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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

November 21, 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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - SSI COLA Increase -2002
PROPOSED RULE NUMBER: 2001-P283
CONCISE SUMMARY: As of 1/1/02, this rule, which shows a 2.6% 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 $1,593 to$1,635. (2) The income limit for the State Supplement for an individual living at home changes from $541 to $555 and for a couple, the change is from $811 to $832. Also, as of 1/1/02, this rule increases the amount of protected assets for the community spouse of a nursing home applicant. The new amount is $89,280. The maximum monthly income allocation to a community spouse from the nursing home applicant increases to $2,232. The QI 2 payment for 2002 will be $46.92 for 1 person, $93.84 for 2.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: December 21, 2001
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 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: TANF Caseload Reduction Report
PROPOSED RULE NUMBER: 2001-P284
CONCISE SUMMARY: The Department of Human Services, Bureau of Family Independence announces that the TANF Caseload Reduction Report is available for review and comment at: Department of Human Services, #11 State House Station, Whitten Road, Augusta, Maine 04333
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMME NTS: December 13, 2001
AGENCY CONTACT PERSON: Rose Masure
AGENCY NAME: Department of Human Services
ADDRESS: #11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 147, High Pollution Vehicle Retirement Pilot Program
ADOPTED RULE NUMBER: 2001-490
CONCISE SUMMARY: The Board of Environmental Protection has amended Ch. 147 of its rules pursuant to 5 MRSA 8052 to include the definition of automobile scrapper under the Maine Revised Statutes, Title 10, 393, subsection 1-A. The amended rule also requires the participating auto scrappers be permitted through their municipality to operate pursuant to Title 30-A MRSA 3753-3760.
The first regular session of the 120th Legislature amended the statute to include the definition of automobile scrapper as automobile graveyards, licensed junkyards, as well as automobile recycling businesses as defined in Title 30-A M.R.S., 3752. The Department shall maintain a list of automobile scrappers who have volunteered to participate in the Program and are permitted by their municipality. The participating automobile scrapper must submit a signed statement that they are in compliance with that permit and all municipal ordinances, state and federal laws and regulations.
The amended rule also includes the process for making payments to automobile scrappers under the Maine Revised Statutes, Title 10 394, subsection 4-A.
In addition, this legislation allows FAME to compensate automobile scrappers up to $350.00 for each high-polluting vehicle scrapped under the Program. The current funding will allow 68 to 88 vehicles to be scrapped, depending upon how many scrappers request the full reimbursement amount of $350.00 to scrap each vehicle.
EFFECTIVE DATE: November 13, 2001
AGENCY CONTACT PERSON: Lynne Cayting
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 12-170 - Department of Labor Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 12, Rules Relating to Equal Pay
ADOPTED RULE NUMBER: 2001-493
CONCISE SUMMARY: These rules provide definitions and procedures for enforcement of the equal pay provisions of Maine Labor Law, 26 MRSA 628.
EFFECTIVE DATE: November 19, 2001
AGENCY CONTACT PERSON: Michael V. Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6400


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