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Home > Weekly Rule-making Notices > January 30, 2013

January 30, 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: 01-015 - Maine Milk Commission (MLC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #03-13
PROPOSED RULE NUMBER: 2013-P005
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .
PUBLIC HEARING: February 21, 2013, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: February 21, 2013
AGENCY CONTACT PERSON / MLC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .



AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 611, Maine College Savings Program, Amendment 14
PROPOSED RULE NUMBER: 2013-P006
BRIEF SUMMARY: The rule amendment adjusts the provisions regarding use of the Maine administration fee to authorize the Authority generally to make matching grants to Maine accounts for certain purposes, and to establish terms and conditions for the receipt and use of matching grants. The rule amendment adjusts certain withdrawal requirements to accommodate the making of withdrawal requests other than in writing. The rule amendment makes minor modifications to the Maine administration fee rebate or waiver provision.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: March 1, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, PO Box 949, Augusta, ME 04332-0949. Telephone: (207) 620-3515. Fax: (207) 623-0095. TTY: (207) 626-2717. E-mail: kgabrielson@famemaine.com . Website: www.famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §969-A; 20-A MRSA §11485
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FAME RULE-MAKING LIAISON: croney@famemaine.com .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 202, Tree Growth Tax Law Valuations
PROPOSED RULE NUMBER: 2013-P007
CONCISE SUMMARY: Maine Revenue Services (MRS) is proposing to repeal and replace Rule 202. This is routine annual rule-making. Title 36 §576 requires the State Tax Assessor to annually determine 100% valuations per acre for each forest type by economic region for parcels under the Tree Growth Tax Law. The updated rule will be applicable to the 2013 tax year.
The rule incorporates current stumpage values into conventional and prevalent algorithms to determine the valuation of forestland by a classification and value averaging system that estimates the worth of forest land used for wood production excluding incremental value attributable to development potential.
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: March 4, 2013
AGENCY CONTACT PERSON: David Ledew, Director, Property Tax Division, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-5601. E-mail: David.P.Ledew@Maine.gov .
ADOPTING THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §§ 576; 112
WEBSITE: http://www.maine.gov/revenue/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 7, Standards for Educational Programs in Nursing
PROPOSED RULE NUMBER: 2013-P008
BRIEF SUMMARY: This proposal will require national accreditation by a national nursing accrediting organization, such as Commission on Collegiate Nursing Education (CCNE) or National League for Nursing Accrediting Commission (NLN-AC), of a school's nursing program by January 1, 2015.
PUBLIC HEARING: None
COMMENT DEADLINE: March 4, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Myra A. Broadway, JD, RN, MS – Executive Director, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333. Telephone: (207) 287-3603. E-mail: Myra.A.Broadway@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 M.R.S. §2153-A(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED): N/A
WEBSITE: http://www.maine.gov/boardofnursing/ .



AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 11, Regulations Relating to the Nurse Licensure Compact
PROPOSED RULE NUMBER: 2013-P009
BRIEF SUMMARY: This increases the length of time from thirty (30) days to ninety (90) days when nurses from other compact states change legal residence from other states to Maine.
PUBLIC HEARING: None
COMMENT DEADLINE: March 4, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Myra A. Broadway, JD, RN, MS – Executive Director, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333. Telephone: (207) 287-3603. E-mail: Myra.A.Broadway@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 M.R.S. §2153-A(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED): N/A
WEBSITE: http://www.maine.gov/boardofnursing/ .



AGENCY: 29-255 – Secretary of State, Maine State Archives
CHAPTER NUMBER AND TITLE: Ch. 10, Rules for Disposition of Local Government Records
PROPOSED RULE NUMBER: 2013-P010
BRIEF SUMMARY:
Item 1 – It is proposed to correct Election Records, Schedule E.03 (Incoming Voting Lists). In 2011 the retention period was changed from 2 years to 5 years.
Item 2 – It is proposed that State Absentee Envelopes and Applications be added as an additional series (E.06) as they are now required to be kept for 2 years following any election.
Item 3 - It is proposed that Vital Event Request Forms be added as an additional series (P.12). Due to new requirements in 22 MRSA §2706, the request forms may need to be referred to after a request has been made to validate information presented showing identification along with direct and legitimate interest (if applicable for mail requests).
DETAILED BASIS STATEMENT / SUMMARY:
Item 1 – Currently Election Records Schedule E.03 (Incoming Voting Lists) states that retention for this Schedule is 2 years per Title 21-A, §23(7). In 2011 the retention period was changed; the schedule should read as such.
Change:
2 years per Title 21-A, §23(7), Not Confidential. 5 years per Title 21-A, §23(7-A), Not Confidential.
Item 2 – It is proposed that State Absentee Envelopes and Applications be added as an additional series (E.06) as they are now required to be kept for 2 years following any election. These materials were filed with (E.02) Ballots, All Other Elections material which are kept for 22 months. Due to the change in retention, these materials will need to be filed separately.
Change:
E.06. State Absentee Envelopes and Applications. The clerk shall keep the absentee ballot envelopes, including the unopened envelopes containing rejected absentee ballots, the applications for absentee ballots and the list of voters who were issued absentee ballots in the clerk’s office or other secure location under the control of the clerk.
Retention period: 2 years following any election per Title 21-A, §23(7-B), Confidential (Title 21-A, §22.2)

