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Home > Weekly Notices > May 5, 2010

May 5, 2010

WEEKLY NOTICES 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. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS


AGENCY: 02-280 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Accountancy
CHAPTER NUMBER AND TITLE:
Ch. 1, Definitions (amended)
Ch. 2, Advisory Rulings (amended)
Ch. 3, Examination Requirements (amended)
Ch. 4, Application for Certificate (repealed)
Ch. 5, Certified Public Accountant License Requirements (repealed and replaced)
Ch. 6, Accounting Firm License Requirements (amended)
Ch. 7, Complaints, Investigations and Adjudicatory Hearings (repealed)
Ch. 9, Fees (repealed)
PROPOSED RULE NUMBER: 2010-P89 thru P96
CONTACT PERSON FOR THIS FILING: Cheryl Hersom, Board Administrator, 35 State House Station, Augusta, ME 04333, (207) 624-8605. E-mail: Cheryl.C.Hersom@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: 9:00 a.m., May 25, 2010, Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: June 18, 2010
BRIEF SUMMARY: The proposed rules: (a) eliminate the 2-step licensure process under which applicants were first issued a certificate and then a license, (b) eliminate the licensure of new public accountants (persons currently licensed as public accountants may renew indefinitely), (c) prorate the continuing education requirement for new licensees, (d) permit recognition of continuing professional education courses in 25-minute increments after the first 50 minutes, (e) clarify procedures for peer review of accounting firms, (f) require Report Acceptance bodies to act on peer review reports in a timely manner, (g) permit the board to terminate approval of a Report Acceptance Body for cause, and (h) delete obsolete provisions of the board’s rules relating to board administration, the licensing examination, the board’s complaint and investigation process, notification obligations of accounting firms, and the setting of license fees.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any): None
STATUTORY AUTHORITY FOR THIS RULE:5 MRSA §§ 8051 and 9001(4); 32 MRSA §§ 12214(4); 12228(4); 12240(4); 12251(4); 12251(4)(A); 12251(5); 12252(2); 12252(8)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): PL 2009, c. 242, “An Act to Simplify Maine’s Accountancy Laws”
URL: http://www.maine.gov/pfr/professionallicensing/professions/accountants/index.htm
OVERALL AGENCY RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 5, Ambulance Services
PROPOSED RULE NUMBER: 2010-P97
CONCISE SUMMARY: The Department of Health and Human Services proposes language in Chapter II to lift prior authorization requirements for all four air ambulance transportation services when performed within state borders. Out of state air ambulance services continue to require prior authorization following the guidelines set forth in Section 1.14-2 of the Maine Care Benefits Manual.
Reflecting the 2010-2011 Supplemental Budget (P.L. 2009, c. 571, Part A, Section 26) allowance, Chapter III contains proposed rate changes to 70% of Medicare-allowed rates. These proposed set-rate fees are in response to the CMS requirements 42 CFR 414.601 et seq., as well as serve to replace the supplemental payments used in previous rulemakings under this Section.
Other non-substantive changes were made to correct format and grammar.
See http://www.maine.gov/oms/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. 2009, c. 571, Part A, Section 26, and any other applicable authority.
PUBLIC HEARING: Monday, May 24, 2010, at 1:00 p. m., Conference Room #3, Department of Health and Human Services, 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 Wednesday, May 19, 2010.
DEADLINE FOR WRITTEN COMMENTS: Comments must be received by midnight Sunday, June 6, 2010.
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Delta.Cseak@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #06-10
PROPOSED RULE NUMBER: 2010-P98
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: May 21, 2010, Friday, starting at 1:30 p.m.., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: May 21, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov



AGENCY:
02-029 - Bureau of Financial Institutions, jointly with
02-030 - Bureau of Consumer Credit Protection
CHAPTER NUMBER AND TITLE: Guidelines for Determining Tangible Net Benefit
Ch. 144 – Bureau of Financial Institutions
Ch. 550 – Bureau of Consumer Credit Protection
PROPOSED RULE NUMBER: 2010-P99 and P100
CONTACT PERSON FOR THIS FILING: Christian Van Dyck, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036. Telephone: (207) 624-8574. E-mail: Christian.D.VanDyck@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A.
PUBLIC HEARING: None proposed.
COMMENT DEADLINE: June 4, 2010
BRIEF SUMMARY: This Rule was promulgated jointly by the Bureau of Consumer Credit Protection and the Bureau of Financial Institutions in December 2007. It was promulgated to delineate the concepts of “reasonable, tangible net benefit” and “ability to pay” set forth in the “Act to Protect Maine Homeowners from Predatory Lending,” Ch. 273 of the Public Laws of 2007.
The Bureaus are seeking to amend the Rule so that it comports with new Maine laws that have been enacted since the Rule was first promulgated. Specifically, the Bureaus are seeking to amend the “tangible net benefit” subsection of the Rule, and the attached “tangible net benefit form, so that they apply only when a residential mortgage loan that is a “higher-priced mortgage loan” is made. The Bureaus are also seeking to remove the “ability to pay” subsection of the Rule which is no longer effective because of the new “ability to repay” provision in Title 9-A MRSA §8-206-I, sub-§1 paragraph A, that now supersedes this subsection. Finally, the Bureaus are seeking to change cross-references to Maine law that resulted from the enactment of “An Act to Conform State Mortgage Laws with Federal Laws.”
The “Small Business Impact Statement may be found at the Bureau’s website under “notices to interested parties” at http://www.maine.gov/pfr/financialinstitutions
DETAILED BASIS STATEMENT / SUMMARY:
BASIS STATEMENT
1. Pursuant to Public Law 2007, Ch. 273, §A-40, the Administrators of Title 9-A were required to adopt rules defining the requirements for determining whether or not a borrower has a reasonable ability to pay a subprime mortgage loan, taking into account the various considerations set forth in State law and federal regulations and guidelines.
2. On January 1, 2008, this Tangible Net Benefit/Ability to Pay Rule first became effective.
3. In June 2009, the Maine Legislature passed “An Act to Conform State Mortgage Laws with Federal Laws” which, among other things, repealed and replaced Title 9-A MRSA §8-206-D with a new “ability to repay” provision, modeled after federal law, containing specific criteria for determining “ability to repay.” The new statute supersedes previous rulemaking related to ability to pay.
4. “An Act to Conform State Mortgage Laws with Federal Laws” also repealed the term “subprime mortgage loan” and replaced it with a new term contained in federal law, “higher-priced mortgage loan.”
5. This Rule is being amended so that it comports with this new law. Specifically, the Bureaus are amending the “tangible net benefit” subsection of this Rule so that it applies only when a residential mortgage loan that is “higher-priced mortgage loan” is made to refinance an existing residential mortgage loan. The Bureaus are also removing the “ability to pay” subsection of this Rule because of the new “ability to repay” provision in Maine law that supersedes this subsection. Finally, the Bureaus are seeking to change cross-references to Maine law that resulted from the passage of “An Act to Conform State Mortgage Laws with Federal Laws.” The new law became effective on June 11, 2009 and was implemented on an interim basis by a joint advisory ruling issued by the Bureaus, dated July 28, 2009, until this rulemaking process could be completed.
6. Pursuant to MRSA §8-206-I, sub-§1, paragraph D, the Administrator is authorized to adopt rules defining with reasonable specificity the requirements for compliance with the prohibition against flipping a residential mortgage loan, and such rules are routine technical rules pursuant to Title 5, ch. 375, sub-ch. 2-A.
7. When this Rule was first promulgated, a hearing was held at which many comments were received. Following the hearing, the Bureaus published their responses to these comments, interpreting and providing further clarification to various aspects of the Rule. The Bureaus are of the view that, to the extent their responses to comments following the hearing are still relevant to this re-promulgation, they should be included as part of the basis statement. The Bureaus’ responses to comments regarding “ability to pay” have not been included because the “ability to pay” section of the Rule has been repealed. The Bureaus’ responses to comments regarding the “tangible net benefit” analysis and form relate now to when a residential mortgage loan that is a “higher priced mortgage loan” is made to refinance an existing residential mortgage loan.
a) The rebuttable presumption created by the reasonable, tangible net benefit form
The original proposed Rule provided that a duly completed and signed form would create a rebuttable presumption for the creditor that the borrower is receiving a reasonable, tangible net benefit from the new residential mortgage loan.
The Bureaus were persuaded by the arguments put forward against the rebuttable presumption in the original proposed Rule. The Bureaus determined that a form that reflects reasonable, tangible net benefit, if duly completed and signed, would serve as “evidence of compliance” with the prohibition against “flipping.” The Bureaus decided that it was appropriate to strengthen consumer protections by eliminating the “rebuttable presumption” that existed in the original proposed Rule. Doing so, they determined, would diminish the possibility of unscrupulous creditors using the form as a shield to protect themselves from liability.
b) General responses to comments regarding the reasonable, tangible net benefit form
The original proposed Rule provided for a form that creditors could use in determining whether or not a borrower is receiving a reasonable, tangible net benefit.
The Bureaus agreed with several of those commenting that the form should sensitize creditors to their legal obligation that, in determining whether or not a borrower is receiving a reasonable, tangible net benefit, the creditor must consider all the circumstances of the borrower (if only to exclude some factors). The form was shortened and reformatted in columns and rows to make it easier for the borrower to compare the terms of the new loan with the old one. This revision also clarified the requirement that creditors consider all of the borrower’s circumstances rather than considering one factor in isolation. The Bureaus also added a new paragraph to the Rule which provides that certain factors may not show that the borrower is receiving a reasonable, tangible net benefit but which must, nevertheless, be considered by creditors.
The Bureaus also emphasized that the Rule does not mandate that creditors use the form that is found as Attachment A to the Rule. Rather, the Rule requires that lenders use the attached form or one substantially similar to it. The Bureaus stated that, if a creditor wished to submit a form to the Bureaus for evaluation as to whether their form is “substantially similar,” it could do so.
c) Detailed responses to comments regarding the reasonable, tangible net benefit form
The Bureaus agreed that the term “amortization period” may not be understood by all borrowers, and the Bureaus thus changed this term so that it reads, “length of the repayment period.” The Bureaus also amended the term, “cash in excess of fees” to “amount of cash out (or paid to others).”
The Bureaus were of the opinion that, under ordinary circumstances, “Bona fide personal need” requires certain extenuating circumstances to justify the benefit to the borrower, including, but not limited to, satisfying a tax lien, responding to a court order, honoring a divorce settlement, satisfying medical expenses, or obtaining a loan for educational expenses. However, with respect to the question of who determines what qualifies as a “bona fide personal need,” the Bureaus amended that part of the form so that it is clear that this determination is one made by the borrower, bearing in mind that the borrower’s need cannot be patently unreasonable.
The Bureaus decided not to elaborate on the factor, “change in amortization period” (other than to simplify it to “length of repayment period,” as noted above) because (a) the reconstituted form requires creditors to provide the repayment periods for both the new and old loans and (b) the form was amended to clarify that creditors are required to consider all the circumstances of the borrower in determining reasonable, tangible net benefit. The Bureaus recognized that lengthening the repayment period would be beneficial to some borrowers, while shortening the repayment period would be beneficial to others. The Bureaus determined that the determination as to whether the change is beneficial to the borrower is one that must be made on a case-by-case basis, taking into account all the circumstances.
The Bureaus amended the form and the Rule to make clear that the borrower may either receive a reasonable amount of cash in excess of fees or may designate a third party recipient.
That portion of the reconstituted form dealing with refinancing of loans from adjustable to fixed rates, like the other factors, requires the creditor to input information regarding the old and new loans. The Bureaus determined that the question of whether or not refinancing from an adjustable to a fixed rate loan is, on balance, beneficial to the borrower would depend on a consideration of all the circumstances.
The Bureaus amended the Rule and the reasonable, tangible net benefit form so that the term “costs and fees” is clarified to mean only those costs and fees paid by the borrower.
d) Incorporation of the definition of “refinancing”
The Bureaus agreed with several of those commenting that clarity would be served by incorporating a definition of “refinancing” in the Rule and did so by reference to the federal Regulation Z definition of “refinancing.” However, unlike the federal Regulation Z definition, the Rule’s definition of “refinancing” applies also to open-end credit transactions, in keeping with the underlying intent of the Act.
e) Inclusion of Home Equity Lines of Credit (HELOCs) from the reasonable, tangible net benefit analysis
The Bureaus determined that HELOCs were not to be given “safe harbor” treatment in the Rule.
f) Reference on the form to the Bureaus and counseling
The Bureaus noted that there are several entities that provide objective, neutral counseling and, without mandating that they be referenced in the reasonable, tangible net benefit form, the Bureaus agreed that references to objective third-party counseling may be included in the form.
The Bureaus also agreed that it is in the public interest to include both Bureaus’ contact information on the form in case a borrower has any questions about the loan or creditor.
g) Time frame for providing the reasonable, tangible net benefit form to borrowers
The Bureaus noted that the Rule already makes clear that the form, or one substantially similar to it, must be provided prior to or upon making the new loan. If the terms of the refinancing change after a mortgage broker explains its determination to a borrower and signs the form, the creditor must explain the changes to the borrower and complete an additional form.
h) Use of the definition “fully indexed rate”
The Bureaus noted that Rule requires an analysis of a loan at its fully indexed rate and took into consideration that this rate is simple to calculate and widely understood. The Bureaus further noted that using the fully indexed rate should strike a balance between the need to create clear guidelines for creditors with the need to protect borrowers. By using the term “fully indexed rate,” the Rule would prevent creditors from using so-called teaser rates when calculating tangible net benefit or ability to pay.
i) References to the HUD-1 Form
The Bureaus amended the Rule and the form to reference HUD settlement statements generally, if one is used at all.
j) Use of the term “weighted average”
The Bureaus determined that it was important to calculate a weighted average interest rate to enable comparison with the interest rate of the new loan. By way of example, one method for calculating a weighted average would be to use the following formula:
OPB X Current Interest = YIA
Total YIA = weighted average interest rate (in decimal form) Total OPB
where OPB is the outstanding principal balance, Total OPB is the outstanding principal balance for all the loans, YIA is the yearly interest amount, and Total YIA is the yearly interest amount for all the loans.
k) Use of the composite rate calculation
The Rule was amended to use the fully indexed rate in the tangible net benefit analysis. The Bureaus believed that this analysis would provide a reasonable comparison of the new monthly payment with the payment on the loan or loans being refinanced, including adjustable loans.
l) Pipeline loans
The Bureaus agreed with several of those commenting that the Rule would only apply to loan applications received after January 1, 2008 and amended the effective date of the Rule accordingly.
m) Application of the Rule
The Bureaus stated that all mortgage brokers involved in mortgage lending in Maine would be subject to the Rule. The Rule applies to “creditors”; pursuant to §8-103(1-A)(L) of the Act, mortgage brokers are included in the definition of “creditors.” The definition of “mortgage broker” refers to the federal definition of “mortgage broker” found in 24 C.F.R. 3500.2. That definition is not related to, or dependent upon, the type of institution with which the mortgage broker works.
n) References to federal laws and terms
The Bureaus determined that consistency between the Act and the Rule was best achieved by including references to the federal terms.
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A.
STATUTORY AUTHORITY FOR THIS RULE:
1. Title 9-A MRSA §6-104(1)(E) permits the Administrator to adopt, amend, and repeal rules to carry out the specific provisions of the Consumer Credit Code.
2. Title 9-B MRSA §215 permits the Superintendent of the Bureau of Financial Institutions to implement rules relating to the supervision of financial institutions or their subsidiaries, or financial institution holding companies or their subsidiaries.
3. Pursuant to Title 9-A MRSA §8-206-I(1)(D), the Administrator must adopt rules defining with reasonable specificity the requirements for compliance with the prohibition against flipping a residential mortgage loan, and such rules are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OVERALL AGENCY RULE-MAKING LIAISON: Christian.D.VanDyck@Maine.gov
URLs:
Bureau of Financial Institutions: http://www.maine.gov/pfr/financialinstitutions/
Bureau of Consumer Credit Protection: http://www.maine.gov/pfr/consumercredit/index.shtml



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1.01, Open Water Fishing Regulations
PROPOSED RULE NUMBER: 2010-P101
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming open water fishing seasons on the following waters: Big Wadleigh Pond, T8R15 WELS – Closing lake and tributaries to dipping/fishing for illegally introduced smelts and requiring catch and release on all trout, landlocked salmon and togue; Mud Greenwood Pond, Willimantic – Open to fishing under general law regulations and season dates. Written comments may be submitted on these proposals.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING: None scheduled – one may be requested. Written comments may be submitted.
DEADLINE FOR COMMENTS: June 4, 2010
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 SHS, Augusta, ME 04333-0041. E-mail: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/



AGENCY: 10-146 - Department of Health and Human Services (DHHS), Maine Center for Disease Control, Office of Data, Research, and Vital Statistics
CHAPTER NUMBER AND TITLE: Ch. 7, Vital Records Fees
PROPOSED RULE NUMBER: 2010-P102
CONTACT PERSON FOR THIS FILING: Elana Jellison, Office of Data, Research and Vital Statistics, Maine CDC, 244 Water Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-1911. E-mail: Elana.Jellison@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: N/A
COMMENT DEADLINE: June 4, 2010
BRIEF SUMMARY: These rules continue the implementation of the legislative directive in PL Ch. 571, Part EEE, §1 and PL 652, Part F, §1 requiring the Department to adopt emergency and routine technical rules retroactive to April 1, 2009 to return vital records fees for copies of vital records to the same levels as in effect in September 2009. These rules allow Vital Records to charge for annual appointments of subregistrars.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any): None
STATUTORY AUTHORITY FOR THIS RULE: Title 22-A MRSA, Subsections 205 (2), 210, P.L. 2009, c. 571, Pt. EEE, §1 and P.L. 2009, c. 652, Pt. F, §1.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
URL: http://www.maine.gov/dhhs/boh/phs/odrvs/index.shtml
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


ADOPTIONS



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 115, Principles of Reimbursement for Residential Care Facilities-Room and Board:Section 20, Fixed Capital Costs
ADOPTED RULE NUMBER: 2010-159
CONCISE SUMMARY: In this rulemaking, the Department is changing Ch. 115 Section 20, Fixed /Capital Costs to make the language consistent with language in State statute regarding depreciation recapture for nursing facilities. The change is for this section only. It makes the regulation for residential care facilities consistent with the regulation for nursing facilities in this aspect. The regulation defines how recapture depreciation is calculated upon the sale of a facility. It will add clarity upon the occasions when there are sales of buildings housing both Residential Care and Nursing Care.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: May 1, 2010
AGENCY CONTACT PERSON: Margaret Brown, Division of Policy, MaineCare Services, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. FAX: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Margaret.E.Brown@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05(K), Moose – Open and Closed Areas
ADOPTED RULE NUMBER: 2010-160
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule providing for a 2nd controlled moose hunt in designated areas in Aroostook County that will be open to the hunting of moose by permit only (landowner/guide/disabled veterans) and in accordance with 12 MRSA §12402 during a specified period between August 15 and December 31, 2010. The Department will determine the number of moose hunting permits to be issued. Each permit will specify the number and sex of moose to be taken, the timing of the hunt, and any other special conditions deemed necessary. The objective of this proposal is to lower moose numbers in specific areas where they are causing damage.
A detailed copy of the rule may be obtained from the Agency Contact Person listed below.
EFFECTIVE DATE: May 2, 2010
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station – 284 State Street, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #332, MaineCare Eligibility Manual: Approved Rule #252A, Cub Care Work Related Expense - Part 5
ADOPTED RULE NUMBER: 2010-161
CONCISE SUMMARY: This rule would continue an income disregard previously put in place by emergency rule.
Maine’s Children’s Health Insurance Program covers uninsured children whose family’s income is less than or equal to 200% of the Federal Poverty Level. An unintended consequence of the differences between this Title XXI program of the Social Security Act and Maine’s Medicaid program under Title XIX of the Social Security Act produced an anomaly which resulted in some Caretaker/ Relatives/Parents being eligible for Medicaid when the children in the family were not eligible for either Medicaid or Maine’s Children’s Health Insurance Program. A change in an income disregard in the CHIP program will create a more seamless eligibility process for both programs and rectify some irregularity that provided for the parents without providing for the children.
This rule change will not impose any cost of implementation or compliance upon municipalities or counties and will not impose any additional administrative cost upon small businesses.
EFFECTIVE DATE: May 3, 2010
AGENCY CONTACT PERSON: Bethany Hamm, Director Program and Policy, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011. Telephone: (207) 287-3931. TTY: (800) 606-0215. E-mail: Bethany.Hamm@Maine.gov
URL: http://www.maine.gov/dhhs/OIAS/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #05-10
ADOPTED RULE NUMBER: 2010-162
CONCISE SUMMARY: Minimum May 2010 Class I price is $17.05/cwt. plus $1.58/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $3.72/cwt. handling fee for a total of $24.08/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: May 2, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. E-mail: Tim.Drake@Maine.gov . Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
URL: http://www.maine.gov/agriculture/mmc/index.shtml



AGENCY: 02-059 - Department of Conservation (DOC), Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 2, Rules and Regulations for the Allagash Wilderness Waterway
ADOPTED RULE NUMBER: 2010-163
CONCISE SUMMARY: Rules and regulations for the Allagash Wilderness Waterway will be amended to clarify that the use of kayaks is allowed in two sections of the Waterway where by current rules there is confusion. Currently, there are two sections of the Waterway in which canoes are the only allowable watercraft —from Lock Dam Stream, where it enters Eagle Lake north to Twin Brook Rapids, and on Allagash Lake and Allagash Stream to the red posts at the entrance of Chamberlain Lake. When Waterway rules were originally adopted, most kayaks had a width to length ratio that allowed them to fit under the definition of a canoe (defined in part by its dimensions). However, many modern kayaks are too wide in proportion to their length to meet the canoe definition, and as a result are inadvertently prohibited from these two sections of the Waterway. This amendment will change 04-059 Chapter 2 Section 2.8 (B) and (C) to specifically add kayaks as permitted watercraft in these two sections of the Waterway, and will add the definition of a kayak to Section 1.
EFFECTIVE DATE: May 3, 2010
AGENCY CONTACT PERSON: Matt LaRoche, Department of Conservation, Bureau of Parks and Lands, PO Box 1107, Greenville, ME 04441. Telephone: (207) 695-3721 ext. 4. E-mail: Matt.LaRoche@Maine.gov .
URL: http://www.maine.gov/doc/parks/
DOC RULE-MAKING LIAISON: Gale.Ross@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45, Shrimp: 45.05(1)(A)(2), Shrimp Season 2009 – 2010 (EMERGENCY CLOSURE)
ADOPTED RULE NUMBER: 2010-164 (Emergency)
CONCISE SUMMARY: The ASMFC Northern Shrimp Section held a meeting and public hearing via conference call on Friday, April 30, 2010 at 9:30 a.m.. The purpose of the call was to review preliminary northern shrimp landings data and determine whether action is needed to prevent significant landings above recommended levels that might occur if the fishery continues through May 29. A motion was passed to close the 2009-2010 northern shrimp fishery at 11:59 p.m. on May 5, 2010. 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. For more information see online information listed or contact below.
EFFECTIVE DATE: May 5, 2010
AGENCY CONTACT PERSON: Terry Stockwell (207-624-6562)
AGENCY NAME & ADDRESS: Department of Marine Resources, attn L Churchill, PO Box 8, West Boothbay Harbor, Maine 04575-0008. WEB SITE: http://www.maine.gov/dmr/rulemaking/ . Telephone: (207) 633-9584. E-mail: Laurice.Churchill@Maine.gov . TTY (207) 633-9500 (Deaf/Hard of Hearing)
AGENCY URL: http://www.maine.gov/dmr/index.htm