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Home > Weekly Rule-making Notices > July 17, 2013

July 17, 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: 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. 40, Mega Millions Rules
PROPOSED RULE NUMBER: 2013-P149
BRIEF SUMMARY: This amendment updates the existing rules governing the jackpot draw game Mega Millions. The amendment to the rules is necessary because of major game changes to the Mega Millions draw game as determined by the Multi-State Lottery Association. These changes include a change to the matrix to 5 of 75 and 1 of 15, changing the odds to 1:258,890,850 million; changing the overall odds to 1:14.71; and improving the second tier prize (Match 5+0) to $1,000,000.00. The Mega Millions Megaplier promotion will offer a chance to multiply by 2, 3, 4 or 5 times the Megaplier Set Prizes (normally paying $1.00 to $1,000,000.00) in a drawing. The Grand Prize payment option is now a graduated annual pari-mutuel basis or as a cash value option at the election of the player.
In order to sell Mega Millions tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions for the major components of the rules for Mega Millions as required by Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Mega Millions game. The amendment makes other non-substantive changes consistent with MUSL rules.
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: August 21, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: 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: Multi-State Lottery Association and Professional Judgment
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA §374 and 8 MRSA §372 sub-§2 ¶I
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey Hunting
PROPOSED RULE NUMBER: 2013-P150
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to amend current rules to provide for the effective conservation of wild turkeys and provide for an increase in hunting opportunities. The proposal recommends opening new WMDs to turkey hunting, expands the permitted weapons, increases the fall bag limit and expands the allowable spring hunting hours.
A detailed copy of the proposal may be obtained from the Agency Contact Person listed above.
PUBLIC HEARINGS:
Presque Isle: August 5, 2013 @ 6:30 p.m. – Northeastland Hotel – Red Room, 436 Main Street
Bridgton: August 8, 2013 @ 6:30 p.m. – Bridgton Town Office – Upstairs Board, Room, 3 Chase Street
COMMENT DEADLINE: August 19, 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 §11701
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 85, Physical Therapy
ADOPTED RULE NUMBER: 2013-160
CONCISE SUMMARY: The adopted rules will increase the limits for Physical Therapy Services to allow for up to five (5) treatment visits and one (1) evaluation within twelve (12) months, when provided pursuant to a pain management care plan.
The adopted rule includes one change which is made in response to the Assistant Attorney General’s review for form and legality. This technical change includes the prior authorization criterion in the legally promulgated rule, instead of on the Department’s website.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: July 20, 2013
AGENCY CONTACT PERSON: Amy Dix, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-624-6930. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .