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September 2, 1998
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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 43, Hospice Services and related Allowances.
PROPOSED RULE NUMBER: 98-P181
CONCISE SUMMARY: This rule will provide Medicaid coverage for hospice services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: September 24, 1998 at 10 a.m., Second floor, 35 Anthony Ave., Augusta, ME.
DEADLINE FOR COMMENTS: October 7, 1998
AGENCY CONTACT PERSON: Marianne Ringel, Comprehensive Health Planner, AGENCY NAME: Medicaid Policy Development / Bureau of Medical Services
ADDRESS: 35 Anthony Avenue, State House Station #11, Augusta, Maine 04333
TELEPHONE: 207-624-5528
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)

AGENCY: 65-407 - Public Utilities Commission

RULE TITLE OR SUBJECT: Ch. (New), Licensing Requirements, Enforcement and Consumer Protection Provisions for Competitive Electric Providers
PROPOSED RULE NUMBER: 98-P182
CONCISE SUMMARY: To establish licensing requirements, annual reporting and enforcement provisions and consumer protective standards relating to the competitive provision of generation services.
STATUTORY AUTHORITY: 35-A M.R.S.A. 104, 111, 3101, 3203
PUBLIC HEARING: September 23, 1998, at 9:00 a.m.

RULE TITLE OR SUBJECT: Ch. (New), Renewable Resource Portfolio Requirement
PROPOSED RULE NUMBER: 98-P183
CONCISE SUMMARY: To establish the requirements and standards governing the implementation of the renewable resource portfolio requirement.
PUBLIC HEARING: September 24, 1998, at 9:00 a.m.

RULE TITLE OR SUBJECT: Ch. (New), Voluntary Renewable Resource Research-and Development Fund
PROPOSED RULE NUMBER: 98-P184
CONCISE SUMMARY: To establish a program to allow retail consumers of electricity to make voluntary contributions to fund renewable resource research and development.
PUBLIC HEARING: September 24, 1998, at 9:00 a.m.

RULE TITLE OR SUBJECT: Ch. (New), Customer Net Energy Billing
PROPOSED RULE NUMBER: 98-P185
CONCISE SUMMARY: To establish requirements and standards for customer net energy billing after the introduction of retail access.
PUBLIC HEARING: September 24, 1998, at 9:00 a.m.

STATUTORY AUTHORITY: 35-A, M.R.S.A. 104, 111, 1301, 3203(9) and 3210.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
LOCATION OF HEARINGS: at the offices of the Public Utilities Commission, 242 State Street, Augusta, Maine 04333-0018.
SPECIAL ACCOMMODATIONS: Please notify the PUC if special accommodations are needed in order to make this hearing accessible to you by calling 1-287-1396 or TTY 1-800-437-1220. Requests for reasonable accommodations must be received 48 hours before the scheduled event.
DEADLINE FOR COMMENTS: October 5, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078


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: 98-P186
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 7035.
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: October 2, 1998
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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. (New), Regulations Governing the Licensing and of Functioning of End Stage Renal Disease Units/Facilities
PROPOSED RULE NUMBER: 98-P187
CONCISE SUMMARY: This rule provides State licensing regulations for End Stage Renal Disease Units/Facilities to be surveyed annually to ensure the public health, safety, and welfare of dialysis patients in the State of Maine. The national trend of unfavorable outcomes has prompted this legislation. Presently, there is no regular oversight for this critical, lifesaving treatment other than the initial Medicare certification and random Medicare surveys, which may occur at any time from three (3) to five (5) years. This law allows deeming of Medicare surveys, avoiding duplication of the survey process. The requirements will mirror the Medicare requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Section 1, 22 MRSA, Chapter c. 412, 2041 - 2042
DATE(S)/PLACE(S) OF HEARING(S): September 22, 1998 at 1:30 p.m., Division of Licensing and Certification, 35 Anthony Avenue, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: October 2, 1998
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) 624-5443
TTY: (207) 624-5512
FAX: (207) 624-5378


AGENCY: 94-293 - Baxter State Park Authority
RULE TITLE OR SUBJECT: Ch. 1 #31, Purchase of Services and Awards
PROPOSED RULE NUMBER: 98-P188
CONCISE SUMMARY: Baxter State Park Rule #31 outlines the requirements guiding the Park's purchasing and awarding of contracts.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8056 sub- 7, 8
PUBLIC HEARING None scheduled; one will be scheduled if requested by 5 or more persons.
DEADLINE FOR COMMENTS: October 2, 1998
AGENCY CONTACT PERSON: Roxanna McLean
AGENCY NAME: Baxter State Park
ADDRESS: 64 Balsam Dr., Millinocket, ME 04462
TELEPHONE: 207-723-9500


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Cub Care
ADOPTED RULE NUMBER: 98-358
CONCISE SUMMARY: Health insurance for children age 1 or older but under age 19 will be available to families with monthly income under 185% of the federal poverty level ($1,673 for a family of 2; $2,105 for a family of 3; $2,537 for a family of 4). Services covered are the same as those covered under Medicaid. The start date for coverage under this program is August 1, 1998.
EFFECTIVE DATE: August 26, 1998
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


AGENCY: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health

CHAPTER NUMBER AND TITLE: Ch. 2, Occupational Safety and Health Standards for General Employment in the Public Sector, and OSHA Instructions CPL 2.106, Procedures and Scheduling for Occupational Exposure to Tuberculosis for Fixed Establishments Only.
ADOPTED RULE NUMBER: 98-359
CONCISE SUMMARY: The purpose of this Chapter is to incorporate by reference rules governing Occupational Safety and Health in general employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1910 as most recently amended as of July 1, 1997, with the exception of Section .134 (Respiratory Protection). The 1996 version of 29 CFR Part 1910.134 remains in effect.

CHAPTER NUMBER AND TITLE: Ch. 3, Occupational Safety and Health Standards for Construction in the Public Sector
ADOPTED RULE NUMBER: 98-360
CONCISE SUMMARY: The purpose of this Chapter is to incorporate by reference rules governing Occupational Safety and Health in construction employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1926 as most recently amended as of July 1, 1997.

EFFECTIVE DATE: August 25, 1998
AGENCY CONTACT PERSON: Alan C. Hinsey, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 094333
TELEPHONE: (207) 624-6400


AGENCY: 10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 251, Rules Governing Rabies Management
ADOPTED RULE NUMBER: 98-361
CONCISE SUMMARY: The rule changes clarify the references made in the previous rules to "isolation", "confinement", and "quarantine" of an animal involved in a rabies exposure. The words "isolation" and "confinement" have been removed and substituted with "quarantine". The new rules also allow for the quarantine of animals in the home rather than only (in some situations) in a licensed kennel or veterinary hospital. The requirement for building a home quarantine pen as per specifications in the manual have been removed. Ferrets are now included in any reference presently made to dogs and cats. They will no longer be required to be euthanized if they bite a person. The new rules, based on new scientific evidence, will treat ferrets the same as for dogs and cats in regards to quarantine issues and booster doses of rabies vaccine when required. Lastly, the rules were changed to ensure that if an animal is removed from the place of quarantine, the animal must be on a tether no longer than 6 feet.
EFFECTIVE DATE: August 25, 1998
AGENCY CONTACT PERSON: Diane Williams
AGENCY NAME: Bureau of Health
ADDRESS: 11 State House Station, 157 Capitol Street, Augusta, ME 04333
TELEPHONE: 287-5301
TTY: 287-4471 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 26.07, Sea Urchin Harvesting Season 1998-99
ADOPTED RULE NUMBER: 98-362
CONCISE SUMMARY: For purposes of conservation pursuant to 12 M.R.S.A. 6171, 6171-A, and 6749-W, this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 and Zone 2 for 1998-1999.

CHAPTER NUMBER AND TITLE: Ch. 34.10(1)(C)(3), Maine Groundfish Management Plan, Maine Territorial Seas, Groundfish Spawning Closure
ADOPTED RULE NUMBER: 98-363
CONCISE SUMMARY: The proposed regulation establishes a closure during the months of April, May and June west of a line drawn 180 degrees Magnetic from West Quoddy Head in Lubec to the Canadian international border to protect spawning groundfish. The closure affects all commercial groundfishermen who fish in Maine's territorial seas. The closure does not apply to recreational fishing of groundfish from shore, wharves, attached floats or to recreational fishing as allowed under the provisions of Chapter 34. 10(1)(B)(2). This measure is considered necessary to protect Maine's groundfish stocks.

CHAPTER NUMBER AND TITLE: Ch. 7.10, 7.30, 7.40, Requirements for Municipalities Having Shellfish Conservation Programs
ADOPTED RULE NUMBER: 98-364
CONCISE SUMMARY: The purpose of this rule is to provide a greater degree of flexibility to towns that administer shellfish conservation programs in general. The amendments specifically address the sale of licenses, the conduct of resource assessments and the procedures used by towns to allocate unsold resident and nonresident shellfish licenses after the initial period of issuance.

CHAPTER NUMBER AND TITLE: Ch. 36.01, Herring Management Plan
ADOPTED RULE NUMBER: 98-365
CONCISE SUMMARY: The Department of Marine Resources has adopted changes to existing regulations affecting the Atlantic herring fishery in Gulf of Maine coastaI waters. These changes will provide additional protection for spawning herring without interrupting the supply of non-spawning fish for lobster bait and for the canning industry. Enforcement of these regulations will be enhanced by simplifying the definition of spawn herring and allowing catches to be monitored dockside as well as at sea.
EFFECTIVE DATE: August 25, 1998
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575
TELEPHONE: (207) 633-9584


AGENCY: 02-039 - Department of Professional and Financial Regulation, Real Estate Commission
CHAPTER NUMBER AND TITLE:
Ch. 320, Agency/Designated Broker Responsibilities
Ch. 380, Fees
ADOPTED RULE NUMBER: 98-366 and 98-367
CONCISE SUMMARY: The rule repeals a section of Chapter 320 that is no longer necessary due to the repeal of the underlying statutory authority and increases real estate license, exam, course approval and other fees administered by the Real Estate Commission.
EFFECTIVE DATE: December 1, 1998
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Director
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 2, Section 213 Compensation for Partial Incapacity: Section 3, Collection of Permanent Impairment Data; & Section 4, Reimbursement from the Rehabilitation Fund
ADOPTED RULE NUMBER: 98-368
CONCISE SUMMARY: This rule requires the submission of permanent impairment ratings in accordance with 39-A M.R.S.A. 213. It also describes the manner in which such ratings are to be submitted and sets forth a procedure under which employers and insurers may seek reimbursement from the Employment Rehabilitation Fund pursuant to 39-A M.R.S.A. 213(3).
EFFECTIVE DATE: August 30, 1998
AGENCY CONTACT PERSON: John C. Rohde, Acting General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207-287-7094


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