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Home > Weekly Rule-making Notices > January 1, 2014

January 1, 2014

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: 02-360 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Professional Land Surveyors
CHAPTER NUMBER AND TITLE: Ch. 70, Continuing Education (repeal and replace); Ch. 80, Fees (repeal)
PROPOSED RULE NUMBER: 2013-P300, P301
BRIEF SUMMARY: The proposed replacement for Ch. 70 reduces the total number of continuing education hours for renewal of a professional land surveyor’s license from 12 to 6 biennially. The proposed replacement retains the list of topics approved for continuing education; the exemption to the continuing education requirement for licensees who are 65 years or older and practice less than 160 hours a year; the reduction in the total number of continuing education hours for an initial license and the record keeping/documentation of continuing education credits. The proposed replacement also clarifies that the 6 hours may be earned either by attending courses, programs, etc. or by instructional programs presented in an electronic or paper format.
The license fees in Ch. 80 are obsolete and the chapter no longer has any legal effect. Since January 15, 2003 license fees for land surveyors have been set by the Director of Professional and Occupational Regulation. The board no longer has authority to set license fees.
The proposed rule is available at www.maine.gov/professionallicensing .
PUBLIC HEARING: January 21, 2014, 9:30 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: January 31, 2014
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 §§ 18225, 18229; 10 MRSA §8003(2-A)(D)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/surveyors/index.htm .
OPOR RULE-MAKING LIAISON: Anne.L.Head@Maine.gov .



AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MLC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #02-14
PROPOSED RULE NUMBER: 2013-P302
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: January 24, 2014, Thursday, starting at 10:30 A.M., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 24, 2014
AGENCY CONTACT PERSON: 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. 331, OFI – Maine Public Assistance Manual, Rule #99P: Ch. V, Post TANF Benefits (pages 1-7), Transitional Services Benefits
PROPOSED RULE NUMBER: 2013-P303
CONCISE SUMMARY: The 126th legislature passed LD 78 – An Act to Expand Transitional Assistance for Families. Some of the transitional transportation changes came from this bill. However, the department also improved and updated the reimbursement rates to more accurately reflect the actual cost of travel, and to recognize that child care and travel expenses are critical components for job stability and long-term employment. This rule is expected to help families transition during a time of vulnerability into self-sustaining lifestyle and job stability.
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: Midnight, January 24, 2014.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: 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 .
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(1), 3762(3)(A), 3769-A, 3762(8)
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 27, Transfers of Ownership Interests
PROPOSED RULE NUMBER: 2013-P304
BRIEF SUMMARY: This Rule applies to changes of ownership interests in multifamily and supportive housing projects on which Maine State Housing Authority ("MaineHousing") holds a mortgage given to secure financing provided for the project. The Rule applies to the outright transfer of a MaineHousing-financed project to a new owner along with the assumption by the new owner of the existing MaineHousing mortgage loan obligations. The Rule also applies to a significant shift in ownership interest within a business entity that continues to own the MaineHousing-financed project. This rule repeals and replaces in its entirety the current Ownership Transfers rule.
A copy of the proposed rule may be found at www.mainehousing.org .
PUBLIC HEARING: A public hearing will be held on Tuesday, January 21, 2014 at 9:30 a.m. at Maine State Housing, 353 Water Street, Augusta, Maine 04330-4633. Maine State Housing Authority’s office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communications auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
COMMENT DEADLINE: January 31, 2014 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4656. TTY: (800) 452-4603. E-mail: luhl@mainehousing.org .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRSA §4741.1.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above.
WEBSITE: www.mainehousing.org .



AGENCY: 16-633 – Department of Public Safety (DPS), Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 2, Licenses and Applications
PROPOSED RULE NUMBER: 2013-P305
BRIEF SUMMARY: All persons participating in the operation, distribution, and maintenance of slot machines or table games and slot machine facilities or casinos must apply for and be granted the appropriate license as specified by 8 MRSA §§ 1011-1020 and submit documentation as required by this rule.
DETAILED BASIS STATEMENT / SUMMARY: All persons participating in the operation, distribution, and maintenance of slot machines or table games and slot machine facilities or casinos must apply for and be granted the appropriate license as specified by 8 MRSA §§ 1011-1020. This rule identifies the documents and information that an applicant for licensure may be required to submit, the criteria the Board will use to evaluate an application, and the types of job duties that do not require an employee license. The rule has been amended to remove the reference to communications protocol agreements, which are no longer used. In evaluating the applications of slot machine and table games distributors and gambling services vendors, the Board will no longer consider the adequacy of the company's business plan. In the Board's experience, the applicants for these licenses are established companies and reviewing a business plan does not aid in determining whether to issue a license. The section addressing employee licenses has been amended so that acting as sales representatives of a slot or table games distributor or gambling services vendor will no longer be among the duties that do not qualify for a waiver. Finally, in all instances where the rule previously used "key applicant" or "key employee," it now uses "key executive" to be consistent with the language of the statute.
CHAPTER NUMBER AND TITLE: Ch. 3, Control of Licensees
PROPOSED RULE NUMBER: 2013-P306
BRIEF SUMMARY: The rule identifies how long certain documents must be retained by a licensee and information that must be disclosed by a licensee. It also requires employers to conduct a background check on certain employees and prohibits certain interested parties from gambling.
DETAILED BASIS STATEMENT / SUMMARY: In order to monitor the business and accounting records of licensees, the rule identifies documents that must be made available to the Board and imposes a retention schedule for these documents. It also requires licensees to update the Board when there are material changes in the information provided on an application and to provide the information required or requested by the Board pertaining to licensing. Licensees must disclose those authorized to act and to accept service on their behalf in Maine. Licensed operators, distributors, and vendors must conduct a reasonable background investigation of employees whose duties relate to or involve the conduct of gambling to reasonably ensure the employee is eligible and suitable for employment. Owners, directors, officers, key executives, and managerial employees of a casino or slot facility, licensed employees, and anyone who shares finances with any of the aforementioned may not play any game at a casino or slot facility unless it is part of a training or testing. In addition, Board members, Board staff, and members of the Department of Public Safety working with the Board may not gamble in a Maine licensed casino or slot facility. Finally, operators, distributors, and vendors may enter contracts in connection with their license only if the consideration is commercially reasonable.
CHAPTER NUMBER AND TITLE: Ch. 4, Licensee Records
PROPOSED RULE NUMBER: 2013-P307
BRIEF SUMMARY: The rule identifies the records that licensees must retain for Board review, as necessary, and establishes the schedule for submission of certain records to the Board for review.
DETAILED BASIS STATEMENT / SUMMARY: Licensees are required to keep, and provide to the Board upon request, certain ownership records. The precise records required vary depending upon whether the licensee is a corporation, limited liability company, etc., and upon whether or not the licensee is publicly traded. The rule also requires that licensees maintain records of transactions (accounting records) and that they file certain reports and data with the Board on a daily, weekly, monthly, and annual basis. The Board will no longer require licensees to prepare and submit annual compliance reports addressing compliance with (1) procedures to ascertain that gross receipts are determined and state taxes paid in conformity with statute; (2) Board approved internal control, accounting, ticket, and dispute procedures; and (3) minimum internal control procedures. Licensees may be required to undergo a special audit at their own expense.
CHAPTER NUMBER AND TITLE: Ch. 5, Internal Controls
PROPOSED RULE NUMBER: 2013-P308
BRIEF SUMMARY: This rule outlines the minimum internal control procedures to be followed by licensed gambling facilities and explains how those facilities may obtain permission to deviate from these procedures.
DETAILED BASIS STATEMENT / SUMMARY: The rule defines "emergency drop" and "emergency situation" in order to clarify when an unscheduled drop is appropriate. Regulatory language was removed from the definitions section, and duplicative definitions were removed other sections of the rule. The process for slot machine jackpot payouts has been changed such that casinos or slot facilities are now required to record the reference to the winning combination of reel characters constituting the jackpot and fewer witnesses and signatures are necessary throughout the jackpot payout process. Instead, all jackpots will now be paid out under camera coverage and the recording shall be saved for a minimum of seven days. The rule adds a requirement that licensed employees wear or display their employee license. Cross fills are now prohibited. The location of the card game drop box will be subject to the approval of the Board.
CHAPTER NUMBER AND TITLE: Ch. 6, Ticket Redemption
PROPOSED RULE NUMBER: 2013-P309
BRIEF SUMMARY: The title of the rule is being amended to more accurately reflect the content of the rule.
DETAILED BASIS STATEMENT / SUMMARY: The rule requires slot machine and casino operators to redeem tickets in accordance with procedures that the operator proposes and the Board approves. Tickets may be redeemed at designated places on the licensee's premises within one year of the issuance of the ticket or the date of the jackpot. In order for credits to be paid, the ticket must be legible, valid, and on paper approved by the Board. Credits must be paid immediately and may not be paid in chips, tokens, or merchandise. Once redeemed, tickets must be marked, defaced, or electronically cancelled to prevent subsequent presentment and payment. The rule does not directly address forfeited winnings, so this reference will be removed from the title of this rule.
CHAPTER NUMBER AND TITLE: Ch. 7, Collection of Payments
PROPOSED RULE NUMBER: 2013-P310
BRIEF SUMMARY: The rule requires that fees, fines, and charges be submitted by check, money order, or electronic wire transfer. Operators shall submit the percentages of slot machine and table game income as required by statute.
DETAILED BASIS STATEMENT / SUMMARY: The rule requires that fees, fines, and charges be submitted by check, money order, or electronic wire transfer. Operators shall pay to the Board the percentages of slot machine and table game income as required by statute. The income numbers supplied by the central site monitoring system control if there is any dispute regarding the amount owed based upon slot machine income. The operators' payments shall be submitted on a weekly basis to the Board.
CHAPTER NUMBER AND TITLE: Ch. 8, Slot Machines and Table Games: Location and Hours of Operations
PROPOSED RULE NUMBER: 2013-P311
BRIEF SUMMARY: The placement of slot machines and table games must be approved by the Board and they must be placed in a location that is monitored at all times. The rule is being amended to remove the reference to Uniform Location Agreements.
DETAILED BASIS STATEMENT / SUMMARY: All slot machines on a licensee's premises must be monitored by employees to prevent play by persons under age 21. Slot machines and table games must also be under continuous closed circuit television monitoring. The operator must submit a floor plan showing slot machine and table game location and security cameral location. Placement of slot machines and table games on the premises is subject to Board approval. There are no restrictions on an operator's hours of operation, but security must be present consistent with the operator's Board approved security plan. A TMs may not be located on the gaming floor. The Board will no longer require that the perimeter of the gaming floor be shown on the Uniform Location Agreement.
CHAPTER NUMBER AND TITLE: Ch. 10, Slot Machine Maintenance
PROPOSED RULE NUMBER: 2013-P312
BRIEF SUMMARY: Before an approved slot machine may be placed in operation, the operator must ensure that its personnel are trained in that model's maintenance and repair. A log will be kept in each machine, and anyone accessing the machine will make a notation in the log.
DETAILED BASIS STATEMENT / SUMMARY: No slot machine may be placed in Maine until the operator has provided its personnel with sufficient and appropriate training in the service and repair of the slot machine model. Each machine will have a Machine Entry Authorization Log (M.E.A.L.) in the cabinet access area, and every person who enters the machine for maintenance or repair shall sign the M.E.A.L. and provide required information. The M.E.A.L. will be retained by the operator for three years from the date of the last entry and shall be made available to the Board or the department upon request. An amendment to the rule requires a notation in the M.E.A.L. any time a person gains entry into the machine.
CHAPTER NUMBER AND TITLE: Ch. 11, Transportation of Slot Machines and Table Games
PROPOSED RULE NUMBER: 2013-P313
BRIEF SUMMARY: The rule establishes a method for tracking the movement of slot machines and table games between operators and distributors in Maine. It also outlines the process for registering slot machines and table games.
DETAILED BASIS STATEMENT / SUMMARY: Before a slot machine or table game may be transported into Maine, the distributory must obtain permission from the Executive Director of the Board and must provide certain information. The operator or distributory receiving the slot machine or table game must also report certain information to the Board. Once a machine is in the state, it may be transported by an entity approved by the Board between locations in the State or by an operator who obtains approval from the Board or its designee. Slot machines and table games may be transported out of Maine by a distributor or an entity approved by the Board. All slot machines and table games must be inspected and marked with a registration decal before being placed in use, and the decal must be removed by Department personnel before the machine is transported out of state or transported for destruction.
CHAPTER NUMBER AND TITLE: Ch. 14, Advertising
PROPOSED RULE NUMBER: 2013-P314
BRIEF SUMMARY: One subsection of the rule is being changed to refer to the gaming area instead of the slot machine area.
DETAILED BASIS STATEMENT / SUMMARY: Currently the rule requires casino operators and slot machine facilities to include in their advertising a sentence stating that those under age 21 may not be present in the slot machine area. The reference to "slot machine area" is being replaced with "gaming area" to be consistent with the types of games that may be offered at a casino.
CHAPTER NUMBER AND TITLE: Ch. 18, Responsible Gaming Programs
PROPOSED RULE NUMBER: 2013-P315
BRIEF SUMMARY: The compulsive gambling program requirements are now set forth in Ch. 13. This rule requires that an operator have programs to address compulsive gambling, alcohol service, minors, and marketing. It permits casinos to continue enforcing a self-exclusion list created before the adoption of the program in rule Ch. 13.
DETAILED BASIS STATEMENT / SUMMARY: Slot machine and casino operators must have programs in place to promote responsible gaming and responsible alcohol service. The operators must also have a program designed to prevent minors from gambling and from purchasing alcohol or tobacco at the licensee's premises. Finally, there must be a marketing program identifying the procedures to prevent marketing materials from being sent to a person who has self-excluded or who has requested that they not receive such communications. The rule provides that an operator may continue to enforce a self-exclusion list created prior to the Board-run self-exclusion program.
CHAPTER NUMBER AND TITLE: Ch. 20, Slot Machine Standards
PROPOSED RULE NUMBER: 2013-P316
BRIEF SUMMARY: Any slot machine designated for shipment to Maine must meet or exceed the standards outlined in the Maine Slot Machine Standards approved and adopted by the Board.
DETAILED BASIS STATEMENT / SUMMARY: Any slot machine designated for shipment to Maine must meet or exceed the standards outlined in the Maine Slot Machine Standards approved and adopted by the Board.
CHAPTER NUMBER AND TITLE: Ch. 23, Gambling Addiction Counseling Services
PROPOSED RULE NUMBER: 2013-P317 (repeal)
BRIEF SUMMARY: The Gambling Control Board may allocate certain funds appropriated to it by the Legislature for gambling addiction services. Only counselors certified by the State of Maine as Problem Gambling Counselors shall be eligible for payment of services.
DETAILED BASIS STATEMENT / SUMMARY: The Gambling Control Board may allocate certain funds appropriated to it by the Legislature for gambling addiction services. Only counselors certified by the State of Maine as Problem Gambling Counselors shall be eligible for payment of services.
CHAPTER NUMBER AND TITLE: Ch. 25, Approval of Table Games Rules of Play
PROPOSED RULE NUMBER: 2013-P318
BRIEF SUMMARY: The rule establishes the process for approval of table games and identifies criteria to be considered in evaluating the game for approval.
DETAILED BASIS STATEMENT / SUMMARY: Table game rules of play must be approved before the game can be conducted at a casino. The Board will consider conformity with industry standard rules, the object of the game, physical characteristics, clarity, and whether the rules ensure that the game will be played with integrity when evaluating table game rules for approval. Once the Board has approved the rules of a game for one Maine licensed casino, another licensed casino may submit rules for the same game to the Executive Director of the Board. The Executive Director may approve those rules if they are not materially different from the rules of play previously approved by the Board.
CHAPTER NUMBER AND TITLE: Ch. 27, Rules of Practice and Procedure of Gaming Conduct
PROPOSED RULE NUMBER: 2013-P319
BRIEF SUMMARY: This rule establishes procedures for the investigation and resolution of complaints received by the Gambling Control Board. This rule should be read in conjunction with the statutory provisions for adjudicatory proceedings in the Maine Administrative Procedure Act. The rule helps to ensure that the investigation and resolution of complaints is handled in an expeditious and procedurally fair manner.
DETAILED BASIS STATEMENT / SUMMARY: This rule establishes procedures for the investigation and resolution of complaints received by the Gambling Control Board. Complaints must be submitted in writing and the Department of Public Safety may initiate a complaint. Complaints will be investigated by the Department or its designee. A licensee must be notified of the content of the complaint and must respond to the Board in writing to contest the complaint or dispute the information forming the basis of the complaint. Complaints will be reviewed by a complaint committee, and then that committee will make a recommendation to the Board for further action. The licensee may be present for the complaint committee's recommendation to the Board, but may not participate. The committee may recommend any action authorized by statute. If the Board determines that a notice of violation and proposed sanction should be sent to the licensee, the licensee will have the opportunity to request a hearing. Hearings will be conducted in accordance with the provisions of the Administrative Procedure Act.
PUBLIC HEARING: January 21, 2014 – 11 a.m. - 45 Commerce Drive, Suite 3, Augusta, ME
COMMENT DEADLINE: February 1, 2014
CONTACT PERSON FOR THESE FILINGS / SMALL BUSINESS INFORMATION: Patrick J. Fleming, Gambling Control Board (DPS), 42 State House Station, Augusta, ME 04333. Telephone: (207) 626-3901. E-mail: Patrick.J.Fleming@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any)
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA ch..31 §1003
SUBSTANTNE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DPS RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .


ADOPTIONS


AGENCY: 16-222 - Department of Public Safety (DPS), Maine State Police / State Bureau of Identification
CHAPTER NUMBER AND TITLE: Ch. 14, Rules Relating to the Sex Offender Registration and Notification Act of 1999; Ch. 15, Rules Relating to the Sex Offender Registration and Notification Act of 2013
ADOPTED RULE NUMBER: 2013-326, 327
CONCISE SUMMARY: Ch. 14 is being amended to add various definitions to the rule, as well as to state certain requirements applicable to photographs submitted by registrants to the State Bureau of Identification. The rule also accounts for a circumstance in which the duty of registrants’ to verify information pursuant to the law may be suspended. Ch. 15 is being proposed to add various definitions to a new rule that will be applicable to the SORNA 2013, as well as to state certain requirements applicable to photographs submitted by registrants to the State Bureau of Identification. The new rule also will account for a circumstance in which the duty of registrants’ to verify information pursuant to the law may be suspended.
EFFECTIVE DATE: December 25, 2013
AGENCY CONTACT PERSON: Matt Ruel, Department of Public Safety, Maine State Police, State Bureau of Identification, 45 Commerce Drive, Suite 1, 42 State House Station, Augusta, ME 04333-0042. Telephone: (207) 624-7241. E-mail: Matthew.R.Ruel@Maine.gov .
WEBSITE: http://www.maine.gov/dps/Sbi/ .
DPS RULE-MAKING LIAISON: Christopher.Parr@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. II Section 13, Targeted Case Management
ADOPTED RULE NUMBER: 2013-328 (Emergency)
CONCISE SUMMARY: This emergency rule updates the Targeted Case Management (TCM) policy to include the Child and Adolescent Needs and Strength (CANS) assessment as an approved TCM eligibility tool. The Department will no longer fund the Child and Adolescent Functional Assessment Scales (CAFAS) as of January 31, 2014 and must have the CANS in place to assure that providers who cannot self fund the CAFAS have an approved tool to evaluate members for TCM eligibility. Without the immediate implementation of these changes, MaineCare members' access to medically necessary services is at risk.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: December 20, 2013
AGENCY CONTACT PERSON: Ann O’Brien, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011.
Telephone: (207) 624-4405. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Ann.OBrien@Maine.gov .
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)
CHAPTER NUMBER AND TITLE: Ch. 331, OFI – Maine Public Assistance Manual, Rule #99E: Ch. V, Post TANF Benefits (pages 1-7), Transitional Services Benefits
ADOPTED RULE NUMBER: 2013-329 (Emergency)
CONCISE SUMMARY: The 126th legislature passed LD 78 – An Act to Expand Transitional Assistance for Families. Some of the transitional transportation changes came from this bill. However, the department also improved and updated the reimbursement rates to more accurately reflect the actual cost of travel, and to recognize that child care and travel expenses are critical components for job stability and long-term employment. This rule is expected to help families transition during a time of vulnerability into self-sustaining lifestyle and job stability. This rule has a retroactive adoption date of October 1, 2013.
EFFECTIVE DATE: October 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 .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rule #272A: Part 4, Family-Related Budgeting, Section 2, Family-Related Income Limits
ADOPTED RULE NUMBER: 2013-330
CONCISE SUMMARY: Under the current version of MaineCare eligibility rules, parent or caretaker relatives of MaineCare recipients are said to be eligible for benefits if they meet certain countable income limits, as defined in Part 4, Section 2 of the MaineCare Eligibility Manual. Specifically, such relatives are currently said to be eligible if they have a countable income equal to or less than 133% of the federal poverty limit.
This rule implements Public Law 2011 ch. 657 Part Z, §Z-1 (which amended 22 M.R.S. §3174-G, sub-§1, ¶E)) to reduce the income limit for MaineCare coverage of parents and caretaker relatives from 133% to 100% of the nonfarm income official poverty line.
EFFECTIVE DATE: January 1, 2014
AGENCY CONTACT PERSON: R.W. Bansmer, Jr., MaineCare Senior 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) 624-4105. TTY: 711 (Maine Relay). E-mail: Reinhold.Bansmer@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MLC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #01-14
ADOPTED RULE NUMBER: 2013-331 (Emergency)
CONCISE SUMMARY: Minimum January 2014 Class I price is $24.73/cwt. plus $1.40/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 $28.33/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: December 29, 2013
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/about/boards/milk_commission/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .