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Home > Weekly Rule-making Notices > November 2, 2011

November 2, 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.


CORRECTION


AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 307, Maine Seed Capital Tax Credit, Amendment 7
PROPOSED RULE NUMBER: 2011-P178 (2nd publication)
BRIEF SUMMARY: The amendment implements the changes made by P.L. 2011, Ch. 454, expanding the credit statewide to 60% (except for private venture capital funds) and relating to refundable tax credits for private venture capital funds.
CHAPTER NUMBER AND TITLE: Ch. 325, Maine New Markets Capital Investment Program
PROPOSED RULE NUMBER: 2011-P179 (2nd publication)
BRIEF SUMMARY: This rule is a new rule proposed to implement the Maine New Markets Capital Investment Program. This program was created by the Legislature this past session (PL 2011, Ch. 380, Part Q). It is modeled on the federal New Markets Tax Credit Program, awarding credits against Maine income tax for certain investments in low income community businesses in the state. The statute requires the Authority to promulgate rules to implement the Program.
PUBLIC HEARING: November 15, 2011 at the Holiday Inn by the Bay, 88 Spring Street, Portland, Maine. 2:30 p.m.
COMMENT DEADLINE: November 25, 2011
CONTACT PERSON: Christopher H. Roney, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, ME 04332-0949. Telephone: (207) 623-3263. E-mail: CRoney@FameMaine.com .
WEBSITE: http://www.famemaine.com/
IMPACT ON MUNICIPALITIES OR COUNTIES: None
(APA Office Note: the above October 26 notice is rerun here because some versions were incomplete.)


PROPOSALS



AGENCY: 05-071 - Department of Education, State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 61, State Board of Education Rules for Major Capital School Construction Projects
PROPOSED RULE NUMBER: 2011-P229 (change in comment deadline)
The comment deadline has been moved from November 25 to November 28. All other details as published in the October 26 notice remain the same.



AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 122, Grant Application and Award Procedure: Fund for the Efficient Delivery of Educational Services
PROPOSED RULE NUMBER: 2011-P231 (New chapter, major substantive)
CONTACT PERSON FOR THIS FILING: Susan Corrente, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6668. E-mail: Susan.Corrente@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
PUBLIC HEARING: Monday November 21, 2011, 10-11:30 a.m., Room # 103 - Burton Cross State Office Building, Augusta, Maine 04333
COMMENT DEADLINE: 5 p.m. Thursday, December 1, 2011
BRIEF SUMMARY: This rule governs the application for, and awarding of, funds from the Fund for the Efficient Delivery of Educational Services. Grants are intended to assist in the financing of local and regional initiatives to improve education opportunity and student achievement by means of changes that increase efficiency in the delivery of services.
IMPACT ON MUNICIPALITIES OR COUNTIES: Projects funded under this rule are intended to increase efficiency and cooperation among local and regional entities, and both municipalities and counties are eligible to apply.
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA §2651(5)
WEBSITE: http://www.maine.gov/education/index.shtml .
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .



AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 115, Certification, Authorization and Approval of Education Personnel:
Part I, Standards and Procedures for Certification, Authorization, and Approval;
Part II, Requirements for Specific Certificates and Endorsements
PROPOSED RULE NUMBER: 2011-P232
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Mark A. Cyr, Department of Education, Certification Office, 23 State House Station, Augusta, ME 04333-0023. Telephone: (207) 624-6603. Fax: (207) 624-6604. TTY: 1 (888) 577-6690. E-mail: Mark.Cyr@Maine.gov .
PUBLIC HEARING: Tuesday, November 22, 2011, 1:00-3:00 p.m., Room 500, Cross Office Building, Augusta (and satellite teleconferencing sites)
COMMENT DEADLINE: Monday, December 5, 2011, 5:00 p.m.
BRIEF SUMMARY: On September 28, 2011, changes made to Title 20-A during the 125th Legislature went into effect. Accordingly, Ch. 115 must be opened to revise the corresponding rules. LD 129, “An Act to Eliminate Dual Certification Requirements for Speech-Language Pathologists,” now allows professionals who are licensed by the State of Maine to be employed in Maine schools without needing to hold the Department of Education educational specialist certificate. LD 1094, “An Act to Improve the Delivery of School Psychological Services to Children,” eliminates references to the title “School Psychological Service Providers” and changes the title to “School Psychologists.” The revised rule reinstates a requirement for supervision during the first year of independent practice in order to renew the initial certificate. It will also reinstate a transcript analysis pathway to certification that was removed during an earlier revision to Ch. 115.
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA §13011(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: same
WEBSITE: http://www.maine.gov/education .
DOR RULE-MAKING LIAISON: Greg.Scott@Maine.gov .



