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Home > Weekly Rule-making Notices > June 19, 2013

June 19, 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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2013-P133 (2nd publication)
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. These regulations are needed to provide for the effective conservation of Maine’s inland fisheries, and enhance fishing opportunities throughout the State. All of the proposals may be discussed at any of the 5 public hearings listed above. The list of proposals may be obtained from the Agency Contact Person or online at: http://www.maine.gov/ifw . Anyone unable to attend a public hearing may submit written comments on any of the proposals. The proposals, if adopted, will become effective January 1, 2014.
PUBLIC HEARINGS:
Presque Isle: July 8, 2013 @ 6:30 p.m. – Northeastland Hotel, Red Room, 436 Main Street
Millinocket: July 9, 2013 @ 6:30 p.m. – Stearns High School, Auditorium, 199 State Street
Ellsworth: July 10, 2013 @ 6:30 p.m. – Ellsworth High School, Café, 299 State Street
Rangeley: July 15, 2013 @ 6:30 p.m. – Rangeley Lakes Regional School, Cafeteria, 43 Mendolia Road
Standish: July 18, 2013 @ 6:30 p.m. – Standish Town Office, Council Chambers, 175 Northeast Road
COMMENT DEADLINE: July 29, 2013
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 §10104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .



AGENCY: 18-553 – Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 50, Lucky for Life Rules
PROPOSED RULE NUMBER: 2013-P134
BRIEF SUMMARY: This amendment updates the existing rules governing the draw game Lucky for Life. The amendment to the rules is necessary because of major games changes to Lucky for Life as determined by the Lucky for Life Regional Game Agreement including a change to matrix to be 5 of 43 and 1 of 43; changing the odds for the Top Prize to 1:41,391,714; changing the overall odds to win a prize to 1:8.607; improving the second tier prize for a Match 5+0 to $25,000.00 per year for life; and providing a Cash Option for the top and second tier prizes. The Maine State Liquor and Lottery Commission must adopt uniform provisions and Maine specific provisions for the major components of the rules for Lucky for Life as required by the Lucky for Life Regional Game Agreement. The signatories of the Lucky for Life Regional Game Agreement are the governing body for the Lucky for Life game.
DETAILED SUMMARY: This amendment updates the existing rules governing the draw game Lucky for Life. The amendment to the rules is necessary because of major games changes to Lucky for Life as determined by the Lucky for Life Regional Game Agreement including a change to matrix to be 5 of 43 and 1 of 43; changing the odds for the Top Prize to 1:41,391,714; changing the overall odds to win a prize to 1:8.607; improving the second tier prize for a Match 5+0 to $25,000.00 per year for life; and providing a Cash Option for the top and second tier prizes. The Maine State Liquor and Lottery Commission must adopt uniform provisions and Maine specific provisions for the major components of the rules for Lucky for Life as required by the Lucky for Life Regional Game Agreement. The signatories of the Lucky for Life Regional Game Agreement are the governing body for the Lucky for Life game.
In order to sell Lucky for Life tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions of the rules for Lucky for Life as required by the Lucky for Life Regional Game Agreement. The Lucky for Life Regional Game Agreement is the governing body for the Lucky for Life game.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
PUBLIC HEARING: No Public Hearing
COMMENT DEADLINE: July 26, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Lucky for Life Regional Game Agreement and Professional Judgment
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA §374 and 8 MRSA §372 sub-§2
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.mainelottery.com/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 04-061 - Department of Agriculture, Conservation & Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Section 10.25,Q,1,g, regarding Subdivision Exemptions
PROPOSED RULE NUMBER: 2013-P135
BRIEF SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed rule changes to Ch. 10, Section 10.25,Q,1,g of the Land Use Districts and Standards regarding subdivision exemptions. The Commission proposes the revisions in order to further clarify the intent of the rules.
DETAILED BASIS STATEMENT / SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed rule changes to Ch. 10 Section 10.25,Q,1,g of the Land Use Districts and Standards regarding subdivision exemptions. The Commission proposes the revisions in order to further clarify the intent of the rules. More specifically, the proposed rule changes address and clarify two existing exceptions, the abutter exception and the retained lot exception.
PUBLIC HEARING: A public hearing is not planned.
COMMENT DEADLINE: Written comments must be submitted on or prior to July 19, 2013.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jean Flannery, Maine Land Use Planning Commission, 106 Hogan Road, Suite 7 Bangor, Maine 04401. Telephone: (207) 941-4590. E-mail: Jean.A.Flannery@Maine.gov . Website: http://www.maine.gov/doc/lupc .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §685-A(3) and §685-C(5)(A)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


