February 8, 2017

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 (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 314, Statewide Low-Income Assistance Plan
PROPOSED RULE NUMBER: 2016-P194 (comment deadline extended)
BRIEF SUMMARY: The Public Utilities Commission initiates a rule-making to amend Ch. 314 of the Commission's Rules regarding the statewide electricity Low Income Assistance Plan.
PUBLIC HEARING: March 3, 2017, 10:00 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: March 24, 2017 - The Commission is extending the original deadline for filing comments due to the scheduling of an additional public hearing concerning this rule to Friday, March 24, 2017. Written comments on the proposed rule may be filed using the Commission's case management system no later than 4:00 p.m., Friday, March 24, 2017. All comments will appear in the Commission's case management system. When submitting comments, please refer to Docket No. 2016-00256.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MPUC RULE-MAKING LIAISON: Jamie Waterbury, Maine Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-3831. Fax: (207) 287-1039. E-mail: Jamie.A.Waterbury@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS    104, 111, 704, 1308, 3214
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):


AGENCY: 18-185 - Department of Administrative and Financial Services (DAFS), State Claims Commission
CHAPTER NUMBER AND TITLE: Ch. 110, Rules of Practice Governing the Conduct of Adjudicatory Proceedings for Land Damage Cases
PROPOSED RULE NUMBER: 2017-P018
BRIEF SUMMARY: The proposed rule makes changes to the existing rule pertaining to the conduct of eminent domain and related cases brought before the State Claims Commission. The amended rule will dispense with the use of the term “land damage” and instead use the term “real property acquisition”, so that the title of the new rule will be “Rules of Practice Governing the Conduct of Adjudicatory Proceedings for Real Property Acquisition Cases”. The rule clarifies the requirements for giving notice to property owners whose property is subject to eminent domain takings by the Department of Transportation. It makes explicit the process for calculating interest on awards to property owners by the State Claims Commission. It clarifies discovery standards. It sets out requirements for requesting and paying for the record of a hearing conducted by the State Claims Commission. It makes numerous minor changes to improve grammar, modernize language, and eliminate sexist presumptions.
DETAILED SUMMARY: A copy of the proposed rule may be obtained in either electronic version or a paper version from Richard A. Estabrook, Esq., Clerk, State Claims Commission, 86 State House Station, Augusta, ME 04333-0086; (207) 624-7442.
The proposed rule changes the reference to “land damage” cases to “real property acquisition” cases.
The proposed rule gives slightly more discretion to the clerk of the commission to choose a location for State Claims Commission hearings than the present rule, in that it allows the choice of the site of the hearing to be influenced by the need to accommodate a person’s disability, or the need of parties to present evidence in a form that might require technological equipment such as a projector.
The proposed rule clarifies the procedure for paying for transcripts of hearings before the State Claims Commission.
The proposed rule changes pre-hearing procedures by requiring a written report of pre-hearing conferences.
The proposed rule makes more specific the procedures for giving notice, and then declaring a default, to participants in a State Claims Commission hearing, taking into account guidance suggested by the U.S. Supreme Court Case Jones v. Flowers, 126 S.Ct. 1708.
The proposed rule delineates how interest is to be calculated on awards granted by the State Claims Commission, pegging the interest rate to one-year United States Treasury yield as determined by the Federal Reserve. The impact of this change is to permit interest rates to fluctuate according to market conditions.
PUBLIC HEARING: Wednesday, March 1, 2017 – 2 p.m.; the Burton Cross Building, Room 300, Third Floor, 111 Sewell Street, Augusta, ME 04330
COMMENT DEADLINE: Saturday, March 11, 2017 at 11:59 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / COMMISSION RULE-MAKING LIAISON: Richard A. Estabrook, Esq., Clerk, State Claims Commission, 86 State House Station, Augusta, ME 04333-0086. Telephone: (207) 624-7442
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: no impact
STATUTORY AUTHORITY FOR THIS RULE: 23 MRS    152, 246(1), 652(1) & (2)(E)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: none
AGENCY WEBSITE: None for the State Claims Commission
DAFS WEBSITE: http://www.maine.gov/dafs/ .
DAFS RULE-MAKING LIAISON: Robert.Weaver@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) - Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. I Section 1, General Administrative Policies and Procedures
PROPOSED RULE NUMBER: 2017-P019
CONCISE SUMMARY: This rule adds a new provision for the exclusion or termination of certain providers who would be excluded under current state and federal law. The rule also updates the provider reinstatement procedures. The rule proposes to add language describing the requirement for providers to pay an enrollment fee for each provider site. The rule also adds language that the Department may deny future rental of equipment to members who fail to return Department rented equipment. The rule adds language that authorizes the Department to request additional information which demonstrates a provider applicant’s ability to provide high-quality care, services, and supplies and to be financially responsible. The rule also adds language that the liability for debts owed to the Department by providers is also enforceable against people and entities with ownership or control interest and specifically defines those individuals and entities. The rule also adds tobacco cessation products and services to the list of copayment exemptions. The rule adds language that authorizes providers to refuse to continue to see members who have repeatedly broken appointments. The rule adds language describing NCCI edits and a statement that MaineCare will reject nonconforming claims. The rule also adds clarifying language around out-of-state providers.
The Department proposes to add three new grounds for sanctions to include:
* An entity that is an HMO or is providing services under a Medicaid waiver program, and has a substantial contractual relationship with an entity that could be excluded from the Medicaid program;
* If a provider has been convicted of a crime while performing services as a health care worker or provider; and
* Limitation of services for which the provider is authorized to perform and receive payment.
In addition, the rule proposes to clarify the role of the Medicaid Advisory Committee. The rule also removes Private Non-Medical Institutions (PNMIs) from the list of facilities that include interpreter services in their reimbursement calculations and language regarding Section 113 of the MaineCare Benefits Manual. The rule also adds language that the Department will not reimburse for interpreter travel time. The rule includes language adding an exception of LCDs or NCDs denials to provider requirement of third party denial appeal process. The rule also proposes to modify the language describing the Department’s liability for the Medicare deductible and coinsurance by addition of specific language directly related to various facilities and eligibility situations and payment or nonpayment of deductible and coinsurance. The rule proposes to remove language stating that the Department will enroll all providers who meet certain requirements, and replacement with a new provision, which sets forth a list of factors the Department may consider in determining whether to enroll or deny enrollment to a provider applicant.
The Department proposes to amend and add definitions to the policy. The rule proposes to make technical, grammar, and punctuation edits as well. Lastly, the department proposes to make changes to conform with state and federal laws.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Tuesday, February 28, 2017 - 9:30 a.m., Marquardt Building, 32 Blossom Lane - 1st floor, Room 118, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed before February 18, 2017.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on Friday, March 10, 2017.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Thomas Leet, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4068. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Thomas.Leet@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS    42, 3173; 5 MRS  4551 et seq.; 22 MRS  42(8); 42 CFR 1007; PL 2014 ch. 444 (An Act to Reduce Tobacco-related Illness and Lower Health Care Costs in MaineCare) (to be codified at 22 MRS  3174-WW); 42 USC 1320a7; 42 CFR 431.55(h)(2); 42 CFR 455.416(c)l; Patient Protection and Affordable Care Act, PL 111–148; Rosa's Law, PL 111-256; LD 1596 (Resolve, Directing the Department of Health and Human Services To Amend MaineCare Rules as They Pertain to the Delivery of Covered Services via Telecommunications Technology); 22 MRS  3173C sub- 2, as amended by PL 2011 ch. 458 (An Act Regarding Pharmacy Reimbursement in MaineCare).
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


ADOPTIONS


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 807, Residency
ADOPTED RULE NUMBER: 2017-010
CONCISE SUMMARY: Maine Revenue Services has amended Rule 807 (“Residency”). Rule 807, last amended in 2012, explains standards for determining Maine residency for income tax purposes. The following changes are being made to the proposed rule. Section .08 is reformatted, clarifies that military pay earned by a Maine resident servicemember for active duty service performed outside Maine under written military orders is not taxed in Maine and makes a technical change to correct an erroneous reference. A copy of the rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
EFFECTIVE DATE: February 8, 2017
AGENCY CONTACT PERSON: Heather Popadak, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9999. E-mail: Heather.O.Popadak@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 806, Nonresident Individual Income Tax
ADOPTED RULE NUMBER: 2017-011
CONCISE SUMMARY: Maine Revenue Services has amended Rule 806 (“Nonresident Individual Income Tax”). Rule 806, last amended in 2012, provides comprehensive definitions and explanations of statutory terms and procedures for nonresident individual income tax filers. The rule is edited to include minor formatting changes to be consistent with other Bureau of Revenue Services rules and to update references to M.R.S.A. and MRSA to M.R.S. New section .03(G) is added to reflect that compensation or income earned by nonresident taxpayers that is directly related to a declared state disaster or emergency is exempt from Maine tax if the taxpayer‘s only presence in Maine is for the sole purpose of providing disaster relief. The remaining provisions are renumbered accordingly. The application date of the amended rule is changed to accommodate the effective date of the exemption of disaster relief income. A copy of the rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
EFFECTIVE DATE: February 11, 2017
AGENCY CONTACT PERSON: Heather Popadak, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9999. E-mail: Heather.O.Popadak@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallop Regulations and Ch. 11.08, Targeted Closures (11)(13)(15)(16)(17)(18): Casco Bay, Chandler Bay/Head Harbor Island, Upper Damariscotta River, North Haven, Mid Penobscot Bay, and Lower Blue Hill Bay/Jericho Bay
ADOPTED RULE NUMBER: 2017-012 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of conservation closures located in Casco Bay, Chandler Bay/Head Harbor Island, Upper Damariscotta River, North Haven, Mid Penobscot Bay, and Lower Blue Hill Bay/Jericho Bay in order to protect Maine's scallop resource as authorized by 12 MRS  6171(3) due to the risk of imminent depletion and unusual damage. The Department is concerned that unrestricted harvest during the remainder of the 2016-2017 fishing season in these specific areas may damage sublegal scallops that could be caught during subsequent fishing seasons, as well as reducing broodstock essential to a recovery. Based on direct input from Marine Patrol and independent industry participants as well as observations made through the Department's monitoring programs, the level of fishing effort in these areas during the fishing season has exceeded the 30% removal target that ensures the fishery continues to rebuild. In addition, high concentrations of sublegal scallops in Casco Bay require protection from incidental mortality caused by drag gear. Due to the negligible impacts divers have to sublegal product, diving in this area will be allowed to continue when the Zone 1 dive season resumes on March 1. Divers will also be allowed continued access in North Haven, Upper Damariscotta River and Lower Blue Hill Bay/Jericho Bay until such time as further management actions are necessary.
EFFECTIVE DATE: February 5, 2017
AGENCY CONTACT PERSON: Trish Cheney, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6554). E-mail: Trisha.Cheney@Maine.gov . Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULE-MAKING LIAISON: Deirdre.Gilbert@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 805, Composite Filing
ADOPTED RULE NUMBER: 2017-013
CONCISE SUMMARY: MRS Rule 805 establishes procedures for filing of composite returns of income by partnerships, estates, trusts, and S corporations on behalf of partners, beneficiaries, or shareholders. In addition to technical, nonsubstantive changes, the rule is being revised to reflect the decrease in the individual income tax rate as established in 36 MRS  5111(1-E) for tax years beginning in 2016.
EFFECTIVE DATE: February 12, 2017
AGENCY CONTACT PERSON: Heather Popadak, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9999. E-mail: Heather.O.Popadak@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .