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Home > Weekly Rule-making Notices > August 22, 2012

August 22, 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: 94-434 - Maine Educational Loan Authority (MELA)
CHAPTER NUMBER AND TITLE: Ch. 3, Rules for the Award of Contracts for Services
PROPOSED RULE NUMBER: 2012-P192
BRIEF SUMMARY: This proposed rule-making amends the Rules for the Award of Contracts for Services to include guidance on sole source or emergency procurement and to include policies and procedures to be used in the selection of vendors designed to ensure that the Authority secures the best value in its procurements in compliance with 5 MRSA c.379, sub-c.3, §12022-3.
PUBLIC HEARING: No public hearing is scheduled. A public hearing would be held at the request of 5 or more people.
COMMENT DEADLINE: Friday, September 28, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Shirley M. Erickson, Executive Director, Maine Educational Loan Authority, 131 Presumpscot Street, Portland, ME 04103. Telephone: (207) 400-3011. Fax: (207) 791-3616. E-mail: serickson@mela.net .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA §11417(1)(N), §11417(4) and §11417(7)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 5 MRSA c.379, sub-c.3, §12022-3
WEBSITE: www.mela.net .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI), Division of Support Enforcement and Recovery
RULE TITLE OR SUBJECT: Ch. 351, Maine Child Support Enforcement Manual, Ch. 4: Fees (page 22)
PROPOSED RULE NUMBER: 2012-P193
CONCISE SUMMARY: The rule imposes a $2.00 per pay period fee on the child support obligor for each wage withholding. The rule also imposes an annual $25.00 fee on the custodial parent, who has never received public assistance, and is receiving child support services, if the Department collects at least $500.00 in the federal fiscal year.
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: September 21, 2012
AGENCY CONTACT PERSON: Jerry Joy, Director, Division of Support Enforcement and Recovery, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-6985. TTY: (800) 606-0215. E-mail: Jerry.Joy@Maine.gov .
THIS RULE WILL 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(1), 19-A MRSA §2653
WEBSITE: http://www.maine.gov/dhhs/ofi/dser/index.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 104, Electronic Filing of Maine Tax Returns
PROPOSED RULE NUMBER: 2012-P194
BRIEF SUMMARY: MRS is proposing to amend a Rule 104 (“Electronic Filing of Tax Returns”). The following changes are being made to the proposed Rule. Section .01 is revised to include new definitions of “software developer” and “threshold amount.” Section .08 has specifications for software developers to require 2-D bar codes to returns. A new section .02 is added describing current statutory filing requirements and an exception for individual income tax filers, and adding a new exception to filing requirements for tax years beginning on or after January 1, 2013. An application date is added to the Rule. Revisions are also made to make language more precise and to correct format, including renumbering, correcting references and the title to reflect that the rule no longer covers only electronic filing. A copy of the proposed Rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
PUBLIC HEARING: None scheduled at this time
COMMENT DEADLINE: September 24, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Nanette Ardry, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333, (207) 624-9725. E-mail: Nanette.M.Ardry@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 36 MRSA §§ 193, 5220(7)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 36 MRSA Part 8, Internal Revenue Code
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov


ADOPTIONS


AGENCY: 99-420 - Maine Turnpike Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Governing the Use of the Maine Turnpike (Amendment)
ADOPTED RULE NUMBER: 2012-226
CONCISE SUMMARY: These changes: (a) amend the MTA's rule on permits for over-length or width vehicle travel on the Maine Turnpike to make the rule consistent with MaineDOT standards, (b) amend provisions regarding classifications of vehicles which are prohibited from travel on the Turnpike, (c) enact provisions designed to protect personal information of MTA contractor employees and (d) make several "housekeeping" changes to the existing MTA rule, including the correction of interchange numbers referenced in the rule.
EFFECTIVE DATE: August 15, 2012
AGENCY CONTACT PERSON / LIAISON: Jonathan Arey, Maine Turnpike Authority, 2360 Congress Street, Portland, Maine 04102. Telephone: (207) 482-8136. E-mail: Jon.Arey@Maine.gov .
WEBSITE: http://www.maineturnpike.com/Home.aspx .