ADOPTIONS


AGENCY: 90-564 - Fund Insurance Review Board (FIRB)
CHAPTER NUMBER AND TITLE: Ch. 3, Appeals Procedure
ADOPTED RULE NUMBER: 2013-131
CONCISE SUMMARY: The amendment makes changes to the rule to conform to P.L. 2011 ch. 243 §3, reducing the number of members of the Appeals Panel, and to provide clarification and additional guidance to the appeals process.
EFFECTIVE DATE: June 16, 2013
AGENCY CONTACT PERSON: Katryn Gabrielson, c/o Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 620-3515.
E-mail: kgabrielson@famemaine.com .
FIRB RULE-MAKING LIAISON: Mary.Sauer@Maine.gov .



AGENCY: 90-564 - Fund Insurance Review Board (FIRB)
CHAPTER NUMBER AND TITLE: Ch. 6, Assessment of Inability to Pay Deductible for a Personal Residence under the Ground Water Oil Clean-up Fund
ADOPTED RULE NUMBER: 2013-132 (Repeal)
CONCISE SUMMARY: This rule is being repealed since the Department of Environmental Protection was authorized to and did adopt a rule (Ch. 686) which established the applicable standards.
EFFECTIVE DATE: June 16, 2013
AGENCY CONTACT PERSON: Katryn Gabrielson, c/o Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 620-3515.
E-mail: kgabrielson@famemaine.com .
FIRB RULE-MAKING LIAISON: Mary.Sauer@Maine.gov .



AGENCY: 90-564 - Fund Insurance Review Board (FIRB)
CHAPTER NUMBER AND TITLE: Ch. 5, Documentation Requirements for Applications to the State Fire Marshal for Coverage by the Ground Water Clean-up Fund at Above Ground Oil Storage Facilities
ADOPTED RULE NUMBER: 2013-133
CONCISE UMMARY: The amendment clarifies documentation to be submitted to the State Fire Marshal and information upon which the State Fire Marshal may rely in connection with an application by an owner/operator of an above ground oil storage facility for coverage by the Ground Water Oil Clean-up Fund.
EFFECTIVE DATE: June 16, 2013
AGENCY CONTACT PERSON: Katryn Gabrielson, c/o Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 620-3515.
E-mail: kgabrielson@famemaine.com .
FIRB RULE-MAKING LIAISON: Mary.Sauer@Maine.gov .



AGENCY: 01-026 – Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 20, Special Provisions
ADOPTED RULE NUMBER: 2013-134 (Emergency major substantive)
CONCISE SUMMARY: Surveillance data from the last decade show that mosquito-borne viruses are on the increase in Maine. The first confirmed human case of West Nile Virus in Maine was documented in 2012. Maine’s Arboviral Illness Surveillance, Prevention and Response Plan is based on a national model and is similar to most other states. That plan calls for the Maine Center for Disease Control and Prevention to recommend adult mosquito control programs in targeted areas of the state if the threat of mosquito-borne disease reaches the “high” or “critical” phase. Conducting these programs would not be feasible under current state law. Ch. 20 requires authorization from each individual property owner which would be impractical for wide-area programs conducted in residential areas. The proposed amendment to Ch. 20 relaxes the need for individual property owner authorization when the Maine CDC recommends spraying due to vector-borne disease threats.
EFFECTIVE DATE: June 12, 2013
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04330-0028. Telephone: (207) 287-2731. E-mail: Henry.Jennings@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/pesticides/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 01-026 – Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 22, Standards for Outdoor Application of Pesticides by Powered Equipment in Order to Minimize Off-target Deposition
ADOPTED RULE NUMBER: 2013-135 (Emergency major substantive)
CONCISE SUMMARY: Surveillance data from the last decade show that mosquito-borne viruses are on the increase in Maine. The first confirmed human case of West Nile Virus in Maine was documented in 2012. Maine’s Arboviral Illness Surveillance, Prevention and Response Plan is based on a national model and is similar to most other states. That plan calls for the Maine Center for Disease Control and Prevention to recommend adult mosquito control programs in targeted areas of the state if the threat of mosquito-borne disease reaches the “high” or “critical” phase. Conducting these programs would not be feasible under current state law. Ch. 22 imposes operational standards that would be impractical for wide-area programs conducted in residential areas. The amendments exempt certain requirements of Ch. 22 which would not be practical in an emergency situation when Maine CDC recommends spraying due to vector-borne disease threats. Exempted requirements are: Identifying and Recording Sensitive Areas; Presence of Humans and Animals; and certain specifics of Site Plans.
EFFECTIVE DATE: June 12, 2013
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04330-0028. Telephone: (207) 287-2731. E-mail: Henry.Jennings@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/pesticides/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 01-026 – Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 51, Notice of Aerial Pesticide Application
ADOPTED RULE NUMBER: 2013-136 (Emergency major substantive)
CONCISE SUMMARY: Surveillance data from the last decade show that mosquito-borne viruses are on the increase in Maine. The first confirmed human case of West Nile Virus in Maine was documented in 2012. Maine’s Arboviral Illness Surveillance, Prevention and Response Plan is based on a national model and is similar to most other states. That plan calls for the Maine Center for Disease Control and Prevention to recommend adult mosquito control programs in targeted areas of the state if the threat of mosquito-borne disease reaches the “high” or “critical” phase. Conducting these programs would not be feasible under current state law. The amendments exempt most of the requirements of Ch. 51 when the Maine CDC recommends spraying due to vector-borne disease threats because notice requirements are included in Ch. 20. The requirement for notice to the Board and Maine Poison Control Center as described in the chapter are not exempted.
EFFECTIVE DATE: June 12, 2013
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04330-0028. Telephone: (207) 287-2731. E-mail: Henry.Jennings@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/pesticides/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



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 (TANF), Rule #96A: Ch. I, Eligibility Process, Time Limits (pages 21-25a)
ADOPTED RULE NUMBER: 2013-137
CONCISE SUMMARY: This rule permanently adopts changes previously made by emergency rule to implement biennial budget provisions concerning a 60-month lifetime on limit on TANF eligibility absent qualification for an extension or exemption. In addition, this 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;
* Revises the extension and exemption provisions to 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; and
* Renumbers the pages in Chapter I.
EFFECTIVE DATE: June 19, 2013
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: 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 #97A: Ch. VI, Electronic Benefits Transfer (EBT) System (page 35)
ADOPTED RULE NUMBER: 2013-138
CONCISE SUMMARY: This rule will enact a portion of Public Law ch. 687 (LD 1888 – An Act To Strengthen the State’s Ability to Investigate and Prosecute the Misuse of Public Benefits) passed by the 125th legislature to ensure that public benefits are used as intended.
As a result of the rule change, a recipient may not use the “cash benefits” of an Electronic Benefits Transfer (EBT) card in a retail establishment where 50% or more of the gross revenue of the establishment is derived from the sale of liquor; a gambling facility, except that use of the electronic benefits transfer system is permitted in any portion of the premises of a gambling facility that is set aside separately for the sale primarily of staple foods; a retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.
Unauthorized spending of benefits will result in an Intentional Program Violation (IPV) and, when discovered, a referral will be made to the fraud investigation unit for further review and recovery.
EFFECTIVE DATE: July 1, 2013
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: 711 (Maine Relay). E-mail: Dawn.Mulcahey@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .