March 3, 2010

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: 10-144 - Department of Health and Human Services (DHHS), Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual: MaineCare Policy #251P, Repeal of the Asset Transfer Penalty for Help with Assistance for Room and Board in Residential Care Settings and Clarification of Pooled Disability Trust
PROPOSED RULE NUMBER: 2010-P35 (hearing now scheduled)
CONCISE SUMMARY: This Proposed rule repeals the portions of the MaineCare Eligibility Manual which gave the Department the ability to assess a transfer penalty on a MaineCare applicant who transferred assets for less than fair market value prior to applying for assistance with the costs of room and board in a residential care setting. The ability to impose a penalty on an applicant seeking assistance with nursing home level of care remains in effect. This proposed rule would make permanent a previously enacted Emergency rule.
The change in the Pooled Disability Trust section will insure that beneficiaries over the age of 65 will not be denied eligibility due to assets contained in the trust.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3173, 22 MRSA §3174, 22 MRSA §3174-A, American Recovery and Reinvestment Act of 2009, Section 5001, PL 111-5, 42 U.S.C. §1396p(c), 42 U.S.C. §1396p(d)(4)(C)
PUBLIC HEARING: Thursday, March 25, 2010; 9:00 a.m. Conference Room 1A/B at 442 Civic Center Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: April 3, 2010
AGENCY CONTACT PERSON Bethany Hamm, Program and Policy Director, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011. Telephone: (207) 287-3931. TTY: (800) 606-0215 (Deaf/Hard of Hearing). E-mail: Bethany.Hamm@Maine.gov .
URL: http://www.maine.gov/dhhs/OIAS/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services, Division of Policy
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. VI Section 3, MaineNET
PROPOSED RULE NUMBER: 2010-P39
CONCISE SUMMARY: The Department of Health and Human Services, MaineCare Services, is proposing to repeal Ch. VI Section 3, MaineNET. MaineNET is a voluntary MaineCare program that was originally implemented around 2000 to improve health outcomes and manage program costs by providing clinical and administrative coordination of primary, acute, behavioral and long-term care services for elders and adult with disabilities who are MaineCare recipients. Due to no enrollment, this program has not been operational since approximately 2001.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES AND COUNTIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173.
PUBLIC HEARING: The Department will not hold a hearing on this proposed rule unless five (5) or more people request one.
DEADLINE FOR COMMENTS: Comments must be received by midnight April 12, 2010.
AGENCY CONTACT PERSON: Cindy Boucher, Comprehensive Planner, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6124. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Cindy.Boucher@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #04-10
PROPOSED RULE NUMBER: 2010-P40
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/dacf/milkcommission/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: March 19, 2010, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: March 19, 2010
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 .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 154, Control of Volatile Organic Compounds from Flexible Package Printing.
PROPOSED RULE NUMBER: 2010-P41
CONTACT PERSON FOR THIS FILING: Jeffrey S. Crawford, DEP, 17 State House Station, 25 Tyson Drive, Augusta, ME 04333. Telephone: (207) 287-7647. E-mail: Jeff.S.Crawford@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: No public hearing is scheduled. These amendments are being posted to a 30-day comment period. A public hearing will be held if requested before the close of comments.
COMMENT DEADLINE: April 12, 2009 5:00 p.m.
BRIEF SUMMARY: The Department is proposing this new rule to fulfill federal requirements under the 1990 Clean Air Act Amendments and regulations related to the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) requiring the adoption of emission controls for all source categories covered under an EPA control technique guideline, or CTG. On September 26, 2006, EPA issued a CTG for flexible package printing. The proposed Ch. 154 implements the federal CTG and will reduce emissions of volatile organic compounds from flexible package printing operations through the use of low-VOC coatings and/or add-on control equipment.
Copies of this proposal are available upon request by contacting the Agency contact person listed below or on the DEP website at http://www.maine.gov/dep/rules/
Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, and provided an opportunity for comment. Any party interested in providing public comment can provide written comments before the end of the comment period. Although the Department has not scheduled a public hearing on this proposal, a public hearing will be scheduled if any requests are received prior to the close of the public comment period. All comments or requests for a public hearing should be sent to the Agency contact person.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
URL:http://www.maine.gov/dep/index.html
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov


AGENCY: 02 - Department of Professional and Financial Regulation
CHAPTER NUMBER AND TITLE:
02-029 - Bureau of Financial Institutions, Ch. 138: a joint rule with
02-030 - Bureau of Consumer Credit Protection, Ch. 240
TITLE: Truth-in-Lending, Regulation Z-2
PROPOSED RULE NUMBERS: 2010-P42 and P43
CONTACT PERSON FOR THIS FILING: Christian D. Van Dyck, Attorney, Maine Bureau of Financial Institutions, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036. Telephone: (207) 624-8574. E-mail: Christian.D.VanDyck@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A.
PUBLIC HEARING: None proposed, unless requested by 5 or more interested parties.
COMMENT DEADLINE: April 6, 2010
BRIEF SUMMARY: This proposed amended rule, like previous versions, adopts the Federal Truth-in-Lending regulations by reference, so as to implement Article VIII of the Maine Consumer Credit Code. The proposed amended rule will incorporate by reference provisions of Federal Truth-in-Lending regulations promulgated since 2002 when this rule was last promulgated. The amended rule excepts the provisions of federal Regulation Z dealing with mortgage lending, which have been enacted in state law as a result of recent state mortgage lending laws, including the recently enacted, “Act to Conform State Mortgage Laws with Federal Laws,” as well as other sections. These proposed amendments will provide clarity for those interpreting state and federal truth-in-lending lending laws and how they interrelate. The proposed amended rule also updates out-of-date section references. Copies of the rule may be obtained from Christian D. Van Dyck. A more detailed summary may be found on the Bureau of Financial institution’s website: www.maine.gov/financialinstitutions.
The Small Business Impact Statement may be found at:
http://www.maine.gov/pfr/financialinstitutions/notices/truthinlendingimpact.htm
DETAILED BASIS STATEMENT / SUMMARY: This Rule replaces a joint rule issued by Bureau of Financial Institutions’ Ch. 138, Regulation 38 and the Bureau of Consumer Credit Protection’s Ch. 240, Regulation Z-2, effective July28, 2002, which in turn supplanted versions effective July 7, 1998, May 28, 1997, May 4, 1992, December 18, 1989, May 22, 1986 and September 7, 1981. The purpose of this Rule is to provide guidance to creditors who are subject to Maine's Truth-in-Lending Law (Article VIII of the Code), and to maintain the State's delegation of authority from the Federal Reserve Board, which was granted pursuant to §123 of Title I of the Federal Truth-in-Lending Act, 15 U.S.C. § 1633. In order to protect Maine's exemption, this State's regulations interpreting truth-in-lending laws must be substantially similar to those imposed under the Federal Truth-in-Lending Act and there is adequate provision for enforcement.
Regulation Z-2 was last amended by the Bureaus on July 28, 2002. The Bureaus have accordingly considered all of the amendments that have been made to federal Regulation Z since this time. These amendments fall broadly into six categories: (1) those amendments relating to changes in cross-referencing, or that are otherwise incidental, technical, or clarifying in nature; (2) those amendments relating to electronic communications, disclosures and advertisements; (3) those amendments relating to timing of disclosures and notices for mortgage transactions; (4) those amendments relating to advertising; (5) those amendments relating to high-rate, high-fee mortgage loans, higher priced mortgage loans, and residential mortgage loans; and (6) those amendments implementing the provisions of the Credit Card Accountability Responsibility and Disclosure Act of 2009, including the Federal Reserve’s final rule in FR 7658 published by the Federal Register on February 22, 2010.
The fifth category of these amendments, relating to high-rate, high-fee mortgage loans, higher priced mortgage loans and residential mortgage loans, as set forth in §226.32 and §§ 226.34 to 226.36 of federal Regulation Z have been incorporated into the Code pursuant to Public Law 2009, Ch. 362, “An Act to Conform State Mortgage Laws with Federal Laws”. The Bureaus are of the view that the legislative intent behind Public Law 2009, Ch. 362 was to create a “stand alone” body of state law relating to the regulation of these types of loans. Readers are directed to seek guidance directly from the provisions of the Code (and, to the extent applicable, Bureau of Consumer Credit Protection’s Ch. 550/Bureau of Financial Institutions’ Ch. 144 and the Bureaus’ advisory rulings) on questions relating to these types of loans. Thus, §226.32 of federal Regulation Z is supplanted by §§ 8-206-A and 8-206-H of the Code; §226.34 of federal Regulation Z is supplanted by §§ 8-206-A, 8-206-H and 8-206-I of the Code; §226.35 of federal Regulation Z is supplanted by §8-206-I of the Code; and §226.36 is supplanted by §8-206-J of the Code. To the extent that these provisions of federal and state law are identical or substantially similar, the Bureaus shall follow the Official Staff Commentary relating to these provisions.
The Bureaus have also considered all of the amendments that have been made to federal Regulation M since July 28, 2002, and the corresponding state laws relating to consumer leases. They have determined that the only amendments made since this time have been to federal law, and relate to electronic communications, disclosures and advertisements. The Bureaus are accordingly of the view that no changes need to be made to this Regulation Z-2 to the extent that it relates to federal Regulation M. Specific changes to this rule from previous versions include the following:
1. In Section 4, subsection 1, §226.1(e) of federal Regulation Z has been excepted because of the additional liability provisions found in §§ 8-206-E and 8-209 of the Code.
2. In Section 4, subsection 9, a reference to retail credit cards, for which late fees are authorized in §2-501(1)(G) of the Code, has been deleted because this subsection was repealed and replaced by P.L. 2003, Ch. 100, “An Act to Provide Parity in Lending by State-Chartered Lenders,” (now codified in §2-501(1)(G) of the Code) allowing Maine lenders to assess and receive delinquency charges on consumer credit transactions and open-end credit plans.
3. Section 4, subsection 12 has been amended because of §101 of Public Law 111-24; 123 Stat. 1734 (2009), the Credit Card Accountability Responsibility and Disclosure Act of 2009, amending §127 of TILA, and 74 FR 36077 amending §226.9(c)(1) of federal Regulation Z, relating to timing and requirements of written notices for changes in terms for credit card accounts, but not home equity plans and open-end plans that are not credit card accounts.
4. Section 4, subsection 13 has been amended because §8-303(2) of the Code prohibits sellers in sales transactions from imposing a surcharge on a card holder who elects to use a card in lieu of payment by cash, check or similar means whereas no such prohibition is found in Reg. Z, §226.12(f)
5. In Section 4, subsection 14, the reference to § 8-103(I-1) has been changed to §8-103(1-A)(EE) because this is where the definition of “tax refund loan” is now found in the Code.
6. In Section 4, subsection 15, § 226.19(a)(2)(ii) of federal Regulation Z has been excepted because of the additional disclosure requirements regarding prepayment penalties that are imposed by §8-206(3)(B) of the Code.
7. In Section 4, subsection 16, §226.24(i)(4) of federal Regulation Z has been excepted because of the enactment of PL 2009, Ch. 103, “An Act to Prevent the Unauthorized or Deceptive Use of the Names of Financial Institutions,” and codified in §241(15) of Title 9-B, the Maine Banking Code.
8. In Section 4, subsection 17, § 226.32 of federal Regulation Z has been excepted in its entirety from Regulation Z-2 as a result of recent legislation, including P.L. 2009, Ch. 362, “An Act to Conform State Mortgage Laws with Federal Laws”, enacted on June 11, 2009. As a result of this recent legislation, the provisions of §226.32 of federal Regulation Z have been supplanted by §§ 8-206-A and 8-206-H of the Code, including terms defined in §8-103(1-A) and elsewhere in the Code to the extent there is a conflict with terms defined in federal Regulation Z. Furthermore, the prohibition against prepayment fees or penalties for high-rate, high fee mortgage loans in § 8-206-H(1)(B)(4) of the Code differs from the prepayment fee or penalty restrictions in §§ 226.32(d)(6) and (7) of federal Regulation Z.
9. In Section 4, subsection 18, §226.34 of federal Regulation Z has been excepted in its entirety as a result of recent legislation, including P.L. 2009, Ch. 362, “An Act to Conform State Mortgage Laws with Federal Laws”, enacted on June 11, 2009. As a result of this recent legislation, the provisions of §226.34 of federal Regulation Z have been supplanted by §§ 8-206-A, 8-206-H and 8-206-I of the Code, including terms defined in §8-103(1-A) and elsewhere in the Code to the extent there is a conflict with terms defined in federal Regulation Z. The “flipping” prohibition in §8-206-I(1)(D) of the Code, delineated in the Bureau of Consumer Credit Protection’s Ch. 550/Bureau of Financial Institutions’ Ch. 144, conflicts with §226.34(a)(3) of federal Regulation Z. Likewise, the “ability to repay” requirement found in §8-206-I(1)(A) of the Code conflicts with federal law to the extent that the provision in §226.34(a)(4)(ii)(B) of federal Regulation Z is absent.
10. In Section 4, subsection 19, §226.35 of federal Regulation Z has been excepted in its entirety as a result of recent legislation, including P.L. 2009, Ch. 362, “An Act to Conform State Mortgage Laws with Federal Laws”, enacted on June 11, 2009. As a result of this recent legislation, the provisions of §226.35 of federal Regulation Z have been supplanted by §8-206-I of the Code including terms defined in §8-103(1-A) and elsewhere in the Code to the extent there is a conflict with terms defined in federal Regulation Z. The “ability to repay” requirement found in §8-206-I(1)(A) of the Code, referenced in §226.35(b)(1) of federal Regulation Z, differs from federal law to the extent that the provision in §226.34(a)(4)(ii)(B) of federal Regulation Z is absent.
11. In Section 4, subsection 20, §226.36 of federal Regulation Z has been excepted in its entirety as a result of recent legislation, including P.L. 2009, Ch. 362, “An Act to Conform State Mortgage Laws with Federal Laws”, enacted on June 11, 2009. As a result of this recent legislation, the provisions of §226.36 of federal Regulation Z have been supplanted by § 8-206-J of the Code including terms defined in §8-103(1-A) and elsewhere in the Code to the extent there is a conflict with terms defined in federal Regulation Z.
12. In Section 4, subsection 21, §226.52(a)(2) of federal Regulation Z has been excepted because of additional limitation on attorneys’ fees that is imposed by §2-501(4)(D) of the Code.
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 9-A MRSA §§ 6-104 and 8-104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A.
E-MAIL FOR OVERALL RULE-MAKING LIAISON: Christian.D.VanDyck@Maine.gov

ADOPTIONS


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2010
ADOPTED RULE NUMBER: 2010-46
CONCISE SUMMARY: The rule fulfils the requirement that each year the State Tax Assessor determine 100% valuations per acre for each forest type by economic region for parcels under the Tree Growth Tax Law. This rule is applicable to the 2010 tax year. A copy of the statement of the economic impact on small business to be prepared by Maine Revenue Services pursuant to 5 MRSA §8052(5-A) with respect to the proposed Rule may be obtained after the close of the comment period and prior to the adoption of the proposed Rule by contacting the Agency Contact Person listed below.
EFFECTIVE DATE: February 24, 2010
AGENCY CONTACT PERSON: Edward Charbonneau, Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station Augusta, Maine 04333. Telephone: (207) 624-9626. Fax: (207) 287-3618. E-mail: Edward.Charbonneau@Maine.gov
URL: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #03-10
ADOPTED RULE NUMBER: 2010-47
CONCISE SUMMARY: Minimum March 2010 Class I price is $17.59/cwt. plus $1.58/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $3.26/cwt. handling fee for a total of $24.16/cwt. that includes a $0.20/cwt Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/minimum.shtml
EFFECTIVE DATE: February 28, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
URL: http://www.maine.gov/dacf/milkcommission/index.shtml


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 109, Speech and Hearing Services
ADOPTED RULE NUMBER: 2010-48
CONCISE SUMMARY: These final rules achieve a number of goals:
1. establishes HIPAA compliant coding for the delivery of services with implementation of MaineCare’s new claims system, MIHMS;
2. establishes increased agency rates for services effective July 1, 2010 to comply with FY 2010 budget requirements; and
3. fulfills the Legislature’s directive, as expressed in PL 2007, ch. 71, which allows for speech therapy benefits for members who, without a maintenance level of speech therapy services, may reasonably suffer a significant decline in their ability to communicate orally, safely swallow or masticate. This change is expected to decrease extended stays or placements in institutional settings.
This rulemaking has no adverse impact on small businesses employing fewer than twenty employees.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: March 1, 2010
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 104, Electronic Filing of Maine Tax Returns
ADOPTED RULE NUMBER: 2010-49
CONCISE SUMMARY: Rule 104 provides comprehensive definitions and explanations of statutory terms and procedures for electronic filing of Maine tax returns. Particularly, the proposed Rule modifies the electronic filing threshold for income tax return preparers beginning in 2011 from 50 or fewer returns to 10 or fewer returns in order to coordinate with the newly enacted federal requirements for electronic filing by tax return preparers for that year.
EFFECTIVE DATE: March 1, 2010
AGENCY CONTACT PERSON: Edward Charbonneau, Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station Augusta, Maine 04333. Telephone: (207) 624-9626. Fax: (207) 287-3618. E-mail: Edward.Charbonneau@Maine.gov
URL: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov