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Home > Weekly Rule-making Notices > January 23, 2013

January 23, 2013

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: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 331, OFI Maine Public Assistance Manual, Rule #96P: Ch. I, Eligibility Process, Time Limits, pages 21-25a
PROPOSED RULE NUMBER: 2013-P002
CONCISE SUMMARY:
This Proposed Rule makes the following revisions to the current rule:
* Changes some language to ensure consistency in terminology throughout the rule when referring to the TANF family
* Amends the rule to define certain terms and clarify intent
* Creates a pre-termination conference for recipients to present evidence before their TANF benefits are terminated either after their 60-month period of eligibility has ended or their extension is withdrawn or ended.
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: February 22, 2013
CONTACT PERSON / SMALL BUSINESS INFORMATION: 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 .
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, 3762(3)(A)
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (MRS)
CHAPTER NUMBER AND TITLE: Ch. 812, Credit for Educational Opportunity
PROPOSED RULE NUMBER: 2013-P003
BRIEF SUMMARY: MRS is proposing to adopt new Rule 812 (“Credit for Educational Opportunity”). The new Rule that is being proposed describes the statutory authority for the Maine income tax credit known as the Credit for Educational Opportunity. Particularly, the Rule discusses the refundable portion of the credit that is related to a participant that obtained an associate or bachelor’s degree in science, technology engineering or mathematics. The Rule provides information on what types of degrees qualify as science, technology engineering or mathematics degrees and on the related degree program list issued by the federal government. A copy of the proposed Rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
PUBLIC HEARING: February 13, 2013 - 1:00-3:00 p.m. at Florian Hall conference room, Department of Public Safety, 45 Commerce Drive, Augusta, ME
COMMENT DEADLINE: February 25, 2013
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 .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 36 MRSA §§ 112, 5217-D
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 45.01(E) and 45.05(1)(A), Shrimp Season, 2013.
PROPOSED RULE NUMBER: 2013-P004
CONCISE SUMMARY: The proposed regulations would adopt, through the regular rule-making process changes that became effective with the adoption on January 15, 2013 of the emergency rules establishing the 2013 shrimp season. This rule provides for consistency with the Atlantic States Marine Fisheries Commission (ASMFC) Interstate Fisheries Management Plan for Northern Shrimp, based on the ASMFC’s Northern Shrimp Section’s implementation of the 2013 fishing season as selected at its meeting on December 3, 2012 in Portland, Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171
PUBLIC HEARING: None scheduled; one may be requested
DEADLINE FOR COMMENTS: February 25, 2013. 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: Chris Vonderweidt: (207) 624-6558
Mail Written Comments to: Department of Marine Resources, Attn K. Rousseau, 21 State House Station Augusta, Maine 04333. Website: http://www.maine.gov/dmr/rulemaking/ . Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing)
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


ADOPTIONS


AGENCY: 01-015 - Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #02-13
ADOPTED RULE NUMBER: 2013-005 (Emergency)
CONCISE SUMMARY: Minimum February 2013 Class I price is $21.46/cwt. plus $1.53/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $25.19/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm .
EFFECTIVE DATE: February 3, 2013
AGENCY CONTACT PERSON / MLC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 3, Public Interaction and Conflicts with Wildlife (3.00, Feeding of Deer)
ADOPTED RULE NUMBER: 2013-006
CONCISE SUMMARY: In accordance with Title 12 MRSA §10105 sub-§14, the Commissioner of Inland Fisheries and Wildlife has adopted rules to regulate the feeding of deer in order to minimize potential public safety hazards or detrimental effects on deer, as well as minimize the risk of Chronic Wasting Disease as defined in Title 7, §1821, sub-§1. A copy of this rule is available from the Agency Contact Person.
EFFECTIVE DATE: January 16, 2013
AGENCY CONTACT PERSON / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .



AGENCY: 94-293 – Baxter State Park
CHAPTER NUMBER AND TITLE: Ch. 1, Baxter State Park Rules and Regulations: Rule 2.1, Hiking and Day Use
ADOPTED RULE NUMBER: 2013-007
CONCISE SUMMARY: The maximum size of a hiking group shall be 12 persons. Affiliated or associated hikers on the same trail separated by less than one mile shall be considered one group.
DETAILED BASIS STATEMENT / SUMMARY: The current rule is non-specific, difficult to enforce and requires administration, record keeping and record transfer. The current rule has not protected Park resources. The new rule is specific and enforceable by Park staff in situ and requires no administration or record transfer. It will more effectively protect Park resources.
EFFECTIVE DATE: January 19, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Ada Angotti, Baxter State Park, 64 Balsam Drive, Millinocket, ME 04462. Telephone: (207) 723-9500. E-mail: Ada.Angotti@Maine.gov .
WEBSITE: http://www.baxterstateparkauthority.com/index.htm .



AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11.10(1)(F)&(G), Atlantic Sea Scallops Daily Possession Limit (Emergency regulations)
ADOPTED RULE NUMBER: 2013-008 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking for the implementation of a reduction of the daily scallop possession limit from 20 gallons to 15 gallons in order to protect Maine’s scallop resource due to the risk of unusual damage and imminent depletion. Scallop populations throughout the state are at extremely low levels. The Department is concerned that unrestricted harvesting during the remainder of the 2012/2013 fishing season in may deplete a severely diminished resource beyond its ability to recover. Based on Sea Sampling, Port Sampling and Marine Patrol observations as well as direct industry reports, a number of the Limited Access Areas are approaching their 30-40% threshold. In order to postpone the closure of additional Limited Access Areas this season and to mitigate exacerbating the depleting effects of a mobile fleet, the Department is lowering the daily landings limit in coastal Maine (Zone 1 & 2) from 20 to 15 gallons. The Department will utilize the reduced daily landings limit in lieu of enacting additional conservation closures at this time. This will help to prevent a concentrated, derby-style fishery that could put further pressure on the remaining Limited Access Areas, thus causing a cascade effect of additional closures. By lowering the daily landings limit and decreasing the overall effort exerted on the resource, access to the remaining Limited Access Areas will continue further into the season, providing economic opportunity over a longer period of time, ensuring that fishing businesses can rely on a continued income into the winter months when other economic opportunities are at a minimum. The reduced daily landings limit is needed to ensure that there is enough biomass left at the end of the season to provide the critical mass of scallops for successful recruitment and spawning, thus ensuring that rebuilding continues, while allowing a limited fishery to occur. For these reasons, the Commissioner hereby adopts an emergency closure of Maine’s scallop fishery as authorized by 12 MRSA §6171(3).
A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: Wednesday, January 16, 2013
AGENCY CONTACT PERSON: Trish De Graaf (207-624-6554)
AGENCY NAME: Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: Trisha.DeGraaf@Maine.gov .
WEBSITE: http://www.maine.gov/dmr/rulemaking/
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 45.01(E) and 45.05(1)(A), Shrimp Season, 2013
(Emergency regulations)
ADOPTED RULE NUMBER: 2013-009 (Emergency)
CONCISE SUMMARY: These emergency regulations establish the 2013 Northern Shrimp season in compliance with the Atlantic States Marine Fisheries Commission’s (ASMFC) Interstate Fisheries Management Plan for Northern Shrimp, and voted upon by the ASMFC Northern Shrimp Section (Section) at a meeting December 3, 2012 in Portland, Maine. These regulations are based upon the best available stock assessment information as presented by the ASMFC Northern Shrimp Technical Committee, additional information presented by the Northern Shrimp Advisory Panel (comprised of trawlers, trappers, and processors), industry, and other members of the public.
This rule establishes separate season start dates for mobile (trawlers) and fixed (trap) gear for the harvest of Northern Shrimp. Trawlers may start January 22, 2013 and may land once per calendar day on Mondays and Wednesdays only with no daily trip limit. Trappers may set their traps on February 3, 2013 and land shrimp beginning February 5, 2013. Trappers may land on Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday only, and shall have an 800 lb. landing limit per vessel per day. The Section has set a catch limit for trawlers of 539.02 mt (~1.186 million lbs.) and for trappers of 80.54 mt (~177,188 lbs) for the 2013 season and the fishery for a gear type (trap or trawl) will close at any time when the Section has determined that 85% of the catch level for the gear type has been reached. Additionally, the DMR has reserved the option to make in-season adjustments to the effort control measures (days out, trip limits, time limits, trap limits, etc.). In an effort to conserve and extend the fishery, the DMR will require an individual to fish for shrimp with either the trawl or trap gear exclusively along with restricting daily trawl fishing times. A definition of “landing” has also been added to Chapter 45.01 to better clarify the requirements of this rule.
This emergency rulemaking is necessary for the timely implementation of opening and closure periods in order to conserve the shrimp fishery from unusual damage or imminent depletion that would be caused by increased fishing effort. As authorized by 12 M.R.S. §6171(3), the Commissioner of Marine Resources adopts this emergency regulation.
A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: Wednesday, January 16, 2013
AGENCY CONTACT PERSON: Chris Vonderweidt (207) 624-6558, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov .
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, OFI MaineCare Eligibility Manual, Rule #261A:
Part 3, Categorically Needy Families with Children-Related Coverage;
Part 4, Family-Related Budgeting;
Part 8, Medicare Buy-In (Medicare Savings Program [MSP])
ADOPTED RULE NUMBER: 2013-010
CONCISE SUMMARY: These rules are being adopted, in part, to comply with P.L. 2011, Ch. 477, pt. Z, § Z-1, codified at 22 M.R.S. § 3174-G(1)(E), and with P.L. 2011, Ch. 657, pt. HH, § HH-2, Which required the Department to reduce or eliminate certain eligibility for MaineCare, and also required the Department to get federal government approval of the Maine state Medicaid plan for those eligibility reductions and eliminations.
On January 7, 2013 the Centers for Medicare and Medicaid Services (CMS) approved some, but not all, of the eligibility reductions and eliminations requested by Maine. CMS approved: (1) eliminating the optional group of parents and caretakers from 200% FPL to 150% FPL; (2) reducing the income eligibility standard for Section 1931 group from 150% FPL to 133% FPL; and (3) reduce eligibility for certain individuals who are eligible for Medicaid based on their eligibility for Medicare; Qualified Medicare Beneficiaries’ eligibility will be reduced from 150% FPL to 140% FPL, Specified Low-Income Medicare Beneficiaries’ eligibility will be reduced from 170% FPL to 160% FPL, and Qualifying Individuals’ eligibility will be reduced from 185% FPL to 175% FPL. CMS approved these eligibility reductions and eliminations with an effective date of March 1, 2013, and they will not be implemented prior to that date. The Department will comply with all state and federal prior notice requirements to members.
Please note that the August 15, 2012 proposed rulemaking proposed additional reductions to MaineCare eligibility which are not being adopted by the Commissioner in this rulemaking, since those reductions have not been approved by CMS.
This adopted rule also includes several changes that are not required by P. L. 477 or 657, but deemed necessary for clarification of the current rule.
This rule change will not have any adverse economic impact on small businesses or impose any additional cost upon municipalities or counties.
The following changes have been adopted:
PART 3, Categorically Needy Families with Children-Related Coverage
- Effective March 1, 2013, Section 2, deleting as a covered group the specified relatives who meet all the criteria of the Section 1931 coverage group except for income and whose dependent children may not be enrolled in Medicaid or Cub Care;
- Section 2, revising Transitional Medicaid language to comport with federal Medicaid law, 42 USC 1396r-6(a)(1)(A);
- Section 3, clarifying language so it is clear that a spouse has financial responsibility for his or her spouse, so long as they are living together;
- Effective March 1, 2013, Section 4.2, deleting eligibility for Transitional Medicaid for individuals whose eligibility did not come from Social Security Act Section 1931;
- Section 4.2, revising Transitional Medicaid language to comport with federal Medicaid law, 42 USC 1396r-6(a)(1)(A);
- Section 4.2.2, adding a sentence regarding the scope of services;
- Section 4.2.2 clarifying that the custodial parent is not required to cooperate in obtaining medical support and payments from the non-custodial parent;
- Section 4.2.2.2(I), adding termination by the employer as a reason for good cause for lack of employment;
- Effective March 1, 2013, Section 4.2.2.2(I), deleting the Note that parents or caretaker relatives with income between 150% and 200% FPL are eligible for coverage under the expanded coverage group for caretaker relatives;
- Section 4.2.2.2(VI), clarifying that the coverage group must include a child who resides in the household;
- Section 4.2.2.2(VI), adding a provision that requires that a determination of whether the family is potentially eligible for any other MaineCare categories must be made prior to terminating Transitional Medicaid coverage;
- Effective March 1, 2013, Section 4.5.3, deleting coverage for Parents and Caretaker relatives with income between 150% and 200% of FPL.
PART 4, Family-Related Budgeting
- Effective March 1, 2013, Section 1, deleting parents and caretaker relatives with income between 150% and 200% of FPL from the countable asset limits in the Categorically Needy group;
- Effective March 1, 2013, Section 2, changing the Categorically Needy income limits for parents and caretaker relatives from 150% to 133% of FPL;
- Effective March 1, 2013, Section 2, deleting parents or caretaker relatives with income greater than 150% and equal to or less than 200% of FPL from countable income limits.
PART 8, Medicare Buy-In (Medicare Savings Program [MSP])
- Effective March 1, 2013, Section 2(II), changing QMB eligibility to equal to or less than 140% of FPL;
- Effective March 1, 2013, Section 3(II), changing SLMB eligibility to over 140% and equal to or less than 160% of FPL;
- Effective March 1, 2013, Section 4(II), changing QI eligibility to over 160% and equal to or less than 175% of FPL.
EFFECTIVE DATE: January 22, 2013
AGENCY CONTACT PERSON: Doreen McDaniel, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4106. TTY: Maine Relay 711. E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 333, Low Cost Drugs for the Elderly and Disabled (DEL), Rule #262A
ADOPTED RULE NUMBER: 2013-011
CONCISE SUMMARY: This rule implements Public Law 2011, Ch. 657, Part HH, §HH-1, which directs the Department to amend the eligibility rules for the Low Cost Drugs for the Elderly and Disabled (DEL) program. This rule reduces the income limit for the DEL program from 185% to 175% of the Federal Poverty Level (FPL) effective March 1, 2013. This adopted rule also includes several changes that are not required by P. L. 2011, Ch. 657, but deemed necessary for clarification of the current rule.
This rule change will not have any adverse economic impact on small businesses or impose any additional cost upon municipalities or counties.
EFFECTIVE DATE: January 22, 2013
AGENCY CONTACT PERSON: Doreen McDaniel, MaineCare 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) 624-4106. TTY: (800) 606-0215. E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .