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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) 624-7650
FAX (207) 287-6545

September 19, 2001
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: 09-585 - Department of Inland Fisheries & Wildlife, Maine Outdoor Heritage Fund Board
RULE TITLE OR SUBJECT: Ch. 25, Maine Outdoor Heritage Fund - Strategic Plan
PROPOSED RULE NUMBER: 2001-P221
CONCISE SUMMARY: The Maine Outdoor Heritage Fund Board is proposing to amend Parts A and B of its strategic plan to include: greater detail on what constitutes match on grant applications; and reference that environmental monitoring projects and agricultural lands containing wildlife or public recreational values are eligible for funding from the Fund. These amendments are being proposed to expand the types of projects eligible for funding from the Heritage Fund, to clarify how match is calculated by the Board, and to increase competition by soliciting a greater number of grant applications. A detailed copy of the changes can be obtained from the Agency Contact Person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7788(4.B.)
PUBLIC HEARING: None scheduled - one may be requested.
COMMENT DEADLINE: October 19, 2001
AGENCY CONTACT PERSON: Jo D. Saffeir, Secretariat, Outdoor Heritage Fund, 67 Leighton Road, Pownal, ME 04069
TELEPHONE: (207) 688-4191


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting (4.06, Wild Turkey Hunting Season)
PROPOSED RULE NUMBER: 2001-P222
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule amending the wild turkey hunting season as follows: Amend the hunting zone by adding Wildlife Management District 18 to the current zone (WMDs 12, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26 and 27); establishing a split season to occur as follows: Season A: April 29 - May 4, 2002 and May 20 - May 25, 2002; Season B: May 6 - May 11, 2002 and May 13 - May 18, 2002; All hunters: May 27 - June 1, 2002 (All permittees will be allowed to hunt during the last week of the season). The rule also increases the number of turkey hunting permits to 9,000 (4,500 in each season -A and B). A detailed copy of the proposed rule may be obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA, 7035, 7468
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: October 19, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 36.01(D)(1)(a), Herring, Spawning Area Restrictions, Eastern Maine
PROPOSED RULE NUMBER: 2001-P223
CONCISE SUMMARY: The Commissioner of the Department of Marine Resources proposes to adopt, through the regular rule-making process, an amendment to the Eastern Maine line in the herring management plan regulations. The amended line became effective with the adoption of emergency regulations on August 15, 2001 to comply with the Atlantic States Marine Fisheries Commission, Technical Addendum #1a, to Amendment 1, to the Interstate Fishery Management Plan for Atlantic Sea Herring. The amendment revises the Eastern Maine restricted spawning area by eliminating the angle located at approximately at 44 degrees 07 minutes N and 67 degrees 53 minutes W to include the entire area of Inner Schoodic Ridge to protect spawning herring.
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: Friday, October 19, 2001
AGENCY CONTACT PERSON: Lewis N. Flagg
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6550
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


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: 2001-P224
CONCISE SUMMARY: The Monhegan Island Lobster Conservation Area, 180 day 2001 - 2002 open lobster fishing season, will begin December 1, 2001 and end May 29, 2002. This regulation conforms to 12 MRSA 6472.
STATUTORY AUTHORITY: 12 MRSA 6171 and 6472

RULE TITLE OR SUBJECT: Ch. 25.95(l)(D)(4), Monhegan Island Lobster Conservation Area, Registrant Limit
PROPOSED RULE NUMBER: 2001-P225
CONCISE SUMMARY: Pursuant to 12 MRSA 6474(3) and (6), the number of registrants in the Monhegan Island Lobster Conservation Area is based on the number of persons eligible for Monhegan Lobster Conservation Area trap tags during the 1998-1999 season. For historical clarity, this proposed amendment adds a sentence to the rule declaring that number (17).
STATUTORY AUTHORITY: 12 MRSA 6171 and 6474

RULE TITLE OR SUBJECT:
Ch. 55.65, Salmon fishing in Pleasant River, Washington County - Repeal
Ch. 55.70(B), Fishing in Dennys River, Washington County - Partial Repeal
PROPOSED RULE NUMBER: 2001-P226
CONCISE SUMMARY: The Department of Marine Resources proposes to repeal the regulations under Ch. 55.65 and 55.70(B) pertaining to the method of taking Atlantic salmon in the Pleasant River and Dennys River, in Washington County. These regulations have been superceded by the Atlantic Salmon Commission (ASC) regulations, 94-289 CMR Ch. 1.01 and 1.02, that became effective January 1, 2000 and which prohibit fishing for, or the taking of, Atlantic salmon throughout Maine waters. Ch. 55.70(A) pertaining to alewives would be retained in the regulations.
STATUTORY AUTHORITY: 12 MRSA 6171

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: Friday, October 19, 2001
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
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Means Test for TANF Funded Services of Categorically Eligible Households and Excess Medical Deduction Clarification
PROPOSED RULE NUMBER: 2001-P228
CONCISE SUMMARY: Some Food Stamp households are determined to be categorically eligible for the program. Households that are categorically eligible do not have to meet an asset test, or a gross or net income test. One group of categorically eligible households are those that have at least one child who is under eighteen, or eighteen and in school full time, who is living with a parent or caretaker relative. These households receive a Resource Guide that is printed with TANF (Temporary Assistance for Needy Families) block grant money. Current policy allows these households to remain open if their net income results in the eligibility of zero benefits. In cases of one (1) or two (2) member households there is a minimum benefit amount of $10 (ten dollars). New federal regulations mandate that those households that are categorically eligible for Food Stamps, due to the receipt of a TANF funded service, must meet some type of income-based means test. This rule imposes a 100% of poverty net income test. This will result in the closure of those cases, in this category, that remained open with zero benefits or received the $10 (ten dollar) minimum benefit. No other cases should be affected. This rule also clarifies that in order for the expenses of over the counter drugs and other items to be allowable for the elderly and the disabled persons budget, the items must be approved or prescribed by a health care professional.
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 19, 2001
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: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 101, Standard Interest Rate
PROPOSED RULE NUMIBER: 2001-P229
CONCISE SUMMARY: This rule establishes the standard interest rate pursuant to,36 MRSA 186 that is charged against unpaid taxes and paid by the State on overpayment of taxes. The interest charged on outstanding county taxes cannot exceed this rate of interest (36 MRSA 892-A). The interest rate is being lowered by one percentage point, from 9% to 8%.
THIS RULE. WILL HAVE FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 36 MRSA 186
PUBLIC HEARING: None scheduled or anticipated; one may be requested.
DEADLINE FOR COMMENTS: October 22, 2001
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681


AGENCY: 02-298 - Department of Professional & Financial Regulation, Board of Real Estate Appraisers
RULE TITLE OR SUBJECT: Ch. 240, Standards of Professional Practice
PROPOSED RULE NUMBER: 2001-P230
CONCISE SUMMARY: The amendment to Ch. 240 identifies the current edition of the standards of professional practice with which licensees shall comply.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 MRSA c.124 14012
PUBLIC HEARING: Tuesday, October 9, 2001 - 9:30 a.m., Androscoggin Room, Dept. of Professional & Financial Regulation, 122 Northern Ave., Gardiner, ME
DEADLINE FOR COMMENTS: October 19, 2001
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520


ADOPTIONS

AGENCY: 94-434 - Maine Educational Loan Authority (MELA)
CHAPTER NUMBER AND TITLE: Ch. 2, Bylaws Governing the Administration of the Maine Educational Loan Authority
ADOPTED RULE NUMBER: 2001-393
CONCISE SUMMARY: The rule establishes the bylaws that govern the administration of the Maine Educational Loan Authority, including procedures for the conduct of regular business meetings.
EFFECTIVE DATE: September 11, 2001
AGENCY CONTACT PERSON: Walter Moulton, Executive Director
AGENCY NAME: Maine Educational Loan Authority
ADDRESS: One City Center, Eleventh Floor, Portland, ME 04101
TELEPHONE: (207) 791-3600


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - COLA Correction
ADOPTED RULE NUMBER: 2001-394
CONCISE SUMMARY: As of 8/1/01, this rule, which shows a .1% COLA increase in SSI benefits, changes the following monthly income amounts used in Medicaid: (1) The monthly income limit for Home Based Waivers, Katy Beckett coverage and the categorical income limit for nursing care is changed from $1,590 to $1,593. (2) The income limit for the State Supplement for an individual living at home changes from $540 to $541. The Department of Labor miscalculated the January, 2000 COLA adjustment by .1%. This rule corrects the error.
EFFECTIVE DATE: September 12, 2001
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 Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual- Categorical Eligibility, Denials for Failure to Provide Verification, Shelter Costs
ADOPTED RULE NUMBER: 2001-375
CONCISE SUMMARY: Individuals on Food Stamps must have certain information verified. Although some households are categorically eligible for Food Stamps, the following items must be verified if not previously verified by the SSI program, TANF or General Assistance: Social security numbers, sponsored alien requirements, if applicable, residency, and identification. In addition, there will no longer be denials for failure to provide verification before the end of the normal 30 day application processing period. Payments for second mortgages and home equity loans are allowable shelter costs.
EFFECTIVE DATE: September 12, 2001
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)


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