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December 15, 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-P269
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: 1:00 p.m. Monday, December 27, 1999, Department of Agriculture, Food & Rural Resources, Room 336 Deering Building, Augusta, Maine 04333
DEADLINE FOR COMMENTS: December 27, 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. 32, Rules for Operation of Agricultural Marketing Loan Fund (Amendment 2)
PROPOSED RULE NUMBER: 99-P270
CONCISE SUMMARY: Amendment 2 makes changes required by P.L. 1999 ch. 504, ch. 72 and ch. 533 by changing the definition of "Agricultural Enterprise," changing the grant provisions to provide for direct transfers of grants to the newly created Agricultural Development Fund, and to incorporate certain provisions specific to cranberry projects.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. 12, 435
PUBLIC HEARING: None; one would be scheduled at the request of 5 or more persons.
DEADLINE FOR COMMENTS: Written comments are requested on or before January 15, 2000.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Department of Agriculture, Food and Rural Resources, c/o Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, Maine 04332-0949
TELEPHONE:
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 315, Family Development Account Program (Amendment 1)
PROPOSED RULE NUMBER: 99-P271
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: No public hearing scheduled; one may be requested.
DEADLINE FOR COMMENTS: Written comments must be submitted on or before January 14, 2000.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, Augusta, Maine 04332-0949
TELEPHONE:
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 119, Motor Vehicle Fuel Volatility Limits (Amendments)
PROPOSED RULE NUMBER: 99-P272
CONCISE SUMMARY: The Department is proposing amendments to Chapter 119 that will repeal the requirement to require 7.2 RVP fuel starting in year 2000, and replace it with the continued use of 7.8 RVP fuel. In addition, the Department is also amending Chapter 119 to clarify recordkeeping requirements. Copies of these rules 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 M.R.S.A. 585 and 585-A
PUBLIC HEARING: January 6, 2000, 3:30 p.m., Holiday Inn, Augusta Maine
DEADLINE FOR COMMENTS: January 17, 2000
AGENCY CONTACT PERSON: Ron Severance
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: 207-287-2437


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 145, NOx Allowance Program
PROPOSED RULE NUMBER: 99-P273
CONCISE SUMMARY: The Department is proposing to adopt a regulation to implement the Ozone Transport Region (OTR) NOx Memorandum of Understanding (MOU). The proposal will require electrical generating units, resource recovery units and major industrial sources to implement additional NOx controls beginning January 1, 2003. The control requirements include an emission rate limit of 0. 15 lbs. per million Btu for electrical generating units and resource recovery facilities, and an emission rate limit of 0.20 lbs. per million Btu for industrial sources. The proposal also includes monitoring, recordkeeping and reporting requirements. Copies of these rules 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 M.R.S.A. 585 and 585-A
PUBLIC HEARING: January 6, 2000, 1:00 p.m., Holiday Inn, Augusta Maine
DEADLINE FOR COMMENTS: January 21, 2000
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: 207-287-2437


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 519, Interim Effluent Limitations and Controls for the Discharge of Mercury
PROPOSED RULE NUMBER: 99-P274
CONCISE SUMMARY: The public comment period for this rule is reopened to allow comments on a substantive change to the rule as originally proposed. Specifically, it is proposed that section 4(13)(2) be deleted from the rule. That section reads as follows: "(2) In the event that the interim average effluent limit as calculated above is less that 4.5 ng/L for an individual licensee, that licensee will be assigned an interim average effluent limit of 4.5 ng/L.
THIS CHANGE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA Section 420, and Chapter 500, Public Laws of 1999.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: December 28, 1999 at 5:00 p.m.
AGENCY CONTACT PERSON: Dennis Merrill
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7788
E-MAIL: dennis.l.merrill@maine.gov


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
SUBJECT: TANF Caseload Reduction Report
PROPOSED RULE NUMBER: 99-P275
CONCISE SUMMARY: The Department of Human Services, Bureau of Family Independence announces that the TANF Caseload Reduction Report is available for review and comments. A copy can be obtained from the contact person listed below. THIS IS NOT A NOTICE OF A PROPOSED RULE CHANGE.
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: December 27, 1999
AGENCY CONTACT PERSON: Rose Masure
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: State House Station 11, Augusta, ME 04333
TELEPHONE: (207) 287-5089


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Removal of the Requirement for Native Americans to Pay a Monthly Cub Care Premium
PROPOSED RULE NUMBER: 99-P276
CONCISE SUMMARY: This rule removes the requirement for Native Americans to pay a premium for Cub Care.
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: January 14, 2000.
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: 12-172 - Department of Labor, Unemployment Insurance Commission
RULE TITLE OR SUBJECT: Rules Governing the Administration of the Employment Security Law, specifically amendments to:
Ch. 1, Definitions;
Ch. 2, Employer Notices, Records, Contribution and Reimbursement Payments and Reports;
Ch. 3, Unemployment Benefits, Intrastate;
Ch. 4, Unemployment Benefits, Interstate;
Ch. 5, Rules of Practice Governing Adjudicatory Proceedings;
Ch. 6, Seasonal Industry Program;
Ch. 8, Payments for Dependents;
Ch. 9, Able and Available Requirements;
Ch. 11, Deputy Determinations;
Ch. 14, Educational Institution Employees;
Ch. 16, Benefit Payments to Illegal Aliens;
Ch. 19, Other Remuneration;
Ch. 20, Unemployment Fraud or Misrepresentation by Claimants;
Ch. 22, Extended Benefits; and
Ch. 23, Dislocated Worker Benefits.
New proposed chapters:
Ch. 25, Employee Leasing Companies; and
Ch. 26, Waivers.
Repeal Ch. 100, Employment of Aliens.
PROPOSED RULE NUMBER: 99-P277
CONCISE SUMMARY: This rulemaking amends existing rules to make procedural changes relative to the replacement of in-person unemployment offices by telephone claims centers, to clarify definitions in the Employment Security Law, to update the rules for unemployment tax and benefits, and to establish rules of practice for telephone hearings. The rulemaking also proposes new rules on employee leasing companies and waivers of benefit overpayments. Finally, the rulemaking proposes repeal of an outdated rule on employment of aliens.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 M.R.S.A. 1082(2), 1191, 1192, 1194, and 1251(2).
PUBLIC HEARING: Thursday, January 6, 2000 at 10:00 a.m. in the Augusta Room, North Wing at the Augusta Civic Center
DEADLINE FOR COMMENTS: Tuesday, January 18, 2000
AGENCY CONTACT PERSON: Veronica Terroni
AGENCY NAME: Maine Unemployment Insurance Commission
ADDRESS: 40 Forest Falls Drive, Yarmouth, ME 04096-6905
TELEPHONE: (207) 846-2000
FACSIMILE: (207) 846-5216
TDD: 1-800-794-1110


AGENCY: 02-029 - Department of Professional and Financial Regulation, Bureau of Banking, Securities Division
RULE TITLE OR SU[BJECT: Ch. 515, Investment Adviser Licensing
PROPOSED RULE NUMBER: 99-P278
CONCISE SUMMARY: The proposed amendment of Chapter 515, Section 10 changes the investment adviser examination requirements to conform to the most recent proposed North American Securities Administrators Association (NASAA) model investment advisor examination rule. The amended rule will require that investment advisers and investment adviser representatives either pass the new NASAA Series 65 examination or pass both the General Securities Representative Examination (Series 7 examination) and the Uniform Combined State Law Examination (Series 66 examination). The amendment contains a grandfathering provision. Individuals who are already registered as investment advisers or qualified as investment adviser representatives on the effective date of the amendment will not be required to satisfy the new examination requirements for continued registration/qualification, except that individuals who have been found to have violated state or federal securities law may be required to do so. The amendment also contains a waiver provision for certain designated professionals. A copy of the proposed rule may be obtained by contacting the Securities Administrator, Maine Securities Division, 121 State House Station, Augusta, Maine 04333-0121.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 M.R.S.A. 10305, 10307(l), 10309, 10313, 10703.
PUBLICHEARING: Interested persons may request a hearing by contacting the Securities Administrator, Maine Securities Division, 121 State House Station, Augusta, Maine 04333-0121.
DEADLINE FOR COMMENTS: January 14, 2000
AGENCY CONTACT PERSON: Christine Bruenn, Securities Administrator
AGENCY NAMIE: Maine Securities Division
ADDRESS: 121 State House Station, Augusta, Maine 04333-0121
TELEPHONE: .(207) 624-8551


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: New Rule
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water Fishing
ADOPTED RULE NUMBER: 99-346
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted regulations for tidewater fishing which are consistent with the Maine Department of Marine Resources regulations for the Kennebec River. A copy of the rule may be obtained from the agency contact person listed below.
EFFECTIVE DATE: December 7, 1999
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State .Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAFTER NUMBER AND TITLE: Ch. 340, Mortality Tables for use in Determining Minimum Reserves and Nonforfeiture Benefits
ADOPTED RULE NUMBER: 99-504
CONCISE SUMMARY: To recognize and approve the mortality tables, for use in determining the minimum standard of valuation for annuity and pure endowment contracts.
EFFECTIVE DATE: December 13, 1999
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: 90-429 - Board of Licensure of Water Treatment Plant Operators (administered by the Department of Human Services)
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Relating to the Licensure of Water Treatment and Distribution System Operators.
ADOPTED RULE NUMBER: 99-505
CONCISE SUMMARY: This rule is designed to regulate the certifying of operators of water treatment systems and water distribution systems serving the public.
EFFECTIVE DATE: January 1, 2000
AGENCY CONTACT PERSON: Gary L. Geraway
AGENCY NAME: Department of Human Services
ADDRESS: 10 State House Station, Augusta, ME 04333-0010
TELEPHONE: (207) 287-5678


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