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Home > Weekly Newspaper Notices > November 22, 2006

November 22, 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 internet at: http://www.maine.gov/sos/cec/rules.


PROPOSALS



HEARING ANNOUNCEMENT
AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Moose Hunting
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is holding a public hearing to obtain input on a proposal that will be presented to the 123rd Legislature for consideration. This proposal would establish, subject to approval by the Legislature, an open season on the hunting of moose in Wildlife Management Districts 15, 16, 23, and 26 beginning in 2008. Permits will be issued for any-moose. The proposal calls for allocating permits according to Wildlife Management Districts as follow:
WMD 15 – 25 any-moose
WMD 16 – 20 any-moose
WMD 23 – 45 any-moose
WMD 26 – 45 any-moose
TOTAL: 135 any-moose
The moose season shall be from the 4th Monday preceding Thanksgiving to the Saturday following Thanksgiving in WMDs 15, 16, 23, and 26 beginning in 2008.
PUBLIC HEARING: December 13, 2006, Pine Tree Arboretum, 153 Hospital Street, Augusta; 6:30 p.m.
DEADLINE FOR COMMENTS: December 23, 2006
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041
E-MAIL: Andrea.Erskine@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 97, Private Non-Medical Institution Services
PROPOSED RULE NUMBER: 2006-P316 (2nd publication)
CONCISE SUMMARY: The Department proposes to permanently adopt emergency rules currently in effect with this rulemaking that provide relief to a group of MaineCare eligible individuals with mental retardation. These individuals require personal support services, assistance with various activities of daily living, assistance and monitoring of medications, assistance and treatment of various medical conditions. The Department will cover these services under Private Non-Medical Institution (PNMI) services, Appendix F (non-Case Mixed Medical and Remedial PNMIs). The current PNMI rules require that Appendix F services be provided in single facilities. Accordingly, this rule allows Appendix F services to be provided in several facilities, also called "scattered sites."
The Department has also added language to clarify that PNMI facilities serving members with primary mental health diagnoses will, at a future unspecified date, have new service requirements upon implementation of the Behavioral Health Managed Care Initiative. Providers of PNMI services for members with a primary mental health diagnosis and providing services under Appendix B (Substance Abuse Facilities), Appendix D (Child Care Facilities), Appendix E (Community Residences for Individuals with Mental Illness) and some Appendix F (Non-Case Mixed Residential Care Facilities) will be required to work under requirements of a Managed Care Organization to provide these services. The Managed Care Organization will approve services, set rates and discontinue the auditing process currently utilized under these principles of reimbursement. Providers will be given a minimum of thirty days notice prior to implementation of the managed care. Additional changes in participation related to coverage of services will proposed in a separate rulemaking for Chapter II at a later date.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING:
Date: Wednesday, December 13, 1:00 p.m.
Location: Conference Room, DHHS Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME 04333. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before December 10, 2006.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. December 23, 2006.
AGENCY CONTACT PERSON: Patricia Dushuttle, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9362
FAX: (207) 287-9362
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 207, Real Estate Transfers
PROPOSED RULE NUMBER: 2006-P318
CONCISE SUMMARY: This rule is being amended to reflect an amendment to 36 MRSA §4641(1-A) which changed the definition of controlling interest from “either 50% or more” to “more than 50%.” The amendment also removes language which provides for an affidavit to be submitted when a person does not have a taxpayer identification number because 36 MRSA §4641-D specifically requires a taxpayer identification number to be provided. The amendment also makes some minor technical changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §§ 112, 4641(1-A), 4641-D
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: December 27, 2006
AGENCY CONTACT PERSON: Agnes Gormley, Esq., Tax Policy Analyst, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 301, Sales for Resale and Sales of Packaging Materials
PROPOSED RULE NUMBER: 2006-P319
CONCISE SUMMARY: The rule establishes procedures for making sales for resale, certain sales to lessors and service providers and sales of packaging materials exempt from sales tax, and set forth requirements for certification of exempt sales. The proposed amendments merely update the rule to reflect current law.
RULE TITLE OR SUBJECT: Ch. 303, Sales to Industrial Users
PROPOSED RULE NUMBER: 2006-P320
CONCISE SUMMARY: The rule, which has been in place since 1951 and was last amended in 1989, explains the Sales and Use Tax Law as it pertains to the exemption provisions of machinery and equipment used in production, and consumed or destroyed items. Several minor amendments and updates are needed.
RULE TITLE OR SUBJECT: Ch. 308, Direct Pay Permits
PROPOSED RULE NUMBER: 2006-P321
CONCISE SUMMARY: The rule, which has been in place for many years, establishes a system for combined reporting of purchases by manufacturers and utilities under a “direct payment permit”. Manufacturers and utilities that commonly acquire a substantial amount of tangible personal property under circumstances that make it impractical to determine, at the time of purchase, the manner in which property will be used and, therefore, impractical to determine whether the purchase or use of the property will be taxable or exempt, are authorized to remit tax pursuant to a direct payment permit. Holders of direct payment permits are given the privilege of purchasing tangible personal property without payment of the tax to their retailers and reporting and paying tax directly to the State.
The proposed amendments update the rule to take account of the enactment of the Service Provider Tax.
RULE TITLE OR SUBJECT: Ch. 313, Classified Permits
PROPOSED RULE NUMBER: 2006-P322
CONCISE SUMMARY: The rule, which has been in place since 1953 and was last amended in 1979, establishes a system for the administration of the “classified permit” method of determining exempt sales pursuant to 36 MRSA §1951-A. Under this method, a retailer who sells both taxable and exempt items may request authorization to report Maine sales tax using a classified permit that establishes the percentage of gross sales represented by sales of exempt items during a typical test period. This percentage may be used in lieu of maintaining an actual breakdown of sales of taxable and nontaxable items.
The proposed amendments clarify the rule and update a statutory citation.
RULE TITLE OR SUBJECT: Ch. 322, Sales of Food Products
PROPOSED RULE NUMBER: 2006-P323
CONCISE SUMMARY: The Bureau of Revenue Services is proposing the repeal of this Rule, which has not been amended since its promulgation in 1986 and is significantly outdated, as many statutory changes involving food products have been enacted since then. Current information on the application of the Maine Sales and Use Tax Law to food products is available to taxpayers on the Maine Revenue Services website and upon request. Maine Revenue Services also makes considerable ongoing efforts to educate taxpayers in this area.
RULE TITLE OR SUBJECT: Ch. 323, Commercial Agricultural Production, Commercial Aquacultural Production and Commercial Fishing
PROPOSED RULE NUMBER: 2006-P324
CONCISE SUMMARY: The Rule, which has not been amended since it was promulgated in 1990, explains the operation of 36 MRSA §2013 as it pertains to the issuance of refunds and certificates of exemption to persons who are engaged in commercial agricultural production, commercial aquacultural production and commercial fishing. These taxpayers should see no substantive changes with the rewritten rule.
The proposed amendments clarify and update the rule, particularly with regard to how purchases of electricity by taxpayers in this business sector are treated under the Sales and Use Tax Law.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §112
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: December 27, 2006
AGENCY CONTACT PERSON: David Bauer, Maine Revenue Services. 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681
E-MAIL: david.e.bauer@maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45.05(1)(A)(2), Shrimp Season, 2006 – 2007
PROPOSED RULE NUMBER: 2006-P325
CONCISE SUMMARY: These proposed regulations would adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing the 2006 – 2007 shrimp season. The proposed season would take place from December 1, 2006 through April 30, 2007. The season for the harvest of shrimp by trawl and by trap would be the same dates.
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARING: None scheduled; one may be requested.
RULE TITLE OR SUBJECT: Ch. 55.58, Penobscot River Fishing Closure and Exception
PROPOSED RULE NUMBER: 2006-P326
CONCISE SUMMARY: The Department proposes two changes to this regulation: 1) Remove the June 1 to October 30 season for the closure to have it be in place year round; and 2) add an exception to this closed area to accommodate the Atlantic Salmon Commission salmon season when it is open. These amendments are requested by the Atlantic Salmon Commission and would also provide clarity for enforcement by Maine Marine Patrol in this area of the Penobscot River.
STATUTORY AUTHORITY: 12 MRSA §6171(5)
PUBLIC HEARING: Tuesday, December 12, 2006, 6:00 p.m., Department of Marine Resources, Conference Room, West Boothbay Harbor
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: December 22, 2006
AGENCY CONTACT PERSON: Laurice U. Churchill (tel: 207-633-9584)
MAIL WRITTEN COMMENTS TO:
AGENCY NAME: Department of Marine Resources
ADDRESS: Attn L Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
PROPOSED RULE NUMBER: 2006-P327
CONCISE SUMMARY: A change is proposed in Section 80.09 to update the reimbursement categories of covered generic drugs for retail pharmacies. A State Upper Limit is being proposed to implement federally required reimbursement changes under the Deficit Reduction Act. Also in Section 80.09, the Department proposes to amend the language under the Rural Dispensing Fee Adjustment so that it is consistent with language recently approved by the federal government. The Centers for Medicare and Medicaid Services (CMS) has authorized the State to implement the new formula described in the proposed rule retroactive to July 1, 2006.
See http://www.maine.gov/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173 and PL 2003, ch. 673, §FFF-3
PUBLIC HEARING:
Date: December 12, 2006 – 1:00 p.m.
Location: Conference Room 1B, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before December 5, 2006.
DEADLINE FOR COMMENTS: Comments must be received by midnight December 22, 2006.
AGENCY CONTACT PERSON: Scott Goulette, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 104, Maine State Services Manual: Sections 2, 3 and 4, Maine Drugs for the Elderly Benefit, Maine Rx Plus and Maine Part D Wrap Benefits
PROPOSED RULE NUMBER: 2006-P328 through P330
CONCISE SUMMARY: The most significant change in the proposed rules is a modification of the Rural Dispensing Fee Payment (formerly known as the Maine Retail Pharmacy Provider Incentive Payment). The incentive is being revised to mirror the CMS-approved language developed for the State Medicaid (i.e., MaineCare) Pharmacy Benefit and applies to both the Maine Rx Plus and Drugs for the Elderly Benefits. The only proposed changes to the Part D Wrap Benefit are updates to the co-payment amounts outlined in Appendix A, and the inclusion of dual eligible members who are co-pay exempt under Chapter 1, Section 1.09-2 of the MaineCare Benefits Manual.
See http://www.maine.gov/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173 and 254-D, PL 2003, ch. 673, §FFF-3
PUBLIC HEARING:
Date: December 11, 2006 at 3:00 p.m.
Location: Conference Room 1A, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before December 5, 2006.
DEADLINE FOR COMMENTS: Comments must be received by midnight December 21, 2006.
AGENCY CONTACT PERSON: Scott Goulette, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207 (287) 9370
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS



AGENCY: 01-017 - Maine State Harness Racing Commission
The following two items were published in error on November 15, 2006. They have not been adopted.
CHAPTER NUMBER AND TITLE: Ch. 7, Racing, Section 45, Falling or Unseating Driver
ADOPTED RULE NUMBER: 2006-460
CONCISE SUMMARY: Allows a horse to race as a non-bettor after the State Veterinarian has examined it.
CHAPTER NUMBER AND TITLE: Ch. 9, Sire Stakes, Section 6, Conditions, Subsection 3
ADOPTED RULE NUMBER: 2006-464
CONCISE SUMMARY: The proposed change allows for no trailing horses as of the racing season of 2008.
AGENCY CONTACT PERSON: Henry W. Jackson, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221



AGENCY: 16-222 - Bureau of Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 1, Motor Vehicle Inspection Rules
ADOPTED RULE NUMBER: 2006-479
CONCISE SUMMARY: This rule contains the standards for motor vehicle safety inspections for vehicles that are required to be registered in Maine, and the administrative rules for the motor vehicle inspection program. Included in these rules are the license application procedures, standards for the rejection of motor vehicles subject to safety inspections, and the rules governing the administrative suspensions of licensees.
EFFECTIVE DATE: December 15, 2006
AGENCY CONTACT PERSON: Lt. Christopher Grotton, Bureau of the Maine State Police, 20 State House Station, Augusta, ME 04333-0020
TELEPHONE: (207) 624-8946



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45.05(1)(A)(2), Shrimp Season, 2006 – 2007, Emergency regulations
ADOPTED RULE NUMBER: 2006-480
CONCISE SUMMARY: These emergency regulations begin the process of establishing the 2006 – 2007 Northern Shrimp season in compliance with the Atlantic States Marine Fisheries Commission Northern Shrimp Fishery Management Plan set November 6, 2006. The season shall take place from December 1, 2006 through April 30, 2007. The season for the harvest of shrimp by trawl and by trap shall be the same dates.
A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: November 22, 2006
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: Attn L Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TEL: (207) 633-9584
TTY: (207) 633-9500



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.96(B)(1)&(E)(1), Lobster Apprentice Program, Safety Education Course
ADOPTED RULE NUMBER: 2006-481
CONCISE SUMMARY: New regulations for the Lobster Apprentice Program are adopted that require persons currently in the apprentice program or on a waiting list for their commercial lobster and crab license, to complete an education course in vessel safety. To become eligible for a class I, II, or III lobster and crab fishing license under 12 MRSA §6421, those persons in the apprentice program or a waiting list applicant would have to pass the education course in vessel safety.
This rule requires persons who are authorized as new zone entrants by February 1, 2007 and who purchase a Class I, II or III license, and persons who possess a license in accordance with 12 MRSA §6421(3-A)(D) and who are issued a 2007 Class I license pursuant to 12 MRSA §6448(8)(A), to document completion of the education course prior to renewal.
EFFECTIVE DATE: November 20, 2006
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: Attn L Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500