Item 3 – It is proposed that Vital Event Request Forms be added as an additional series (P.12). Due to new requirements in 22 MRSA §2706, the request forms may need to be referred to after a request has been made to validate information presented showing identification along with direct and legitimate interest (if applicable for mail requests).
Change:
P.12. Vital Event Request Form. The clerk shall keep the form related to requests for vital events (marriage, death, births, and divorce) in the clerk’s office or other secure location under the control of the clerk. This includes copies of required identification along with copies of documentation showing direct and legitimate interest (if applicable for mail requests).
Retention period: One year, Confidential (1) 22 MRSA §2706

PUBLIC HEARING: None
COMMENT DEADLINE: March 1, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / ARCHIVES RULE-MAKING LIAISON: Tammy Marks, 84 State House Station, 230 State Street, Augusta, ME 04333. Telephone: (207) 287-5799. E-mail: Tammy.Marks@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Item 1 – None; Item 2 - These materials were filed with (E.02) Ballots, All Other Elections material which are kept for 22 months. Due to the change in retention, these materials will need to be filed separately; Item 3 – None.
STATUTORY AUTHORITY FOR THIS RULE: Item 1 – 21-A §23, Sec. 7-A; Item 2 – 21-A §23, Sec. 7-B; Item 3 – 22 §2706
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/arc/index/html .


ADOPTIONS


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.22, 2012-13 Closures: (14), Gouldsboro & Dyer Bay; (15), Damariscotta River; and (16), Somes Sound - Emergency regulations
ADOPTED RULE NUMBER: 2013-012 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking for the implementation of a conservation closure located in Gouldsboro & Dyer Bays, Damariscotta River and Somes Sound 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 these areas may deplete a severely diminished resource beyond its ability to recover. Continued harvesting may damage sublegal scallops that could be caught during subsequent fishing seasons, as well as reducing the broodstock essential to a recovery. A significant immediate conservation closure is necessary to reduce the risk of unusual damage and imminent depletion. For these reasons, the Commissioner hereby adopts an emergency closure of Maine’s scallop fishery in Gouldsboro & Dyer Bays, Damariscotta River and Somes Sound as authorized by 12 MRSA §6171(3) .
EFFECTIVE DATE: January 21, 2013
AGENCY CONTACT PERSON: Trish De Graaf, Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Telephone: (207) 624-6554. 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: 10-144 - Department of Health and Human Services (DHHS), Division of Licensing and Regulatory Services
CHAPTER NUMBER AND TITLE: Ch. 114, Rules Governing the Reporting of Sentinel Events
ADOPTED RULE NUMBER: 2013-013
CONCISE SUMMARY: The rules replace the outdated 2007 NQF list of serious reportable events with the 2011 updated list published by the National Quality Forum (NQF). (See Appendix A of the rules.) The Maine rules governing the reporting of sentinel events incorporate by reference the National Quality Forum (NQF) list of serious reportable events. The 2011 NQF list includes the following changes:
1. A NEW category is added to the NQF list: "Radiologic Events" is now Category 6;
2. A NEW event is added at Category IE: patient death associated with the administration of anesthesia;
3. The event in Category 3A is expanded to include the discharge or release (to other than an authorized person) of a person "of any age who is unable to make decisions" (the word "infant" is deleted);
4. The event in Category 3C is expanded to include "self-harm" (Patient suicide, attempted suicide or self-harm);
5. A number of changes are made to Category 4 including the following: three events in the 2007 list are not in the 2011 list (deletes hypoglycemia, hyperbilirubinemia, and spinal manipulative therapy); there are three NEW events (4D: death or serious injury of a neonate associated with labor or delivery in a low-risk pregnancy; 4H: death or serious injury resulting from the irretrievable loss of an irreplaceable biological specimen; and 4I: death or serious injury resulting from failure to follow up or communicate laboratory pathology or radiology test results);
6. An event was moved out of Category 5 and into Category 4E (death or serious injury associated with a fall); and
7. An event in Category 7C :is expanded to include the underlined words: (Sexual abuse/assault on a patient or staff member).
• The definitions of "Serious" and "Surgery" have been updated for consistency with the 2011 NQF events. See Sections 1.24 and 1.27.
• The department also made non-substantive changes to this rule including: [1] implementing the federal change of the term ICF/MR (Intermediate Care Facilities for Persons with Mental Retardation) to ICF/IID (Intermediate Care Facility for Individuals who are Intellectually Disabled); and [2] updated reference to the 2011 NQF list of serious reportable events. See Sections 1.8.4 and 1.22.4.
EFFECTIVE DATE: February 1, 2013
AGENCY CONTACT PERSON: Kenneth Albert, Director, Division of Licensing and Regulatory Services, 41 Anthony Avenue, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 287-9300. Fax: (207) 287-5807. E-mail: Kenneth.Albert@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/dlrs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 01-026 – Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 10, Definitions and Terms
ADOPTED RULE NUMBER: 2013-014
CONCISE SUMMARY: These definitions and terms are defined as they specifically relate to the use of pesticides, the certification and licensing of pesticide applicators and dealers, and other areas as regulated by the Board in succeeding chapters. The amendments to Ch. 10 will incorporate interpretive policies to the definitions of Commercial Applicator, Custom Application, Distribute and Spray Contracting Firm. A definition of Government Employee is also added, to clarify the intent of Title 22, §1471-D(9).
EFFECTIVE DATE: January 29, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, ME 04330-0028. Telephone: (207) 287-2731. E-mail: Henry.Jennings@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/pesticides/