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Home > Weekly Notices > February 16, 2011

February 16, 2011

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: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 152, Rules Concerning Form for Hazardous Materials License
PROPOSED RULE NUMBER: 2011-P14
BRIEF SUMMARY: Proposal to repeal an obsolete rule pertaining to hazardous materials transport licensing.
DETAILED BASIS STATEMENT / SUMMARY: Permit was created pursuant to PL 1987 C. 750. This law was repealed in 1993 by PL 1993, c.658, §9.
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRSA §246-D
CHAPTER NUMBER AND TITLE: Ch. 154, The Operation of Motor Intrastate and Interstate Exempt Carriers of Property for-Hire
PROPOSED RULE NUMBER: 2011-P15
BRIEF SUMMARY: Proposal to repeal an obsolete rule relative to intrastate motor carrier operating authority requirements. Rule made obsolete pursuant to PL 2009, c.598, §9.
DETAILED BASIS STATEMENT / SUMMARY: Rule is being proposed for repeal due to repeal of the underlying statutory authority in 2009.
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRSA §552
CONTACT PERSON FOR THESE FILINGS: Garry Hinkley, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: none
COMMENT DEADLINE: March 18, 2011
IMPACT ON MUNICIPALITIES OR COUNTIES: None
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/bmv/
BMV RULE-MAKING LIAISON: Robert.O’Connell@Maine.gov .


AGENCY: 29-250 - Department of the Secretary of State, Bureau of Corporations, Elections & Commissions (CEC)
CHAPTER NUMBER AND TITLE: Ch. 506, The Change of Address Confirmation Card, Voter Registration Acknowledgement Notice, and Address Verification Notice
PROPOSED RULE NUMBER: 2011-P16
CONTACT PERSON FOR THIS FILING: Melissa Packard, Director of Elections and APA, 101 State House Station, Augusta, ME 04333-0101. Telephone: (207) 624-7650. Fax: (207) 287-5428. E-mail: Melissa.Packard@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: none
COMMENT DEADLINE: March 18, 2011
BRIEF SUMMARY: Proposal to repeal an obsolete rule. The statutory authority for this rule, 21-A MRSA §162-A, sub§3, was repealed.
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 21-A MRSA §162-A, sub§3
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/cec/elec/ .
CEC RULE-MAKING LIAISON: Julie.Flynn@Maine.gov .



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife (IF&W)
RULE TITLE OR SUBJECT: Ch. 4 - 4.06, Wild Turkey Hunting Season
PROPOSED RULE NUMBER: 2011-P17
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule to open Wildlife Management District 19 to turkey hunting. A detailed copy of the proposed rule maybe obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA §11701
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: March 18, 2011
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/


ADOPTIONS


AGENCY: 94-411 - Maine Public Employees Retirement System
CHAPTER NUMBER AND TITLE: Ch. 203, Local Districts that Resume MSRS Participation after Withdrawal
ADOPTED RULE NUMBER: 2011-44
CONCISE SUMMARY: The Maine Public Employees Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule is repealed. Part of this rule is included in another System rule and other parts are obsolete and do not reflect current laws.
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Retirement Plan
ADOPTED RULE NUMBER: 2011-45
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The amendments to the rule incorporate recent statutory changes to: 1) bring the plan into compliance with the Internal Revenue Code in order to maintain qualified plan status; 2) permit members to pay contributions in order to include unpaid days off as earnable compensation; 3) change how the cost-of-living adjustment is determined when the Consumer Price Index is negative; and 4) expand accidental death benefits to the beneficiary of certain professional firefighters. Amendments were also made to the disability benefits that apply to participants in the 401(a) Plan. Finally, relevant portions of Ch. 203 (repealed) that governed the resumption of participating local district participation after a withdrawal has occurred, are included in this rule.
CHAPTER NUMBER AND TITLE: Ch. 804, Rebuttable Presumption for Death Benefits
ADOPTED RULE NUMBER: 2011-46
CONCISE SUMMARY: PL 2009, c. 513 requires the Board of Trustees to adopt a rule to implement the new law. The rule establishes the standards to be used in the determination of whether the death of a professional firefighter is job-related for the purpose of determining benefit eligibility under the accidental death benefit provision.
EFFECTIVE DATE: February 1, 2011
AGENCY CONTACT PERSON: Kathy Morin, Maine Public Employees Retirement System, 46 State House Station, Augusta, Maine 04333-0046. Telephone: 512-3190 or 1 (800) 451-9800. E-mail: Kathy.Morin@mainepers.org .
WEBSITE: www.mainepers.org


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 5, Certificate of Approval Process for Midcoast Regional Redevelopment Authority Projects
ADOPTED RULE NUMBER: 2011-47
CONCISE SUMMARY: The Rule establishes the procedures, standards and fees applicable to the Authority’s determination regarding the issuance of a Certificate of Approval for bonds to be issued by the Midcoast Regional Redevelopment Authority.
CHAPTER NUMBER AND TITLE: Ch. 307, Maine Seed Capital Tax Credit Program, Amendment 6
ADOPTED RULE NUMBER: 2011-48
CONCISE SUMMARY: The amendment proposed to designate the footprint of a military installation that is closed pursuant to the Federal Base Closure and Realignment Commission process is considered a “high unemployment area” for a period of 10 years following the transfer of the site to a redevelopment authority or other, similar entity.
EFFECTIVE DATE: February 13, 2011
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, ME 04332-0949. Telephone: (800) 228-3734. E-mail: ebordowitz@famemaine.com .
WEBSITE: http://www.famemaine.com/



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Off9ce of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. I Section 1, General Administrative Policies and Procedures
ADOPTED RULE NUMBER: 2011-49
CONCISE SUMMARY: The Department is adopting numerous changes to the MaineCare Benefits Manual (MBM), Ch. 101 Ch. 1 Section 1, General Administrative Policies and Procedures, to assure that provider requirements align with the Department’s new claims system and to up-date other aspects of the rule. The methods of claims submission reflect various updates in moving from the Maine Claims Management System (MECMS) to the Maine Integrated Health Management Solution (MIHMS) claims system. Ch. I retains the one (1) year deadlines from dates of services for the correct filing of claims, but adds the proviso that if the service was provided before September 1, 2010, then the claim must be filed within one (1) year or by January 31, 2011, whichever is sooner. Various other changes are made, including requiring that provider license renewals must be received within 30 days prior to the date of expiration or change, that providers must update ownership information on an annual basis and that out-of-state providers treating MaineCare members on an emergency basis must contact the Department within 24 hours. The Department also adopts federally required changes to copayments, including an exemption from copayments for Native Americans (42 C.F.R. §447.57) and a limit on total copayments to 5% of income (42 C.F.R. §447.78). The Department adds information regarding filing and managing claims in MIHMS, recognizes nurse licensure to include current, unencumbered compact licenses from another compact state, strengthens the Department’s ability to collect overpayments determined by providers (P.L. 111-148, §6506) eliminates obsolete billing codes and pursuant to federal law, eliminates payments to entities outside the United States (P.L. 111-148, §6505). Various grammatical and structural changes are also made to the rule.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: February 13, 2011
AGENCY CONTACT PERSON: Michael Dostie, Comprehensive Health Planner, DHHS, MaineCare Services, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-287-6124. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Michael.Dostie@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@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. II Section 97, Private Non-Medical Institution Services; Ch. III Section 97, Private Non-Medical Institution Services; with Appendix B, Principles of Reimbursement for Substance Abuse Treatment Services
ADOPTED RULE NUMBER: 2011-50
CONCISE SUMMARY: The amendments to Ch. III Section 97 change the method of reimbursing PNMI substance abuse treatment facilities from an interim rate/cost-settlement basis to fixed per diem rates depending on the type of service. The new standardized rates are set forth in the regulation, and appropriate, HIPAA compliant billing codes are provided. Ch. II, Section 97 is amended to coordinate with changes to Ch. III regarding the method of reimbursement for these services. Minor revisions are made to the names of some services. The changes are necessary to meet budget reduction targets. The Legislature ordered various reductions in expenditures in the MaineCare program to counteract predicted deficits and balance the budget. P.L. 2009, ch. §571. The reduction in reimbursements for PNMI substance abuse treatment facilities was selected by the Legislature after careful consideration, and it will be implemented in a fair and equitable manner. It is anticipated that the proposed changes will result in savings of $264,744 in State fiscal year 2011. These changes were first adopted by emergency rule effective November 15, 2010.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: February 13, 2011
AGENCY CONTACT PERSON: Margaret Brown, Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Margaret.E.Brown@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual: Ch. 16, Federal Income Tax Refund Offset; Ch. 21, Revocation and Non-renewal of Occupational or Recreational Licenses; Ch. 22, Revocation of Motor Vehicle Operators Licenses; Ch. 26, Confidentiality
ADOPTED RULE NUMBER: 2011-51
CONCISE SUMMARY: Amends rule regarding obtaining past-due child support from federal income tax in accordance with amendment to federal law. Amends rules regarding license revocation for failure to comply with a support order in accordance with amendments in state law. Establishes rule for safeguarding confidential information, obtained by the Department in connection with child support enforcement in accordance with federal law.
EFFECTIVE DATE: February 14, 2011
AGENCY CONTACT PERSON: Kevin Wells, DSER Staff Counsel, Department of Health and Human Services, 268 Whitten Road, State House Station 11, Augusta ME 04333-0011. Telephone: (207) 287-5095. E-mail: Kevin.Wells@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/OIAS/dser/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual: Ch. 24, National Medical Support Notice; Ch. 25, Securing and Enforcing Medical Support
ADOPTED RULE NUMBER: 2011-52
CONCISE SUMMARY: Amends rule regarding use of National Medical Support Notice in accordance with amendment to federal law. Establishes rule for securing and enforcing medical support in accordance with federal law.
EFFECTIVE DATE: February 14, 2011
AGENCY CONTACT PERSON: Kevin Wells, DSER Staff Counsel, Department of Health and Human Services, 268 Whitten Road, State House Station 11, Augusta ME 04333-0011. Telephone: (207) 287-5095. E-mail: Kevin.Wells@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/OIAS/dser/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2011
ADOPTED RULE NUMBER: 2011-53
CONCISE SUMMARY: The rule fulfils the requirement that each year the State Tax Assessor determine 100% valuations per acre for each forest type by economic region for parcels under the Tree Growth Tax Law. This rule is applicable to the 2011 tax year. A copy of the statement of the economic impact on small business to be prepared by Maine Revenue Services pursuant to 5 MRSA §8052(5-A) with respect to the proposed Rule may be obtained after the close of the comment period and prior to the adoption of the proposed Rule by contacting the Agency Contact Person listed below.
EFFECTIVE DATE: February 14, 2011
AGENCY CONTACT PERSON: John W. Sagaser, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9536. Fax: (207) 287-3618. E-mail: John.W.Sagaser@Maine.gov
WEBSITE: http://www.maine.gov/revenue/