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Home > Weekly Newspaper Notices > July 30, 2008

July 30, 2008

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



AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Ch. (New), Proposed Statement for Administering the 2009 Maine Community Development Block Grant Program
PROPOSED RULE NUMBER: 2008-P162
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §13058, Subsection 3
PUBLIC HEARING: August 22, 2008, 9:30 a.m., Pine Tree State Arboretum, 153 Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: September 1, 2008, 4:00 p.m.
AGENCY CONTACT PERSON: Michael D. Baran, Acting Director, OCD, Department of Economic and Community Development, Office of Community Development, 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9816
E-MAIL: mike.baran@maine.gov



AGENCY: 02-030 – Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection
RULE TITLE OR SUBJECT: Ch. 270, Adjustment of Volume Fees (Amended)
PROPOSED RULE NUMBER: 2008-P163
CONCISE SUMMARY: 9-A MRSA §6-203, sub-§3-B establishes a mechanism to establish the level of volume fees to be paid to the Bureau of Consumer Credit Protection ("the Bureau") by non-bank supervised lenders making loans secured by an interest in land. Volume fees are set at $20 per $100,000 of original balances of loans extended by those lenders, if the Bureau's fund balance on October 1st of the previous calendar year does not exceed 125% of the Bureau's current annual budget. If the fund balance on October 1st of the previous year exceeds 125% of the Bureau's annual budget, then the rate is $15 per $100,000 of loans made. Sub-§3-C of the same section permits the Superintendent to adjust the volume fee by routine technical rule, and establishes a cap of $20 per $100,000 loaned.
On September 5, 2004 the Bureau adjusted the rate downward, to $10 per $100,000, based on the then-existing fund balance. This amended rule adjusts the rate upward, to $20 per $100,000, based on the decrease in the Bureau's fund balance. The fund balance as of October 1, 2007 represented 47.2% of the Bureau's fiscal year 2007 budget, making this adjustment appropriate under the guidelines established by the Legislature. As required by law, in establishing this adjusted figure, the Bureau has considered the reasonable costs of regulation of all aspects of mortgage lending transactions and the staffing levels required to administer the responsibilities of the Bureau.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This rule is promulgated pursuant to the authority granted by the Superintendent of the Bureau of Consumer Credit Protection by 9-A MRSA §§ 6-104(1)(E) and 6-203(3-C). It is a routine technical rule as defined by 5 MRSA § 8071(2)(A).
PUBLIC HEARING: Friday, August 22, 2008; Department of Professional and Financial Regulation; 122 Northern Avenue, Gardiner, ME
DEADLINE FOR COMMENTS: Wednesday, September 3, 2008
AGENCY CONTACT PERSON: Julie F. Haefele, Bureau of Consumer Credit Protection, 35 State House Station, Augusta, Maine 04333-0035
TELEPHONE: (207) 624-8527
E-MAIL: julie.f.haefele@maine.gov



AGENCY: 05-071 - Department of Education – State Board of Education
RULE TITLE OR SUBJECT: Ch. 61, State Board of Education Rules for Major Capital School Construction Projects
PROPOSED RULE NUMBER: 2008-P164
CONCISE SUMMARY: The State Board of Education is amending Chapter 61 in this provisional adoption to establish the procedures to be used to accept and review applications and to establish guidelines under which the Department of Education shall recommend to the State Board of Education an innovative model of consolidation and integrated secondary and postsecondary education that includes facilities for: [1] a regional high school; [2] a fully integrated career and technical high school; [3] a higher education center that will provide courses and degrees from both the University of Maine System and the Maine Community College System; and [4] centers of excellence that will provide industry specific training.
TYPE OF RULE: AMENDMENT OF EXISTING MAJOR SUBSTANTIVE RULE
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: P.L. 2008 Chapter 223
PUBLIC HEARING: Monday, August 18, 2008, 9:00-10:00 a.m., Room 103-A of the Cross Office Building, 111 Sewall Street, Augusta, Maine. The public hearing will also be available via ATM at the following locations:
Central Aroostook Jr./Sr. High School ATM Studio, Mars Hill, Maine
Bangor High School ATM Studio, Bangor, Maine
Morse High School ATM Studio, Bath, Maine
DEADLINE FOR WRITTEN COMMENTS: 5:00 p.m., Thursday, August 28, 2008
Submit written comments to the Agency Contact Person listed below.
AGENCY CONTACT PERSON: Jaci Holmes, Department of Education, 23 State House Station, Augusta, ME 04333-0023. Physical address: Cross Office Building – 5th Floor, 111 Sewall Street, Augusta. Note: no Saturday or Sunday hand delivery available – the Cross Office Building is closed.
TELEPHONE: (207) 624-6669
E-MAIL: Jaci.Holmes@Maine.Gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 34.10(1)(B)(4)(c)(i)(b), Whiting/silver hake (Merluccius bilinearis) Commercial Effort Restrictions, Season, Exemption
PROPOSED RULE NUMBER: 2008-P165
CONCISE SUMMARY: The Maine Department of Marine Resources proposes an exemption to allow the taking of whiting in Maine’s territorial waters by licensed harvesters of northern shrimp when taken as bycatch in the harvest of northern shrimp. The amount of whiting would be limited to less than or equal to the amount of shrimp on board, but not to exceed 3,500 pounds. The rule also clarifies that it is legal to land whiting taken from federal waters as bycatch in the northern shrimp fishery, subject to the same restrictions (amount of whiting would be limited to less than or equal to the amount of shrimp on board, but not to exceed 3,500 pounds).
AGENCY CONTACT PERSON: Togue Brawn (207-624-6558)
STATUTORY AUTHORITY: 12 MRSA §6171
RULE TITLE OR SUBJECT: Ch. 45.15, Shrimp traps (marking requirement)
PROPOSED RULE NUMBER: 2008-P166
CONCISE SUMMARY: The Maine Department of Marine Resources proposes shrimp trap buoy markings in Maine’s coastal waters for consistency and for compliance with the federal requirements in the NOAA Fisheries Service Atlantic Large Whale Take Reduction Plan (ALWTRP) Final Rule in accordance with the Marine Mammal Protection Act. For additional information visit the ALWTRP website: http://www.nero.noaa.gov/whaletrp/
AGENCY CONTACT PERSON: Sarah Cotnoir (tel: 207-624-6596)
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARINGS: Mon., August 18, 2008, 6:00 p m.*, Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
*A public hearing for the proposed amendments in Ch. 45 will begin immediately upon conclusion of the hearing for Ch. 34 on Whiting (see individual rule-making notices).
RULE TITLE OR SUBJECT: Ch. 25.93(F)(1)(b)(iii), Exit Ratios for Limited Entry Zones – Zone F (5:1, based on trap tags)
PROPOSED RULE NUMBER: 2008-P167
CONCISE SUMMARY: The Department of Marine Resources proposes changes to this regulation in Ch. 25.93(F) after considering a survey of zone members and a recommendation of the Zone F Council in accordance with 12 MRSA §6448. The proposed change would reestablish the exit to entry ratio of 5:1 for Zone F based upon the number of trap tags instead of licenses in accordance with 12 MRSA §6448 sub-§§ 2, 4, 6, 7 and 10. The survey results and this rulemaking do not impact student entry into the zone in accordance with 12 MRSA §6448 sub-§8(A).
RULE TITLE OR SUBJECT: Ch. 25.93(F)(1)(b)(iv), Exit Ratios for Limited Entry Zones – Zone G (5:1, based on trap tags)
PROPOSED RULE NUMBER: 2008-P168
CONCISE SUMMARY: The Department of Marine Resources proposes changes to this regulation in Ch. 25.93(F) after considering a survey of zone members and a recommendation of the Zone G Council in accordance with 12 MRSA §6448. The proposed change would reestablish the exit to entry ratio of 5:1 for Zone G based upon the number of trap tags instead of licenses in accordance with 12 MRSA §6448 sub-§§ 2, 4, 6, 7 and 10. The survey results and this rulemaking do not impact student entry into the zone in accordance with 12 MRSA §6448 sub-§8(A).
AGENCY CONTACT PERSON: Sarah Cotnoir (tel: 207-624-6596)
STATUTORY AUTHORITY: 12 MRSA §6448
PUBLIC HEARINGS: Tuesday, August 19, 2008, 6:00 p.m.*, Scarborough Municipal Building, 259 US Route One, Scarborough
*A public hearing for proposed amendments in Ch. 25.93 for Zone G will begin immediately upon conclusion of the hearing for Ch. 25.93 for Zone F (see separate rulemaking notices).
DEADLINE FOR WRITTEN COMMENTS: August 29, 2008. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
MAIL WRITTEN COMMENTS TO: DMR, attn.: L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
E-MAIL: laurice.churchill@maine.gov
TEL: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)
HEARING FACILITIES: If you require accommodations due to disability, please contact Amanda Beckwith, at (207)287-7578



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance & Regulations
RULE TITLE OR SUBJECT:
Ch. 122, Fee schedule for Inspection of Agricultural Commodities
Ch. 124, Fee Schedule for Inspection of Potatoes
PROPOSED RULE NUMBER: 2008-P169 and P170
CONCISE SUMMARY: Ch. 122: The Department is amending its fee schedule for inspection and other Quality Assurance & Regulations work, Fees are amended as follows:
(1) Certificate charge fee changed from $3.00 to $10.00;
(2) Hourly charge for copying certificates changed from $20.00 to $30.00;
(3) Easement charge changed from $10.00 to $20.00 up to one half hour; Change of $20.00 to $30.00 for one half to 1 hour; $20.00 to $30.00 change for more than 1 hour;
(4) Minimum fee for Inspector changed from $35.00 to $40.00;
(5) Net weight certification fee changed from $20.00 to $30.00;
(6) Overtime fee per inspector, per hour changed from$30.00 to $45.00;
(7) Fee per hour per inspector $20.00 to $30.00;
(8) Apples changed from $.07 to $.08 per carton;
(9) Berries changed from$.03 to $.06 per pint;
(10) Maple syrup fee per barrel changed from $2.50 to $3.00;
(11) Broccoli changed from $.07 to $.08; Overtime fee per hour changed from $5.00 to $8.00 per applicant;
(12) Fresh potatoes hundredweight basic fee changed from $.11 to $.16; Overtime fee per hour changed from $5.00 to $8.00 per applicant;
(13) Processing inspection fee per hundredweight changed from $.062 to $.082;
(14) State Agency minimum daily fee changed from $80.00 to $120.00; Fee per hour, per inspector beyond daily minimum changed from $20.00 to $30.00.
Ch. 124 is being repealed. Ch. 122, Fee Schedule for Inspection of Agricultural Commodities, .currently contains the identical terms, fees and definitions. The repeal of this chapter will provide consistency with the fee schedules and eliminate duplicate costs of future proposed fee schedule changes.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §§ 12, 441, 446, 951-B, 1033-A, 1034, 1034-A
PUBLIC HEARING: No public hearing is scheduled. These amendments are being posted to a 30-day comment period. A public hearing will be held if requested before the close of comments.
DEADLINE FOR COMMENTS: August 29, 2008
AGENCY CONTACT PERSON: Hal Prince, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine, 04333
TELEPHONE: (207) 287-3841
E-MAIL: hal.prince@maine.gov



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resource, Division of Quality Assurance & Regulations
RULE TITLE OR SUBJECT: Ch. 136, Official State of Maine Grades and Standards for Milk and Milk Products for use with the State of Maine Quality Trademark.
PROPOSED RULE NUMBER: 2008-P171
CONCISE SUMMARY: The proposed rule would add to Chapter 136 a definition - "Fresh Milk" means milks offered for sale to the public that complies with 21 CFR 101.195. Also added to this chapter will be a licensing requirement as follows: An applicant must provide the Department with proof that all milk offered for sale to the public in containers bearing the "State of Maine Quality Trademark" consists entirely of fresh milk.
THIS RULE WILL WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §§ 443, 443-B, 290l-B, 2909
PUBLIC HEARING: No public hearing is scheduled. These amendments are being posted to a 30-day comment period. A public hearing will be held if requested before the close of comments.
DEADLINE FOR COMMENTS: August 29, 2008
AGENCY CONTACT PERSON: Hal Prince, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine, 04333
TELEPHONE: (207) 287-3841
E-MAIL: hal.prince@maine.gov



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 2, Hearing Procedure
PROPOSED RULE NUMBER: 2008-P172
CONCISE SUMMARY: The Maine Milk Commission proposes to repeal this rule.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA. §2953
PUBLIC HEARING: August 22, 2008, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: September 5, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521
E-MAIL: stan.millay@maine.gov



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #09-08
PROPOSED RULE NUMBER: 2008-P173
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: August 22, 2008, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: August 22, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521
E-MAIL: stan.millay@maine.gov



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4.01(G)(1), Season Dates and Open and Closed Areas for Beaver Trapping; Mandatory Reporting of Incidental Lynx Capture
PROPOSED RULE NUMBER: 2008-P174
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt amendments to the regulations pertaining to Upland Game and Furbearing Animals establishing reporting requirements for the incidental capture of lynx (any lynx caught incidentally, whether dead or alive, during any trapping season must be reported to a game warden or biologist of the Department as soon as possible and prior to removing the animal from the trap, unless a Department official can not be reached in time to prevent injury to the lynx. Any lynx released under this provision before reporting to the Department must also be reported to the Department within 24 hours from the time it was discovered); season dates and open and closed areas for beaver trapping, as follows:
Wildlife Management Districts 1, 2, 3, 4, 5, 6: November 2 - April 30
Wildlife Management Districts 7, 13, 14, 17: December 1 - March 31
Wildlife Management Districts 8, 9, 10, 11, 18, 19, 28: November 1 - April 15
Wildlife Management Districts 12, 15, 16, 23, 25, 26, 27, 29: December 1 - February 28
Wildlife Management Districts 20, 21, 22, 24: December 15 - February 28
During the open season for beaver trapping in any of the twenty-nine wildlife management districts (WMDs), certain townships may be restricted by one of the following provisions:
(1) Town open to beaver trapping with certain specified areas closed;
(2) Town closed to beaver trapping with certain specified areas open;
(3) Town closed to all beaver trapping; or
(4) Town open to all beaver trapping.
A copy of the proposed open and closed areas by WMD for beaver trapping season may be obtained from the Agency Contact Person and Regional Wildlife or Warden Service offices.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARINGS: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: August 29, 2008
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 State House Station, Augusta, ME 04333-0041
E-MAIL: Andrea.Erskine@Maine.gov



