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Home > Weekly Rule-making Notices > August 21, 2013

August 21, 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: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 55, Gear Restrictions
PROPOSED RULE NUMBER: 2013-169
CONCISE SUMMARY: The Maine Department of Marine Resources (DMR) proposes a number of minor rule changes to Ch. 55, Gear Restrictions. Among them:
- A proposed rule in Ch. 55.06 to enact a minimum 1/8” mesh size on any net or trap set in any tidal river, brook, stream or other watercourse in order to better clarify elver fishing requirements and enforcement efforts;
- A proposed rule that would make permanent an earlier emergency rule-making in Ch. 55.07 which prohibited the placement of nets in watercourses within Maine territorial waters between noon February 1 and noon March 22 annually in order to conserve marine, estuarine, and diadromous species including, but not limited to: rainbow smelt, Atlantic tomcod, sea-run brook trout, winter flounder, and American eel.
- A proposed rule in Ch. 55.08 that would make it illegal to fish for, take or transport to the surface any marine organism by pump, vacuum, suction or any type of mechanical pumping. Herring, menhaden and rockweed harvesting would be exempted from this provision.
- A proposed rule to allow elver dip nets to also be used for elver harvesting in the Sheepscot River. Currently, Ch. 55.30 only allows elver fyke nets to be used in this area.
- A proposed deletion of a Penobscot River fishing closure in Ch. 55.58 as a result of the removal of the Veazie dam.
- A proposed rule to change the date of the Kenduskeag Stream closure from July 16 to July 1 through September 30 in Ch. 55.59. The July 1 closure date will match the closure date of the adjacent freshwater section upstream of the Harlow Street Bridge. This rule would also parallel Department of Inland Fisheries and Wildlife regulations and match the closure dates of other Penobscot River tributaries in the area. If implemented, this proposed rule would clear up misinterpretations and confusion as to legal fishing timeframes on this specific body of water.
PUBLIC HEARING: September 10, 2013. DMR Boothbay Harbor Laboratory, 194 McKown Point Road, Boothbay Harbor. Main Conference Room. 3 p.m.
DEADLINE FOR COMMENTS: September 23, 2013
To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSONS:
(Acting) LT. Rene Cloutier (207-633-9595), Div. 1 West of the St. George River
LT. Dale Sprowl (207-667-3373), Div. 2 East of the St. George River
Mail Written comments to: Attn: K. Rousseau, DMR Rule-making Liaison, Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Website: http://www.maine.gov/dmr/rulemaking/ . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .



AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 702, Appeals of Decisions of the Executive Director
PROPOSED RULE NUMBER: 2013-P170
COMMENT DEADLINE: September 27, 2013, 5:00 p.m. EDT
BRIEF SUMMARY: The amendment makes the appeals process clearer and more efficient.
PUBLIC HEARING: September 12, 2013, 1:00 p.m. EDT, Maine Public Employees Retirement System, 96 Sewall Street, Augusta, Maine
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Michael J. Colleran, MainePERS, 46 State House Station, Augusta, ME 04333. Telephone: (207) 512-3107. Fax: (207) 512-3282. E-mail: Michael.Colleran@MainePERS.org .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 M.R.S. §§ 8051, 17103(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MainePERS RULE-MAKING LIAISON: Kathy.Morin@MainePERS.org .
WEBSITE: http://www.mainepers.org/ .



AGENCY: 18-553 – BABLO: Bureau of Alcoholic Beverages and Lottery Operations / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 30, Hot Lotto Rules
PROPOSED RULE NUMBER: 2013-P171
BRIEF SUMMARY: This amendment updates the existing rules governing the draw jackpot game Hot Lotto. The amendment to the rules is necessary because of financial technical game changes to Hot Lotto as determined by the Multi-State Lottery Association. In order to sell Hot Lotto tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions for the major components of the rules for Hot Lotto as required by Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Hot Lotto 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: September 25, 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: 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/
DEPARTMENTAL RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 02: Department of Professional and Financial Regulation (PFR):
029 - Bureau of Financial Institutions (Ch. 138 – Regulation 38), jointly with
030 - Bureau of Consumer Protection (Ch. 240)
CHAPTER TITLE: Truth-in-Lending, Regulation Z-3
PROPOSED RULE NUMBER: 2013-P172, 173
BRIEF SUMMARY: This promulgation, which will become known as Regulation Z-3, requires creditors to comply with the regulations issued by the CFPB in 12 C.F.R. Part 1026 and 12 C.F.R. Part 1013, including those Regulation Z and Regulation M rules issued since July 21, 2011, the majority of which become effective in January 2014.
A copy of the proposed rule and statement of impact on small business may be obtained at www.maine.gov/pfr/financialinstitutions .
DETAILED BASIS STATEMENT / SUMMARY: This regulation is part of the State of Maine’s ongoing efforts to harmonize State truth-in-lending laws with federal truth-in-lending laws. It requires creditors to comply with federal Regulation Z, now codified at 12 C.F.R. Part 1026, and federal Regulation M, now codified at 12 C.F.R. Part 1013, issued by the Consumer Financial Protection Bureau (CFPB). It will thus provide additional consumer credit protections to Maine consumers, ease compliance burdens on Maine creditors, and preserve the Bureaus’ ability to enforce truth-in-lending laws applicable to Maine-chartered and Maine licensed lenders.
In 2011, Maine enacted P.L. ch. 427, “An Act to Amend the Maine Consumer Credit Code to Conform with Federal Law” (Maine Conforming Act). Among other things, the Maine Conforming Act provides that, “[n]otwithstanding any other law, a creditor shall comply with the Federal Truth in Lending Act … and its implementing regulations, Regulation Z … and Regulation M … including any final regulations issued on or before July 21, 2011.” The purpose of enactment was, in part, to harmonize Maine’s truth-in-lending laws with federal truth-in-lending laws in order to ensure the preservation of Maine’s exemption under Regulation Z pursuant to law now codified at 12 C.F.R. §1026.29, thereby allowing for the continuation of state enforcement of truth-in-lending laws applicable to State-chartered and State-licensed lenders. The Maine Conforming Act also makes creditors that are not supervised financial organizations or the MaineHousing subject to certain enhanced restrictions set forth in 9-A, M.R.S. §8-506, in addition to the requirements now set forth in federal Regulation Z, 12 C.F.R. Part 1026, and federal Regulation M, 12 C.F.R. Part 1013. Shortly after the effective date of the Maine Conforming Act, the Bureau of Financial Institutions and the Bureau of Consumer Credit Protection repealed their joint rule known as Truth-in-Lending, Regulation Z-2, because it had been superseded by the new State law.
In 2010, the federal Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. 111-203 (Dodd-Frank Act) created the CFPB and gave it responsibility over the federal Truth-in-Lending Act and the Consumer Leasing Act. Using its new authority, the CFPB re-codified Regulation Z (Truth-in-Lending) and Regulation M (Consumer Leasing) as 12 C.F.R. Parts 1026 and 1013, respectively, and began modifying those regulations consistent with the requirements of the Dodd-Frank Act.
This promulgation, which will become known as Regulation Z-3, requires creditors to comply with the regulations issued by the CFPB in 12 C.F.R. Part 1026 and 12 C.F.R. Part 1013, including those Regulation Z and Regulation M rules issued since July 21, 2011, the majority of which become effective in January 2014.
The CFPB’s new regulations include:
* 76 FR 79768, establishing a new and discrete codification of Regulation Z;
* 76 FR 78500, establishing a new and discrete codification of Regulation M;
* 78 FR 11280, implementing requirements and restrictions concerning loan originator compensation, qualifications of, and registration or licensing of loan originators, compliance procedures for depository institutions, mandatory arbitration, and financing of single-premium credit insurance;
* 78 FR 10902, regarding mortgage loan servicing;
* 78 FR 10368, requiring appraisals for “high-risk mortgages”;
* 78 FR 6856, expanding the types of mortgage loans subject to the Home Ownership and Equity Protections Act of 1994 (HOEPA);
* 78 FR 6408, delineating requirements for creditors to determine a consumer’s ability to repay consumer credit transactions secured by a dwelling, establishing protections from liability for “qualified mortgages,” and limiting prepayment penalties;
* 78 FR 4726, lengthening the time for which mandatory escrow accounts established for higher-priced mortgage loans must be maintained;
* 78 FR 25818 which amends the ability to pay requirements for credit card accounts;
* 78 FR 30739 which clarifies and makes technical amendments to 78 FR 4726, the final rule which, among other things, lengthens the time for which a mandatory escrow account established for a higher-priced mortgage loan must be maintained;
* 78 FR 32547 regarding loan originator compensation requirements, prohibition on financing credit insurance premiums and the delay of effective date; and
* 78 FR 35430 providing an exemption from the ability to pay requirements for creditors with certain designations, loans pursuant to certain programs, certain non-profit creditors, and mortgage loans made in connection with certain federal emergency economic stabilization programs; providing an additional definition of a qualified mortgage for certain loans made and held in portfolio by small creditors; providing a temporary definition of a qualified mortgage for balloon loans, and; modifying the requirements regarding the inclusion of loan originator compensation in the points and fees calculation.
* 78 FR 44686 which clarifies the implementation dates for the adjustable rate mortgage provisions of Regulation Z, and clarifies that construction, bridge and reverse mortgages are not subject to its requirements regarding repayment abilities and prepayment penalties for higher priced mortgage loans.
This regulation also directs creditors subject to the enhanced restrictions in 9-A M.R.S. §8-506 to comply with the restrictions in 9-A M.R.S. §8-506 using as authority 12 C.F.R. Part 1026 rather than 12 C.F.R. Part 226.
PUBLIC HEARING: None proposed. One may be requested by contacting Christian D. Van Dyck at Christian.D.VanDyck@Maine.gov .
COMMENT DEADLINE: Data, views or arguments must be submitted by Monday, September 23, 2013 to Christian D. Van Dyck at Christian.D.VanDyck@Maine.gov.
CONTACT PERSON FOR OBTAINING ADDITIONAL INFORMATION, INCLUDING SMALL BUSINESS INFORMATION, OR A PRINTED VERSION OF THE PROPOSED RULE: Christian D. Van Dyck, Attorney, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0035. Telephone: (207) 624-8574. E-mail: Christian.D.VanDyck@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 9-A M.R.S. §§ 1-102, 6-104 and 8-504, and 8-507
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: CFPB 12 CFR Parts 1026 and 1013
PFR WEBSITE: http://www.maine.gov/pfr/index.shtml .
PFR RULE-MAKING LIAISON: Anne.L.Head@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 115, Principles of Reimbursement for Residential Care Facilities - Room and Board Costs.
PROPOSED RULE NUMBER: 2013-P174
CONCISE SUMMARY: This gives notice of a proposed rule: 10-144 Ch. 115, Principles of Reimbursement for Residential Care Facilities - Room and Board Costs. This rule is being proposed in order to comply with Resolve 2011, ch. 106 (LD 790) and proposed the following changes:
(1) Effective October 25, 2013, for an energy efficient improvement to be reimbursable, in addition to any other standards required by Ch. 115, including the $35,000 prior approval requirement, the energy efficient improvement must be recommended as a cost-effective energy efficient improvement in an energy audit conducted by an independent energy audit firm, as evidenced in a written document, or must be determined to be cost-effective by the Efficiency Maine Trust, established in 35-A MRSA Sec. 10103, as evidenced in a written document; and,
(2) Effective July 8, 2011, the rule changes the prior approval requirement to projects over $350,000. The rule also excludes costs for energy efficiency improvements, for replacement equipment, for information systems, for communications systems and parking lots and garages from the cost of the project.
However, all such costs will continue to be reviewed and audited for allowable costs, in compliance with Ch. 115 regulations. Providers should also note that the Department is engaged in discussions with the Centers for Medicare and Medicaid Services (CMS) concerning PNMI funding. If the MaineCare PNMI regulations change, that may impact the reimbursement of room and board for PNMIs under this Ch. 115, which is a state only funded program. The Department advises providers to consider these factors when making their investment decisions.
Note that the $350,000 prior approval provision is retroactive to July 8, 2011 – the date the Governor signed the resolve into law. The retroactive application of this provision is lawful under the Maine Administrative Procedure Act since: (a) it provides a benefit to providers and (b) it was the intent of the Legislature that it take effect immediately on an emergency basis. The energy efficiency project provision, however, cannot be applied retroactively since it places a burden on providers to obtain written documentation of cost-effectiveness.
The Department does not anticipate that this rule-making will cause any actual or potential public controversy. This rule-making will not yield any new administrative burdens or compliance-related costs that could fiscally impact municipal or county governments.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: September 9, 2013, 1 p.m. to 2 p.m., Conference Room 1, Department of Health and Human Services, Office of MaineCare Services, 242 State Street, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before September 5, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 19, 2013.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Michael J. Dostie Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6124. Fax: (207) 287-9369, TTY: 711 (Deaf or Hard of Hearing). E-mail: Michael.Dostie@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §42(8); Resolve 2011 ch. 106 (LD 790)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Resolve 2011 ch. 106 (LD 790)
OMS 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), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE-TANF Program Rules, Rule #19P: Section 17, TANF Time Limit Extensions, Pre-Termination Notice and Conference and Temporary Hardship Extensions
PROPOSED RULE NUMBER: 2013-P175
CONCISE SUMMARY: This rule permanently adopts changes previously made to implement biennial budget provisions concerning a 60-month lifetime on limit on TANF eligibility absent qualification for an extension or exemption. This rule revises the extension and exemption provisions to clarify intent, and 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.
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: Midnight, September 20, 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, 3762(3)(A),3769-A
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 14-118 - Department of Health and Human Services (DHHS), Substance Abuse and Mental Health Services
CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing the Controlled Substances Prescription Monitoring Program, Section 5: Requirements for Dispensers
PROPOSED RULE NUMBER: 2013-P176
BRIEF SUMMARY: Change Section 5, Paragraph 2, Part D, Requirements for Dispensers:
From: within seven (7) days of the controlled substance being dispensed.
To: within twenty four (24) hours of the controlled substance being dispensed
PUBLIC HEARING: N/A
COMMENT DEADLINE: September 20, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Guy Cousins, 41 Anthony Avenue, Augusta, Maine 04333-0011. Telephone: (207) 287-2595. E-mail: Guy.Cousins@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §7246
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
RELATED WEBSITES: http://www.maine.gov/dhhs/ and http://www.maine.gov/dhhs/samhs/osa
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 104, Maine State Services Manual: Section 4, Maine Part D Wrap Benefits
ADOPTED RULE NUMBER: 2013-202 (Emergency)
CONCISE SUMMARY: The emergency rule will eliminate Medicare Part D prescription drug copayments for Medicare Savings Program members who are not also eligible for and receiving the full MaineCare benefit. This change is being made pursuant to PL 2013 ch. 368 Part A Section A-34, and Part UU Section UU-1, of the State of Maine Biennial Budget.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: August 9, 2013
AGENCY CONTACT PERSON: Ann O’Brien, Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Ann.Obrien@Maine.gov .
OMS 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, Hunting and Trapping: 4.02, Migratory Bird Hunting
ADOPTED RULE NUMBER: 2013-203
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing the season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 2013 - 2014 Migratory Bird Hunting season. These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treaty Act. Detailed rules may be obtained from the Agency Contact Person and will also be available at License Agent locations throughout the State.
EFFECTIVE DATE: August 19, 2013
AGENCY CONTACT PERSON / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/