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Home > Weekly Rule-making Notices > February 29, 2012

February 29, 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.


PROPOSALS



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #04-12
PROPOSED RULE NUMBER: 2012-P21
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: March 23, 2012, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: March 23, 2012
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 .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 331, OFI Maine Public Assistance Manual, Rule #93P: Ch. II (pages 38-41 “ASPIRE-TANF”)
PROPOSED RULE NUMBER: 2012-P22
CONCISE SUMMARY: This proposed rule revises the penalty for mandatory TANF participants who fail to sign the family contract or to abide by its provisions as stated below:
1. For the first failure to comply benefits to the individual will be terminated for the lesser of ninety (90) days or until the failure to comply ceases Benefits for the remainder of the eligible family members will continue.
2. When the first failure to comply lasts for longer than 90 days and for a second and subsequent violation, termination of benefits applies to the adult recipient and the full family unit.
Benefits shall be restored once the recipient signs the contract and verifies compliance with the provisions of the contract.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: P.L. 2011, ch. 380, §§ PP-3, PP-4, Part ZZ; 22 MRSA §42; 22 MRSA §3762
PUBLIC HEARING: March 19, 2012, at 9:00 a.m., 442 Civic Center Drive, Augusta
DEADLINE FOR COMMENTS: March 29, 2012
AGENCY CONTACT PERSON: Dawn 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. 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 (BRS)
RULE TITLE OR SUBJECT: Ch. 202, Tree Growth Tax Law Valuations
PROPOSED RULE NUMBER: 2012-P23
CONCISE SUMMARY: Maine Revenue Services is proposing to repeal and replace Rule 202. This is routine annual rulemaking. Title 36 §576 requires the State Tax Assessor to annually determine 100% valuations per acre for each forest type by economic region for parcels under the Tree Growth Tax Law. The updated rule will be applicable to the 2012 tax year.
The rule incorporates current stumpage values into conventional and prevalent algorithms to determine the valuation of forestland by a classification and value averaging system that estimates the worth of forest land used for wood production excluding incremental value attributable to development potential.
ADOPTING THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §§ 576; 112
PUBLIC HEARING: none scheduled at this time
DEADLINE FOR COMMENTS: April 2, 2012
AGENCY CONTACT PERSON: David Ledew, Director, Property Tax Division, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 287-4790. E-mail: David.P.Ledew@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
BRS RULE-MAKING LIAISON: John.Sagaser@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 332, OFI MaineCare Eligibility Manual, Rule #258P: 2012 Cost of Living Adjustment (COLA), Spousal Impoverishment (Minimum Monthly Income Standard and the Monthly Excess Shelter Standard), and Premium Increase for Benefit for HIV/AIDS Waiver
PROPOSED RULE NUMBER: 2012-P24
CONCISE SUMMARY: The Department is authorized to adopt rules that have a retroactive application to comply with federal requirements or to conform to the State Medicaid Plan as filed with the federal government as long as there is no adverse financial impact on recipients. This proposed rule will bring Maine into compliance with Federal law as we are required to apply the SSI Cost of Living Adjustment for 2012 to MaineCare eligibility rules retroactive to January 1, 2012. This proposed rule also makes retroactive changes to the Spousal Impoverishment amounts that were effective July 1, 2011. The Department was not able to make the changes in the MaineCare Eligibility Manual until now.
The monthly premiums to enroll in the HIV/AIDS Waiver are updated to comply with the Waiver agreement between DHHS and CMS. [Maine Section 1115 Health Care Reform Demonstration for Individuals with HIV/AIDS, Part V, Paragraph 21] This proposed rule will not be retroactively applied.
THIS RULE WILL NOT HAVE AN EFFECT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 42(8)(A), 3173; 42 U.S.C. §1396a; 20 C.F.R. §§ 416.2095, 416.2096
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: March 30, 2012
AGENCY CONTACT PERSON: Doreen McDaniel, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011. Telephone: (207) 287-4076. TTY: (800) 606-0215. E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


ADOPTIONS



AGENCY: 10-144 – Department of Health and Human Services, Maine CDC, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 228, Rules Relating to Fluoridation of Public Water Systems
ADOPTED RULE NUMBER: 2012-50 (Repeal)
CONCISE SUMMARY: The Maine Drinking Water Program repealed 10-144 CMR Ch. 228, Rules Relating to the Fluoridation of Public Water Systems, and incorporated relevant sections into Ch. 231, Rules Relating to Drinking Water. The repeal of these rules will not have any adverse impact on small businesses or impose any costs on municipalities or counties.
EFFECTIVE DATE: February 27, 2012
AGENCY CONTACT PERSON: Tera R. Pare, J.D., Rulemaking Coordinator, Drinking Water Program, Division of Environmental Health, Maine CDC, 286 Water Street, Key Bank Plaza, 3rd Floor, Augusta, ME 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/water/index.htm .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 – Department of Health and Human Services, Maine CDC, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 231, Rules Relating to Drinking Water
ADOPTED RULE NUMBER: 2012-51
CONCISE SUMMARY: The Maine Drinking Water Program proposed various revisions to the Rules Relating to Drinking Water, including the transfer of certain fluoridation provisions in its present 10-144 CMR Ch. 228, Rules Relating to the Fluoridation of Public Water Systems (accompanied by the repeal of the Ch. 228 rules), the addition of new optimal fluoridation range for public water systems, the addition of definitions for technical fluoridation terms, a new definition for the term “Designated Operator in Responsible Charge”, new requirements for licensed water operators to sign monthly operator reports, adding a cap on annual base fees to comply with recent statutory revisions, clarifying water testing requirements for new sources, and updating citations to the Code of Federal Regulations. These rule changes will not have any adverse impact on small businesses and will not impose any costs on municipalities or counties.
EFFECTIVE DATE: February 27, 2012
AGENCY CONTACT PERSON: Tera R. Pare, J.D., Rulemaking Coordinator, Drinking Water Program, Division of Environmental Health, Maine CDC, 286 Water Street, Key Bank Plaza, 3rd Floor, Augusta, ME 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/water/index.htm .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 94-649 - Maine Commission on Indigent Legal Services
CHAPTER NUMBER AND TITLE: Ch. 101, Standards of Practice for Attorneys Who Represent Juveniles in Juvenile Court Proceedings
ADOPTED RULE NUMBER: 2012-52
CONCISE SUMMARY: This chapter establishes standards of practice for Commission assigned counsel providing representation in juvenile cases. Theses standards are intended to guide assigned counsel in the conduct of their representation and for use by the Commission in evaluating, supervising and training assigned counsel.
CHAPTER NUMBER AND TITLE: Ch. 102, Standards of Practice for Attorneys who Represent Adults in Criminal Proceedings
ADOPTED RULE NUMBER: 2012-53
CONCISE SUMMARY: This chapter establishes standards of practice for Commission assigned counsel providing representation in adult criminal cases. Theses standards are intended to guide assigned counsel in the conduct of their representation and for use by the Commission in evaluating, supervising and training assigned counsel.
CHAPTER NUMBER AND TITLE: Ch. 103, Standards of Practice for Attorneys who Represent Parents in Child Protective Cases
ADOPTED RULE NUMBER: 2012-54
CONCISE SUMMARY: This chapter establishes standards of practice for Commission assigned counsel providing representation to parents in child protective proceedings. These standards are intended to guide assigned counsel in the conduct of their representation and for use by the Commission in evaluating, supervising and training assigned counsel.
EFFECTIVE DATE: February 27, 2012
AGENCY CONTACT PERSON: John D. Pelletier, Rule-Making Liaison, Maine Commission on Indigent Legal Services, 154 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3254. E-mail: John.Pelletier@Maine.gov .
WEBSITE: http://www.maine.gov/mcils/ .



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 67, Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER: 2012-55
CONCISE SUMMARY: This adopted rulemaking, if CMS approves, raises the Cost of Living Adjustment (COLA) for Nursing Facilities to 2% beginning on October 1, 2011. This is prompted by changes to P.L. 2011, ch. 411. The retroactive application of this rule is permitted under 22 MRSA §42(8).
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: March 3, 2012
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .