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December 17, 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: 29-250 - Department of the Secretary of State, Bureau of Corporations, Elections and Commissions
RULE TITLE OR SUBJECT: Ch. 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: January 7,1998, 9:00 a.m. to 12:00 noon, Room 315, State Office Building, Augusta, Maine.
DEADLINE FOR COMMENTS: January 17, 1998
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: 02-386 - Department of Professional and Financial Regulation, Board of Osteopathic Licensure
RULE TITLE OR SUBJECT: Ch. 14, Continuing Medical Education
PROPOSED RULE NUMBER: 97-P262
CONCISE SUMMARY: Title 32 M.R.S.A. §2581 requires that every two years the osteopathic physician obtain 100 hours of continuing medical education, at least 40% of which must be osteopathic medical education. This chapter defines what continuing medical education will satisfy this statutory requirement and sets forth other provisions related to compliance with Section 2581.
STATUTORY AUTHORITY: 32 M.R.S.A. §2562
PUBLIC HEARING: January 8, 1998 - 9:00 a.m. - 11:00 a.m.
Board of Osteopathic Licensure, Lower Level Conference Room, Two Bangor Street, Augusta, ME 04330
DEADLINE FOR COMMENTS: January 19, 1998
AGENCY CONTACT PERSON: Susan E. Strout, Executive Secretary, 142 State House Station, Two Bangor Street, Augusta ME 04333-0142
TELEPHONE OR FAX: 207/287-2480

AGENCY: 29-250 - Secretary of State, Bureau of Corporations, Elections & Commissions, A.P.A. Office
RULE TITLE OR SUBJECT: Solicitation of Comments on the Maine Administrative Procedure Act (Rule-making)
PROPOSED RULE NUMBER: 97-P265
CONCISE SUMMARY On February 1, the Secretary of State is required to submit a report to the Governor on suggested changes to the Maine Administrative Procedure Act. As part of that process the Secretary of State is required to solicit comments from the public. All state agency rules are now on the World Wide Web. (Our Web address is: http://www.maine.gov/sos/cec/rcn/apa/depts.htm. Browse through our Web site and let us know what you think. We would be interested in receiving comments on suggested improvements to the Rule-making process and the availability of the rules on the Web. To submit comments or to obtain a copy of the Maine Administrative Procedures Act, please contact the person listed below.
STATUTORY AUTHORITY: 5 M.R.S.A. Sec. 8056-A
DEADLINE FOR COMMENTS: January 21, 1998
AGENCY CONTACT PERSON: Lucille L. Weeks
AGENCY NAME: Secretary of State
ADDRESS: Bureau of Corporations, Elections and Commissions, #101 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-4184

AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. ?, Requirements for Non-Core Utility Activities and Transactions Between Affiliates
PROPOSED RULE NUMBER: 97-P266
CONCISE SUMMARY: This rule describes the record keeping, accounting and structural requirements that Maine utilities must comply with if they engage in unregulated business ventures consistent with the requirements in 35-A M.R.S.A. §§ 503, 703, 707, 708, 714 and 715.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A, M.R.S.A. §§ 503, 707, 708, 713, 714 and 715
PUBLIC HEARING: January 6, 1998, at 1:30 p.m.
Pleases notify the Commission if special accommodations are needed to make the hearing accessible to you by calling 1-287-1396 or TTY 1-800-437-1220. Requests for reasonable accommodations must be received 48 hours before the scheduled event.
DEADLINE FOR COMMENTS: January 16, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 128, Rules and Regulations Governing the Functioning of the Maine Registry of Certified Nursing Assistants
PROPOSED RULE NUMBER: 97-P267
CONCISE SUMMARY: The existing rules were originally promulgated in 1993. These proposed regulations include the following changes:

  1. Clarify existing Certified Nursing Assistant rules in Section A.1. Statutory Basis;
  2. Deletion of Section B.1.c.;
  3. Language change in Section B.5.;
  4. Deletion of last sentence in Section B.6. and Section B.7.;
  5. Add "any convictions" under Section D.1.b.;
  6. Language changes for clarification in Section D.1.c., Section D.3., Section D.4., Section E.1., Section E.1.b.1., Section E.1.b.3., Section E.1.d, Section E.1.f., Section E.2.a.1.(a), Section E.2.2., Section E.2.2.b.;
  7. Deletion of the last sentence in Section E.7., encompassing statutory changes to include all criminal convictions with the exception of Class D and E crimes over ten (10) years old. In addition, the changes specify the requirement for remaining on the Maine Registry of Certified Nursing Assistants;
  8. Add Section E.6. to include Federal requirements to allow petition of removal of a singular occurrence of neglect from the Certified Nursing Assistant Registry cited in 42 CFR 1395i-3(g)(1).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Section 1: 22 MRSA §1812-G sub-§2; Section 2:.22 MRSA §1812-G sub-§§4 and 5
DATE(S)/PLACE(S) OF HEARING(S): January 5, 1998 at 1:30 p.m., 2nd Floor Conference Room, Division of Licensing and Certification, 35 Anthony Avenue, #11 State House Station, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: January 15, 1998
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, #1 1 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
TTY: (207) 624-5512
FAX: (207) 624-5378

AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 7, Utilization Review, Treatment Protocols, Permanent
Impairment
PROPOSED RULE NUMBER: 97-P268
CONCISE SUMMARY: The addition of two new treatment protocols to Chapter 7, Utilization Review. These protocols include guidelines for the treatment of carpal tunnel and pain management.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A M.R.S.A. §§ 152(2) & 21 0
PUBLIC HEARING: Thursday, January 8, 1998, 1:00 p.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, 1st Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 20, 1998, 5:00 p.m.
AGENCY CONTACT PERSON: Isabella Tighe, Deputy Director of Medical/ Rehabilitation Services
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station Augusta, Maine 04333-0027
TELEPHONE: 207-287-7080

ADOPTIONS

AGENCY: 17-229 - Maine Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 304, Criteria for the Functional Classification of Highways (Amendment)
ADOPTED RULE NUMBER: 97-411
CONCISE SUMMARY: Amendments-to the existing rule on the criteria between collector highways and local highways.
EFFECTIVE DATE: December 9, 1997
AGENCY CONTACT PERSON: Peter Coughlan
AGENCY NAME: DOT, Bureau of Planning
ADDRESS: 16 State House Station, Augusta, Maine 04333-0016
TELEPHONE: 287-2152

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