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4.02(B), Migratory Bird Hunting Season
PROPOSED RULE NUMBER: 2008-P175
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider adoption of the following rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds (SUBJECT TO CHANGE TO COMPLY WITH FINAL FEDERAL GUIDELINES PUBLISHED IN SEPTEMBER).
1) Ducks (not including mergansers):
NORTH ZONE: October 1 through December 9, 2008
SOUTH ZONE: October 1 through October 25, 2008, and November 10 through December 23, 2008
Daily Limit 6 ducks, no more than 4 of anyone species; possession limit 12, no more than 8 of anyone species, with the following exceptions:
a. Closed season for harlequin ducks and Barrow's goldeneye
b. Daily limit: 1; possession limit: 2 for black ducks, pintail, mottled ducks, and fulvous tree ducks.
c. Daily limit: 2; possession limit: 4 for hen mallard, wood ducks, canvasbacks, and redhead ducks.
d. Daily limit: 2; possession limit: 4 for scaup.
e. Daily limit of 4; possession limit: 8 for teal (blue and green-winged teal).
2) Mergansers and American coots: SEASON SAME AS DUCKS.
Mergansers: Daily limit 5 in the aggregate; possession limit 10 with the following exceptions:
Hooded mergansers: daily limit: 2; possession limit: 4.
American coot: Daily limit 5, possession limit 10.
3) Canada Geese (Special Early Season): September 2 through September 25, 2008.
NORTH ZONE: Daily limit 6; possession limit: 12.
SOUTH ZONE: Daily limit 8; possession limit: 16.
Regular Goose Season:
NORTH ZONE: October 1 through December 9, 2008.
SOUTH ZONE: October 1 through October 25, 2008, and November 10 through December 23, 2008.
Daily limit: 2; possession limit: 4
4) Snow Geese: October 1, 2008 - January 31, 2009. Daily limit 15; no possession limit.
5) Brant: November 10 - December 23,2008. Daily limit 2; possession limit 4.
6) Special Falconry Season: In addition to the regular migratory bird season on ducks, mergansers, and American coots:
NORTH ZONE: December 9, 2008 through January 31, 2009.
SOUTH ZONE: January 2, 2009 through February 25, 2009.
Falconry season daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 6 birds respectively, singly or in the aggregate.
7) Sea Ducks: (scoters, eiders, and long-tailed ducks in the sea duck zone):
October 1, 2008 through January 31, 2009.
Daily limit 7; possession limit 14 with following exceptions:
Scoter: daily limit: 4; possession limit: 8.
Common Eider: daily limit: 5; possession limit: 10.
8) Woodcock: October 1 - October 25, 2008, and October 27 - October 31, 2008
Daily limit 3; possession limit 6.
9) Common Snipe: September 2 - December 20, 2008. Daily limit 8; possession limit 16
10) Rails (Sora and Virginia): September 2 - November 10, 2008. Daily limit 25; possession limit 25
11) Moorhens and Gallinules: Closed Season
12) Youth Waterfowl Hunt: September 20, 2008. Bag limits as above. Special regulations will apply to youth and accompanying adult.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §§ 10104 and 11855
PUBLIC HEARING: Wednesday, August 20, 2008 at 6:30 p.m. at the Augusta Civic Center, Kennebec/Penobscot Room, Community Drive, Augusta, ME
DEADLINE FOR COMMENTS: August 20, 2008
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333
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. II Section 2, Adult Family Care Services
PROPOSED RULE NUMBER: 2008-P176
CONCISE SUMMARY: The Department is proposing these rules to permanently adopt emergency rules currently in place. This rule will increase the limit of reimbursable beds in an Adult Family Care Home from six to eight beds. This rule will also add an additional type of licensure that Adult Family Care Homes may have in order to be reimbursed appropriately when the facility has more than six beds. Currently Adult Family Care Homes must be licensed as an Assisted Living Program: Level III Residential Care Facility. Those facilities with more than six beds will require licensure as an Assisted Living Program: Level IV Residential Care Facility.
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 Sections 42, 3173
PUBLIC HEARING: August 20, 2008, 1:00 p.m., Conference Room 1A, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 13, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight August 31, 2008.
AGENCY CONTACT PERSON: Patricia Dushuttle, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: patricia.dushuttle@maine.gov



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. #FS 160P: Food, Conservation and Energy Act of 2008 Mandatory Changes
PROPOSED RULE NUMBER: 2008-P177
CONCISE SUMMARY: This rule proposes the following change to comply with Federal Law:
1. Remove Individual Retirement Accounts and other pension plans as countable assets.
2. Adds several tax-deferred retirement accounts to the list of excluded assets.
3. Adds certain Federal Thrift Savings accounts to the list of excluded assets.
4. Adds certain tax-deferred education savings accounts to the list of excluded assets.
5. Removes dependent care deduction cap and allows all out of pocket expenses for dependent care.
6. Add dependent care deductions to the list of mandatory verification items.
7. Changes notification criteria and expungement time line for aging Food Stamp benefits.
This rule also proposes the following policy correction and addition for clarification:
1. Correct typographical error under Ending Job Quit Disqualification.
2. Adds a specific example under ineligible student status exemptions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42 and 3104; 7 U.S.C. §§ 2014 and 2016, as amended by Title IV, Food, Energy and Conservation Act of 2008, P.L. 110-246; and 7 CFR §273.2 (f)(3). 7 CFR 273.2 (f)(3); and Title IV, Food, Energy and Conservation Act of 2008
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 29, 2008
AGENCY CONTACT PERSON: Robert L. Thibodeau, Food Stamp Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5054
TTY: (800)-606-0215 (Deaf/Hard of Hearing)
E-MAIL: bob.thibodeau@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. II Section 21, Home and Community Benefits for Members with Mental Retardation or Autistic Disorder
PROPOSED RULE NUMBER: 2008-P178
CONCISE SUMMARY: The proposed rule reorganizes Community Support as part of P. L. 2007, c. 539, (A-27 to have one model of support where formerly there were two models (A & B) of support. This change is necessary to reduce expenditures for this service in accordance with the budget for FY 08-09. Other than providers of these specific services, this rule is not expected to fiscally impact or create new recording burdens for other small businesses and is not expected to yield new costs for municipal or county governments.
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; P.L. 2007, c. 539, (A-27
PUBLIC HEARING: August 25, 2008, 1:00- 3:00 p.m., Conference Room # 1A & B, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 11, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 4, 2008
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: ginger.roberts-scott@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. II & III Section 29, Community Support Benefits for Members with Mental Retardation and Autistic Disorders
PROPOSED RULE NUMBER: 2008-P179
CONCISE SUMMARY: The proposed rule reorganizes Community Support as part of P. L. 2007, c. 539, (A-27 to have one model of support where formerly there were two models (A & B) of support. This change is necessary to reduce expenditures for this service in accordance with the budget for FY 08-09. Other than providers of these specific services, this rule is not expected to fiscally impact or create new recording burdens for other small businesses and is not expected to yield new costs for municipal or county governments.
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; P.L. 2007, c. 539, (A-27
PUBLIC HEARING: August 25, 2008, 1:00-3:00 p.m., Conference Room # 1A & B, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 11, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 4, 2008
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: ginger.roberts-scott@maine.gov



AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 190, Rule for the Administration of Experimental Vehicle Registration
PROPOSED RULE NUMBER: 2008-P180
CONCISE SUMMARY: This rule establishes requirements for the registration of experimental motor vehicles. The rule sets forth required equipment standards, application procedures, and the limitations of use pursuant to 29-A MRSA §470.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §470
PUBLIC HEARING: none planned
DEADLINE FOR COMMENTS: August 29, 2008
AGENCY CONTACT PERSON: Garry Hinkley, Vehicle Services Director, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9055
E-MAIL: garry.hinkley@maine.gov


ADOPTIONS



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #08-08
ADOPTED RULE NUMBER: 2008-321
CONCISE SUMMARY: Minimum August 2008 Class I price is $21.72/cwt. plus $1.23/cwt. for Producer Margins, an over-order premium of $1.53/cwt as being prevailing in Southern New England and $0.70/cwt handling fee for a total of $25.38/cwt. that includes a $0.20/cwt Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm
EFFECTIVE DATE: August 3, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7521
E-MAIL ADDRESS: stan.millay@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF), Rev. # 83A: Promote Family Self-Support and Reunification
ADOPTED RULE NUMBER: 2008-322
CONCISE SUMMARY: The amendments to policy contained in this approved rule will allow the offices of Integrated Access and Support and Child and Family Services to coordinate their services in order to encourage parents whose children are in involuntary State Child Welfare custody to engage in a cooperative plan for reuniting with their children while participating in an employment plan that will lead their family to self-support.
This rule is not expected to have any adverse economic impact on the reporting requirements of small businesses.
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF), Rev. #84A: ASPIRE Exemption
ADOPTED RULE NUMBER: 2008-323
CONCISE SUMMARY: This rule proposes to amend existing rules concerning the exemptions to participating in the Additional Support for People in Retraining and Employment (ASPIRE) Program in order to comply with the requirements of the federal Deficit Reduction Act of 2005.
This rule removes the ASPIRE exemption for “A parent or caretaker relative whose TANF or PaS eligibility is based on incapacity because the second parent or caretaker relative is an SSI recipient.” This exemption is replaced with “A parent or caretaker relative who is needed in the home to care for a disabled family member living in the household and the disabled family member is not a full-time student.
The need for the TANF or PaS recipient to care for the disabled family member must be verified at least annually through statements by a medical or mental health professional.
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF), Rev. #86A: TANF Special Needs Housing Allowance
ADOPTED RULE NUMBER: 2008-324
CONCISE SUMMARY: This rule proposes to increase the TANF Special Needs Housing Allowance from up to $50 per month to up to $100 per month for each assistance unit incurring certain housing costs which equal or exceed 75% of their countable income. The increase provides TANF recipients with more available income for obtaining and retaining safe housing for their families.
This rule is not expected to have any adverse economic impact on the reporting requirements of small businesses.
EFFECTIVE DATE: July 1, 2008
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-6897
TTY: (800) 606-0215
E-MAIL: dawn.mulcahey@maine.gov