AGENCY: 90-351 - Workers’ Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 1, Payment of Benefits, §10: Cancer Presumption for Firefighters
ADOPTED RULE NUMBER: 2012-227
CONCISE SUMMARY: The proposed rule defines the phrase “a standard, medically acceptable test for evidence of the cancer for which the presumption is sought or evidence of the medical conditions derived from the disease[,]” contained in to 39-A M.R.S. §328-B(3).
EFFECTIVE DATE: August 15, 2012
AGENCY CONTACT PERSON / LIAISON: John C. Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station, Augusta, Maine 04333-0027. Telephone: (207) 287-7086. E-mail: John.Rohde@Maine.gov .
WEBSITE: http://www.maine.gov/wcb/ .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (MRS – Maine Revenue Services)
CHAPTER NUMBER AND TITLE: Ch. 805, Composite Filing
ADOPTED RULE NUMBER: 2012-228
CONCISE SUMMARY: MRS has adopted amended 805 (“Composite Filing”). The following changes were made to the Rule. The definition of “Eligible person” was reworded to be more precise. Section 3 and Section 5 were 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 was amended to strike the mention of a schedule that is no longer available. A copy of the adopted Rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
EFFECTIVE DATE: August 19, 2012
AGENCY CONTACT PERSON: Nanette Ardry, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9725. E-mail: Nanette.M.Ardry@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (MRS – Maine Revenue Services)
CHAPTER NUMBER AND TITLE: Ch. 901, Maine Residents Property Tax Program
ADOPTED RULE NUMBER: 2012-229
CONCISE SUMMARY: MRS amended Rule 901 (“Maine Residents Property Tax Program”). The following changes were made to the revised Rule. Sections .01(A) and .02(A) were 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” was added to section .02(A). Section .04 was 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 was 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 adopted Rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
EFFECTIVE DATE: August 19, 2012
AGENCY CONTACT PERSON: Nanette Ardry, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9725. E-mail: Nanette.M.Ardry@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI), Division of Support Enforcement and Recovery
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual, Ch. 4: Fees (page 22)
ADOPTED RULE NUMBER: 2012-230 (Emergency)
CONCISE SUMMARY: The rule imposes a $2.00 per pay period fee on the obligor for wage withholding and an annual $25.00 fee on the custodial parent if the Department collects at least $500.00 in the federal fiscal year.
EFFECTIVE DATE: August 14, 2012
AGENCY CONTACT PERSON: Jerry Joy, Director, Division of Support Enforcement and Recovery, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-6985. TTY: (800) 606-0215. E-mail: Jerry.Joy@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/dser/index.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 02-030 - Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection
CHAPTER NUMBER AND TITLE: Ch. 700 (New), Conversion of Maine’s Supervised Lender and Loan Broker Licensing to the Nationwide Mortgage Licensing System (NMLS)
ADOPTED RULE NUMBER: 2012-231
CONCISE SUMMARY: This chapter makes the modifications necessary to transition the supervised lender and loan broker licensing process currently utilized by the Maine Bureau of Consumer Credit Protection to a multi-state system administered by the Nationwide Mortgage Licensing System.
EFFECTIVE DATE: August 22, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Kristine Fournier, Principal Analyst, Bureau of Consumer Credit Protection, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8568. E-mail: Kristine.M.Fournier@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/consumercredit/index.shtml .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey Hunting
ADOPTED RULE NUMBER: 2012-232
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule to amend the fall wild turkey hunting season by adding Wildlife Management District 18 to Zone 1 (from the Saturday preceding the Monday observance of Columbus Day in October to the second Saturday following the Monday observance of Columbus Day). Only bow and arrow may be used to hunt wild turkey during the fall wild turkey hunting season in Zones 1 and 2.
EFFECTIVE DATE: August 25, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State St, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .



AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE:
Ch. 302, Consumer Education Program; Electric Industry Restructuring (Repeal)
Ch. 303, Employee Transition Benefits (Repeal)
ADOPTED RULE NUMBER: 2012-233, 234
CONCISE SUMMARY: The Public Utilities Commission repeals Ch. 302 and 303 of the PUC rules because both chapters were time-limited and are no longer relevant.
EFFECTIVE DATE: August 26, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: 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/ .