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Home > Weekly Rule-making Notices > March 19, 2014

March 19, 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: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 870, Late Payment Charges, Interest Rates to be Paid on Customer Deposits, and Charges for Returned Checks
PROPOSED RULE NUMBER: 2014-P040
BRIEF SUMMARY: The Public Utilities Commission initiates a rule-making to amend Ch. 870, Late Payment Charges, Interest Rates to be Paid on Customer Deposits, and Charges for Returned Checks, that, in relevant part, establishes a just and reasonable interest rate for customer deposits. The change is necessary as the index currently referenced is no longer available.
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: April 25, 2014. Written comments should refer to the docket number of this proceeding, Docket No. 2014-00065, and be filed electronically using the Commission's Case Management System at http://www.maine.gov/mpuc/online/index.shtml or by mail to the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333-0018 if the filer does not have access to the internet.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Lucretia Smith, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1383. E-mail: Lucretia.Smith@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A M.R.S. §§ 101, 104, 111, 301, 304, and 705(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
PUC WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@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 67, Nursing Facility Services
PROPOSED RULE NUMBER: 2014-P041
CONCISE SUMMARY: This rule is being proposed in order to make brain injury eligibility for Section 67, Nursing Facility Services, and Section 18, Home and Community Based Services for Members with Brain Injury, consistent between policies. Individuals with Acquired Brain Injury will be eligible for Nursing Facility services if they score three or higher in two items on the Mayo-Portland Adaptability Inventory and score a 0.1 or higher on the Brain Injury Health and Safety Assessment. This rule-making also: a) Updates the Brain Injury definition in Section 67.01-22 to be consistent with the definition developed in Title 22 §3086; b) Adds the word “Acquired” to “Brain Injury” to be consistent with Title 22 §3086; c) Changes “Brain Injury” to “Acquired Brain Injury,” and “BI” to “ABI” in the table of contents and on pages 4, 14, 32, 47, 48, 53; d) Requires, for Nursing Facilities working with individuals with brain injury, that all staff have expertise in brain injury rehabilitation as demonstrated by achieving the Certified Brain Injury Specialist (CBIS) designation from the Academy of Certified Brain Injury Specialists, or through an approved equivalent training program; e) Reorganizes Section 67.02-5; and, f) Corrects a numbering error in Section 67.05-13
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Monday, April 7, 2014, 9:00 a.m., Room 400, Cross Office Building, 111 Sewall Street, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before 5:00 p.m., on Monday, March 31, 2014.
DEADLINE FOR COMMENTS: Comments must be received by midnight Saturday, April 17, 2014.
AGENCY CONTACT PERSON: Rachel Thomas, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4001. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Rachel.Thomas@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


ADOPTIONS


AGENCY: 01-001 - Department of Agriculture, Conservation and Forestry (with the Maine Milk Commission (MMC))
CHAPTER NUMBER AND TITLE: Ch. 61, Maine Milk Pool Cost of Administration
ADOPTED RULE NUMBER: 2014-038
CONCISE SUMMARY: Ch. 61, Maine Milk Pool Cost of Administration, is amended to reflect the estimated administrative costs of operating the pool for the remainder of calendar year 2014. The rate for 2014 will be $0.01/cwt.
EFFECTIVE DATE: April 1, 2014
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/dacf/milkcommission/index.shtml .



AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 40, Smelt Regulations (Emergency rule-making)
ADOPTED RULE NUMBER: 2014-039 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of a conservation closure for all anadromous smelt fishing located from westerly of Penobscot Bay in Stonington (starting west of 68º40’W) to the New Hampshire border in Kittery in order to protect Maine’s smelt resource due to recent severe declines in populations located in southern, midcoast, and Penobscot Bay areas. An exception to this emergency rule was made for existing smelt ice fishing camp operations on the Kennebec River and its tributaries in order to allow these operations to finish their 2013-14 season during the coming days. Recent Department surveys have found that many runs in Maine have declined, while others are extirpated. Because of these documented population declines and evidence of biologically stressed populations, it is necessary to pursue management measures that will sustain and restore this species. The Department is concerned that harvesting during the 2014 spawning season in these areas may deplete a severely diminished resource beyond its ability to recover. Continued harvesting on these stressed populations would reduce the already diminished spawning success subsequently affecting future fishing seasons, as well as reducing the broodstock essential to a recovery. This immediate conservation closures is necessary to reduce the risk of unusual damage and imminent depletion. For these reasons, the Commissioner hereby adopts an emergency closure of anadromous smelt fishing from westerly of Penobscot Bay in Stonington (starting west of 68º40’W) to the New Hampshire border in Kittery.
EFFECTIVE DATE: March 14, 2014
AGENCY CONTACT PERSONS: Claire Enterline (207) 624-6341
AGENCY: Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Website: http://www.maine.gov/dmr/rulemaking/ . Telephone: (207) 624-6550. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .



AGENCY: 02-360 - Department of Professional and Financial Regulation (PFR), Office of Professional & Occupational Regulation (OPOR), Board of Licensure for Professional Land Surveyors
CHAPTER NUMBER AND TITLE: Ch. 80, Fees
ADOPTED RULE NUMBER: 2014-040 (Repeal)
CONCISE SUMMARY: The board's authority to set fees, formerly found in 32 MRSA §13910, was superseded in 2000 by enactment of 10 MRSA §8003(2-A (D), which granted exclusive fee-setting authority to the Director of the Office of Licensing and Registration. Ch. 80 of the Board's rules has had no legal effect since January 15, 2003, when the Director exercised her authority to set fees for licensees of the Board.
EFFECTIVE DATE: March 19, 2014
AGENCY CONTACT PERSON: Carol Leighton, Administrator, Office of Professional and Occupational Regulation, Real Estate Commission, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8520. E-mail: Carol.J.Leighton@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/surveyors/index.html .
OPOR RULE-MAKING LIAISON: Anne.Head@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
ADOPTED RULE NUMBER: 2014-041
CONCISE SUMMARY: This rule will 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.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: March 20, 2014
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) 624-4045. 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: 01-669 (formerly 04-058) – Department of Agriculture, Conservation and Forestry, Bureau of Forestry (Maine Forest Service)
CHAPTER NUMBER AND TITLE: Ch. 20, Forest Regeneration and Clearcutting Standards
ADOPTED RULE NUMBER: 2014-042
CONCISE SUMMARY: This rule amendment places Forest Operations Notification requirements in a new, separate rule, per legislative direction; updates definitions to reflect past rule changes in other chapters; removes the requirement that a licensed professional forester certify that regeneration standards have been met for Category 2 and Category 3 c1earcuts; and, removes the requirement that a landowner file a report along with certification that the regeneration standards have been met for Category 2 and Category 3 c1earcuts.
EFFECTIVE DATE: May 1, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation, and Forestry, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/mfs/index.shtml .



AGENCY: 01-669 (formerly 04-058) – Department of Agriculture, Conservation and Forestry, Bureau of Forestry (Maine Forest Service)
CHAPTER NUMBER AND TITLE: Ch. 26 (New), Forest Operations Notification Standards
ADOPTED RULE NUMBER: 2014-043
?CONCISE SUMMARY: This rule amendment places Forest Operations Notification requirements in a new, separate rule, per legislative direction; provides an exemption for certified erosion control contractors under certain circumstances, and adds forestry activities in the LUPC jurisdiction and "chop and drop" activities to the notification process.
EFFECTIVE DATE: May 1, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation, and Forestry, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/mfs/index.shtml .