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September 8, 1999
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: 02-502 - Department of Professional and Financial Regulation, Board of Complementary Health Care Providers
RVLE TITLE OR SUBJECT: Ch. 9, Fees
PROPOSED RULE NUMBER: 99-P180
CONCISE SUMMARY: The license fees for acupuncturists and naturopathic doctors is being increased in order to collect sufficient revenue to support the licensing and regulatory program for the Board of Complementary Health Care Providers. The Board is currently in a financial deficit and must increase licensing fees to become financially solvent.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 M.R.S.A., 12514 and 12526
PUBLIC HEARING: Tuesday, September 21, 1999, 9:00 a.m., at Maine Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: September 30, 1999
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMMER: 624-8625


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 109, Quality Oversight for Commercial Health Maintenance Organizations (HMOs)
PROPOSED RULE NUMBER: 99-P187
CONCISE SUMMARY: This new rule promulgates regulations that establish standards for assuring quality of care delivered by commercial health maintenance organizations. The Department of Human Services has been given the statutory authority to provide quality oversight for commercial HMO's, and this proposed rule is required to implement that authority.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 24-A M.R.S.A. c. 56
PUBLIC HEARING: September 28, 1999, 1:00 p.m., Conference Room, first floor, 35 Anthony Ave. Augusta, ME 04333
DEADLINE FOR COMMENTS: October 8, 1999
AGENCY CONTACT PERSON: Maurice Gagnon, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services, Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5527
TTY: 1-800-423-4331 or 207-287-1828
E-MAIL: moe.gagnon@maine.gov


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 424, Lead Management Regulations
PROPOSED RULE NUMBER: 99-P189
CONCISE SUMMARY: The Department is proposing minor revisions to Chapter 424, the Lead Management Regulations. The Lead Management Regulations apply to lead inspection and abatement related work in residential dwellings and child-occupied facilities. The proposed revisions are intended to clarify certain requirements of this rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 MRSA 1295
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 8, 1999
AGENCY CONTACT PERSON: Carole Cifrino
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7720


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 609, ASPIRE-JET PROGRAM RULES #1-P
PROPOSED RULE NUMBER: 99-P191
CONCISE SUMMARY: Changes in federal law during the last several years have shifted service emphasis in the ASPIRE-JET program for Food Stamp recipients from the work registration population in general to able bodied adults without dependents (known as ABAWDs). Eighty percent of the unmatched annual federal allocation from the USDAJFNS for ASPIRE-JET must now be spent on ABAWDs. This rulemaking describes the revised ASPIRE-JET Program, including the emphasis on services to ABAWDs. Terminology is also updated. This Rule was proposed in 1998, but was withdrawn to make additional changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104; Food Stamp Act of 1977; Personal Responsibility and Work Opportunity Reconciliation Act of 1996; Balanced Budget Act of 1997
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: October 8, 1999
AGENCY CONTACT PERSON: David Lanman, Special Projects Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-2637
DEAF/HARD OF HEARING TTY: (207) 287-6948


ADOPTIONS

AGENCY: 06-096 - Department of Professional & Financial Regulation, Board of Licensure of Auctioneers
CHAPTER NUMBER AND TITLE:
Repeal of current Ch. 1-5. Replacements:
Ch. 10, General Information;
Ch. 20, Fees;
Ch. 30, Qualifications for Licensure;
Ch. 40, Advisory Rulings;
Ch. 50, Minimum Standards of Practice
ADOPTED RULE NUMBER: 99-341 thru 99-346
CONCISE SUMMARY: The amendments replace the Board's current rules. Chapter 10 establishes the Board's meeting schedule, procedure for preparing agendas and election of Board officers. Chapter 20 sets the fees to be charged by the Board for applications, examinations, original and renewal licenses and miscellaneous fees. Chapter 30 establishes the qualifications for applicants to meet to be licensed, including the amount of the bond to be filed with the Board. Chapter 40 establishes the procedures to be followed to request an advisory ruling. Chapter 50 establishes the minimum standards of conduct for auctioneers to follow in advertising, the duty to a consignor, the responsibility for assistants and conduct that will constitute unprofessional practice.
EFFECTIVE DATE: September 18, 1999
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Administrator
ADDRESS: Department of Professional & Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources, Division of Quality Assurance & Regulations
CHAPTER NUMBER AND TITLE: Ch. 342, Cider and Apple Juice
ADOPTED RULE NUMBER: 99-347
CONCISE SUMMARY: This rule was adopted to update an existing rule based on today's food safety science, to implement recent changes to cider statute and to ensure the safety of Maine produced cider and juices which will, in turn, allow producers of cider and apple juice to effectively access and compete in the marketplace.
EFFECTIVE DATE: September 1, 1999
AGENCY CONTACT PERSON: David E. Gagnon, Director
AGENCY NAME: Maine Department of Agriculture, Food and Rural Resources
ADDRESS: 28 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-2161


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Substantial Gainful Employment (SGA) Test on Earnings
ADOPTED RULE NUMBER: 99-348
CONCISE SUMMARY: When an individual applies for the State Supplement to SSI based on a disability, the applicant's monthly earnings must be less than a fixed amount. Called the "Substantial Gainful Employment (SGA) Test", this rule changes the SGA from $500 to $700.
EFFECTIVE DATE: September 5, 1999
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 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 265, Maine Drug Testing Laboratory Rules (Emergency Amendment)
ADOPTED RULE NUMBER: 99-349
CONCISE SUMMARY: These emergency amendments to the existing rule will:
Lower the minimum screening cutoff level for cannabanoids in urine from 100 to 50 ng/ml and lower the corresponding confirmation cutoff level from 20 to 15 ng/ml as mandated by the change in the statute.
Raise the minimum screening and confirmation levels for opiates from 300 to 2000 ng/ml for both and allow analysis for 6-acetyl morphine with a cutoff of 10 ng/ml when opiates are >2000 ng/ml as prescribed by the DOT.
Raise the minimum screening cutoff level for amphetamine/methamphetamine from 300 to 1000 ng/ml and the confirmation cutoff from 300 to 500 ng/ml as prescribed by the DOT.
EFFECTIVE DATE: September 18, 1999
AGENCY CONTACT PERSON: Michael C. Sodano
AGENCY NAME: Health & Environmental Testing Laboratory
ADDRESS: 221 State Street, # 12, Augusta 04333
TELEPHONE: 287-1929
TTY: 207-897-4479


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4 (4.02), Migratory Bird Hunting
ADOPTED RULE NUMBER: 99-350
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 1999 Migratory Bird Hunting Season. These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treaty Act. Detailed rules may be obtained from the Agency Contact Person and will also be available at License Agent locations throughout the State.
EFFECTIVE DATE: September 5, 1999
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, Maine 04333-0041
TELEPHONE: 287-5201


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