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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

October 25, 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: 19-100 - Department of Economic and Community Development
RULE TITLE OR SUBJECT: Ch. (New), Biomedical Research Fund
PROPOSED RULE NUMBER: 2000-P226
CONCISE SUMMARY: The Maine Biomedical Research Program is established to disburse program funds to eligible not-for-profit biomedical research institutions. Program funds are intended to support biomedical research in this State. An eligible institution receiving program funds under this section may use those funds for any of the following purposes: project funding; facilities funding, including debt service; equipment used in research, including debt service; or ancillary support. The purpose of the rule is to define the criteria and proposal process for applications to the fund.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13103
PUBLIC HEARING: November 13, 2000, 1:00 to 3:00 p.m., Pine Tree State Arboretum, 153 Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: November 27, 2000
AGENCY CONTACT PERSON: Peggy Schaffer
AGENCY NAME: Department of Economic and Community Development
ADDRESS: 59 SHS, Augusta, ME 04333
TELEPHONE: 287-8480


AGENCY: 90-351 - Workers' Compensation Board

RULE TITLE OR SUBJECT: Ch. 5, Medical Fee Schedule
PROPOSED RULE NUMBER: 2000-P234
CONCISE SUMMARY: This chapter outlines billing procedures and reimbursement levels to health care providers and sets standards for health care reporting. The Board is proposing to repeal Appendix III that was effective 05/01/1999 and replace it with a new Appendix III.
STATUTORY AUTHORITY: 39-A MRSA 152(2) and 209
AGENCY CONTACT PERSON: Isabella Tighe, Deputy Director Medical/Rehab Services
TELEPHONE: 207-287-7080

RULE TITLE OR SUBJECT: Ch. 2, Section 4, Reimbursement from the Rehabilitation Fund Pursuant to 39-A MRSA 213(3) and (4).
PROPOSED RULE NUMBER: 2000-P235
CONCISE SUMMARY: This rule establishes procedures for seeking reimbursement from the Employment Rehabilitation Fund pursuant to 39-A MRSA 213(3) and (4).
STATUTORY AUTHORITY: 39-A MRSA 152(2); 213; and 355
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
TELEPHONE: 207-287-7094

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: Thursday, November 30, 2000, 5:00 p.m.
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta ME 04333-0027


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 127, New Motor Vehicle Emission Standards
PROPOSED RULE NUMBER: 2000-P236
CONCISE SUMMARY: The Department proposes to amend Chapter 127 to reflect changes to the California Low Emission Vehicle (LEV) Program that were made since the Maine program was adopted in 1993. The California Air Resources Board first' adopted LEV standards in 1990. These first LEV standards run from 1994 through 2003. In Maine, starting with model year 2001 motor vehicles, all vehicles (6,000 lbs. and less) must be California-certified. In 1998 California adopted a "second generation" of LEV standards known as LEV II. These LEV II regulations, running from 2004 through 2010, represent continuing progress in emission reductions. The LEV II amendments affect passenger cars, light-duty trucks, and medium-duty vehicles. One of the main elements is the extension of passenger car emission standards to heavier sport utility vehicles and pickup trucks (with gross vehicle weight up to 8,500 pounds) which formerly had been regulated under less-stringent emission standards. The Department is also recommending the repeal of the Zero Emission Vehicle mandate. The current Zero Emission Vehicle mandate would require that, starting in 2003, 10 percent of new vehicles sold in Maine be Zero Emission Vehicles. Copies of this rule are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 MRSA 585-A, 585-D
PUBLIC HEARING: November 16, 2000, 1:00 p.m., Holiday Inn, Augusta Maine
DEADLINE FOR COMMENTS: November 27, 2000, 5:00 p.m.
AGENCY CONTACT PERSON: Ronald W. Severance
AGENCY NAME: Department of Environmental Protection, Bureau of Air Quality
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287 - 2437


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 25.06, Vessel Ownership and Ch. 25.08, Lobster Trap Tag System
PROPOSED RULE NUMBER: 2000-P237
CONCISE SUMMARY: The Department proposes these changes as a means of enforcing the boat trap limit by requiring applicants to declare the registered vessel from which trap tags will be used and subsequently limiting the number of trap tags issued to individuals for that declared vessel by the Department. The proposed changes clarify that although trap tags are issued to the lobster license holder, at the time of license issuance or renewal the license holder must declare a registered vessel from which those tags will be used. The Commissioner may limit the number of trap tags issued for that declared vessel based on the boat trap limit pursuant to 12 MRSA 6431-A. The rule also allows for an exemption from these provisions under certain circumstances that must be approved by the Commissioner.
STATUTORY AUTHORITY: 12 MRSA 6171, 6301(5), 6431-A and 6431-13
PUBLIC HEARINGS:
November 15, 2000, 6 p.m., Culinary Arts Dining Room, Southern Maine Technical College, Fort Road, South Portland
November 13, 2000, 7:30 p.m., Holiday Inn, Acadia Room, 215 High Street, Ellsworth
November 20, 2000, 6 p.m., Samoset Resort, New Haven Room, 22 Warrenton Street, Rockport
November 21, 2000, 6 p.m., Science Building, Room 102, University of Maine, 9 O'Brien Avenue, Machias
DEADLINE FOR COMMENTS: December 1, 2000
AGENCY CONTACT PERSON: Col. Joe Fessenden
SEND WRITTEN COMMENTS TO: c/o Laurice U. Churchill
TELEPHONE: (207) 624-6550

RULE TITLE OR SUBJECT: Ch. 4, Certification, Recertification and Revocation of Certification for Municipal Shellfish Conservation Warden
PROPOSED RULE NUMBER: 2000-P238
CONCISE SUMMARY: The Department of Marine Resources (DMR) proposes clarifications to the procedures for certification, recertification and revocation of certification for the position of municipal shellfish conservation warden. Minimum standard qualifications have been added to provide consistency with other law enforcement officials. Qualified warden nominees would be required to attend the next available DMR conservation course. Towns would be required to file descriptions of warden openings and revocations, and conviction records from the court with the Department, The chapter would also be renumbered with technical changes made throughout.
STATUTORY AUTHORITY: 12 MRSA 6671(8)
PUBLIC HEARINGS:
Monday, November 13, 2000, 6:00 p.m., Holiday Inn, Acadia Room, 215 High Street, Ellsworth Tuesday
November 14, 2000, 6:00 p.m., Conference Room, Department of Marine Resources, 200 McKown Point Road, West Boothbay Harbor
DEADLINE FOR COMMENTS: November 27, 2000
AGENCY CONTACT PERSON: Laurice U. Churchill
TELEPHONE: (207) 633-9584

RULE TITLE OR SUBJECT: Ch. 25.09, Procedure for Issuing Seed Lobster Permits
PROPOSED RULE NUMBER: 2000-P239
CONCISE SUMMARY: The Department of Marine Resources proposes amending the regulations on the procedures for issuing seed lobster permits. The amendments would include adding a definition of a Maine lobster pound owner for the purpose of the seed lobster fund program, revising the formula to determine seed lobster price, defining an annual season from May 1 to April 30 for the seed lobster program, establishing new criteria on the allocation of funds and repealing unnecessary language.
STATUTORY AUTHORITY: 12 MRSA 6436(3), 6451(2), and 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: November 27, 2000
AGENCY CONTACT PERSON: Col. Joe Fessenden
SEND WRITTEN COMMENTS TO: c/o Laurice U. Churchill
TELEPHONE: (207) 624-6550

RULE TITLE OR SUBJECT: Ch. 25.93(F)(1)(b)(v), Exit Ratios for Limited Entry Zones - Zone B
PROPOSED RULE NUMBER: 2000-P240
CONCISE SUMMARY: The Department of Marine Resources proposes these regulations under Chapter 25.93(F) after considering a survey of zone members and a recommendation of the zone council as contemplated by 12 MRSA 6448. These proposed changes establish an exit ratio of 1:3 for Zone B and outline procedures for authorizing new zone entrants.
STATUTORY AUTHORITY: 12 MRSA 6448
PUBLIC HEARING: Zone B, Monday, November 13, 2000, 7:00 p.m., Holiday Inn, Acadia Room, 215 High Street, Ellsworth
DEADLINE FOR COMMENTS: Monday, November 27, 2000
AGENCY CONTACT PERSON: Laura Taylor
TELEPHONE: (207) 624-6550

RULE TITLE OR SUBJECT: Ch. 3, Foreign Fish Processing Within Maine's Territorial Sea
PROPOSED RULE NUMBER: 2000-241
CONCISE SUMMARY: The proposed repeal would strike regulation language regarding the Certification, Recertification and Revocation of Certification for Municipal Shellfish Conservation Wardens misfiled under Chapter 3, effective September 4, 1984. This is a technical correction to renumber the municipal shellfish conservation warden regulations that are simultaneously being re-filed as Ch. 4.
STATUTORY AUTHORITY: 12 MRSA 6671(8)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: November 27, 2000
AGENCY CONTACT PERSON: Laurice U. Churchill
TELEPHONE: (207) 633-9584

RULE TITLE OR SUBJECT: Ch. 50, Spiny Dogfish and Coastal Sharks
PROPOSED RULE NUMBER: 2000-P242
CONCISE SUMMARY: The Department of Marine Resources proposes regulations on the harvest, landings and possession of spiny dogfish for compliance with the Atlantic State Marine Fisheries Commission Coastal Shark and Spiny Dogfish emergency action and the National Marine Fisheries Service Spiny Dogfish Fishery Management Plan. An exception would be allowed for permitted research or biomedical use.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: November 27, 2000
AGENCY CONTACT PERSON: Laurice U. Churchill
TELEPHONE: (207) 633-9584

RULE TITLE OR SUBJECT: Ch. 25.93(F)(3), Exit Ratios for Limited Entry Zones - Exemption Application Deadline
PROPOSED RULE NUMBER: 2000-P243
CONCISE SUMMARY: The Department of Marine Resources proposes these regulations under Ch. 25.93(F)(3) to establish the date by which applicants must file their application in order to be "grandfathered" under the exemption to the limited entry zones for which this exemption applies.
STATUTORY AUTHORITY: 12 MRSA 6448
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Monday, November 27, 2000
AGENCY CONTACT PERSON: Laura Taylor
TELEPHONE: (207) 624-6550

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
MAILING ADDRESS: 21 State House Station, Augusta, Maine 04333-0021


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 32, Rules for Operation of Agricultural Marketing Loan Fund (Amendment 3)
PROPOSED RULE NUMBER: 2000-P244
CONCISE SUMMARY: Amendment 3 adds the terms and conditions for receiving technical assistance grants, adds provisions addressing loans for agricultural enterprises engaged in direct marketing, clarifies when land purchases are allowed to be part of an eligible project, and adds the ability of the commissioner to advance funds for the applicant to develop a business plan. The changes are precipitated by changes to governing law made by PL 2000, Chapters 563, 593 and 769. Additional numbering changes were made to sections/paragraphs to make the rule more usable. Finally, changes were made to avoid the need for the Credit Committee to review projects requiring less than $50,000 of AMLF funds.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 12, 435
PUBLIC HEARING: None; one would be scheduled at the request of 5 or more persons.
DEADLINE FOR COMMENTS: November 27, 2000
AGENCY CONTACT PERSON: Howard Jones Department of Agriculture, Food and Rural Resources, 28 State House Station, AMHI Annex Augusta, ME 04333-0028
TELEPHONE: 287-3871
FAX: 287-5576


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #12-00
PROPOSED RULE NUMBER: 2000-P245
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, and III 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 AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 9:00 a.m., Thursday, November 9, 2000, Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: November 9, 2000
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building- Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 04-061 - Department of Conservation, Maine Land Use Regulation
CHAPTER NUMBER AND TITLE:
Ch. 1, General Provisions
Ch. 3, Delegation of Authority to Staff
Ch. 4, Rules of Practice
Ch. 5, Rules for Public Hearings
Ch. 7, Regulation of Public Utilities
Ch. 8, Variances
Ch. 10, Land Use Districts and Standards
Ch. 15, Guidelines for Roads in Management Districts
Ch. 16, Large Lot Land Divisions
Ch. 17, Reestablishment of Commission Jurisdiction
ADOPTED RULE NUMBER: 2000-446 through 2000-455
CONCISE SUMMARY: Most of these proposed changes are a result of Executive Order #6, FY94/95, which directed each state agency to review the factual and policy basis of its rules in light of current conditions. In addition, the Commission is proposing to amend its rules to incorporate recent changes in the LURC law and allow for recreational gold prospecting and residential driveways without a permit provided certain standards are followed. Copies of these rule changes may be obtained from the Commission's office in Augusta by calling 207-287-2631 or (in-state) 800-452-8711. The complete text of the Commission's rules incorporating these changes will be available on the agency's Internet web site at http://www.maine.gov/doc/lurc/resources/resources.html.
EFFECTIVE DATE: October 17, 2000
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, 22 State House Station, Augusta, Maine 04333
TELEPHONE: 207-287-4932


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Miscellaneous Policy Amendment 52-A
ADOPTED RULE NUMBER: 2000-458
CONCISE SUMMARY: This policy amends the language in the Step-parent section of the Public Assistance Manual to eliminate the essential person policy and allow stepparents a choice to be included or excluded in most instances. The amendment to this section was omitted inadvertently when prior policy changes were adopted.
EFFECTIVE DATE: November 1, 2000
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: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #11-00
ADOPTED RULE NUMBER: 2000-459
CONCISE SUMMARY: Minimum November, 2000 producer Class I and Northeast Dairy Compact Over Order Price set at $16.94. Class III minimums set at $10.76. These changes were passed on in minimum prices.
EFFECTIVE DATE: November 1, 2000
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 29, Seaweed Regulations
ADOPTED RULE NUMBER: 2000-460
CONCISE SUMMARY: The Department of Marine Resources has adopted regulations that establish a minimum harvest cutting height of 16 inches with no cutting below the lowest lateral branches for rockweed, Ascophyllum nodosum; and mandatory reporting requirements for all licensed seaweed harvesting activity.
EFFECTIVE DATE: October 22, 2000
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584


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