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January 18, 2006
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/rules/.


PROPOSALS

AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections & Commissions
RULE TITLE OR SUBJECT: Request for comments on the Maine Administrative Procedure Act
PROPOSED RULE NUMBER: 2006-P0
CONCISE SUMMARY: By January 30, 2006, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include any comments on these recommended improvements in the report.
STATUTORY AUTHORITY: 5 MRSA §8056-A
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: January 26, 2006
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator
AGENCY NAME: Department of Secretary of State
ADDRESS: 101 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-7650
FAX: (207) 287-6545
E-MAIL: don.wismer@maine.gov


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. (New), Rule for Vision and Hearing Screening in Maine Schools
PROPOSED RULE NUMBER: 2005-P365
CONCISE SUMMARY: This rule provides direction to public and private schools approved pursuant to 20-A MRSA Ch. 2902 in health screening of students. It is to assist school administrative units in implementing the provision of the health screening statute [Title 20-A MRSA § 6451] that requires periodic health screening to identify students that may have a sight or hearing defect.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA §6451
PUBLIC HEARING: February 9, 2006, 2:00 - 4:00 p.m.
DEADLINE FOR COMMENTS:
February 20, 2006
AGENCY CONTACT PERSON: DeEtte Hall
AGENCY NAME: Department of Education
ADDRESS: 23 Burton Cross Building, Augusta
TELEPHONE: (207) 624-6688


AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Rule Ch. 931, Viatical and Life Settlements (repeals and replaces Ch. 930)
PROPOSED RULE NUMBER: 2006-P2 and P3
CONCISE SUMMARY: The purposes of this rule are to set forth standards and procedures for the viatication of life insurance policies through viatical and life settlements, to establish and maintain standards for reasonableness of payments to viators in the case of viatical settlements, to provide for procedures for disclosure of the identity of the viator or the insured, and to establish licensing requirements and standards of conduct for viatical and life settlement providers and producers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: The Superintendent adopts this rule pursuant to 24-A MRSA §§ 212, 6806, 6810, 6812, and 6817.
PUBLIC HEARING: A public hearing will be held on Wednesday, February 8, 2006 at 10:00 a.m. in the Kennebec Room of the Department of Professional and Financial Regulation, located at 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: All comments must be received by Tuesday, February 21, 2006.
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452


AGENCY: 94-630 - Maine Biomedical Research Board
RULE TITLE OR SUBJECT: Ch. 1, Biomedical Research Fund
PROPOSED RULE NUMBER: 2006-P4
CONCISE SUMMARY: The Maine Biomedical Research Program is established to disburse program funds to eligible not-for-profit biomedical research institutions. Program funds are intended to support biomedical research in this State. An eligible institution receiving program funds under this section may use those funds for any of the following purposes; project funding; facilities funding, including debt service; equipment used in research, including debt service; or ancillary support. The purpose of the rule is to define the criteria and proposal process for applications to the fund.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §13103 sub-§9
PUBLIC HEARING: none - one will be scheduled if five or more people request one.
DEADLINE FOR COMMENTS: February 18, 2006
AGENCY CONTACT PERSON: Martha Bentley
AGENCY NAME: Maine Biomedical Research Board
ADDRESS: 2E Mechanic Street, Gardiner, ME 04345
TELEPHONE: (207) 685-3317


AGENCY: 10-144 - Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Chronic Disease, Maine Breast and Cervical Health Program
RULE TITLE OR SUBJECT: Ch. 707, Rules relating to: National Breast and Cervical Cancer Early Detection Program (NBCCEDP) in Maine
PROPOSED RULE NUMBER: 2006-P5
CONCISE SUMMARY: To finalize the emergency rules in effect since November 15, 2005. These rules are created to implement the requirements of the Centers for Disease Control and Prevention (CDC)'s Cooperative Agreement with DHHS for the implementation of the state-based National Breast and Cervical Cancer Early Detection Program, operating as the Maine Breast and Cervical Health Program (MBCHP). These rules are necessary to process daily enrollment applications received by the MBCHP and to establish protocol in determining eligibility to the screening program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 1993, c. 707, Part A, Sec. A-2
PUBLIC HEARING: January 27, 2006, 11:30 a.m. - 1:00 p.m., Key Plaza, 486 Water Street, Augusta Conference Room 1-16
DEADLINE FOR COMMENTS: February 8, 2006
AGENCY CONTACT PERSON: Celeste Philippon, MS, RN, Assistant Program Director
AGENCY NAME: Maine Breast and Cervical Health Program
ADDRESS: 11 State House Station, 286 Water Street, Key Plaza, 4th Floor, Augusta, ME 04333
TELEPHONE: (207) 287-3994


AGENCY: 10-144 - Department of Health &Human Services, Maine Center for Disease Control & Prevention, Division of Environmental Health, Subsurface Wastewater Program
RULE TITLE OR SUBJECT: Ch. 245, Rules for Site Evaluators of Subsurface Wastewater Disposal Systems
PROPOSED RULE NUMBER: 2006-P6
CONCISE SUMMARY: These modifications establish continuing professional development requirements for relicensure; raise the examination and licensing fees within statutory limits; and clarify other portions of the Rules.
TIDS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, Subsection 3-A.
PUBLIC HEARING: February 7, 2006, Augusta Elks Lodge, Augusta ME, 9 a.m.
DEADLINE FOR COMMENTS: February 24, 2006
AGENCY CONTACT PERSON: Russell G. Martin, PE
AGENCY NAME: Department of Health &Human Services
ADDRESS: Division of Environmental Health, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4735


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 352, Public Interest Payphone Program
PROPOSED RULE NUMBER: 2006-P7
CONCISE SUMMARY: The purpose of the rule .is to implement 35-A MRSA §7104(6) and 7508 by establishing the criteria the Commission will use to approve and rank requests for Public Interest Payphones. It also defines the requirements that must be met for a telephone to be considered a Public Interest Payphone, the procedures for applicants to request a Public Interest Payphone, and the means by which independent local exchange carriers will be compensated for their costs associated with Public Interest Payphones.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8001 et seq., 35-A MRSA §§ 104, 111, 7104(6) and 7508
PUBLIC HEARING: February 9, 2006 at 9:30 a.m., Maine Public Utilities Commission, 242 State Street, Augusta, Maine 04333, in the Horace A. Libby Hearing Room
DEADLINE FOR COMMENTS: Pre-hearing comments due February 3, 2006; final comments due February 20, 2006.
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. #301, Food Stamp Certification Manual, Rev. #147P, Categorical Eligibility
PROPOSED RULE NUMBER: 2006-P8
CONCISE SUMMARY: This rule will allow categorical eligibility for one and two member households which do not meet the net income test and also for households of three or more whose net food stamp income exceeds the net test, but for which a benefit amount could be calculated.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42; 7 CFR 273.2
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: February 17, 2006
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Health and Human Services, Office of Integrated Access and Support
ADDRESS: 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. #332, MaineCare Eligibility Manual, Rev. #228P: Enrollment in Medicare as a Condition of Eligibility for MaineCare
PROPOSED RULE NUMBER: 2006-P9
CONCISE SUMMARY: This rule implements changes necessary to facilitate coordination of MaineCare benefits with the new Medicare Prescription Drug Benefit also known as Medicare Part D, which starts on January 1, 2006. It establishes as a condition of MaineCare eligibility that individuals potentially eligible for Medicare Parts A, B, and/or D must enroll in these programs so long as they are eligible for MaineCare to pay their Part A and/or B premiums, copays, and deductibles. It also removes the asset test for the QMB, SLMB and QI-1 eligibility groups.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: February 17, 2006
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services
ADDRESS: Office of Integrated Access and Support, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #301, Food Stamp Certification Manual – Rev. #145A, Income Limits, Maximum Allotments, Standard Deductions, Excess Shelter Deduction, Household Composition, Excluded Income, Interviews, Certification Periods, Federally Funded Immigrants
ADOPTED RULE NUMBER: 2006-8
CONCISE SUMMARY: This policy reflects the annual increases in income limits, maximum allotments, the standard deduction for households of five or more, and the excess shelter deduction. It adds victims of severe forms of trafficking, as well as their families, to the list of potentially eligible immigrant groups for federal funding. It clarifies policy on household composition, certification periods, mandatory verification items, excluded income, interviews and Change Reporting households.
EFFECTIVE DATE: January 11, 2006
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Health and Human Services, Office of Integrated Access and Support
ADDRESS: 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 19-100 - Department of Economic and Community Development
CHAPTER NUMBER AND TITLE: Ch. 400, Employment Tax Increment Financing (ETIF) Program
ADOPTED RULE NUMBER: 2006-9
CONCISE SUMMARY: The Employment Tax Increment Financing (ETIF) program was established by the Legislature in PL 1995, Ch. 669, and amended most recently by PL 2005, Ch. 351. The amendment to the rule clarifies the changes made to the law, including aligning program definitions with the Pine Tree Development Zones (PTDZ) program, increasing the maximum reimbursement to 80% for qualified businesses in PTDZ locations, and assigning anti-shifting responsibilities to the Department of Economic and Community Development.
ETIF is available to any company that is a for-profit (non-retail) Maine business, other than a public utility, that is able to demonstrate that its expansion development project will not go forward without ETIF. In addition, to be a qualified business, the company must hire a minimum of 5 net new employees within a two year period, and provide those workers with: 1) income that exceeds the per capita personal income in the county of employment, 2) access to group health insurance, and 3) access to an ERISA-qualified retirement program.
For companies expanding in any areas of Maine, ETIF is available to assist in the financing of business investment projects that create at least 5 net new, high-quality jobs. An ETIF-approved business may be reimbursed 30%, 50% or 75% of the state income tax withholdings paid by qualified employees for up to ten years. In pine Tree Development Zones, companies in the manufacturing, financial services or targeted technology sectors, are eligible for an enhanced reimbursement of 80%. The amount of annual payment is based upon the actual number of qualified employees above the company's base level of employment.
The rule governing ETIF prescribes application requirements, procedures for calculating the employment tax increment, reporting requirements and the general administration of the program. Additionally, the rule establishes the requirements and procedures for the certification of Qualified Businesses.
EFFECTIVE DATE: January 11, 2006
AGENCY CONTACT PERSON: James Nimon, Program Manager
AGENCY NAME: DECD
ADDRESS: 59 State House Station, Augusta, ME 04333-0059
TELEPHONE: (207) 624-9822


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 611, Amendment 8, Maine College Savings Program
ADOPTED RULE NUMBER: 2006-10
CONCISE SUMMARY: The rule amendment creates Enhanced Need Scholarships for Maine's students identified as having significant need of student financial assistance. It creates the First Steps Matching Grant, providing a $50 coupon to families of all children born in Maine.
The amendments also make modifications to make the rule consistent with the Internal Revenue Code.
The rule amendments are based on the following:
1. The Finance Authority of Maine Act, 10 MRSA, §§ 961 et seq., and particularly 20-A MRSA §§ 11485 et seq., and P.L. 1997, Ch. 732 ("An Act to Authorize a Tuition Savings Plan to Encourage Attendance at Institutions of Higher Education") and the Military Family Tax Relief Act of 2003 (H.R. 3665; PL 108-121).
2. Standards of similar programs operating in other states; and
3. The expertise and experience of the members, employees and agents of the Authority, who represent a broad and diverse background in business, finance and government.
EFFECTIVE DATE: January 14, 2006
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.09, Transportation of Certain Wildlife and Fish into Maine from Outside of the State
ADOPTED RULE NUMBER: 2006-11
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules that restrict the transportation of cervid carcasses and parts into Maine as allowed under 12 MRSA Sections 10051, 10103 subsection 2, and 10104, subsection 1. This rule defines the parts of cervid carcasses that may be transported into and through Maine that pose a risk to Maine's wildlife from Chronic Wasting Disease (CWD). The rule would allow all parts of cervids normally used by hunters to be brought into the state. A copy of the rule may be obtained from the Agency Contact Person listed below.
STATUTORY AUTHORITY: 12 MRSA, §10104
EFFECTIVE DATE: January 14, 2006
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 375, No Unreasonable Adverse Impact: Section 15, Wildlife and Fisheries
ADOPTED RULE NUMBER: 2006-12
CONCISE SUMMARY: On December 1, 2005, the Board of Environmental Protection adopted proposed changes in Ch. 375, Section 15. The changes are proposed solely to increase consistency in the review of impacts to wildlife and fisheries under two state regulatory programs, the Natural Resources Protection Act (NRPA) and the Site Location of Development Law. Through Public Law 116 (LD 261), the 122nd Maine State Legislature made changes to the NRPA, which also required rulemaking to revise the department's Ch. 335, Significant Wildlife Habitat. Proposed changes to the NRPA and Ch. 335, as provisionally adopted simultaneously with Ch. 375 revisions, would establish regulatory definitions and standards for significant vernal pools, shorebird and wading and moderate to high value waterfowl habitats.
Revised versions of both Ch. 375 and provisionally adopted Ch. 335 are posted on the department's web site at http://www.maine.gov/dep/blwq/rule.htm.
EFFECTIVE DATE: January 18, 2006
AGENCY CONTACT PERSON: Judy Gates, Licensing Coordinator
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7691
E-MAIL: judy.gates@maine.gov


AGENCY: 18-125 - Bureau of Revenue Services, Department of Administrative and Financial Services
CHAPTER NUMBER AND TITLE:
18-125 CMR Ch. 103, Recordkeeping and Retention - replaces
18-125 CMR Ch. 305, Retailers Records, which is repealed.
ADOPTED RULE NUMBER: 2006-13 and 14
CONCISE SUMMARY:
18-125 CMR 103 – Recordkeeping and Retention
The purpose of this new rule is to define the requirements for the maintenance and retention of books, records, and other sources of information necessary for the determination of a person's correct tax liability. The rule applies to all taxes, including sales tax, use tax, service provider tax, and corporate income tax. A new rule regarding record keeping requirements for taxpayers is required in order to reflect the technological realities of the modem workplace. Taxpayers and tax administrators alike will benefit from the increased certainty regarding what records should be kept, and in what form they should be maintained.
18-125 CMR 305 – Retailers’ Records
This Rule is repealed since a new, more comprehensive and up-to-date rule covering the same subject matter is being adopted.
AGENCY CONTACT PERSON: John W. Sagaser, General Counsel
AGENCY NAME: Maine Revenue Services
ADDRESS: 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536