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

August 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: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 317, Nutrient Management Loan Program, Amendment 1
PROPOSED RULE NUMBER: 2012-P195
BRIEF SUMMARY: The rule amendment makes changes to increase the scope of eligible projects and increase available per project loan limit.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: September 28, 2012
CONTACT PERSON FOR THIS FILING / RULE-MAKING LIAISON / SMALL BUSINESS INFORMATION: Christopher H. Roney, Finance Authority of Maine, Finance Authority of Maine, 5 Community Drive, P.O. Box 949, Augusta, ME 04332-0949. Telephone: (207) 623-3263 or 1 (800) 228-3734. Fax: (207) 623-0095. TTY: (207) 626-2717. E-mail: croney@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 10 M.SA §969-A(14)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.famemaine.com/ .



AGENCY: 65-407 - Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 110, Rules of Practice and Procedure
PROPOSED RULE NUMBER: 2012-P196
BRIEF SUMMARY: The purpose of this rulemaking is to update the Commissions Rules of Practice and Procedure (Ch. 110) to bring it in compliance with statutory requirements as well as to reflect current Commission practice.
PUBLIC HEARING: September 17, 2012, 1:00 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine.
COMMENT DEADLINE: September 27, 2012 – However, the Commission requests that comments be filed by September 13, 2012, to all for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number 2012-00411 and be filed electronically at http://www.maine.gov/mpuc/online/index.shtml.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Joanne Steneck, 18 State House Station (101 Second Street, Hallowell, ME 04347), Augusta, ME 04333-0018. Telephone: (207) 287-1390. E-mail: Joanne.Steneck@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA §§ 8001-9063 and 35-A MRSA §§ 108-A, 111, 112, 1302, 1304, 1305, 1311, 1312, 1313, 1318
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
MPUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 25, Lobster and Crab: 25.97(E), Management Framework for Island Limited Entry Program
PROPOSED RULE NUMBER: 2012-P197
CONCISE SUMMARY: The proposed rule would establish an island limited-entry program for Monhegan Island in accordance with 12 M.R.S. §6449 in order to maintain a number of licenses appropriate for the needs of their island community and the local lobster resource. Monhegan Island held an island limited-entry referendum on the island and obtained the approval of at least two-thirds of those voting in the referendum to propose an island limited-entry program. This proposed rule would set the number of island resident lobster licenses for Monhegan Island at 17.
PUBLIC HEARINGS: None scheduled
DEADLINE FOR COMMENTS: September 28, 2012. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT: Sarah Cotnoir (tel: 207-624-6596). Mail Written Comments to: Attn: K. Rousseau (Rule-making Liaison), Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024 TTY: (877) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov .
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6449
WEBSITE: http://www.maine.gov/dmr/rulemaking/


ADOPTIONS


AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 13, Qualifying Examinations of Teachers, Educational Specialists and Administrators
ADOPTED RULE NUMBER: 2012-236
CONCISE SUMMARY: The proposed changes to Ch. 13 stem from the regular regeneration (revision) process employed by the Educational Testing Service (ETS). Each Praxis exam undergoes regeneration every five years. ETS conducts a multi-state standard setting study designed to assemble two separate groups of current practitioners who work for two to three days to review the validity and reliability of the test being regenerated. The end result is a recommended cut off score that is deemed appropriate for the just qualified candidate (JQC). Several of the tests required by the Maine Department of Education were recently regenerated, so our current Chapter 13 must be updated to reflect these changes.
Proposed changes in Ch. 13 include new test codes, new test titles, recommended cut off scores, and language to allow old tests no longer being administered to be used for up to five years after which time only the new tests will be accepted.
EFFECTIVE DATE: August 27, 2012
AGENCY CONTACT PERSON: Mark A. Cyr, Department of Education, Certification Office, 23 State House Station, Augusta, ME04333-0023. Telephone: (207) 624-6855. E-mail: Mark.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .



AGENCY: 29-250 – Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 103, Rules for Vehicle Dealers, Auctions, Transporters, Recyclers, Mobile Crushers, and Loaners
ADOPTED RULE NUMBER: 2012-237
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Garry Hinkley, Director of Vehicle Services, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
BRIEF SUMMARY: To conform to P.L. 2011 ch. 556, the Bureau of Motor Vehicles proposes to amend rule Ch. 103 to remove the requirement that car dealers be able to repair two cars simultaneously. The proposed change also would permit car auctions to issue transit plates to car dealers for the purpose of allowing a dealer to remove a car from the auction to the dealer’s location. The rule change also proposes to provide more flexibility relative to the filing of notices of sale.
EFFECTIVE DATE: August 29, 2012
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRSA Ch. 9
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Robert.O’Connell@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 4, Ambulatory Surgical Center Services (Repeal)
ADOPTED RULE NUMBER: 2012-238
CONCISE SUMMARY: The Department of Health and Human Services (DHHS) is adopting this rule to repeal Ch. 101, MaineCare Benefits Manual, Ch. II Section 4, Ambulatory Surgical Center Services, in accordance with Public Law 2011, c. 657, Part A, the Maine State Supplemental Budget.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: August 30, 2012
AGENCY CONTACT PERSON: Kayla Crouch, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-4460. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Kayla.Crouch@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 150, STD Screening Clinic Services (repeal)
ADOPTED RULE NUMBER: 2012-239
CONCISE SUMMARY: The Department of Health and Human Services (DHHS) is adopting the repeal of Ch. 101, MaineCare Benefits Manual, Ch. II and III Section 150, STD Screening Clinic Services, in accordance with Public Law 2011, c. 657, Part A, the Maine State Supplemental Budget. The repeal of this rule will not impose any implementation or compliance costs upon municipalities or counties or have any adverse impact on small businesses.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: August 30, 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 .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch 114, Classification of Air Quality Control Regions
ADOPTED RULE NUMBER: 2012-240
CONCISE SUMMARY: The Department has adopted amendments to its Ch. 114 Classification of Air Quality Control Regions rule, 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 amendments clarify 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, thereby 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.
EFFECTIVE DATE: August 29, 2012
AGENCY CONTACT PERSON: Jeff Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, Me 04330-0017. Twlwphone: (207) 287-7647. Fax: (207) 287-7641. E-mail: Jeff.S.Crawford@Maine.gov .
WEBSITE: http://www.maine.gov/dep/air/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation (OPOR)
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2012-241
CONCISE SUMMARY: The Office of Professional and Occupational Regulation: (1) reduced or eliminated many fees applicable to licensees of the Barbering and Cosmetology Program; (2) created a new license fee for off-site (satellite) classrooms that are part of a barbering or cosmetology school; and (3) prorated license fees for occupational therapists and occupational therapy assistants to correspond to a reduced licensure period (from two years to one year) being considered by the Board of Occupational Therapy Practice.
EFFECTIVE DATE: August 29, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Jeffrey Frankel, Staff Attorney, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8615 . E-mail: Jeffrey.M.Frankel@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/index.shtml .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Service - MRS)
CHAPTER NUMBER AND TITLE: Ch. 803, Withholding Tax Reports and Payments
ADOPTED RULE NUMBER: 2012-242
CONCISE SUMMARY: MRS has adopted amended Rule 803 (“Withholding Tax Reports and Payments”). The following changes were made to the Rule. Section .01, subsection E was revised to be more precise. Section .04(C)(1) was amended to reference recently passed legislation related to minimum taxability thresholds. Section .06 was revised to create a new paragraph (1) and to reflect changes to pass-through entity filing and withholding, to cite new tax rates, and to create new automatic exemptions to filing in subsection C(1). An application date was added to the Rule. Revisions were also made to make language more precise and to correct format, including renumbering, correcting references and titles. A copy of the adopted Rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
EFFECTIVE DATE: August 29, 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/ .
REVENUE SERVICES RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 607, OFI Maine ASPIRE / TANF Program Rules, Rule #17A
ADOPTED RULE NUMBER: 2012-243
CONCISE SUMMARY:
A. This Rule revises the rules for mandatory ASPIRE participants who fail without good cause to comply with ASPIRE-TANF program rules, setting sanctions for those who fail to sign or comply with a Family Contract.
B. This Rule sets a 60 month lifetime limit for the receipt of TANF benefits, and lists qualifications for exemptions and extensions.
C. This Rule removes some obsolete passages and language.
Implementation and compliance with this rule will not impose any cost on the municipalities or counties and there will be no adverse impact on small businesses.
EFFECTIVE DATE: August 31, 2012
AGENCY CONTACT PERSON: Liz Ray, Program Manager, ASPIRE/TANF, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4107. TTY: (800) 606-0215. E-mail: Liz.Ray@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .