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November 24, 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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #00-01
PROPOSED RULE NUMBER: 99-P252
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 AUTHORITY: 7 M.R.S.A. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., Thursday, December 9, 1999, Department of Agriculture, Food & Rural Resources, Room 336 Deering Building, Augusta, Maine 04333
DEADLINE FOR COMMENTS: December 9, 1999
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. (New), License Fees to Sell Nursery Stock
PROPOSED RULE NUMBER: 99-P253
CONCISE SUMMARY: This rule establishes license fees for the sale of nursery stock in Maine. Nursery license fees are currently established in statute. Establishing these fees in rule will provide the department with more flexibility if a fee change is needed in the future. Most of the fees within the Department of Agriculture are established by rule and this is a continuation of that practice. The proposed fees are identical to those currently in statute, so there will be no increased cost to the citizens of the state from the adoption of this rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 1901, sub- 1-B
PUBLIC HEARING: December 14, 1999 at 10:00 a.m. in Room 336 in the Deering Building at the AMH1 complex.
DEADLINE FOR COMMENTS: December 27, 1999
AGENCY CONTACT PERSON: Ann Gibbs
AGENCY NAME: Maine Department of Agriculture
ADDRESS: 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-3891


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 99-P254
CONCISE SUMMARY: Food Stamp applicants and recipients, who live in Augusta, will no longer be exempt for work registration and the three (3) month time limited eligibility rules due to geographic area. The unemployment rate in Augusta, during the previous twenty four (24) months, no longer meets the exemption criteria of being at least twenty (20) percent higher than the national average.
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: December 27, 1999
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: 90-590 - Maine Health Data Organization

RULE TITLE AND NUMBER: Ch. 120, Release of Information to the Public
PROPOSED RULE NUMBER: 99-P255
CONCISE SUMMARY: This Chapter provides for the manner and extent to which information submitted to or assembled by the MHDO is made accessible to the public. The purpose of amending this Chapter is to bring the language of the rule into conformity with PL 1999, Chapter 353, to clarify the definitions as to what constitutes confidential information, and to provide for the opportunity for individual health care facilities and/or practitioners to review and comment on that portion of any report that results from the release of data by the MHDO, and relates respectively to that facility or practitioner.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 8704, sub- 4 and 8707

RULE TITLE OR SUBJECT: Ch. 125, Health Care Information that Directly Identifies an Individual
PROPOSED RULE NUMBER: 99-P256
CONCISE SUMMARY: This rule defines health care information that directly identifies an individual.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 1711-C, sub- l(E)
PUBLIC HEARING: December 17, 1999 - 9:00a.m., Board Room, Senator Inn, 284 Western Avenue, Augusta, ME.
DEADLINE FOR COMMENTS: December 28, 1999
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, Gardiner Annex - Northern Avenue, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 624-8655


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 315, Family Development Account Program (Amendment 1)
PROPOSED RULE NUMBER: 99-P257
CONCISE SUMMARY: This rule amendment is necessary to add provisions to incorporate changes to issue tax credit certificates, as allowed by L.D. 1999, ch. 475, "An Act to Encourage Contributions to Family Development Account Reserve Funds". The amendment also makes several changes recommended by the Advisory Committee on Family Development Accounts for administrative efficiency of accounts.
THIS AMENDMENT WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 10 MRSA 1075; P.L. 1999 ch. 475.
PUBLIC HEARING: December 15, 1999, 11:00 a.m., Augusta Civic Center, Civic Center Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before December 27, 1999. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, Augusta, Maine 04332-0949
VOICE: (207) 623-3263
TDD: (207) 626-2715
FAX: (207) 623-0095


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 146, Diesel-Powered Motor Vehicle Emissions Standards
PROPOSED RULE NUMBER: 99-P258
CONCISE SUMMARY: This new rule establishes emission standards for diesel-powered motor vehicles having a gross vehicle weight greater than 18,000 pounds. Vehicles will be tested during routine State Police roadside truck inspections and only those vehicles with excess emissions identified by a certified inspector are subject to the test. The enforcement of these emission standards is expected to result in the repair of poorly maintained or tampered heavy-duty diesel vehicles, and to encourage proper long term maintenance of these vehicles. Heavy-duty diesel engines used in trucks and buses are a significant source of particulate matter which contribute to air pollution problems such as fine particulates, regional haze, air toxics and acid precipitation. This rule does not apply to trucks registered as farm trucks. 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 HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585 and 585-A
PUBLIC HEARING: December 16, 1999, 1:30 p.m., Augusta Hotel, 390 Western Ave., Augusta, Maine
DEADLINE FOR COMMENTS: December 28, 1999, 5:00 p.m.
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-2437


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 140, Part 70 Air Emission License Regulations (Amendments)
PROPOSED RULE NUMBER: 99-P259
CONCISE SUMMARY: The Department of Environmental Protection is proposing to amend Chapter 140 to incorporate by reference the most recent amendments to the federal Title IV Acid Rain Program. In addition, the proposal also amends several licensing procedures, recordkeeping and reporting requirements, and exempt activities in response to federal prerequisites for program approval.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 M.R.S.A. 585 and 585-A
PUBLIC HEARING: December 16, 1999, 1:00 p.m., Augusta Hotel, Augusta
DEADLINE FOR COMMENTS: December 31, 1999
AGENCY CONTACT PERSON: Jeffrey S. Crawford
AGENCY NAME: Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: 207-287-2437


AGENCY: 26-239 - Department of the Attorney General
RULE TITLE OR SUBJECT: Ch. 106, Rules For The Maine Lemon Law Arbitration Program
PROPOSED RULE NUMBER: 99-P260
CONCISE SUMMARY: This amendment to the Maine Lemon Arbitration Law will improve administration of the Arbitration Program and adopts a recent legislative change. Among the amendments are the addition of a definition of the term "repair attempt," an adjustment of the deadline by which an arbitrator must render a decision, exclusion of excise taxes from a Lemon Arbitration award, changes in the manufacturer's disclosure statements, and adoption of the recent legislative change in the application deadline for arbitration.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 10 MRSA 1169
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: December 27, 1999
AGENCY CONTACT PERSON: Julie Shanahan
AGENCY NAME: Attorney General's Lemon Law Arbitration Program
ADDRESS: #6 State House Station, Augusta, ME 04333
TELEPHONE: 626-8848


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 97, Private Non-Medical Institution Services
ADOPTED RULE NUMBER: 99-477
CONCISE SUMMARY: This rule updates needed services through Medicaid's Private Non-medical Institution Services rule. Changes in the adopted rule include: a definition of equipment for reimbursement purposes; and a requirement that providers submit separate cost reports for each program.
EFFECTIVE DATE: November 15, 1999
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5516
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife

CHAPTER NUMBER AND TITLE: Ch. 1 - 1.02 (Ice Fishing Regulations)
ADOPTED RULE NUMBER: 99-478
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to the 1999-2000 and 2000-2001 ice fishing seasons. This body of rules is printed in its entirety in the Ice in 1999 - March 31, 2000 and Ice in 2000 - March 31, 2001 Ice Fishing Regulations Booklet available from the Department as well as license agents.

TYPE OF RULE: Amendment to Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting Seasons for Furbearing Animals
ADOPTED RULE NUM]BER: 99-479
CONCISE SUMMARY: The Commissioner of the Department of Inland Fisheries and Wildlife has adopted an amendment to the rule regarding the size and types of traps considered legal for trapping furbearing animals. A copy of the adopted rule may be obtained from the agency contact person listed below.

EFFECTIVE DATE: November 15, 1999
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


AGENCY: 90-351 - Workers' Compensation Board

CHAPTER NUMBER AND TITLE: Ch. 11, Mediation
ADOPTED RULE NUMBER: 99-481
CONCISE SUMMARY: The proposed change, in keeping with recent amendments to the Workers' Compensation Act, eliminates the requirement that a case be referred to mediation after a Provisional Order request has been ruled upon.

CHAPTER NUMBER AND TITLE: Ch. 12, Formal Hearings
ADOPTED RULE NUMBER: 99-482
CONCISE SUMMARY: The proposed change to Section 8, in keeping with recent amendments to the Workers' Compensation Act, removes the language that authorizes Hearing Officers to order one or more parties to pay for interpreter services. The proposed change to Section 9(2) eliminates the requirement that the Board send parties a Joint Scheduling Memorandum.

EFFECTIVE DATE: November 20, 1999
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers, Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207/287-7094


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
CHAPTER NO. & TITLE: Ch. 8, Rules for Snowmobile Club Grant-in-Aid Program
ADOPTED RULE NUMBER: 99-483
CONCISE SUMMARY: The existing rule establishes procedures and conditions for awarding grants to snowmobile clubs for trail maintenance expenses. The amendments to the rule increase the grant amount and establish procedures and conditions for grants (when available funds exist) for the purchase of snowmobile trail maintenance equipment. The amendments are needed, in part, to distribute a new legislative appropriation for grants for purchases of snowmobile maintenance equipment. ATV Trail Grant Funding
AGENCY CONTACT PERSON: Scott Ramsay, Bureau of Parks and Lands, Snowmobile Division, Statehouse Station #22, Augusta, ME 04333
PHONE: 207/287-4956


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