be consistent with the Federal definition. Revisions were made in Chapter 17 to allow facility licensed staff to destroy controlled drugs and substances. This change is consistent with Drug Enforcement Agency rules. Typographical and grammatical errors have been corrected
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Statutory authority for these regulations is found under the following Titles in the Maine Revised Statutes Annotated: Title 1, Chapter 13, Section 401, 402, 407, 408; Title 22, Chapter 1, Section 3, 6, 42, 47; Chapter 405, Sections 1811-1818, 1820, 1822, 1824-1830; Chapter 958-A, Sections 3477-3479; Chapter 1666
Sections 7921-7925; Chapter 1666A, Sections 7931-7938; Chapter 1666B, Sections 7941-7949; Chapter 1678, Sections 8551-8552; Title 32, Chapter 2, Sections 61, 7905; Title 5, Chapter 375, Subchapter 11-A, Section 1.22 MRSA 802, sub 4; Section 2.22 MRSA 802, sub 5
Title 22, 7944
PUBLIC HEARING: A public hearing will be held Tuesday September 12, 2000 at 1:30 p.m., Elks Lodge, Civic Center Drive, Augusta, Maine
DEADLINE FOR COMMENTS: September 22, 2000
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 11 SHS, 35 Anthony Avenue, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
TTY: (207) 624-5512
FAX: (207) 624-5378


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 182, Formula for Distribution of Funds to Child Development Services (CDS) Regional Sites
PROPOSED RULE NUMBER: 2000-P180
CONCISE SUMMARY: The refinement of cost projections through a data driven approach rather than an historical approach will permit the Legislature to clearly identify the reasons for cost increases and provide greater focus on potential cost containment strategies for the CDS system. The funding formula must include consideration of the costs associated with the following functions: administration; Childfind; case management; and provision of other services. The funding formula must take into consideration other factors, which may include, but are not limited to, a regional site's geographic area, the general population of children from birth to under age 6, ChildCount, the Medicaid eligibility rate and cost containment measures. The formula may allocate a portion of total funds, not to exceed 8% of the State's general fund appropriation for the Child Development Services System, for distribution to the regional sites based on unanticipated changes in costs or amount of mandated services provided during the fiscal year. The formula may also include a provision to limit the magnitude of gain or loss of funds a site will experience from one fiscal year to the next. The rule for FY 01 is based on review of implementation of the rule for FY 00.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY. Chapter 296, Section 12; 5 MRSA 8073; 20-A MRSA 7727 (4-A)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Monday, September 25 , 2000; 5:00 p.m. (to be submitted to Child Development Service's State Office) (address below)
AGENCY CONTACT PERSON: Joanne C. Holmes
AGENCY NAME: CDS State Office
ADDRESS: 146 State House Station, Augusta, ME 04333
TELEPHONE:(207) 287-3272


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 2000-P181
CONCISE SUMMARY: This rule makes annual changes in maximum allotments and increases income limits. It also increases the Excess Shelter Deduction from $275 to $300.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 22, 2000
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: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 303, Actuarial Factors and Tables
PROPOSED RULE NUMBER: 2000-P182
CONCISE SUMMARY: This rule specifies the actuarial factors and tables to be used in administering the benefit plans of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 3 MRSA 701(2); 4 MRSA 1201(2); 5 MRSA 17001(2) and 17303(4)
PUBLIC HEARING: September 14, 2000, 9:05 a.m., Maine State Retirement System, Second Floor Conference Room, Two Central Plaza, corner of Capitol St. & Sewall St., Augusta, Maine 04333
DEADLINE FOR COMMENTS: September 25, 2000
AGENCY CONTACT PERSON: Sarah Walton
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: 287-3461 or 1-800-451-9800


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #10-00
PROPOSED RULE NUMBER: 2000-P183
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 9:00 a.m. Thursday, September 14, 2000, Department of Agriculture, Food & Rural Resources, Deering Building-Room 319, Augusta, Maine 04333
DEADLINE FOR COMMENTS: September 14, 2000
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building- Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY:
10-144 - Department of Human Services
10-148 - Bureau of Child and Family Services
10-149 - Bureau of Elder and Adult Services

RULE TITLE OR SUBJECT: Bureau of Elder and Adult Services Policy Manual 10-149-5
PROPOSED RULE NUMBER: 2000-P184
Repeals Ch. 551, Home Based Care Act Rules, a joint chapter
CONCISE SUMMARY: These rules will replace the July 25, 2000, emergency repeal of Chapter 551 Home Based Care Act rules 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 10-144, 10-148 and 10-149, Chapter 55l, at that time. This correction of that omission eliminates confusion and clarifies governance of the state funded Home Based Care Program. The rules governing the state funded Home Based Care Program are currently in Sections 63 and 73 in 10-149 Chapter 5, Bureau of Elder and Adult Services Policy Manual. The Bureau of Child and Family Services (successor to Bureau of Social Services) has no role in administration of the Home Based Care Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 312, 5106, 5107, 6203, 7303, 7915 and MRSA 24-A 6214
PUBLIC HEARING: September 11, 2000, 10:00 a.m., 35 Anthony Avenue, Augusta
DEADLINE FOR COMMENTS: 5:00 p.m., September 21, 2000
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station (35 Anthony Avenue), Augusta, ME 04333-0011
TELEPHONE: (207) 624-5335 or 1 (800) 262-2232
TTY: (207) 624-5442 or 1 (888) 720-1925


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Upland Game & Furbearing Animals (Beaver Trapping Closures)
PROPOSED RULE NUMBER: 2000-P185
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt the following amendments to the regulations pertaining to Upland Game and Furbearing Animals: During the open season for beaver trapping in any of the thirty wildlife management districts, certain townships May be restricted by one of the following provisions: (1) Town open to beaver trapping with certain specified areas closed: (2) Town closed to beaver trapping with certain specified areas open; (3) Town closed to all beaver trapping; or (4) Town open to all beaver trapping. A copy of the proposed beaver season rule (including recently adopted trapping season dates) may be obtained from the Agency Contact Person and Regional Wildlife or Warden Service offices.
STATUTORY AUTHORITY: 12 MRSA 703 5. PUBLIC HEARINGS: None scheduled; one may be requested
DEADLINE FOR COMMENTS: September 22, 2000
AGENCY CONTACT PERSON: Mark Stadler, Inland Fisheries and Wildlife, 284 State Street, Station #41, Augusta, ME 04333-0041
TELEPHONE: 287-5252
E-MAIL: Mark.Stadler@maine.gov


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 310, Wetland Protection Rules
PROPOSED RULE NUMBER: 2000-P186
CONCISE SUMMARY: The Department of Environmental Protection is proposing amendments to Chapter 310 that would redefine peatlands under wetlands of special significance to exclude those peatlands that have not been identified ( either previously by State resource agencies or through the DEP review process ) as having significant wetland functions and values. This would allow applicants to file applications for all activities in low value peatlands, which is currently limited to only certain activities. Peatlands with significant functions and values would not be affected by the proposed rule. The DEP review process for licensing wetland alterations as set out in the Natural Resources Protection Act and the Wetland Protection Rules, Chapter 310 would not be affected by the proposed rule. It is anticipated that only a very small number of peatlands would be affected by the rule. The definition of peatland is also being amended to include a depth of peat deposit to be consistent with the definition as applied by the Land Use Regulation Commission to ensure consistency in the regulation of peat resources statewide.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 341-D(1)
PUBLIC HEARING: No public hearing unless five (5) or more requests are received by the Bureau of Land and Water Quality.
DEADLINE FOR COMMENTS: September 29, 2000
AGENCY CONTACT PERSON: Jeff Madore
AGENCY NAME: Department of Environmental Protection
ADDRESS:17 State House Station, Augusta, Maine 04333
TELEPHONE: 287-7848


ADOPTIONS

AGENCY: 02-385 - Department of Professional & Financial Regulation, Manufactured Housing Board
CHAPTER NUMBER AND TITLE:
Ch. 110, State Certification of Manufactured Housing- Subpart B: Adoption of Codes & Standards
Ch. 310, Licensing - Authority
Ch. 320, Licensing - Definitions
Ch. 330, Licensing - Administration
Ch. 340, Licensing - Licenses
Ch. 350, Licensing - Prohibited Practices
Ch. 360, Licensing - Inspections
Ch. 370, Licensing - Complaint and Investigations
Ch. 380, Licensing - Adoption of Codes and -Standards
Ch. 381, Licensing - Home Installation Warranty Seals
ADOPTED RULE NUMBER: 2000-333 through 2000-342
CONCISE SUMMARY: The rules will establish "installer" as a new licensing category, define certain professional terms, simplify the process for filing of applications and issuance of licenses, establish a training program for all licensees, reduce the license fees by 25%, require licensees to provide evidence of products/completed operations liability insurance and workers' compensation insurance where applicable, give inspection staff authority to issue orders of correction, adopt current codes and standards, comply with current HUD procedure for filing of consumer complaints, replace the "Notice of Installation" process to conform with 10 MRSA 1404-A.
EFFECTIVE DATE: August 16, 2000
AGENCY CONTACT PERSON:
NAME: Dianne E. Sawyer, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8617


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #09-00
ADOPTED RULE NUMBER: 2000-343
CONCISE SUMMARY: Minimum September, 2000 producer Class I and Northeast Dairy Compact Over Order Price set at $16.94. Class III minimums set at $10.66. These changes were passed on in minimum prices.
EFFECTIVE DATE: September 1, 2000
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building- Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 8, Regulations Relating to Advanced Practice Registered Nursing
ADOPTED RULE NUMBER: 2000-344
CONCISE SUMMARY: Incorporate emergency rule filed April 18, 2000 which provides board criteria to make exceptions for certain clinical nurse specialists in practice prior to January 1, 1996 (when law changed) and to clarify certified nurse-midwife continued competency requirements and include American Association of Colleges of Nursing (AACN) as an accrediting body
EFFECTIVE DATE: August 20, 2000
AGENCY CONTACT PERSON: Virginia E. Delorimier
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone St., 158 State House Station Augusta, ME 04333-0158
TELEPHONE: 287-1133


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 318, Amendment 1 (Non-emergency): Wells and Plymouth Waste Oil Clean-up Program
ADOPTED RULE NUMBER: 2000-345
CONCISE SUMMARY: This rule amendment extends the filing deadline to apply for grants related to the Portland-Bangor Waste Oil Services sites and establishes the criteria to be met by applicants to obtain loans for payment of the costs of a remedial study related to the Portland-Bangor Waste Oil Services Site in Plymouth, Maine, as well as the terms and conditions of such loans. Rule name is also changed.
EFFECTIVE DATE: August 21, 2000
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles

CHAPTER NUMBER AND TITLE: Ch. 154, The Operation of Motor Intrastate and Interstate Exempt Carriers of Property For Hire
ADOPTED RULE NUMBER: 2000-346
CONCISE SUMMARY: The purpose of amending this rule is to allow for electronic filing of insurance and to do housekeeping changes.

CHAPTER NUMBER AND TITLE: Ch. 163, The Administration of the Maine Single State Registration System for Interstate Commerce Commission (Federal Motor Carrier Safety Administration) Certificated Carriers of Property and Passengers
ADOPTED RULE NUMBER: 2000-347
CONCISE SUMMARY: The purpose of amending this rule is to allow for electronic filing of insurance and to do housekeeping changes.

EFFECTIVE DATE: August 21, 2000
AGENCY CONTACT PERSON: Maurice J. Dionne, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, Maine 04333-0029
TELEPHONE: 207/624-9000 ext. 52127


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