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Home > Weekly Rule-making Notices > November 21, 2012

November 21, 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: 04-061 - Department of Agriculture, Conservation & Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 12, Land Use District Requirements for Metallic Mineral Mining and Level C Mineral Exploration Activities
PROPOSED RULE NUMBER: 2012-P270
BRIEF SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed changes to Ch. 12, Land Use District Requirements for Metallic Mineral Mining and Level C Mineral Exploration Activities. In order to reflect changes outlined in recent legislation, PL 2011, Ch. 653 (enacting LD 1853), the Commission must update its rules regarding rezoning for metallic mineral mining and level C mineral exploration activities.
DETAILED BASIS STATEMENT / SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed changes to Ch. 12, Land Use District Requirements for Metallic Mineral Mining and Level C Mineral Exploration Activities. In order to reflect changes outlined in recent legislation, PL 2011, Ch. 653 (enacting LD 1853), the Commission must update its rules regulating metallic mineral mining and level C mineral exploration activities. The Commission will no longer be responsible for issuing permits for metallic mineral mining and level C mineral exploration activities. This function will be transferred to the Department of Environmental Protection. Consequently, the Commission must make modifications to Ch. 12 of its rules (Land Use District Requirements for Metallic Mineral Mining and Level C Mineral Exploration Activities) to eliminate information relevant to the permitting process but not necessarily to the rezoning process.
PUBLIC HEARING: 6:00 p.m. December 11, 2012, in Presque Isle (University of Maine at Presque Isle, Campus Center Building, Allagash Room) and 2:00 p.m. December 14, 2012 in Farmington (University of Maine at Farmington, Olsen Student Center Building, North Dining Hall Section B and C)
COMMENT DEADLINE: Written comments December 28, 2012; rebuttal comments January 7, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Samantha Horn Olsen, LUPC, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-4932. E-mail: Samantha.Horn-Olsen@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §685-A,3 and §685-C,5,A; and PL 2011, Ch. 653, LD 1853
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/doc/lupc/ .
DEPARTMENTAL RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 94-649 - Maine Commission on Indigent Legal Services (MCILS)
CHAPTER NUMBER AND TITLE: Ch. 301, Fee Schedule and Administrative Procedures for Payment of Commission Assigned Counsel
PROPOSED RULE NUMBER: 2012-P271
BRIEF SUMMARY: This rule amends the MCILS fee schedule and administrative procedures for payment of Commission assigned counsel to raise the hourly rate paid to attorneys providing indigent legal services.
DETAILED BASIS STATEMENT / SUMMARY: The current MCILS fee schedule sets the hourly rate paid to attorneys providing indigent legal services at $50.00/hr. This amendment raises the hourly rate paid to attorneys to $70.00/hr. beginning on July 1, 2013 and to $75.00/hr. beginning on July 1, 2014. The amendment also changes the maximum fee allowed for various case types to reflect the increase in the hourly rate.
PUBLIC HEARING: December 11, 2012, 1:00 p.m., DOC Conference Room, 32 Blossom Lane, Marquardt Building - 3rd Floor, North Wing, Augusta, ME 04333.
COMMENT DEADLINE: December 21, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MCILS RULE-MAKING LIAISON: John D. Pelletier, Executive Director, 154 State House Station, Augusta, ME 04333-0154. Telephone: (207) 287-3253. Fax: (207) 287-3293. E-mail: John.Pelletier@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 4 MRSA §§ 1804(2)(F), (3)(B), (3)(F) and (4)(D)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mcils/ .



AGENCY: 10-148 - Department of Health and Human Services (DHHS), Office of Child and Family Services
RULE TITLE OR SUBJECT: Ch. 201, Rules Defining “Unsubstantiated”, “Indicated”, and “Substantiated” and Specifying an Individual’s Rights to Appeal those Department Findings
PROPOSED RULE NUMBER: 2012-P272
CONCISE SUMMARY: To repeal and replace the previous rules for the Defining Unsubstantiated, Indicated and Substantiated and Specifying and Individual’s rights to Appeal those Department Findings. The purpose is to set forth an appeals process that allows and individual to challenge the Department’s findings of substantiation of abuse or neglect, and also to recognize the importance of establishing finality for findings that are warranted.
PUBLIC HEARING: None unless requested by five (5) or more parties
DEADLINE FOR COMMENTS: Comments must be received by midnight Friday, December 21, 2012
AGENCY CONTACT PERSON: Angie Bellefleur, Associate Director of Policy and Prevention, Office of Child and Family Services, 2 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-7973. Fax: (207) 287-6156. TTY: Maine Relay 711. E-mail: Angie.M.Bellefleur@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
WEBSITE: http://www.maine.gov/dhhs/ocfs/ .
STATUTORY AUTHORITY: 22 MRSA, Title 22 (4004(2)(c-1)
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, OFI Maine Public Assistance Manual, Rule #90A: Table of Contents; Introduction; Ch. II, Eligibility Requirements (Non-Financial) "Citizenship"; Ch. VII, Non-Citizens
ADOPTED RULE NUMBER: 2012-328
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 T ANF 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. This rule change will not have any adverse impact on small businesses or impose any additional costs on municipalities and counties.
EFFECTIVE DATE: December 1, 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. 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: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
CHAPTER NUMBER AND TITLE: Ch. 41, Program Statement for Administering the 2013 Maine Community Development Block Grant Program
ADOPTED RULE NUMBER: 2012-329
CONCISE SUMMARY: This rule allows DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
EFFECTIVE DATE: November 24, 2012
AGENCY CONTACT PERSON: Deborah Johnson, Director OCD, Department of Economic & Community Development, Office of Community Development, DECD/OCD, State House Station 59, 111 Sewall Street, Augusta, Maine 04333-0059. Telephone: (207) 624-9817. E-mail: Deborah.Johnson@Maine.gov .
WEBSITE: http://www.maine.gov/decd/meocd/ .
DECD RULE-MAKING LIAISON: Douglas.Ray@Maine.gov .