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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

September 13, 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: 02-031 - Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 750, Standardized Health Plans
PROPOSED RULE NUMBER: 2000-P197
CONCISE SUMMARY: The purpose of Part I of this Rule is to define the coverage requirements for two standardized health plans that must be offered by all carriers providing individual and small group coverage as described in Section 3 of this Rule. This Rule also establishes marketing standards for these plans. In addition, Part I of this Rule defines a basic level of benefits that must be covered by a multiple-employer welfare arrangement (MEWA) health plan. The purpose of Part II of this Rule is to establish product design guidelines for health. maintenance organizations (HMOs) doing business in Maine. These HMO product design guidelines are designed and intended to give HMOs the flexibility to create plans, other than the required standard plans, that meet the needs of the market for health coverage at a reasonable cost. These HMO product design guidelines are not intended to be used as a standardized plan. Rather, they are intended to permit considerable flexibility in structuring co-payments, co-insurance and deductibles without sacrificing the breadth of coverage offered by HMOs in Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24 MRSA 2301(8-A) and 2327(A) and 24-A MRSA 212, 2736-C(6)(F), 2736-C(g), 2808-B(6)(G), 2808-8(8), 4204(2-A), 4222(4), and 6603(l).
PUBLIC HEARING: October 3, 2000, 9.00 a.m., Department of Professional and Financial Regulation Building, Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: October 13, 2000, 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Legal Secretary, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 2000-P198
CONCISE SUMMARY: For Food Stamp purposes, all households will need to have a face to face interview at least once a year unless the household members have no earned income, and are all elderly or receiving Supplemental Security Income (SSI) or Social Security Disability Income (SSDI). There are reasons for granting good cause for not having a face to face interview.
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: October 13, 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: 26-550 - Department of the Attorney General, Victims' Compensation Board
RULE TITLE OR SUBJECT: Ch. 8, Sexual Assault Forensic Examinations
PROPOSED RULE NUMBER: 2000-P199
CONCISE SUMMARY: This rule defines the elements of the forensic examination for alleged victims of gross sexual assault and the process for licensed hospitals and health care practitioners to obtain reimbursement from the Victims' Compensation Board.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 3360-M(2)
PUBLIC HEARING:
Date: October 2, 2000, 1:00 - 2:30 p.m.
Location: Office of the Attorney General, Key Bank Building, 8th floor, 286 Water Street, Augusta, Maine
DEADLINE FOR COMMENTS: October 12, 2000, 3:00 p.m.
AGENCY CONTACT PERSON: Deborah Shaw Rice
AGENCY NAME: Victims' Compensation Board
ADDRESS: Office of the Attorney General, 6 State House Station, Augusta, Maine 04333-0006
TELEPHONE: (207) 626-8800
FAX: (207) 624-7730


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Swans Island Area Lobster Trap Regulation: Ch. 25.90(G), Lost Tag Replacement
PROPOSED RULE NUMBER: 2000-P200
CONCISE SUMMARY: The Department proposes to amend the Swans Island Lobster Conservation Area lost tag replacement system to be consistent Department regulations Ch. 25,08, Lost Tag Replacement. The proposed amendment would also provide consistency with the 10% trap loss policies of the National Marine Fisheries Service and Atlantic States Marine Fisheries Commission lobster management plans. The proposed regulation would replace the 25-trap tag per year replacement system and distribution of those tags through the local trap committee based on the recommendation to the Commissioner by the Swans Island Lobster Conservation Trap Limit Advisory Committee.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 13, 2000
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04576-0008
TELEPHONE: (207) 633-9684


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.95(l)(B)(2)(a), Monhegan Island Lobster Conservation Area, Open Season
PROPOSED RULE NUMBER: 2000-P201
CONCISE SUMMARY: The Monhegan Island Lobster Conservation Area 180 day 2000-2001 open lobster fishing season will begin December 1, 2000 and end May 29, 2001. This regulation conforms to 12 MRSA 6472.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171 and 6472
PUBLIC HEARING: None scheduled; one may be requested
DEADLINE FOR COMMENTS: October 13, 2000
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.05, Sea Urchin Drag Regulation
PROPOSED RULE NUMBER: 2000-P202
CONCISE SUMMARY: The Department proposes to amend the sea urchin drag size regulations to prohibit the possession of sea urchins on any vessel using drags greater than 5 feet 6 inches in width as established in Department regulations Ch. 26.05 effective August 14, 1994.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 13, 2000
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.20(7), Sea Urchin Research Conservation Areas
PROPOSED RULE NUMBER: 2000-P203
CONCISE SUMMARY: The Department of Marine Resources and the Sea Urchin Zone Council propose to close an approximately two-mile square area located off Two Lights, Cape Elizabeth that has been over harvested of sea urchins. This area would be used to determine the feasibility of reestablishing sea urchins by reseeding an area that has been depleted through over harvesting. The proposed reseeding research project would conclude after three years and the regulation would sunset on December 31, 2003.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: Monday, October 2, 2000, 7:00 p.m., Casco Bay Ferry Terminal Conference Room, 56 Commercial Street, Portland
DEADLINE FOR COMMENTS: October 12, 2000
AGENCY CONTACT PERSON: Terry Stockwell
WRITTEN COMMENTS: c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9554


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 31, Horseshoe Crabs
Ch. 31.05, Horseshoe Crabs - Permit and Reporting requirements
Ch. 31.10, Horseshoe Crabs - Daily and Possession limits
PROPOSED RULE NUMBER: 2000-P204
CONCISE SUMMARY: The Department of Marine Resources proposes a 25 horseshoe crab per day per person possession limit, and permit and reporting requirements, to comply with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan on Horseshoe Crabs. An exemption would be allowed for the possession of horseshoe crabs lawfully imported. Permits would be issued at no cost.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 13, 2000
AGENCY CONTACT PERSON: Lewis N. Flagg
WRITTEN COMMENTS: c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04576-0008
TELEPHONE: (207) 624-6548


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 32.02(l), Elver Harvest Reporting Requirements
PROPOSED RULE NUMBER: 2000-P205
CONCISE SUMMARY: The Department of Marine Resources proposes to amend the elver dealer reporting requirements to bring them into compliance with the Atlantic States Marine Fisheries Commission Fishery Management Plan for American Eel. The reporting requirements will be amended to include information on the number of pieces of gear and the numbers of days fished in the log book established in the Department regulations Ch. 32.02 effective March 31, 1998.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171 and 6173
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 13, 2000
AGENCY CONTACT PERSON: Gail Wippelhauser
WRITTEN COMMENTS: c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS:, PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 624-6349


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 32.04, Eel Harvest Reporting Requirements
PROPOSED RULE NUMBER: 2000-P206
CONCISE SUMMARY: The Department of Marine Resources proposes to require eel harvesters to report a monthly summary of catch, effort, location fished, disposition of catch, price, dealer, and an estimate of eel size. The proposed regulation would bring the State of Maine into compliance with the Atlantic States Marine Fisheries Commission Fishery Management Plan for American Eel.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171 and 6173
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 13, 2000
AGENCY CONTACT PERSON: Gail Wippelhauser
WRITTEN COMMENTS: c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 624-6349


ADOPTIONS

AGENCY: 90-429 - Department of Human Services, Board of Licensure of Water Treatment Plant Operators
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Relating to the Licensure of Water Treatment and Distribution System Operators
ADOPTED RULE NUMBER: 2000-383
CONCISE SUMMARY: This rule is designed to regulate the certifying of operators of water treatment systems and water distribution systems serving the public.
EFFECTIVE DATE: September 30, 2000.
AGENCY CONTACT PERSON: Gary L. Geraway
AGENCY NAME: Department of Human Services
ADDRESS: 10 State House Station, Augusta, ME 04333-0010
TELEPHONE: (207) 287-5678


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 307, Amendment 4 - Maine Seed Capital Tax Credit Program
ADOPTED RULE NUMBER: 2000-384
CONCISE SUMMARY: This amendment added provisions relating to investments in private venture capital funds, the eligibility of which was expanded by recent legislation. Venture capital funds and the investors who invest in them may receive half of their credit before the investment has been made, so long as the investment is actually made within 3 years. Additionally, on a provisional basis, the amount of the credit has been increased from 30% to 40%, all in accordance with recent legislation.
EFFECTIVE DATE: September 5, 2000
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONES:
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 37, Home-based Mental Health Services
ADOPTED RULE NUMBER: 2000-388
CONCISE SUMMARY: This rule updates needed services through Medicaid's Home-based Mental Health Services rule. Changes in Ch. II of the adopted rule include: updated qualified staff definitions, revised definition of "Collateral Contacts," strengthened recipient eligibility requirements, modified coverage requirements and revised method of reimbursement. Changes in Ch. III of the adopted rule reduced the number of procedure codes.
EFFECTIVE DATE: September 15, 2000
AGENCY CONTACT PERSON: Robert Gross, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5528, or
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


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