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Home > Weekly Rule-making Notices > June 13, 2012

June 13, 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: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE:
Ch. 302, Consumer Education Program; Electric Industry Restructuring
Ch. 303, Employee Transition Benefits
PROPOSED RULE NUMBER: 2012-P113 and P114
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Mitch Tannenbaum, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1391. E-mail: Mitchell.Tannenbaum@Maine.gov .
PUBLIC HEARING: No hearing
COMMENT DEADLINE: July 13, 2012
BRIEF SUMMARY: The Public Utilities Commission proposes to repeal Ch. 302 and 303 of the PUC rules because both chapters were time-limited and are no longer relevant.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 104, 111, 301, 1301, 1303, 1306, 3201, 3213(2) and 35-A MRSA §§ 3202-3217
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 805, Composite Filing
PROPOSED RULE NUMBER: 2012-P115
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: July 16, 2012
BRIEF SUMMARY: MRS is proposing to amend a Rule 805 (“Composite Filing”). The following changes are being made to the proposed Rule. The definition of “Eligible person” is reworded to be more precise. Section 3 and Section 5 are amended to make clear that an eligible person cannot join in a composite return and claim a business credit for which an income modification or election is required. Section 2 is amended to strike the mention of a schedule that is no longer available. A copy of the proposed Rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 36 MRSA §§ 112, 5192
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 36 MRSA Part 8
WEBSITE: http://www.maine.gov/revenue/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 901, Maine Residents Property Tax Program
PROPOSED RULE NUMBER: 2012-P116
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: July 16, 2012
BRIEF SUMMARY: MRS is proposing to amend a Rule 901 (“Maine Residents Property Tax Program”). The following changes are being made to the proposed Rule. Sections .01(A) and .02(A) are amended to reflect recent legislation that allows a claimant to claim a property for which ownership was transferred pursuant to an agreement to remain in possession of the property. A definition of “dwelling” is added to section .02(A). Section .04 is amended to exclude property taxes abated for infirmity or poverty from definition of “property taxes accrued” in response to recent legislation and to add a section on parts of larger units to reflect existing statutory language. Language related to exclusions from rent in section .05 is revised and first time claimants with rent above $9,000 annually must provide proof of rent in response to recent legislation requiring rulemaking. A copy of the proposed Rule can be found on the MRS website at 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. 907
WEBSITE: http://www.maine.gov/revenue/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 05-071 - Department of Education (DOE) and State Board of Education
RULE TITLE OR SUBJECT: Ch. 114, Purpose, Standards and Procedures for the Review and Approval of Preparation Programs for Education Personnel.
PROPOSED RULE NUMBER: 2012-P117
CONCISE SUMMARY: This chapter contains the Educational Personnel Policy statement and the State Board of Education adopted procedures and standards for the review and approval of higher education programs that prepare professional educators. The Department of Education and the State Board of Education propose to amend the rules governing preparation of teachers and school leaders by replacing, adopting and infusing educator preparation program approval standards as regards both pre-service and in-service teachers, school building leaders, district level leaders and nontraditional path candidates leading to educator certification in Maine; to adopt national educational technology standards to be met by all initial teacher and school leader candidates prior to seeking educator certification; to infuse standards applicable to course delivery, whether such courses are offered in a face-to-face, a hybrid/blended, an online, or a dual method mode, as quality assurance measures to be employed by all of Maine’s educator preparation programs; and to refine definitions and revise certain procedures in the program approval process for higher education units that prepare professional educators. Ch. 114 last underwent a comprehensive review in 2006; since that time a number of refinements, updates and revisions have become necessary. The proposed amendments to rule represent implementation of a performance-based system of initial and on-going certification for classroom teachers, school building leaders, and school district leaders.
PUBLIC HEARING: Friday, July 6, 2012, 9:00 a.m. - 11:00 p.m., Cross State Office Building. Room 103 (A&B), Augusta, ME
DEADLINE FOR COMMENTS: Written comments may be submitted to Department of Education - Attention: Harry Osgood - by 5:00 p.m., Monday, July 23, 2012
AGENCY CONTACT PERSON: Harry Osgood, Department of Education, 23 State House Station A, Augusta, ME 04333-0023. Telephone: (207) 624-6846. E-mail: Harry.Osgood@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §8; 20-A MRSA §§ 02(4), 405(3)(F), §406
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 301, OFI Food Supplement Certification Manual, Rule #175P: Resource Limit Increase, GLA Language Adjustment — Alpha Index, pages 2 and 4, Table of Contents page 2, FS-111-1 page 1, FS-333-1 pages 1 and 2
PROPOSED RULE NUMBER: 2012-P118
CONCISE SUMMARY:
1. Makes changes in the rule to remove the word "developmentally" from references to the disabled for group living arrangements (GLAs).
2. This rule implements a federal change in the asset limit for households with elderly or disabled members, from $3,000 to $3,250.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42(8) and 3104; 7 C.F.R. 271.2; 7 C.F.R. 273.8
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: July 15, 2012
AGENCY CONTACT PERSON: Karen Curtis, Food Supplement 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) 287-7118. TTY: (800) 606-0215. E-mail: Karen.L.Curtis@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 114, Classification of Air Quality Control Regions (Amendments)
PROPOSED RULE NUMBER: 2012-P119
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeff Crawford, Maine Dept. of Environmental Protection, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. Fax: (207) 287-7641. E-mail: Jeff.S.Crawford@Maine.gov .
PUBLIC HEARING: No public hearing scheduled; 30-day written comment period with an opportunity for a hearing.
COMMENT DEADLINE: July 13, 2012, 5:00 p.m.
BRIEF SUMMARY: The proposed amendments update Ch. 114 to reflect Maine’s attainment status for the 8-hour ozone NAAQS and clarify that only the Moosehorn Wilderness Area located in Moosehorn National Wildlife Refuge is a Class I area (the entire refuge is not a Class I area). In addition, the proposal clarifies that when redesignating an area, the requirement to hold a public hearing in the area being redesignated applies only for prevention of significant deterioration purposes (aligning the hearing requirement with statute at 38 MRSA 585-B. These amendments will be submitted to EPA for incorporation in the Maine State Implementation Plan. Copies of this proposal are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/ .
Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any. Although the Department has not scheduled a public hearing on this proposal, a public hearing will be scheduled if any requests are received prior to the close of the public comment period.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


ADOPTIONS


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Clean Election Act and Related Provisions
ADOPTED RULE NUMBER: 2012-166 (Final adoption, major substantive)
CONCISE SUMMARY: The rule amendments would simplify the written statement required in the Commission’s forms for volunteers who collect qualifying contributions for candidates; delete references to payments of matching funds to Maine Clean Election Act candidates; and require that records of vehicle travel be kept on or near the time of travel if a campaign is using Maine Clean Election Act funds to reimburse a candidate or volunteer for their vehicle travel; and increase the amount which a campaign must recover when selling personal property or equipment to a candidate after the election.
EFFECTIVE DATE: July 11, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333-0135. Telephone: (207) 287-3024. E-mail: Jonathan.Wayne@Maine.gov .
WEBSITE: http://www.maine.gov/ethics/ .