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Home > Weekly Rule-making Notices > September 26, 2012

September 26, 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: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 13.08, Watercraft (Motor Size Restrictions on Certain Inland Waters)
PROPOSED RULE NUMBER: 2012-P215
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following watercraft regulations: Chisholm Pond, Palermo, Waldo County – motorboats with internal combustion engines prohibited.
PUBLIC HEARING: October 17, 2012 at 6:30 p.m. - Palermo Consolidated School, 501 Route 3, Palermo
COMMENT DEADLINE: October 29, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: 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 .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §13051
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .



AGENCY: 14-193 - Department of Health and Human Services (DHHS), Office of Adult Mental Health
CHAPTER NUMBER AND TITLE: Ch. 2, ACT Team Standards for the Progressive Treatment Program
PROPOSED RULE NUMBER: 2012-P216
CONCISE SUMMARY: DHHS is proposing to repeal ACT Team Standards for the Progressive Treatment Program in order to comply with LD 897.
See http://www.maine.gov/dhhs/mh/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: October 18, 2012 from 9-11 a.m., Sebago Room at Riverview Psychiatric Center, 250 Arsenal Street, Augusta, Maine 04333-0011. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above at (207) 624-4656 before Friday, October 12, 2012.
DEADLINE FOR COMMENTS: Comments must be received by midnight October 28, 2012.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Mary Louise McEwen, Superintendent, Riverview Psychiatric Center, Office of Adult Mental Health, 250 Arsenal Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4656. Fax: (207) 287-6123. TTY: 777 (Maine Relay). E-mail: Marylouise.Mcewen@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY: Public Law 2011, Ch. 492, §2
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/samhs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 32, Eels: 32.30, Elver License Lottery
PROPOSED RULE NUMBER: 2012-P217
CONCISE SUMMARY: The proposed rule-making would establish the procedures and guidelines for an annual lottery system to be administered by the Department for both elver gear and fishing licenses. LD 1765 was passed in the second session of the 125th Legislature and included the authorization for such a lottery and required the Department to promulgate rulemaking on the matter. This regulation is designed to fulfill the legislative mandate of 12 M.R.S. §6505-A, sub-§2-B.
PUBLIC HEARING: October 15, 2012- 2 p.m. - Natural Resources Service Center Room 106, 6 Beech Street, Hallowell, Maine. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: October 25, 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 PERSON: Ms. Deirdre Gilbert (207-624-6576). Mail written comments to: Attn K. Rousseau, Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. E-mail: dmr.rulemaking@Maine.gov . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S §6505-A, sub-§2-B
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services, Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 331, OFI Maine Public Assistance Manual, Rule #90P: Table of Contents; Introduction; Ch. II, Eligibility Requirements (Non-Financial) - “Citizenship”; Ch. VII, Non-Citizens
PROPOSED RULE NUMBER: 2012-P218
CONCISE SUMMARY: Unless specifically exempted, lawfully-admitted aliens who enter the United States on or after August 22, 1996 are subject to a five-year waiting period before receiving TANF benefits. The five-year waiting period begins on the date the alien gains qualified status. This rule defines the state-funded cash assistance benefits program for legal non-citizens who are elderly or disabled as defined in the laws governing Supplemental Security Income (SSI) under 42 U.S.C. §§ 1381 to 1383f (2010), asylum seekers, victims of domestic violence, and those who are experiencing a hardship, such as lack of time necessary to obtain proper work documentation. The Rule continues coverage for any household that is receiving state-funded cash assistance as of December 1, 2012 or that has an application pending as of December 1, 2012 that is later approved.
PUBLIC HEARING: None unless requested by 5 or more people
DEADLINE FOR COMMENTS: October 26, 2012
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4109; (207) 624-4109. TTY: (800) 606-0215. E-mail: Dawn.Mulcahey@Maine.gov .
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(1), 3762(3)(A); 8 U.S.C. §1641; P.L. 2011, Ch. 380, Part KK, §KK-4
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 201, Provider of Last Resort Service Quality
PROPOSED RULE NUMBER: 2012-P219
BRIEF SUMMARY: The Public Utilities Commission initiates a proceeding pursuant to recently enacted legislation to adopt rules to establish Provider of Last Resort (POLR) service quality indicators and standards.
PUBLIC HEARING: October 17, 2012, at 9:00 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: October 29, 2012. However, the Commission requests that initial comments be filed by 3:00 p.m. on October 12, 2012, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after hearing. The Commission recently transitioned to a new electronic case file/case management and consumer complaint system. Comments should be submitted using the new system. Detailed instructions on how to use the system are available at http://www.maine.gov/mpuc/online/training.shtml . The Commission has staff available to answer questions by telephone at (207) 287-3831.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Paulina Collins, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1566. E-mail: Paulina.Collins@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 101, 111 and PL 2011, Ch. 623
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov


ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention, Division of Infectious Diseases
CHAPTER NUMBER AND TITLE: Ch. 251, Rules Governing Rabies Management
ADOPTED RULE NUMBER: 2012-272
CONCISE SUMMARY: This rule change updates the Rules Governing Rabies Management to align State procedures with national guidelines for the prevention and control of rabies in humans and among domestic animals.
These changes are adopted by the Department of Health and Human Services in collaboration with the Departments of Inland Fisheries and Wildlife and Agriculture, Food and Rural Resources. In general, the rule revisions include changes in terminology to better align state guidelines with national recommendations, but there are few major substantive changes. These rule changes will not impose any additional costs on small businesses or on counties or municipalities.
EFFECTIVE DATE: September 22, 2012
AGENCY CONTACT PERSON: Trish Bosse, Maine CDC, DHHS, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-4473. E-mail: Patricia.Bosse@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/infectious-disease/index.htm .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 214, Exemption of Telephone Utilities from Certain Filing and Approval Requirements (Repeal)
ADOPTED RULE NUMBER: 2012-273
CONCISE SUMMARY: The Maine Public Utilities Commission repeals Ch. 214 of the Commission’s Rules (65-407 C.M.R. ch. 214), which exempts certain telephone utilities, with respect to specific services, from the tariffing and approval requirements of 35A MRSA §§ 304, 307 and 310.
EFFECTIVE DATE: September 24, 2012
AGENCY CONTACT PERSON / PUC 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/ .



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2012-274
CONCISE SUMMARY: This rule-making permanently adopts changes already made on an emergency basis that implemented the use of the Ambulatory Payment Classification (APC) system-based reimbursement for almost alloutpatient services, including lab and radiology, for private, Non-Critical Access and rehabilitation hospitals, effective July 1. Maine is adopting Medicare methodology and will pay 93% of the Medicare rate. These hospitals will no longer receive any Prospective Interim Payments (PIP). Reflecting these changes, the general description of the types of hospitals in Maine and the related reimbursement methodologies has changed. Critical Access Hospitals are exempted from the requirements to count readmissions within 72 hours as part of the initial discharge. As noted in the rule, some of the changes are contingent on CMS approval, which the Department will seek through a request for a state plan amendment.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: September 28, 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: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 16, Low-Income Housing Tax Credit Rule (Repeal and replace)
ADOPTED RULE NUMBER: 2012-275
CONCISE SUMMARY: The Rule, as repealed and replaced, is the qualified allocation plan for allocating and administering federal low income housing tax credits in the State of Maine, including the 2013 State ceiling of low income housing tax credits.
EFFECTIVE DATE: September 25, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600. TTY: (800) 452-4603. E-mail: luhl@mainehousing.org .
WEBSITE: http://www.mainehousing.org/ .