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Home > Weekly Rule-making Notices > July 31, 2013

July 31, 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 (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #09-13
PROPOSED RULE NUMBER: 2013-P155
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: August 22, 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: August 22, 2013
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC 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
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 607, OFI Maine ASPIRE/TANF Program Rules, Rule #18P: Misuse of Cash Benefits Violations, Section 4: Participants’ Rights & Responsibilities; Sanctions, Good Cause; Fair Hearings; Confidentiality; Overpayment Procedures
PROPOSED RULE NUMBER: 2013-P156
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.
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: Midnight, August 30, 2013
AGENCY CONTACT PERSON: Liz Ray, ASPIRE 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) 624-4107. TTY: 711 (Maine Relay). E-mail: Liz.Ray@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; 22 MRSA §§ 22(1) and 23(2); 22 MRSA §§ 3762 et seq., 3769-A
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 of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
PROPOSED RULE NUMBER: 2013-P157
CONCISE SUMMARY: This proposed rule-making seeks to permanently adopt changes already made on an emergency basis, implementation of a budget savings initiative of P.L. 2013 ch. 368 (LD 1509, An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2013, June 30, 2014 and June 30, 2015).
This rule-making will:
a) increase the reimbursement rate per psychiatric discharge for members under 18 years of age from hospitals in the Lewiston-Auburn area to $9,128.31; and
b) reduce the outpatient Ambulatory Payment Classification (APC) rate for Acute Care Non-Critical Access Hospitals and Rehabilitation Hospitals from 93% to 83.7% of the adjusted Medicare APC rate for outpatient services; if multiple procedures are performed, the Department will pay 83.7% rather than 93% of Medicare’s single bundled APC rate; calculations for outlier payments will follow Medicare rules and also be paid at 83.7% rather than 93% of the Medicare payment.
The rule-making also corrects two clerical errors: (1) page 15, the proper heading should be “Section 45.04 Acute Care Critical Access Hospitals”; and (2) on pages 11 and 18, removes “un” from “unadjusted” so the proper word is “adjusted.”
The Department is seeking approval from the Centers for Medicare and Medicaid Services for a state plan amendment for this change.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Monday, August 19, 2013, 2 p.m., 242 State Street, Conference Room 1, Augusta, Maine 04333-0011. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before August 12, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight August 29, 2013.
AGENCY CONTACT PERSON: Peter Kraut, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6131. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Peter.Kraut@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 (LD 1509), Sec. A-34. 22 MRSA ch. 855 §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: 10-144 – Department of Health and Human Services (DHHS), Division of Licensing and Regulatory Services (DLRS)
CHAPTER NUMBER AND TITLE: Ch. 122, Rules Governing the Maine Medical Use of Marijuana Program
PROPOSED RULE NUMBER: 2013-P158
BRIEF SUMMARY: The proposed rule would add an exception to the current prohibition on the use of any pesticides on marijuana plants by registered dispensaries participating in the Maine Medical Use of Marijuana Program. The proposed rule would allow registered primary caregivers to use only minimum-risk pesticides on marijuana plants. This proposed rule would authorize the use of only the identified minimum-risk pesticides exempt from federal registration requirements that are authorized by the Maine Board of Pesticides Control (BPC). The proposed rule is posted at http://www.maine.gov/dhhs/dlrs/rulemaking/proposed.shtml .Call (207) 287-9300 to have a paper copy of the rule mailed to you.
PUBLIC HEARING: No public hearing is scheduled. Five interested persons may request a public hearing by contacting the person listed above.
COMMENT DEADLINE: August 30, 2013 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kenneth Albert, Director, Division of Licensing and Regulatory Services, DHHS, 41 Anthony Ave, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 287-9300. Fax: (207) 287-5807. E-mail: Kenneth.Albert@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This proposed rule is not expected to yield new costs for municipal or county governments. These rules will apply to certified dispensaries and registered primary caregivers participating in the Maine Medical Use of Marijuana Program.
STATUTORY AUTHORITY: 22 MRSA ch. 558-C, Maine Medical Use of Marijuana Act; 22 MRSA §42; 22-A MRSA §205
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): None
DLRS WEBSITE: http://www.maine.gov/dhhs/dlrs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@maine.gov .


ADOPTIONS


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.11, Lobster and Crab Bait Review Process
ADOPTED RULE NUMBER: 2013-170
CONCISE SUMMARY: This regulation change would enact a mandatory review of all lobster and crab baits to prevent the introduction of contagious pathogens, pests, parasites, or invasive species into Maine waters. This regulation is necessary to protect Maine’s coastal resources, fishermen, and other associated industries.
An individual would apply to the Department of Marine Resources for the review of a bait source on forms supplied by the Commissioner. The Department would provide a written response within 60 days, whether the bait will be placed on the “approved” freshwater list or “prohibited” marine list. A freshwater organism that has been reviewed and not listed as “approved” is prohibited as bait. A marine organism that has been listed as “prohibited” is also prohibited as bait.
This regulation also allows applicants to petition the Department when a bait has been prohibited by the Department. The Department will be required to conduct an annual review of lobster and crab bait sources to update the “prohibited” and “approved” lists as conditions change or new information becomes available. Finally, the change will require lobster and crab bait dealers to have a lobster/crab bait endorsement on their wholesale dealer license, and provide the Department with a list of baits sold the previous year and list of anticipated baits for sale the following year.
EFFECTIVE DATE: July 25, 2013
AGENCY CONTACT PERSON: Chris Vonderweidt (207) 624-6558
CONTACT INFORMATION: Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: dmr.rulemaking@maine.gov .Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 26, Sea Urchin Regulations and 2013-2014 Harvesting Season; Ch. 8.20(P), Landings Program Urchin Harvest (Zone 1)
ADOPTED RULE NUMBER: 2013-171 and 172
CONCISE SUMMARY: For purposes of conservation, pursuant to 12 M.R.S. §6171 and §6749, this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zones 1 and 2 during the 2013-2014 season.
For Zone 1, a 15-day season is set for divers, trappers, rakers and draggers in 2013-2014, which is the same number of days as in the 2012-2013 season. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers will have a choice of fishing 15 days in September and October (“early season”), or 15 days in December (“late season”); and draggers in December (“early season”), or December and January (“late season”).
For Zone 2, a 38-day season is set for divers, trappers, rakers and draggers in 2013-2014, which is 2 days longer than the length of the season in 2012-2013. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers will have a choice of fishing 38 days in October through December (“early season”), or 38 days in December through March (“late season”); draggers will have similar but slightly different choices of fishing 38 “early” or “late” days. This regulation would also establish a daily catch limit of no more than seven (7) totes (about 600 lbs.) for Zone 2 harvesters.
For the Whiting & Denny’s Bay Limited Access Area in Zone 2, a 9-day season is set for divers, trappers, rakers and draggers in 2013-2014, which is 5 days longer than the length of the season in 2012-2013. Divers, rakers and trappers will have a choice of fishing 9 days in November through December (“early season”), or 9 days in December through March (“late season”); draggers will have 9 days in December, regardless of which season they choose. In addition, Harvester Logbooks for Zone 2 harvesters (currently located in Ch. 8.20(P) Landings Program for Zone 1) are now enacted.
Based on public comment, the Zone 1 Late Season Dragger calendar has been amended to allow for more access in the month of January. This will help to prevent a glut of product on the market during the month of December, when the majority of calendar days have been chosen for other zones and gears as well as spread landings out into January which will aims to keep processors busy and prices relatively high. Also, based on public comment, the majority of days to access the Whiting & Denny’s Bay area have been amended to be in December, during the overlap of the early and late season calendars to provide equal access to industry members.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6749
EFFECTIVE DATE: July 25, 2013
AGENCY CONTACT PERSON: Trisha DeGraaf
CONTACT INFORMATION: Department of Marine Resources, 21 State House Station, Augusta, ME 04333-0021. Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: Kevin.Rousseau@Maine.gov . Telephone: (207) 624-6554. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing).
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34.10(1)(B), Maine Groundfish Management Plan – Size , Possession and Gear Restrictions; Northeast Multispecies Fishery Regulations Compliance
ADOPTED RULE NUMBER: 2013-173
CONCISE SUMMARY: This rule-making makes permanent the emergency regulation that was adopted for compliance and consistency with Framework 48 and Framework 50 to the Northeast Multispecies Fishery Management Plan and NOAA Fisheries Service regulations effective May 1, 2013. This rule applies to commercial and/or recreational groundfish harvesters in the Gulf of Maine. Specifically, changes to the allowable minimum fish size for certain species of groundfish for both commercial and recreational harvesters are being implemented. The effective date of the Framework 48 change regarding minimum fish sizes was July 1, 2013 to allow states such as Maine the necessary time to come into compliance with these new reduced minimum fish size measures. Emergency rule-making was necessary in order to meet this federal compliance measure timeline.
For commercial fisheries, the minimum size for cod is reduced from 22 inches to 19 inches; for haddock the minimum size is reduced from 18 inches to 16 inches; for witch flounder (gray sole) the minimum size is reduced from 14 inches to 13 inches; for yellowtail flounder the minimum size is reduced from 13 inches to 12 inches; for American plaice (dab) the minimum size is reduced from 14 inches to 12 inches; and for redfish the minimum size is reduced from 9 inches to 7 inches. For recreational fisheries, the minimum haddock size is increased from 18 inches to 21 inches.
The largest overall impact to industry of this rule change is that with minimum sizes for a number groundfish species being reduced, a higher percentage of catch can be landed and not discarded overboard.
EFFECTIVE DATE: July 25, 2013
AGENCY CONTACT PERSON: Terry Stockwell (207) 624-6562
CONTACT INFORMATION: Department of Marine Resources, 21 State House Station, Augusta, ME 04333-0021. Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: dmr.rulemaking@Maine.gov . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 41, Menhaden: 41.30, Menhaden Program
ADOPTED RULE NUMBER: 2013-174
CONCISE SUMMARY: This regular rule-making would make permanent the emergency regulation that was recently adopted reduce the daily catch limit and carrier vessel capacity from a maximum of 250,000 lbs. to 120,000 lbs. as approved by the Atlantic States Marine Fisheries Commission (ASMFC) Atlantic Menhaden Management Board at its May 21, 2013 meeting. This reduction is due to implementation of an episodic fishery provision within Amendment 2 to the Interstate Fishery Management Plan for Atlantic Menhaden.
Amendment 2 responded to the results of a recent stock assessment that concluded that overfishing is occurring. This Amendment established a new interim fishing mortality threshold and target (based on maximum spawning potential or MSP) with the goal of increasing abundance, spawning stock biomass, and menhaden availability as a forage species. This approach is consistent with the recommendations of the most recent stock assessment peer review panel.
The State of Maine is mandated to implement and enforce fisheries management plans of the Atlantic States Marine Fisheries Commission (Commission) under the Atlantic Coastal Fisheries Cooperative Management Act of 1993 (ACFCMA) in order to ensure the responsible and controlled harvest of menhaden in Maine waters. Controlling effort and fishing mortality through reduced landings accomplishes this conservation effort
EFFECTIVE DATE: July 25, 2013
AGENCY CONTACT PERSON: Terry Stockwell (207) 624-6562
CONTACT INFORMATION: Department of Marine Resources, 21 State House Station, Augusta, ME 04333-0021. Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: dmr.rulemaking@Maine.gov . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


ADOPTED RULE NUMBER: 2013-175 - deferred until next week


AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND RULE TITLE: Ch. 270, Uniform Reporting System for Health Care Quality Data Sets (Final adoption, major substantive)
ADOPTED RULE NUMBER: 2013-176
CONCISE SUMMARY: The rule change reduce the duplicative reporting by Maine hospitals; improve access to Healthcare Associated Infection (HAI) outcome measures and all other Centers for Medicare & Medicaid Services (CMS) mandated reporting requirements to the National Healthcare Safety Network (NHSN); and eliminate specific survey reporting requirements for hospitals. This rule will not have a fiscal impact on municipalities, counties or small businesses.
Copies of this rule can be reviewed and printed from the MHDO website at http://mhdo.maine.gov/imhdo/recentlyadoptedrules.aspx or, to receive a paper copy call 287-6722.
EFFECTIVE DATE: August 17, 2013
AGENCY CONTACT PERSON / MHDO RULE-MAKING LIAISON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6724. E-mail: Debra.J.Dodge@Maine.gov .
WEBSITE: http://mhdo.maine.gov/imhdo/ .



AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #08-13
ADOPTED RULE NUMBER: 2013-177 (Emergency)
CONCISE SUMMARY: Minimum August 2013 Class I price is $22.13/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 $25.86/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: August 4, 2013
AGENCY CONTACT PERSON / MMC 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 .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .