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September 15, 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
RULE 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 11, 1999 at 9:00 a.m., Maine Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: October 1, 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 NUMBER: 624-8625


AGENCY: 10-144 - Department of Human Services, Bureau of Health
RULE OR SUBJECT: Ch. 265, Maine Drug Testing Laboratory Rules (Emergency Amendments)
PROPOSED RULE NUMBER: 99-P188
CONCISE SUMMARY: These emergency amendments to the existing rule:
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.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA c. 7, 683, 687
PUBLIC HEARING: Friday, October 18, 1999, 2:00 p.m., Conference Room, 221 State Street, Augusta, ME 04333
DEADLINE FOR COMMENTS: October 18, 1999
AGENCY CONTACT PERSON: Michael C. Sodano
AGENCY NAME: Health & Environmental Testing Laboratory
ADDRESS: 221 State Street, # 12, Augusta 04333
TELEPHONE: 207-287-1929
TTY: 207-897-4479


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. (New), Rules Governing the Licensing and Inspection of Farm Cheese
PROPOSED RULE NUMBER: 99-P190
CONCISE SUMMARY: This rule defines the testing procedures, licensing, manufacturing requirements, labeling and sale restrictions of farm cheese.
THIS RULE WILL NOT HAVE A FISCAL INTACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2904-A
PUBLIC HEARING: 7 October 1999 - 10:00 a.m., Department of Agriculture, Food & Rural Resources, Room 336, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 18, 1999
AGENCY CONTACT PERSON: Shelley Falk, Director of Animal Health & Industry
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 28 State House Station, Deering Building, Augusta, Maine 04333
TELEPHONE: 207-287-3701


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 90, Repeal of Wiscasset Conservation Area II
PROPOSED RULE NUMBER: 99-P192
CONCISE SUMMARY: The Department proposes to repeal the conservation area located off Young Point, Montsweag Bay, Wiscasset. The conservation area is no longer necessary for conservation purposes or as a control area for marine worm research. The area is now actively harvested.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 15, 1999
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575
TELEPHONE: (207) 633-9584


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices. - Order #99-10
PROPOSED RULE NUMBER: 99-P193
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 A0THORITY: 7 M.R.S.A. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., September 20, 1999, Dairy Council Conference Room, 333 Cony Road, Augusta, Maine
DEADLINE FOR COMMENTS: September 20, 1999
NAME: Shelley F. Falk, Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Revisions to the Solid Waste Management Rules:
Ch. 400, General Provisions;
Ch. 401, Landfill Siting, Design and Operation;
Ch. 402, Transfer Stations and Storage Sites for Solid Waste;
Ch. 405, Water Quality Monitoring, Leachate Monitoring, and Waste Characterization;
Ch. 409, Processing Facilities; and
Ch. 418, Beneficial Use of Solid Wastes
ADOPTED RULE NUMBER: 99-357 through 99-362
CONCISE SUMMARY: The Solid Waste Management Rules contain the procedures and requirements governing the siting, design and operations of non-hazardous solid waste facilities. These rules were significantly revised in 1998. Minor revisions to the chapters listed above were made to correct errors and omissions and to clarify potentially unclear provisions of 1998 rules.
EFFECTIVE DATE: September 6, 1999
AGENCY CONTACT PERSON: Clifton Eliason
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: 207-287-6115


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 520, Unscheduled Tour, Charter and Water Taxi Services in Casco Bay
ADOPTED RULE NUMBER: 99-363
CONCISE SUMMARY The purpose of the revisions is to provide more flexibility for providers of charter and water taxi services while maintaining the distinctions between these services and ferry service to the Casco Bay Islands and make minor changes to the organization of the rule.
EFFECTIVE DATE: September 12, 1999
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), TCC Services
ADOPTED RULE NUMBER: 99-364
CONCISE SUMMARY: This rule makes transitional child care services available to families in which one or both adults are working and the family requests that their TANF benefits terminate, even though the family remains financially eligible for TANF.
EFFECTIVE DATE: October 1, 1999
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333 TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), PaS
ADOPTED RULE NUMBER: 99-365
CONCISE SUMMARY: This bill allows Parents as Scholars enrollees who are in their 3rd and 4th years of study to choose among work-site experience, education, training or study and allows program adjustment for good cause.
EFFECTIVE DATE: October 1, 1999
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 02-298 - Department of Professional & Financial Regulation, Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE:
Ch. 100, General Information;
Ch. 110, Fees;
Ch. 150, Advisory Rulings;
Ch. 160, Complaints and Investigations;
Ch. 200, Prerequisites to Licensure;
Ch. 210, Continuing Education;
Ch. 220, Educational Course Requirements;
Ch. 230, Supervising Appraiser Duties;
Ch. 240, Standards of Professional Practice
Repeals Ch. 115, 120, 130, 135, 140, 145, 170, 180
ADOPTED RULE NUMBER: 99-366 through 99-375
CONCISE SUMMARY: The amendments replace the Board's current rules. Chapter 100 establishes the Board's procedure for preparation of the agenda, access to records and the election of officers. Chapter 110 sets the fees for applications, licensing and education course approval. Chapter 150 establishes the procedures to be followed to request an advisory ruling. Chapter 160 establishes the procedure to file a complaint with the Board. Chapter 200 establishes the educational and experience requirements to qualify for a license. Chapter 210 establishes the continuing education requirements to renew a license. Chapter 220 establishes the requirements for course sponsors to qualify for approval to offer qualifying education and continuing education courses. Chapter 230 establishes the supervisory duties for an appraiser employing a trainee. Chapter 240 identifies the edition of the standards of professional practice, and establishes the requirement to display a license number and signature on appraisal certifications.
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


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