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Home > Weekly Notices > November 3, 2010

November 3, 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: 01-001 – Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 360, Responsibilities of Manufacturers, Distributors, Dealers, Initiators of Deposit, Contracted Agents and Redemption Centers under the Returnable Beverage Container Law
PROPOSED RULE NUMBER: 2010-P283
CONTACT PERSON FOR THIS FILING: Copies of the proposed rules change may be obtained on the internet at: http://www.maine.gov/agriculture/qar/index.html or by contacting Steve Giguere, Program Manager at (207) 287-3841 or Steve.Giguere@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: November 23, 2010, 9:00 a.m., Burton Cross Office Building, Room 208, 111 Sewall Street, Augusta, Maine 04330
COMMENT DEADLINE: December 14, 2010
SUMMARY: This rule is being adopted to implement the statutory amendments enacted by the 124th Legislature. The rule sets requirements for the approval of redemption center licensing and other minor technical changes to clarify current definitions, update language and address conflicts. In addition, requirements have been added to address sanitary facilities for employees, minimum standards for hours of operation, signage posting requirements and procedures to address disputes between Reverse Vending Companies and Initiators of Deposit for the allocation of scrap value.
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact to Municipalities or Counties.
STATUTORY AUTHORITY: 32 MRS §1871-C
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEPARTMENTAL RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #12-10
PROPOSED RULE NUMBER: 2010-P284
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: November 19, 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: November 19, 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 .
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml



AGENCY: 17-229 - Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. (New), Rules for the Transportation Planning Incentive Program
PROPOSED RULE NUMBER: 2010-P285
CONTACT PERSON FOR THIS FILING: Dan Stewart, Maine Department of Transportation, Bureau of Transportation Systems Planning, 16 State House Station, Augusta, ME 04333-0016. Telephone: (207) 624-3252. E-mail: Dan.Stewart@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: No public hearing will be held unless requested in accordance with the requirements of 5 MRSA §8052 (1).
COMMENT DEADLINE: Friday, December 3, 2010 at 5:00 p.m.
BRIEF SUMMARY: This Rule establishes a procedural process whereby applicants for funding under the Maine Department of Transportation’s competitive Quality Community Program may earn incentive bonus points by adopting and enforcing relevant ordinances in accordance with an approved Community Transportation Plan adopted pursuant to the Growth Management Act and/or the Sensible Transportation Policy Act. It is designed to encourage sound transportation planning and protect the integrity of regional transportation systems and thereby prevent or reduce the need for costly future capacity or retrofitting expenditures associated with unmanaged development along state transportation corridors.
IMPACT ON MUNICIPALITIES OR COUNTIES: This initiative is intended to provide financial assistance to communities, therefore any fiscal impact on those communities who choose to participate would be positive.
STATUTORY AUTHORITY FOR THIS RULE: 23 MRSA §73-A; 23 MRSA §52; 23 MRSA §4206(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mdot/
DOT RULE-MAKING LIAISON: Nina.A.Fisher@Maine.gov



AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 327, Ceiling on Energy Efficiency Spending from the Energy and Carbon Savings Trust Fund and Rebates to Electric Ratepayers
PROPOSED RULE NUMBER: 2010-P286
CONTACT PERSON FOR THIS FILING: Christine Cook. Phone: (207) 287-1392. E-mail: Christine.R.Cook@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: November 23, 2010, 10:00 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: Written comments on the proposed rule may be filed with the Administrative Director until December 3, 2010. However, the Commission requests that comments be filed by November 19, 2010, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2010-322 and be sent to the Administrative Director, Public Utilities Commission, mail address - 18 State House Station, Augusta, Maine 04333-0018; delivery address - 101 Second Street, Hallowell, Maine 04347.
BRIEF SUMMARY: Through this Notice of Rulemaking, we initiate a proceeding to adopt rules to implement a system under which proceeds from the sale of carbon dioxide allowances in excess of a statutorily imposed ceiling of $5.00 per carbon allowance may be returned to electric ratepayers as direct credits on their bills.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 301, 1322, 10109(A)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov



AGENCY: 16-633 – Department of Public Safety, Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 3, Control of Licensees
PROPOSED RULE NUMBER: 2010-P287
CONTACT PERSON FOR THIS FILING: Robert P. Welch. E-mail: Robert.P.Welch@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: November 23, 2010 @ 11:30 a.m. at DPS Headquarters, Gambling Control Boardroom, 45 Commerce Drive Suite #3, Augusta, Maine 04333-0087
COMMENT DEADLINE: December 3, 2010
BRIEF SUMMARY: This rule will allow Slot Operators to destroy original ticket vouchers after 7 days, unless otherwise ordered by the Gambling Control Board.
DETAILED BASIS STATEMENT / SUMMARY: This rule would shorten the length of time that original ticket vouchers must be held. The time period would decrease from 90 days to 7 days if adopted.
Copies of the proposed rule can be obtained from Robert Welch at Robert.P.Welch@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No Impact
STATUTORY AUTHORITY FOR THIS RULE: Title 8 MRSA c. 31, §1003
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Robert.P.Welch@Maine.gov
WEBSITE: http://www.maine.gov/dps/GambBoard/



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 801, Apportionment
PROPOSED RULE NUMBER: 2010-P288
CONCISE SUMMARY: Rule 801 serves to explain the basis for the apportionment of net income of corporations, pass-through entities, sole proprietorships and other business types as required by law. This rule, recently amended on September 12, 2010, inadvertently excluded changes made in a previous version of the Rule adopted in February 2009. The omissions include the definition of “Located in the State,” which also appears in statute, “Sales in this State” in section .06(A), the opening sentences on sourcing sales other than sales of tangible personal property and discussion of sales of goodwill and accounts receivable and collection services in .06(E)(7) and (8), and the use of pass-through entity terminology to replace partnership references. Changes are made to Rule 801 to restore the above language.
THIS RULE 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 15, 2010
AGENCY CONTACT PERSON: Edward Charbonneau, Esq., Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. E-mail: Edward.Charbonneau@Maine.gov
WEBSITE: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov


ADOPTIONS



AGENCY: 29-250 - Secretary of State, Bureau of Corporations, Election and Commissions (CEC)
CHAPTER NUMBER AND TITLE: Ch. 501, Election Recount Rules
ADOPTED RULE NUMBER: 2010-503
CONCISE SUMMARY: The statutory authority for these rules was repealed by Ch. 473 of the Public Laws of 1993, effective January 1, 1994. Although the rules have not been enforced since that time, the rules have not been officially repealed.
CHAPTER NUMBER AND TITLE: Ch. 502, Rules Governing the Conduct and Procedures for Election Recounts
ADOPTED RULE NUMBER: 2010-504
CONCISE SUMMARY: The Secretary of State centrally conducts any recount that is requested by a losing candidate in a county, state or federal election. The Secretary of State is authorized to adopt rules governing the conduct and procedures for a recount. The provisions of the rule address collection, security and handling of ballots, hours for the recount, personnel, instructions, supervision, disputed ballots, and final signoff at the conclusion of the recount. These rules are based on procedures that have been used in conducting recounts since the early 1990s.
CHAPTER NUMBER AND TITLE: Ch. 550, Rules for Determining Voter Intent
ADOPTED RULE NUMBER: 2010-505
CONCISE SUMMARY: In 2005, to comply with the federal Help America Vote Act of 2002, the Secretary of State developed Uniform Guidelines to be used in determining voter intent. These guidelines have been utilized by municipal election officials in counting ballots after the polls close on election day as well as in a1l recounts conducted by the Secretary of State since that time. The Secretary of State is now authorized to adopt rules to replace these guidelines. The rule adopted by the Secretary of State is generally consistent with the provisions of the former Uniform Guidelines.
EFFECTIVE DATE: November 2, 2010
AGENCY CONTACT PERSON: Melissa K. Packard, Director of Elections, Department of the Secretary of State, Corporations, Elections and Commissions, 101 State House Station, Augusta, Maine 04333. Telephone: (207) 624-7650. E-mail: Melissa.Packard@Maine.gov .
WEBSITE: http://www.maine.gov/sos/cec/elec/
CEC RULE-MAKING LIAISON: Julie.Flynn@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 80, Commercial Pelagic and Anadromous Fishing License; Ch 8.20, Harvester Reporting, repeal sections (G) Whiting, (H) Herring, (K) Bait gillnet, and (M) Spiny dogfish; Ch. 8.20(P), Pelagic and Anadromous Fishing Harvest & (Q) IVR Herring Harvester; Ch. 34.10(1)(B)(4)(c), Whiting/silver hake (Merluccius bilinearis) Commercial Effort Restrictions; Ch. 36.01(B)(2) & (3), Harvester Permit. IVR Herring Harvester Permit; Ch. 50.03(A)&(B), Spiny Dogfish Endorsement for Harvesters and Dealers, License for Harvesters, Reporting Requirements and Quota; Ch 55.04, Maine Gillnet Bait Fishing Regulations; Ch. 55.06(A)&(B), Fish Passage regulations; and Ch. 75.03(A)(1)(d), Protected Resources, Gillnet Gear Restrictions
ADOPTED RULE NUMBER: 2010-506 thru 512
CONCISE SUMMARY: As established recently by a new law, these adopted regulations finalize the new Commercial Pelagic and Anadromous fishing license which removes a subset of species from the commercial fishing license, specifically: Atlantic herring, Atlantic menhaden, whiting, spiny dogfish, alewife, Atlantic mackerel, blueback herring, squid, butterfish, scup, black sea bass, smelt and shad. The new license includes a research surcharge to be used for the collection of data on these species to support the sustainable harvest and quota management plans necessary for compliance with respective ASMFC Interstate Fisheries Management Plans. The rules also improve the reporting standards for consistency with the Atlantic Coastal Cooperative Statistics Program.
EFFECTIVE DATE: October 26, 2010
AGENCY CONTACT PERSON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008. Telephone: (207) 633-9584. TTY: (207) 633-9500. E-mail: Laurice.Churchill@Maine.gov
WEBSITE: http://www.maine.gov/dmr/index.htm



AGENCY: 02-280 - Department of Professional and Financial Regulation, Office of Licensing and Registration (OLR), 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)
ADOPTED RULE NUMBER: 2010-513 thru 520
CONCISE SUMMARY: The adopted 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) eliminate the 50% limitation on continuing education earned through formal correspondence or other individual study programs, (d) permit recognition of continuing professional education courses in 25-minute increments after the first 50 minutes, (e) prorate the continuing education requirement for new licensees and make other minor adjustments to the continuing education requirements, and (f) 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.
EFFECTIVE DATE: October 27, 2010
AGENCY CONTACT PERSON: Cheryl Hersom, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. E-mail: Cheryl.C.Hersom@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/accountants/index.htm
OLR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov


AGENCY: 95-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 326, Green Power Offer
ADOPTED RULE NUMBER: 2010-521
CONCISE SUMMARY: Through this Order, we adopt rules to implement recently enacted legislation that requires the Commission to arrange for a green power offer composed of green power supply to be available to the State's residential and small commercial electricity customers.
EFFECTIVE DATE: October 30, 2010
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov
WEBSITE: http://www.maine.gov/mpuc/



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 104, Electronic Filing of Maine Tax Returns
ADOPTED RULE NUMBER: 2010-522
CONCISE SUMMARY: Rule 104 provides comprehensive definitions and explanations of statutory terms and procedures for electronic filing of Maine tax returns. The proposed Rule clarifies the timing and filing requirements for sales tax returns in Section .03. The definition of “electronic filing” is amended and additional edits are made throughout the Rule.
EFFECTIVE DATE: October 31, 2010
AGENCY CONTACT PERSON: Edward Charbonneau, Esq., Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. E-mail: Edward.Charbonneau@maine.gov .
WEBSITE: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #11-10
ADOPTED RULE NUMBER: 2010-523 (Emergency)
CONCISE SUMMARY: Minimum November 2010 Class I price is $20.49/cwt. plus $1.48/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.93/cwt. handling fee for a total of $24.63/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: October 31, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521, E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml



AGENCY: 05-071 – Department of Education
CHAPTER NUMBER AND TITLE: Ch. 145, Procedures for Establishing and for Student Participation in the Maine Opportunity Program
ADOPTED RULE NUMBER: 2010-524
CONCISE SUMMARY: The rule will be repealed governing the "Opportunity Maine Program and Contract" as the statutory provisions for the rulemaking authority have been repealed.
EFFECTIVE DATE: November 1, 2010
AGENCY CONTACT PERSON: Joanne C.Holmes, Maine Department of Education, State House Station 23m Augusta, Maine 04333. Telephone: (207) 624-6669, E-mail: Jaci.Holmes@Maine.gov .
WEBSITE: http://www.maine.gov/education/index.shtml
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 96, Private Duty Nursing and Personal Care Services
ADOPTED RULE NUMBER: 2010-525 (EMERGENCY)
CONCISE SUMMARY: The rates for some Private Duty Nursing and Personal Care Services are incorrect. There is presently a financial cap on services for certain Private Duty Nursing and Personal Care Services. Members utilizing the services where the rate is presently too high may reach their cap before they would have if these rates are not corrected. In situations where the rate is too low providers are not being properly reimbursed. Therefore, the Department must further amend this rule to correct rates listed for “RN Services” (T1002), “Personal Support Services (FPSO)” (S5125) and “Medication Administration” (T1502). The unit of the services in this section was amended on June 27, 2010 to indicate that (unless indicated otherwise) the listed services are to be billed per 15 minutes, as opposed to the 30 minute unit as was previously the case. The amended rates for “RN Services”, “Personal Support Services (FPSO)” and “Medication Administration” were not listed accurately in the June 27, 2010 rule change. In addition, the language in this rule has been revised to better align with the language used in the nationally recognized HCPCS coding manual.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: October 28, 2010
AGENCY CONTACT PERSON: Amy MacMillan, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9642. FAX: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Amy.MacMillan@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov