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Home > Weekly Rule-making Notices > July 24, 2013

July 24, 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: 02-039 - Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation, Real Estate Commission
CHAPTER NUMBER AND TITLE: Ch. 410, Minimum Standards of Practice
PROPOSED RULE NUMBER: 2013-P151
BRIEF SUMMARY: The proposed rule removes the requirement that real estate brokerage advertisements must contain the contact information for the agency. The proposed rule retains the requirement that real estate brokerage advertisements must contain the trade name of the agency, and further requires that “in an advertisement that appears on or is sent via the Internet, the trade name of the agency that placed the advertisement must prominently appear or be readily accessible.”
The proposed rule also builds upon an existing rule provision that regulates inducements such as free gifts or prize money offered by licensees. The proposed rule provides: “Any limitations or conditions of the offering must be prominently displayed or presented. In an offering that appears on or is sent via the Internet, any limitations or conditions of the offering must prominently appear in the offering itself, or in a page view or window that is directly and immediately accessible via a link in the offering. The link must be identified by words such as “limitations,” “conditions,” or “terms of offer” and must prominently appear in the offering.” The proposed rule is available at www.maine.gov/professionallicensing .
PUBLIC HEARING: August 15, 2013, 9:30 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, ME
COMMENT DEADLINE: August 26, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Carol Leighton, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8520. E-mail: Carol.J.Leighton@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §§ 13065(3), 13279, 13280
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
REAL ESTATE COMMISSION WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/real_estate/index.htm .
OPOR RULE-MAKING LIAISON: Anne.L.Head@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: 2013-P152
BRIEF SUMMARY: This rule amends the MCILS fee schedule and administrative procedures for payment of Commission assigned counsel to maintain the hourly rate paid to attorneys providing indigent legal services at $50.00/hr. until June 30, 2014 and to raise the hourly rate paid to attorneys providing indigent legal services to $55.00/hr. beginning July 1, 2014.
DETAILED BASIS STATEMENT / SUMMARY: In Part RRR of the 2014-2015 biennial budget, the Legislature directed the Commission to adopt an emergency rule setting the hourly rate paid to attorneys providing indigent legal services in accordance with the amounts appropriated for that purpose. (See P.L. 2013, Ch. 368, Part RRR.) Accordingly, effective July 1, 2013, the Commission adopted an emergency amendment changing the hourly rate from $70.00/hr. beginning on July 1, 2013 and $75.00/hr. beginning on July 1, 2014 to $50.00/hr. for the 2013-2014 fiscal year and $55.00/ hr. for the 2014-2015 fiscal year. The emergency rule sets the rate in accordance with the amounts appropriated by the Legislature for that purpose. The emergency rule is only effective for 90 days. The rule amendment proposed herein will make the changes adopted in the emergency rule permanent.
PUBLIC HEARING: August 13, 2013 - 11:00 a.m., DOC Conference Room, 32 Blossom Lane, Marquardt Building – 3rd Floor, North Wing, Augusta, Maine 04333
COMMENT DEADLINE: August 23, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MCILS RULE-MAKING LIAISON: John D. Pelletier, MCILS, 154 State House Station, Augusta, ME 04333. Telephone: (207) 287-3254. 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); P.L. 2013 ch. 368, Part RRR
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mcils/ .



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. III Section 65, Behavioral Health Services
PROPOSED RULE NUMBER: 2013-P153
CONCISE SUMMARY: This proposed rule seeks to permanently adopt the emergency rule that restores the reimbursement rates for Licensed Clinical Professional Counselors (LCPCs) and Licensed Marriage and Family Therapists (LMFTs) to levels in place prior to March 1, 2013 for MaineCare Benefits Manual, Ch. III Section 65, Behavioral Health Services beginning July 1, 2013. The Legislature mandated the reimbursement rates be restored to LCPCs and LMFTs in P.L. 2013 ch. 368 §WWWW-1 and authorized the Department to do emergency rule-making. This change in rates requires a State Plan Amendment to be approved by the Centers for Medicare and Medicaid Services (CMS). The Department will request approval of a State Plan Amendment.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: August 12, 2013, 1:00 p.m., 242 State Street, Conference Room #1, Augusta, Maine. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person before August 5, 2013.
COMMENT DEADLINE: Comments must be received by midnight August 22, 2013.
AGENCY CONTACT PERSON: Ann O'Brien, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ann.Obrien@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
STATUTORY AUTHORITY FOR THIS RULE: P.L. 2013 ch. 368 §§ UU, WWWW-1; 22 M.R.S. §§ 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4.02, Migratory Bird Hunting
PROPOSED RULE NUMBER: 2013-P154
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider the adoption of the following rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds (SUBJECT TO CHANGE TO COMPLY WITH FINAL FEDERAL GUIDELINES PUBLISHED IN SEPTEMBER).
1) Ducks (not including mergansers). NORTH ZONE: September 23 through November 30, 2013. SOUTH ZONE: October 1 through October 19, 2013, November 4 through December 23, 2013. COASTAL ZONE: October 1 through October 19, 2013; November 16 through January 4, 2014. Daily Limit 6 ducks, no more than 4 of any one species; possession limit 12, no more than 8 of any one species, with the following exceptions:
a. Closed season for harlequin ducks and Barrow’s goldeneye.
b. Daily limit 1, possession limit 2 - for black ducks, canvasbacks, mottled ducks, and fulvous whistling ducks.
c. Daily limit 2; possession limit 4 - for hen mallard, northern pintail, scaup and redhead ducks.
d. Daily limit 3, possession limit 6 - for wood ducks.
2) Mergansers and American coots: SEASON DATES SAME AS DUCKS. Mergansers: Daily limit 5 in the aggregate, possession limit 10 with the following exception: Hooded mergansers - daily limit 2, possession limit 4; American coot - Daily limit 5, possession limit 10.
3) Canada Geese: Early Season - September 2 through September 25, 2013. NORTH ZONE: Daily limit 6, possession limit 12. SOUTH ZONE: Daily limit 10, possession limit 20. COASTAL ZONE: Daily limit 10, possession limit 20. Regular Goose Season - Daily limit 2, possession limit 4. NORTH ZONE: October 1 through December 9, 2013. SOUTH ZONE: October 1 through October 19, 2013; November 4 through December 23, 2013. COASTAL ZONE: October 1 through October 19, 2013; November 16 through January 4, 2014
4) Snow Geese: October 1, 2013 - January 31, 2014. Daily limit 25, no possession limit.
5) Brant: Daily limit 2, possession limit 4. NORTH ZONE: October 1 through November 27, 2013. SOUTH ZONE: October 1 through October 19, 2013, November 4 through December 11, 2013. COASTAL ZONE: October 1 through October 19, 2013, November 16 through December 24, 2013
6) Special Falconry Season: In addition to the regular migratory bird season on ducks, geese, mergansers, and American coots. NORTH ZONE: December 12, 2013 through February 1, 2014. COASTAL and SOUTH ZONE: January 8, 2014 through February 28, 2014. Falconry season daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 6 birds respectively, singly or in the aggregate.
7) Sea Ducks: (scoters, eiders, and long-tailed ducks in the sea duck zone***): October 1, 2013 through January 31, 2014. Daily limit 7; possession limit 14 with following exceptions: Scoter - daily limit 4, possession limit 8; Common Eider - daily limit 4, possession limit 8.
***Note: the Sea Duck zone differs from the Coastal Zone in definition:
Sea Duck Zone = All coastal waters and all waters of rivers and streams seaward from the first upstream bridge.
Coastal Zone = Includes areas south of a line beginning at the Maine-New Brunswick border in Calais at the Route 1 bridge, south along Route 1 to the Maine-New Hampshire border in Kittery.
8) Woodcock: October 1 – November 14, 2013. Daily limit 3, possession limit 6.
9) Common Snipe: September 2 – December 17, 2013. Daily limit 8, possession limit 16
10) Rails (Sora and Virginia) - September 2 – November 9, 2013. Daily limit 25, possession limit 25
11) Moorhens and Gallinules: Closed Season
12) YOUTH WATERFOWL HUNT. North Zone - September 14, 2013; North Zone - December 7, 2013. South Zone - September 21, 2013; South Zone - October 26, 2013. Coastal Zone - September 21, 2013. Coastal Zone - November 9, 2013
Bag limits for waterfowl as above. Special regulations will apply to youth and accompanying adult.
PUBLIC HEARING: Wednesday, August 14, 2013 at 6:30 p.m. at the Augusta Armory, 179 Western Avenue, Room 209B (upstairs), Augusta, ME
COMMENT DEADLINE: August 14, 2013 (NOTE: As provided in 12 MRSA §11855 the 10 day comment period does not apply).
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 41 State House Station, 284 State Street, Augusta, ME 04333; Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §§ 10104 and 11855
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


ADOPTIONS


AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 411, Eligible Rollover Distributions
ADOPTED RULE NUMBER: 2013-161
CONCISE SUMMARY: The amendment specifies that, for an eligible rollover distribution, the transferee individual retirement account, annuity, or qualified defined contribution plan must agree to separate accounting of the transferred amounts and earnings thereon. This amendment is needed to ensure that the defined benefit plans administered by MainePERS comply with the Section 401(a)(31) of the Internal Revenue Code, a requirement for the plans to maintain qualified plan status.
EFFECTIVE DATE: July 22, 2013
AGENCY CONTACT PERSON: Michael J. Colleran, Maine Public Employees Retirement System, 46 State House Station, Augusta, ME 04333-0046. Telephone: (207) 512-3107. E-mail: Michael.Colleran@Mainepers.org .
WEBSITE: www.mainepers.org .
MainePERS RULE-MAKING LIAISON: Kathy.Morin@Mainepers.org .



AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 413, Limitations on Contributions and Benefits
ADOPTED RULE NUMBER: 2013-162
CONCISE SUMMARY: The amendment clarifies and updates the limits on contributions and benefits required by Section 415 of the Internal Revenue Code and corrects typographical errors. This amendment is needed to ensure that the defined benefit plans administered by MainePERS comply with the Internal Revenue Code, a requirement for the plans to maintain qualified plan status.
EFFECTIVE DATE: July 22, 2013
AGENCY CONTACT PERSON: Michael J. Colleran, Maine Public Employees Retirement System, 46 State House Station, Augusta, ME 04333-0046. Telephone: (207) 512-3107. E-mail: Michael.Colleran@Mainepers.org .
WEBSITE: www.mainepers.org .
MainePERS RULE-MAKING LIAISON: Kathy.Morin@Mainepers.org .



AGENCY: 01-017 – Department of Agriculture, Conservation and Forestry, Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Officials and Race Track Personnel: Section 1, Officials
ADOPTED RULE NUMBER: 2013-163
CONCISE SUMMARY: This rule change will require all presiding judges and associate judges to attend a Commission approved educational seminar every two years to be considered for approval by the Commission.
EFFECTIVE DATE: July 22, 2013
AGENCY CONTACT PERSON: Henry W. Jackson, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-3221. E-mail: Henry.Jackson@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/hrc/index.html .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 01-017 – Department of Agriculture, Conservation and Forestry, Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 7, Racing: Section 6, Meeting Race Meet Standards and Maintaining Eligibility, Subsection 9; and Section 7, Steward’s List
ADOPTED RULE NUMBER: 2013-164 and 165
CONCISE SUMMARY: This rule change will require all presiding judges and associate judges to attend a Commission approved educational seminar every two years to be considered for approval by the Commission. Also, this rule change separates the previous rule into two categories. The first requires horses to be put on the Steward’s List which are identified in subsection 2 and those that may be put on the Steward’s List that are identified in the new subsection 2-A. Further, former subsection 2.K is deleted.
EFFECTIVE DATE: July 22, 2013
AGENCY CONTACT PERSON: Henry W. Jackson, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-3221. E-mail: Henry.Jackson@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/hrc/index.html .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 01-017 – Department of Agriculture, Conservation and Forestry, Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 9, Sire Stakes: Section 4, Performance Eligibility; and Section 6, Conditions
ADOPTED RULE NUMBER: 2013-166 and 167
CONCISE SUMMARY: This rule change allows for an exception for having to qualify if there was interference or broken equipment and to excuse the two and three year old trotters and pacers from the new rule change in Ch. 7 Section 7 subsection 2.G. Also, this rule change deletes the second sentence of Ch. 9 Section 5 paragraph 1, and adds two new subsections that further clarify when the declarations for the final and consolation final Races are to be made. Further, it requires that there be eight entries in the Final Races before a Consolation Final Race can be programmed.
EFFECTIVE DATE: July 22, 2013
AGENCY CONTACT PERSON: Henry W. Jackson, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-3221. E-mail: Henry.Jackson@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/hrc/index.html .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 01-017 – Department of Agriculture, Conservation and Forestry, Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 11, Medication and Testing
ADOPTED RULE NUMBER: 2013-168
CONCISE SUMMARY: This rule change repeals and replaces Section 1 subsection 8 in order to be more consistent with other racing jurisdictions; repeals Section 4 replaces and renames it to “USE OF MEDICATIONS” which addresses the use of therapeutic medications that are currently allowed in other racing jurisdictions; repeals Section 5 and replaces it with a new heading “TREATMENT RESTRICTIONS” which has been adopted throughout the harness racing community; amends Section 6 and adds language and a new heading “CERTAIN PERMITTED SUBSTANCES”; repeals Section 7 and replaces it with “ANTIULCER MEDICATIONS”; adds a new Section 8, “PERMITTED NON-STEROIDAL ANTI-INFLAMMATORY DRUGS”; adds a new Section 9, “ANDROGENIC-ANABOLIC STERIODS (AAS)”; adds a new Section 10, ”CLASSIFICATION OF DRUGS, MEDICATIONS, AND SUBSTANCES”; renumbers former Section 5 to Section 11, “PROHIBITED PRACTICES”; and, renumbers former Section 7 to Section 12, “OUT-OF-COMPETITION TESTING”.
EFFECTIVE DATE: July 22, 2013
AGENCY CONTACT PERSON: Henry W. Jackson, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-3221. E-mail: Henry.Jackson@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/hrc/index.html .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 05-071 - Department of Education (DOE) - State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 61, State Board of Education Rules for Major Capital School Construction Projects
ADOPTED RULE NUMBER: 2013-169 (Final adoption, major substantive)
CONCISE SUMMARY: Ch. 61, Rules for Major Capital School Construction Projects, governs the expenditure of millions of Maine taxpayers' dollars in support of safe and effective schools that support the demands of 21st century education. Extensive needs for improved education facilities across the state make it imperative that the rules be kept clear, current and supportive of the state's education goals. The Department of Education and the Construction Committee of the State Board of Education have worked jointly to propose modifications to Ch. 61.
The amendments for Ch. 61, Rules for Major Capital School Construction, which is a State Board of Education rule, make no significant changes. They are strictly to clarify and bring consistency to the rule. The existing rule has been modified many times over the years by State Board members and Department of Education staff and a thorough review was necessary.
EFFECTIVE DATE: August 17, 2013
AGENCY CONTACT PERSON: Scott Brown, Director of School Facilities, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6883. E-mail: Scott.Brown@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .