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Home > Weekly Rule-making Notices > January 22, 2014

January 22, 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: 29-250 - Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 151, Rules Governing Enforcement of the Federal Heavy Vehicle Use Tax
PROPOSED RULE NUMBER: 2014-P006
BRIEF SUMMARY: This rule sets forth the provisions for complying with the Federal Heavy Vehicle Use Tax in the State of Maine. Every state is required to enforce the provisions of the Federal Heavy Vehicle Use Tax as a part of their commercial vehicle registration program. Failure to do so, subjects a state to potential loss of up to 25 percent of their federal highway funds.
DETAILED BASIS STATEMENT / SUMMARY: This rule sets forth the provisions for complying with the Federal Heavy Vehicle Use Tax in the State of Maine. Every state is required to enforce the provisions of the Federal Heavy Vehicle Use Tax as a part of their commercial vehicle registration program. Failure to do so, subjects a state to potential loss of up to 25 percent of their federal highway funds.
Motor vehicles registered for a gross weight of 55,000 pounds or more are subject to Federal Heavy Vehicle Use Tax. Owners of these vehicles are required to file annual Federal Heavy Vehicle Use Tax reports with the Internal Revenue Service. Registrants are then required to submit proof of Federal Heavy Use Tax payment to their state Motor Vehicle Department as a part of the vehicle registration process.
The rule is being amended to facilitate HVUT administration by removing the requirement to deny fuel use decals to registrants suspended for failure to comply with HVUT requirements. The reinstatement fee for restoring suspended registrations also is being updated.
PUBLIC HEARING: February 14, 2014 @ 9 a.m., Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME 04333
COMMENT DEADLINE: February 27, 2014
CONTACT PERSON FOR THIS FILING/ SMALL BUSINESS INFORMATION: Garry Hinkley, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 29A MRSA §504(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Robert.O’Connell@Maine.gov .



AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 110 (New), Non-governmental Registration Agent Requirements
PROPOSED RULE NUMBER: 2014-P007
BRIEF SUMMARY: This rule establishes the requirements for non-governmental registration agents pursuant to 29-A MRSA §204. The rule sets forth requirements for training, equipment and software, reporting, inventory control, audit, and suspension and hearings for registration agents. A registration agent may be authorized to collect registration, title and related taxes and fees, and to issue registration credentials and indicia. A registration agent is authorized and required to transmit registration data to BMV. A registration agent may be authorized to process motor vehicle registrations, and annual and long term trailer registrations. A registration agent may be authorized to have plate and validation inventory, and to issue motor vehicle credentials.
DETAILED BASIS STATEMENT / SUMMARY: This rule establishes the requirements for non-governmental registration agents pursuant to 29-A MRSA §204. The rule sets forth requirements for training, equipment and software, reporting, inventory control, audit, and suspension and hearings for non-governmental registration agents. A registration agent may be authorized to collect registration, title and related taxes and fees, and to issue registration credentials and indicia. A registration agent is authorized and required to transmit registration data to BMV. A registration agent may be authorized to process motor vehicle registrations, and annual and long term trailer registrations. A registration agent may be authorized to have plate and validation inventory, and to issue motor vehicle credentials.
PUBLIC HEARING: February 14, 2014 @ 9:30 a.m., Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME 04333
COMMENT DEADLINE: February 27, 2014
CONTACT PERSON FOR THIS FILING/ SMALL BUSINESS INFORMATION: Garry Hinkley, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRSA §204
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Robert.O’Connell@Maine.gov .



AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 103, Rules for Vehicle Dealers, Auctions, Transporters, Recyclers, Mobile Crushers and Loaners
PROPOSED RULE NUMBER: 2014-P008
BRIEF SUMMARY: This rule establishes the requirements for licensing and for receipt of registration plates for vehicle dealers, persons in the business of conducting vehicle auctions, vehicle recyclers, mobile crushers, and holders of loaner and transporter plates. The rule sets forth required facilities, equipment, records and hours and describe required application procedures. The rule also establishes requirements for annexes and for secondary locations.
DETAILED BASIS STATEMENT / SUMMARY: This rule establishes the requirements for licensing and for receipt of registration plates for vehicle dealers, persons in the business of conducting vehicle auctions, vehicle recyclers, mobile crushers, and holders of loaner and transporter plates. The rule sets forth required facilities, equipment, records and hours and describe required application procedures. The rule also establishes requirements for annexes and for secondary locations.
The rule is being amended to remove obsolete language regarding geographic limits on dealer secondary locations; and to update dealer training requirements.
PUBLIC HEARING: February 14, 2014 @ 11 a.m., Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME 04333
COMMENT DEADLINE: February 27, 2014
CONTACT PERSON FOR THIS FILING/ SMALL BUSINESS INFORMATION: Garry Hinkley, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 29A MRSA ch. 9
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Robert.O’Connell@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 Services
PROPOSED RULE NUMBER: 2014-P009
CONCISE SUMMARY: This proposed rule seeks to permanently adopt the emergency rule effective December 20, 2013, that updates the Targeted Case Management (TCM) policy to include the Child and Adolescent Needs and Strengths (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.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: February 10, 2014, 9:00 a.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 listed below before February 3, 2014.
DEADLINE FOR COMMENTS: Comments must be received by midnight February 20, 2014.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Ann O'Brien, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4045. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ann.Obrien@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will have no impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S.A. §§ 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 .


ADOPTIONS


AGENCY: 10-144 - Department of Health & Human Services (DHHS), MaineCDC, Healthy Homes & Lead Poisoning Prevention Program
CHAPTER NUMBER AND TITLE: Ch. 293, Maine Lead Poisoning Prevention Fee Rules
ADOPTED RULE NUMBER: 2014-005
CONCISE SUMMARY: The Lead Poisoning Prevention Fee Rules implement the Maine Lead Poisoning Control Act at 22 M.R.S. §1322-F. These Rules determine which manufacturers or wholesalers of paint are responsible for the fees imposed on those manufacturers or wholesalers sold in Maine. The Rules also establish a formula for calculating the number of gallons of paint sold in Maine and determine how the fee is paid. Waivers are available, if the quantities sold in Maine fall below 1,800 gallons. The proposed changes intend to make the Rules consistent with the 2007 updates to Section 4 of 22 M.R.S. §1322-F, which change the contingent repeal from a specific date of July 2011 to a time when the Commissioner of the Department certifies that a period of 24 months has elapsed since the Department has identified a child with an elevated blood lead level. This rule change will not impose any additional cost on municipalities or counties and will not have an adverse impact on small businesses.
EFFECTIVE DATE: January 15, 2014
AGENCY CONTACT PERSON: Tera R. Pare, J.D., Rulemaking Coordinator, Division of Environmental Health, Maine CDC, 286 Water Street, Key Bank Plaza, 3rd Floor, Augusta, ME 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/eohp/healthyhomes/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 16-633 – Department of Public Safety, Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 13, Exclusion
ADOPTED RULE NUMBER: 2014-006
CONCISE SUMMARY: Establish and maintain a list of people who have been excluded by the Gambling Control Board or who have chosen to self-exclude themselves from Maine's casinos through the Gambling Control Board.
EFFECTIVE DATE: January 20, 2014
AGENCY CONTACT PERSON: Patrick J. Fleming, Gambling Control Board, 87 State House Station, Augusta, ME 04333-0087. Telephone: (207) 626-3900. E-mail: Patrick.J.Fleming@Maine.gov .
WEBSITE: http://www.maine.gov/dps/GambBoard/ .
AGENCY RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .