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November 5, 1997
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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Regulations Governing the Licensing and Functioning of Assisted Living Facilities
PROPOSED RULE NUMBER: 97-P224
CONCISE SUMMARY: The proposed rules which replace the current "Regulations for Licensing and Operation of Boarding Facilities ", "Rules and Procedures for Licensing and Operation of Adult Foster Facilities ", and Bureau of Elder & Adult Services Policy Manual, Section 62.03, "Requirements for Congregate Housing Services Program Certification ". The proposed rules describe the minimum requirements for the operation and licensing of Assisted Living Facilities and such requirements that the provider must meet regarding application and inspection procedures, fire safety standards, qualifications of the provider, resident rights, nutrition and health, clothing and possessions, resident records, living areas and sleeping accommodations, sanitation and safety.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22, Chapter 405, Sections 1812-C, 1812-G, Chapter 413, Section 2053, Chapter 1453, Section 5107A, Chapter 1663, Sections 7801, 7802, Chapter 1665, Sections 7901-A, 790 1 -B, 790 1 -C, 7903, 7904-A, 7905-A, 7914, 7915, Chapter 1666, Section 7922, Title 32, Chapter 31, Section 2102
PUBLIC HEARING: Wednesday, November 25, 1997 at 1:00 p.m., Elks Lodge, Civic Center Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: December 5,1997
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing & Certification
ADDRESS: 3 5 Anthony Avenue, Station 11
Augusta, Maine 04333
TELEPHONE: (207) 624-5443
TTY: (207) 624-5512


AGENCY: 02-031 - Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Chapter 870, Health Care Practitioner Self-Referrals
PROPOSED RULE NUMBER: 97-P225
CONCISE SUMMARY: This Rule sets forth criteria for determining when there are adequate safeguards against the conflict of interest that may arise when health care practitioners self-refer patients to a facility in which they have an investment interest, and establishes a process whereby a health care practitioner can apply to the Superintendent for an exemption authorizing referrals to a practitioner-owned facility.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY. 22 M.R.S.A. 2087
PUBLIC HEARING; None scheduled; one may be requested.
DEADLINE FOR COMMENTS. December 5, 1997
AGENCY CONTACT PERSON: Lyndy Morgan, Legal Secretary, Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 29-250 - Department of the Secretary of State, Bureau of Corporations, Elections and Commissions
RULE TITLE OR SUBJECT: Chapter 700, Rules Governing Eligibility and Procedures for Appointment and Renewal of Commissions of Notaries Public
PROPOSED RULE NUMBER: 97-P226
CONCISE SUMMARY: This amended rule improves and streamlines the process by which a person can apply to be commissioned as a Notary Public in the State of Maine. Additionally, the amended rule will reduce the time period by which a notary public can request a renewal of the commission after expiration.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 82
PUBLIC HEARING: None scheduled, one may be requested
DEADLINE FOR COMMENTS: December 5,1997
AGENCY CONTACT PERSON: Timothy R. Poulin, Assistant Director, Division of Rules, Boards and Commissions
AGENCY NAME: Department of the Secretary of State, Bureau of Corporations, Elections and Commissions
ADDRESS: 101 State House Station, Augusta, ME 04333-0101
TELEPHONE: (207) 287-3676


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Chapter 101, Maine Medical Assistance Manual - Chapters II & III, Section 37, Home-Based Mental Health Services
PROPOSED RULE NUMBER: 97-P227
CONCISE SUMMARY: This rule will allow children, who are receiving mental health services and are at risk of being removed from the home, to receive home-based family orientated mental health services under the Medicaid program, when administered by the Bureau of Child and Family Services or the Department of Corrections, in addition to those programs already covered by this rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: None is scheduled unless five (5) or more people request a hearing in writing to the agency contact person listed below, before the comment deadline.
DEADLINE FOR COMMENTS: December 10, 1997
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, State House Station #11, Augusta, Maine 04333
TELEPHONE: 207-624-5516 TTY: 207-287-3799


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Chapter 101, Maine Medical Assistance Manual - Chapter III, Section 90, Allowances for Physician Services
PROPOSED RULE NUMBER: 97-P228
CONCISE SUMMARY: The proposed rule repeals the current Chapter III, Section 90 and replaces it with a new streamlined version. The individual codes and fee schedule will be resident in the MMIS rather than published as part of the Maine Medical Assistance Manual. Also, provides for the establishment of a physicians quality indicator feedback reporting system, and a provider incentive award based on the feedback reports.
THIS RULE MAY HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 03173
PUBLIC HEARING: November 24,1997 1:00 p.m., Room 124, State Office Building, Augusta, ME. Persons wishing to attend who require special accommodations are requested to contact the Bureau of Medical Services at (207) 624-5521, two weeks in advance of the hearing so special arrangements can be made.
DEADLINE FOR COMMENTS: December 4,1997
AGENCY CONTACT PERSON: Maurice Gagnon, Policy Development, Bureau of Medical Services, 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333 0011
TELEPHONE: (207) 624-5527.


AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Board of Pesticides Control Rules: Adoption of Proposed Chapter 28, "Notification Provisions for Outdoor Pesticide Applications" and Amendments to Chapter 22, "Standards for Outdoor Applications by Powered Equipment in Order to Minimize Off-Target Deposition," Chapter 51, "Notice of Aerial Pesticide Applications" and Chapter 10, "Definitions and Terms."
PROPOSED RULE NUMBER: 97-P229
CONCISE SUMMARY: The Board is once again proposing Chapter 28, "Notification Provisions for Outdoor Pesticide Applications," after seeking comment earlier this year on the new rule. Chapter 28 consolidates the requirements for requesting notification about pesticide applications, for posting property on which certain commercial pesticide applications have occurred and also establishes the Maine Pesticide Notification Registry structure and fees. Because of this consolidation a number of other changes were needed. The posting and public notification provisions of Chapter 22 are being deleted and moved to Chapter 28. Two new definitions are being added to Chapter 10 and housekeeping changes are being made to Chapter 51 to correct a minor oversight which may have exempted notification being given to tenants of residential rental properties.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 M.R.S.A., 8051 et seq.; 7 M.R.S.A. 601-625; and 22 M.R.S.A., 1471 A-X.
PUBLIC HEARING: None scheduled, but one may be requested by writing to the agency contact listed below:
DEADLINE FOR COMMENTS: 5:00 p.m., December 5,1997
AGENCY CONTACT PERSON: Tammy L. Gould
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: 207-287-2731
FAX: 207-287-7548
EMAIL: aftgoul@maine.gov


AGENCY: 16-227 - Board of Trustees, Maine Criminal Justice Academy
RULE TITLE OR SUBJECT: All agency rules
PROPOSED RULE NUMBER: 97-P230
CONCISE SUMMARY: The Board of Trustees of the Maine Criminal Justice Academy has proposed amending their existing rules governing the training of law enforcement and corrections officers to bring them in conformity with L.D. 1114, "AN ACT to Amend the Laws Governing the Training and Certification of Law Enforcement Officers" which became law in July, 1994. The modifications to the existing rules will reflect changes in the entrance standards, training and in-service training requirements, as well as the waiver requests. Other proposed rule changes include making the existing language of the rules gender neutral, correcting typographical errors and amending the rule to reflect the discretionary nature of 25 M.R.S.A. 2806(1)(B)(1996).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 25 M.R.S.A. 2801-2809 (Supp. 1996), 5 M.R.S.A. 8051 (Pamph. 1996)
PUBLIC HEARING: One may be requested. The agency believes there is no need for a public hearing because a hearing on the same rules was conducted on February 7, 1997. Adoption of the rules was never formalized.
AGENCY CONTACT PERSON: Steven Giorgetti, Director
AGENCY NAME: Maine Criminal Justice Academy
ADDRESS: 93 Silver Street, Waterville, ME 04901
TELEPHONE: 207-877-8000


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Chapter 230, Rules Relating to Drinking Water State Revolving Fund
PROPOSED RULE NUMBER: 97-P231
CONCISE SUMMARY: These proposed rules detail the uses of the Drinking Water State Revolving Fund (the Fund) . They also establish the prioritization and certification of eligibility processes for Projects seeking financial assistance from the Fund. They also set forth and explain the environmental review process that public water systems must follow to receive financial assistance from the Fund for the construction of system improvement projects. An environmental review is required of all projects receiving financial assistance from the Fund. The review is a measure to ensure that the project complies with applicable local, state and federal laws relating to the protection and enhancement of the human environment that is affected by the project.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA Section 5959
PUBLIC HEARING: Tuesday, November 25, 1997, 2:00 p.m., Room 113 State office Building
DEADLINE FOR COMMENTS: Friday, December 5, 1997
AGENCY CONTACT PERSON: Wendy H. Coffin
AGENCY NAME: Department of Human Services
ADDRESS: Division of Health Engineering, 157 Capitol Street, 10 State House Station Augusta, ME 04333-0010
TELEPHONE: (207)287-5684


ADOPTIONS

AGENCY: 02-396 - Department of Professional & Financial Regulation, Office of Licensing & Registration, Board of Licensure of Podiatric Medicine

CHAPTER NUMBER AND TITLE: Chapter 1, Licensing of Podiatrists
ADOPTED RULE NUMBER: 97-363
CONCISE SUMMARY: The rules have had no changes since 1983, therefore, the Board has done a complete update and revision. Among other things, it has deleted the iteration of specific institutions accredited by the Council on Education of the American Podiatry Association, as the composition of these changes over time.

CHAPTER NUMBER AND TITLE: Chapter 2, Fees
ADOPTED RULE NUMBER: 97-364
CONCISE SUMMARY: This Chapter identifies the types, and increase the corresponding amounts, of fees associated with licensure, as this is the only means by which certain financial obligations incurred prior to the time that the Board of Licensure of Podiatric Medicine came under the auspices of the Department of Professional & Financial Regulation can be met.

CHAPTER NUMBER AND TITLE: Chapter 3, Continuing Education for Podiatrists
ADOPTED RULE NUMBER: 97-365
CONCISE SUMMARY: This chapter reduces from seven to three the number of categories within which Continuing Medical Education Credits ("CME's") may be earned.

EFFECTIVE DATE: October 27, 1997
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Administrator
ADDRESS: Office of Licensing & Registration, SHS #35, Augusta, ME 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 10-149 - Department of Human Services, Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Chapter 5, Bureau of Elder and Adult Services Policy Manual
ADOPTED RULE NUMBER: 97-366
CONCISE SUMMARY: This rule eliminates outdated requirements, integrates rules for adult protective services into the Bureau's policy manual, revises cost sharing and administrative provisions for certain home and community care services, adopts rules for review of nursing facility level of care projects under Certificate of Need, and adopts rules for review of Continuing Care Retirement Community projects.
EFFECTIVE DATE : November 1, 1997
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5335
TTY: 1-888-720-1925


AGENCY: 02-029 - Department of Professional and Financial Regulation, Bureau of Banking
CHAPTER NUMBER AND TITLE: Chapter 111 (Regulation 11), Treasury Tax and Loan Accounts; Chapter 112 (Regulation 12), Inactive Account Service Charges; Chapter 120 (Regulation 20), Interstate Bank Ownership; Chapter 125 (Regulation 25), Mobile Branches
ADOPTED RULE NUMBER: 97-370
CONCISE SUMMARY: These proposed rules repeal Chapters 111, 112, 120 and 125 as unnecessary or duplicative of state statutes.
EFFECTIVE DATE: November 2, 1997
AGENCY CONTACT PERSON:
NAME: Colette L. Mooney, Deputy Superintendent,
ADDRESS: Bureau of Banking, 36 State House Station, Augusta ME 04333-0036
PHONE NUMBER: (207) 624-8570


AGENCY: 06-096 - Department of Environmental Protection, Bureau of air Quality Control
CHAPTER NUMBER AND TITLE: Chapter 137, Emission Statements
ADOPTED RULE NUMBER: 97-371
CONCISE SUMMARY: Legislative statute required the Department to incorporate this limit: The Department may not require emission reporting of Hazardous Air Pollutants (HAPS) by stationary sources more frequently than every other year. Emission reports will be required every second year. Reports of emissions to the land and water will no longer be required to the Air Bureau. The reporting threshold of 2000 lbs/200 lbs (for HAPS) has been retained. Emissions of compounds with a vapor pressure greater than 0.1 mm mercury to Publicly Owned Treatment Works will be included in emission statements. Typos have been corrected and several smaller changes have been made.
EFFECTIVE DATE: November 2, 1997
AGENCY CONTACT PERSON: Donald L. Anderson
AGENCY NAME: Department of Environmental Protection (BAQC)
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: 207-287-2437


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance

CHAPTER NUMBER AND TITLE: Chapter 860, Alien Insurers; Port of Entry
ADOPTED RULE NUMBER: 97-372
CONCISE SUMMARY: Sets forth standards applicable to a United States branch of an alien insurer which seeks to utilize the State of Maine as a port of entry to transact insurance in the United States. It provides that a U.S. branch of an alien insurer shall be subject to those laws otherwise applicable to Maine domestic insurers, be required to deposit a specified amount of assets into a trust account kept within this State, be subject to certain reporting requirements as well as miscellaneous additional standards.

CHAPTER NUMBER AND TITLE: Amendments to Chapter 440, Plan of Operation for the Workers' Compensation Residual Market Mechanism
ADOPTED RULE NUMBER: 97-373
CONCISE SUMMARY: As requested by the Board of Governors of the Workers' Compensation Residual Market Pool, this Rule was amended by repealing Article III, "Eligibility; Application Procedures; Policy Issuance and Renewal," and by repealing and replacing Article IV, formerly entitled "Servicing Carrier Audit and Performance Standards". and now entitled "Servicing Carrier Performance Standards"

EFFECTIVE DATE: November 5, 1997
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation Bureau of Insurance, 34 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Chapter 4 - 4.1 Beaver Trapping Closures ADOPTED RULE NUMBER: 97-374
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing individual township openings and closings for the beaver trapping season. Townships or portions thereof are opened and closed on an individual basis 'to manage local beaver populations within the general season framework. A copy of the rule may be obtained from the agency contact person.
EFFECTIVE DATE: November 3, 1997
AGENCY CONTACT PERSON: Ken Elowe, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME, 04333-0041


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