AGENCY: 01-015 – Department of Agriculture, Food and Rural Resources, Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #12-11
PROPOSED RULE NUMBER: 2011-P233
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 18, 2011, 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 18, 2011
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 .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .



AGENCY: 01-015 – Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 26, Producer Margins
PROPOSED RULE NUMBER: 2011-P234
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
PUBLIC HEARING: none
COMMENT DEADLINE: December 2, 2011
BRIEF SUMMARY: In this rule-making the Commission is repealing and replacing Ch. 26 to recognize as instructed by statute, the cost of production and target prices with production ranges for four different levels of production at their breakeven cost of production. In order to avoid any concern that the Commission is adopting a rule that is substantially different than what was originally posted we are reposting with the choices that the Commission is considering in accordance with 5 MRSA §8052 5b.
DETAILED BASIS STATEMENT / SUMMARY:

CHOICE ONE- Short run break even costs


Tier:

Annual Production Range:

Target Price:

One

0 – 16,790 hundredweight

$19.64

Two

Over 16,791 to 49,079 hundredweight

$20.36

Three

Over 49,079 to 76,800 hundredweight

$18.01

Four

Over 76,800 hundredweight

$17.83

Average

 

$19.35

CHOICE TWO- Short run break even costs plus unpaid family labor and management


Tier:

Annual Production Range:

Target Price:

 One

0 – 16,790 hundredweight

$25.57

Two

Over 16,791 to 49,079 hundredweight

$21.88

Three

Over 49,079 to 76,800 hundredweight

$18.56

Four

Over 76,800 hundredweight

$18.18

Average

 

$22.49

CHOICE THREE- Short run break even costs with increased feed and fuel costs


Tier:

Annual Production Range:

Target Price:

 One

0 – 16,790 hundredweight

$22.25

Two

Over 16,791 to 49,079 hundredweight

$23.76

Three

Over 49,079 to 76,800 hundredweight

$20.78

Four

Over 76,800 hundredweight

$20.60

Average

 

$21.85

CHOICE FOUR- Short run break even costs plus unpaid family labor and management with increased feed and fuel costs


Tier:

Annual Production Range:

Target Price:

One

0 – 16,790 hundredweight

$28.14

Two

Over 16,791 to 49,079 hundredweight

$24.09

Three

Over 49,079 to 76,800 hundredweight

$21.33

Four

Over 76,800 hundredweight

$20.96

Average

 

$25.03

SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 7 MRSA §2952-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .



AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 140, Public Charter Schools
PROPOSED RULE NUMBER: 2011-P235 (New chapter, major substantive)
CONTACT PERSON FOR THIS FILING: Deborah Friedman, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: 624-6620. E-mail: Deborah.Friedman@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
PUBLIC HEARING: Tuesday, November 22, 2011, 9 a.m. to noon, Room 103, Cross Office Building, Augusta
COMMENT DEADLINE: 5 pm, Friday, December 2, 2011
BRIEF SUMMARY: This rule provides standards and procedures for implementation of Title 20-A, ch. 112 relating to the authorizing, oversight and operation of public charter schools in Maine. The rule requires public notice of the activities of authorizers and charter schools, establishes student enrollment procedures, sets standards for the operation of authorizers, provides criteria for determining the independence of a charter school governing board from an education service provider, sets standards for petitions relating to conversion of a non-charter public school to a public charter school, and clarifies the funding of public charter schools.
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA §2403(6)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 20-A MRSA ch. 112
WEBSITE: http://www.maine.gov/education/index.shtml .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .



AGENCY: 12-170 – Department of Labor (DOL), Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 17, Rules Regarding Proof of Ownership by Employers Employing Foreign Laborers to Operate Logging Equipment
PROPOSED RULE NUMBER: 2011-P236 (Repeal)
CONCISE SUMMARY: The purpose of this chapter is to repeal Ch. 17 which was made obsolete with the passage of extensive changes to the underlying law.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §872
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: December 9, 2011
AGENCY CONTACT PERSON: Mike Roland, Deputy Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045. Telephone: (207) 623-7932. E-mail: Michael.Roland@Maine.gov .
WEBSITE: http://www.maine.gov/labor/bls/ .
DOL RULE-MAKING LIAISON: Adam.C.Fisher@Maine.gov .


ADOPTIONS



AGENCY: 16-226 - Department of Public Safety, Liquor Licensing Unit
CHAPTER NUMBER AND TITLE: Ch. 14, Merchandising and Stock
ADOPTED RULE NUMBER: 2011-374
CONCISE SUMMARY: This amendment provides that an agency liquor store may permit the return of a bottle of spirits from a consumer if the bottle has not been opened or tampered with and is accompanied by a sales receipt that shows the bottle of spirits was purchased within the last 10 days from that agency liquor store.
EFFECTIVE DATE: October 5, 2011
AGENCY CONTACT PERSON: Jeffrey Austin, Department of Public Safety, Liquor Licensing and Compliance, 164 State House Station, Augusta, ME. 04333. Telephone: (207) 624-7231. E-mail: Jeffrey.R.Austin@Maine.gov .
WEBSITE: http://www.maine.gov/dps/liqr/index.html .
AGENCY RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .



AGENCY: 01-015 – Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #11-11
ADOPTED RULE NUMBER: 2011-375 (Emergency)
CONCISE SUMMARY: Minimum November 2011 Class I price is $21.70/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $22.25/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 30, 2011
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 .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@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 13, Targeted Case Management Services
ADOPTED RULE NUMBER: 2011-376
CONCISE SUMMARY: The adopted rules eliminate two target groups currently being reimbursed under Ch. 13, Targeted Case Management (TCM): “Case Management Services for Children Involved with Protective Services”, and “Case Management Services for Adults Involved with Protective Services”. Additionally the rulemaking adds medical eligibility criteria for the target group “Members Experiencing Homelessness”. Ch.. II is also changed to delete obsolete language concerning the 2009 transition to one Comprehensive Case Manager and add a requirement for documentation that members have had choice of providers. Ch. III is changed to align the standard units of service and maximum allowance for two categories of TCM services with the other TCM categories. These rule changes will not impose any cost on municipalities or counties or have any adverse impact on small businesses.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: November 1, 2011
AGENCY CONTACT PERSON: Margaret Brown, Health Planner, Division of Policy, 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) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Margaret.E.Brown@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/



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 32, Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders
ADOPTED RULE NUMBER: 2011-377
CONCISE SUMMARY: The adopted rule establishes a new section of the MaineCare Benefits Manual that is known as Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders. These services are provided to children under a Home and Community Based Waiver program approved by the Centers for Medicare and Medicaid Services (CMS). Services in Ch. II include Home Support, Home Accessibility Adaptations, Transportation, Consultation, Communication Aids and Respite Care. Services will be provided to children with Intellectual Disabilities or Pervasive Developmental Disorders to support them to live in the community rather than in institutional settings. This change is not expected to have an adverse effect on the administrative burdens of small businesses.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: November 1, 2011
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/