January 11, 2012
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.
AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections & Commissions
RULE TITLE OR SUBJECT: Request for Comments on the Maine Administrative Procedure Act
CONCISE SUMMARY: By the end of January, 2012, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include any comments on these recommended improvements in the report.
STATUTORY AUTHORITY: 5 MRSA §8056-A
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 26, 2012
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary of State, 101 State House Station, Augusta, ME 04333. Telephone: (207) 624-7650. Fax: (207) 287-6545. E-mail: Don.Wismer@Maine.gov
AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 13.08, Watercraft (Motor Size Restrictions on Certain Inland Waters)
PROPOSED RULE NUMBER: 2012-P1
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following watercraft regulations: Travel Pond, Jefferson, Lincoln County – motorboats with internal combustion engines prohibited.
PUBLIC HEARING: January 31, 2012 – Jefferson Village School, Cafeteria, 48 Washington Road, Jefferson, ME – 6:30 p.m.
COMMENT DEADLINE: February 10, 2012
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §13051
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, Maine Public Assistance Manual (TANF), EMERGENCY Rule: Ch. 1 pages 21-25c; Ch. X pages 1-2a
ADOPTED RULE NUMBER: 2012-2 (Emergency)
CONCISE SUMMARY: This emergency rule requires the Department to deny TANF cash assistance to families who have received TANF for longer than 60 months, unless the Department determines the family qualifies for a hardship extension.
EFFECTIVE DATE: January 6, 2012
AGENCY CONTACT PERSON: Dawn M. Mulcahey, TANF Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011. Telephone: (207) 287-6426. TTY: (800) 606-0215. E-mail: Dawn.Mulcahey@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .
AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 101, Standard Interest Rate (Repeal)
ADOPTED RULE NUMBER: 2012-3
CONCISE SUMMARY: The rule has been repealed because it is unnecessary. The standard interest rate charged on overdue tax payments is established pursuant to statute; Title 36, Section 186 provides that the rate of interest for any calendar year equals the prime rate rounded up to the next whole percent, plus 3 percentage points. Maine Revenue Services can adequately establish this rate each year, and provide timely and effective notice to taxpayers and taxpayer representatives, without going through the formal ru1emaking process.
CHAPTER NUMBER AND TITLE: Ch. 313, Classified Permits (Repeal)
ADOPTED RULE NUMBER: 2012-4
CONCISE SUMMARY: The rule has been repealed because Title 36 Section 1951-A has been amended to repeal the authority of the State Tax Assessor to issue classified permits (whereby certain small retailers were granted a waiver of the requirement to report all of their nontaxable sales, and instead allowed to establish a "default" percentage of taxable vs. exempt sales on their sales tax returns); see PL 2011 Ch. 285, effective September 28, 2011. The handful of remaining classified permit holders have been administratively grandfathered, and MRS has explained to the retailers in question and to the Taxation Committee that these few remaining permits will continue to be honored.
EFFECTIVE DATE: January 14, 2012
AGENCY CONTACT PERSON: David E. Bauer, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
AGENCY: 12-152 - Department of Labor (DOL), Bureau of Rehabilitation Services
CHAPTER NUMBER AND TITLE: Ch. 12, Communication Devices for People with Disabilities Program Rules
ADOPTED RULE NUMBER: 2012-5
CONCISE SUMMARY: This statute was changed in PL 173 in the 125 legislature session. Language was added to the existing Telecommunications Equipment Program (TEP) law which is paid for by the Universal Service Fund (USF). The language includes telecoil technology (hearing aids) to provide the TEP to serve elderly low-income residents that live independently.
In addition there are grammar and Rule title changes to reflect current terminology.
The rule change enables the contracted agency for the statewide Telecommunications program to provide hearing aids to Maine's elderly low -income residents who meet the eligibility requirements as stated in this rule.
EFFECTIVE DATE: January 14, 2012
AGENCY CONTACT PERSON: Elizabeth Hopkins, Division of Vocational Rehabilitation, 45 Commerce Street, 150 State House Station, Augusta, ME 04333-0150. Telephone: (207) 623-6745. Fax: (207) 287-5292. E-mail: Elizabeth.Hopkins@Maine.gov .
WEBSITE: http://www.maine.gov/rehab/ .
DOL RULE-MAKING LIAISON: Adam.C.Fisher@Maine.gov .