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Home > Weekly Rule-making Notices > November 23, 2011

November 23, 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: 03-201 - Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 15, DOC Batter Intervention Certification
PROPOSED RULE NUMBER: 2011-P250
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kelene Barrows, 111 State House Station, Augusta, ME 04333-0111. Telephone: (207) 287-3366. E-mail: Kelene.Barrows@Maine.gov .
PUBLIC HEARING: December 12, 2011 at 1:00 p.m., Department of Corrections, Tyson Conference Room, 25 Tyson Drive, Augusta, ME 04333-0111
COMMENT DEADLINE: December 23, 2011
BRIEF SUMMARY: The Department is proposing to repeal and replace the existing standards for the certification of batterer intervention programs. The proposed revisions to the Batterer Intervention Standards will result in improved operation of the Batterer Intervention Programs.
DETAILED BASIS STATEMENT / SUMMARY: The Department is proposing to repeal and replace the existing standards for the certification of batterer intervention programs. The proposed revisions to the Batterer Intervention Standards will result in improved operation of the Batterer Intervention Programs.
The revisions to the procedures and standards governing the certification and monitoring of Batterer Intervention Programs reflect the results of the 2009 & 2011 biannual reviews and will result in improved operation of the Batterer Intervention Programs. The changes consist of the inclusion of abuse between dating partners and exclusion of abuse upon children; changing language to make it gender neutral; a provision that if the BIP is under the umbrella of a family violence project, monitoring by the family violence project may be no less than quarterly; a requirement that staff of a batters intervention program not be on a deferred disposition for any offense; provisions requiring recognition of the role of substance abuse in battering; and provisions relating to credit for weeks completed prior to discharge or transfer from a program.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 19-A MRSA §4014(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/corrections/VictimServices/BatIntervent.htm .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (MRS)
CHAPTER NUMBER AND TITLE: Ch. 601, Estate Tax
PROPOSED RULE NUMBER: 2011-P251
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Nanette Ardry, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9725. E-mail: Nanette.M.Ardry@Maine.gov .
PUBLIC HEARING: None scheduled at this time
COMMENT DEADLINE: December 28, 2011
BRIEF SUMMARY: MRS proposes to amend Rule 601 (“Estate Tax”). The following changes are being made to the proposed Rule. The definition of “Maine exclusion” in section .01(H) is amended to reflect the legislative change that raised the exclusion to $2,000,000 for estates of decedents dying after December 31, 2012. Other references throughout the Rule are updated to include that change and the new estate tax chapter in Title 36. Additionally, wording throughout the Rule is revised to be more precise. The deadline for filing an amended return in .03(D) is extended to reflect the passage of a recent law that changed that date from 90 to 180 days. The domicile discussion in section .07(B) is edited to more closely follow the language in Rule 807 – Residency. Section .07(D)(1) is amended to remove the inclusion of proceeds from the sale of Maine property in response to a law change. Section .07(D)(2) is changed to more closely follow the language of the statute that was recently amended. New language reflecting the change in the law to the calculation of the Maine QTIP for decedents dying on or after January 1, 2011 is included in section .08. Various other editorial changes are made. A copy of the proposed Rule can be found on the MRS website at http://www.maine.gov/revenue/ (select Laws & Rules).
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 36 MRSA §112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 36 MRSA Ch. 575 and 577
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (MRS)
CHAPTER NUMBER AND TITLE: Ch. 806, Nonresident Individual Income Tax
PROPOSED RULE NUMBER: 2011-P252
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Nanette Ardry, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9725. E-mail: Nanette.M.Ardry@Maine.gov .
PUBLIC HEARING: None scheduled at this time
COMMENT DEADLINE: December 28, 2011
BRIEF SUMMARY: MRS is proposing to amend a Rule 806 (“Nonresident Individual Income Tax”). The following changes are being made to the proposed Rule. The Rule is edited to change headings, remove examples, correct references, and renumber provisions to be consistent with the format used in connection with other Bureau of Revenue Services Rules. New definitions of “permanent business presence,” “research and development,” and “temporary business presence” are added in section .01 to clarify the use of these terms elsewhere in the Rule. In section .02(E), the meaning of “original cost” as used in that subsection is clarified by reference to Rule 801. In section .02(G) and (H), discussion of the minimum taxability thresholds is revised to reflect the recent legislative changes to the thresholds. Section .03 is revised to reflect recent changes to federal and state law impacting respectively, military spouses and nonresident employees subject to interlocal agreements. Section .04 is updated to include discussion of the existing law applicable to net operating losses that began in 2009. An application date is added at the end of the Rule. Various other editorial changes are made, including revision of wording throughout the Rule to be more precise. A copy of the proposed Rule can be found on the MRS website at http://www.maine.gov/revenue/ (select Laws & Rules).
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 36 MRSA §§ 112, 5142
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 36 MRSA Part 8
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (MRS)
CHAPTER NUMBER AND TITLE: Ch. 807, Residency
PROPOSED RULE NUMBER: 2011-P253
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Nanette Ardry, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9725. E-mail: Nanette.M.Ardry@Maine.gov .
PUBLIC HEARING: None scheduled at this time
COMMENT DEADLINE: December 28, 2011
BRIEF SUMMARY: MRS is proposing to amend a Rule 807 (“Residency”). The following changes are being made to the proposed Rule. In section .04(D) and (G), the geographic location of an individual’s financial institution is deleted as a factor and is instead listed as an exception from consideration consistent with the recent law change. A reference to the Internal Revenue Code is added the factor related to the individual’s principal residence. In section .06(B)(3), how a portion of a day is counted is clarified. An application date is added in section .10. Various other editorial changes are made, particularly related to format. A copy of the proposed Rule can be found on the MRS website at http://www.maine.gov/revenue/ (select Laws & Rules).
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 36 MRSA §112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 36 MRSA Part 8
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 313, Customer New Energy Billing
PROPOSED RULE NUMBER: 2011-P254
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Mitchell Tannenbaum, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1391. E-mail: Mitchell.Tannenbaum@Maine.gov .
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: December 28, 2011
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking proceeding to amend the current net energy billing rule to provide for specified term lengths for net energy billing contracts.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 104, 111, 1301, 3203(9), 3209-A, 3210 and PL 2011, ch 262, sec. 2
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .


ADOPTIONS



AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 710, Auditing Requirements for all Public Utilities
ADOPTED RULE NUMBER: 2011-408
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to its auditing requirements rule, Ch. 710, in response to recent legislation that exempted qualified small water utilities from certain auditing requirements.
EFFECTIVE DATE: November 21, 2011
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: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 6.03, Lobster Processing: Restrictions and Prohibitions
ADOPTED RULE NUMBER: 2011-409
CONCISE SUMMARY: These adopted regulations establish the permits, restrictions, shipment labeling, and records requirements for the holder of a Lobster Processor License to process oversize lobster. Such lobster must be legal in the jurisdiction from which they were harvested in accordance with the newly enacted law 12 M.R.S.A. §6431 sub-§6-B: Exception; lobster processing.
CHAPTER NUMBER AND TITLE: Ch. 8.10(C)(6), Primary Buyer Permit Reporting, Shrimp (weekly reporting by dealers)
ADOPTED RULE NUMBER: 2011-410
CONCISE SUMMARY: Weekly landings reports by shrimp dealers are needed to manage the fishery. Currently, some dealers report only monthly, and this is not timely enough to effectively monitor landings. This adopted regulation will change the report submission time from monthly to weekly, but does not change the type or quantity of information required.
CHAPTER NUMBER AND TITLE: Ch. 85, Saltwater Fishing Registry
ADOPTED RULE NUMBER: 2011-411
CONCISE SUMMARY: In accordance with the revised reporting requirements in the new law, 12 MRSA §6312, effective July 6, 2011 (P.L. Ch. 421, LD 210), the information concerning who, where and how to report has been added. This rulemaking also repeals the saltwater fishing registry regulations pertaining to registry of agents, exemptions and striped bass endorsement for compliance with the same law.
EFFECTIVE DATE: November 21, 2011
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: Department of Professional and Financial Regulation (P&FR):
02-029 - Bureau of Financial Institutions (Ch. 138, Regulation 38), jointly with
02-030 - Bureau of Consumer Protection (Ch. 240)
CHAPTER TITLE AND NUMBERS: Truth-in-Lending, Regulation Z-2
ADOPTED RULE NUMBERS: 2011-412, 413
CONCISE SUMMARY: This rule was originally promulgated in 1981 and re-promulgated in 1986, 1989, 1992, 1997, 1998 and 2002 and twice in 2010. This rule-making repeals Bureau of Financial Institution Rule, Ch. 138, and Bureau of Consumer Credit Protection Rule, Ch. 240, otherwise known as Regulation Z-2.
Regulation Z-2 is repealed because it is both out-of-date and duplicative. Pursuant to Public Law 2011, Ch. 427, "An Act to Amend the Maine Consumer Credit Code to Conform with Federal Law," creditors are mandated to comply with the federal Consumer Credit Protection Act, 15 United States Code, Section 1601, et seq. and its implementing Regulations, Section 226.1 et seq. and Regulation M, 12 Code of Federal Regulations, Section 213.1 et seq., including any final regulations issued on or before July 21, 2011. Any distinctions from federal truth-in-Iending laws are now embodied in Article 8-A of the Maine Consumer Credit Code.
EFFECTIVE DATE: November 23, 2011
CONTACT PERSON FOR THESE FILINGS: Christian D. Van Dyck, Attorney, Bureau of Financial Institutions (P&FR), 36 State House Station, Augusta, ME 04333. Telephone: (207) 624-8574. E-mail: Christian.D.VanDyck@Maine.gov .
WEBSITES: Bureau of Financial Institutions. Bureau of Consumer Credit Protection.