June 16, 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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 10.05, Taking of quahogs in the sub-tidal waters of New Meadows Lake, Brunswick and West Bath
PROPOSED RULE NUMBER: 2010-P136
CONCISE SUMMARY: These proposed regulations would adopt, through the regular rule-making process, changes that in part became effective with the adoption of the emergency rules in the New Meadows Lake, Brunswick and West Bath. Harvest by towing any dredge, drag or other implement by watercraft, suction pumping device, or diving methods will be prohibited; harvest by any method will be limited to daylight hours, i.e., nights will be closed; and harvest through ice would be prohibited.
AGENCY CONTACT PERSON: Lt. Jon Cornish - (200) 633-9595
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARINGS: July 6, 2010, 6:00 p.m., Municipal Meeting Room, Maine Street Station, 16 Station Avenue, Brunswick
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: July 16, 2010. To ensure consideration, comments must include your name and the organization you represent, if any. Be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
MAIL WRITTEN COMMENTS TO: DMR, attn L Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008. Website: www.maine.gov/dmr/rulemaking . E-mail: Laurice.Churchill@Maine.gov : Fax: (207) 633-9579; TTY: (207) 633-9500 (Deaf/Hard of Hearing). Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
URL: http://www.maine.gov/dmr/index.htm


AGENCY: 94-411 - Maine Public Employees Retirement System
CHAPTER NUMBER AND TITLE: Ch. 406, Payment or Repayment of Contributions and Interest for the Purchase of Creditable Service
PROPOSED RULE NUMBER: 2010-P137
CONTACT PERSON FOR THIS FILING: Kathy J. Morin, Manager, Actuarial & Legislative Affairs, Maine Public Employees Retirement System, 46 State House Station, Augusta, Maine 04333. Telephone: 1 (800) 451-9800 or (207) 512-3190. E-mail: Kathy.Morin@mainepers.org .Website: www.mainepers.org
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: July 8, 2010; 1:00 p.m.., Maine Public Employees Retirement System, Second Floor Conference Room, 96 Sewall Street, Augusta, Maine 04333
COMMENT DEADLINE: July 19, 2010
BRIEF SUMMARY: The Retirement System’s rules of practice for the purchase of creditable service are being repealed and replaced. The proposed replacement rule permits purchase of all of the same types of service credit contained in the current rule as well as new categories now included in law. The proposed rule makes the following changes to the purchase of service credit: 1) increases the required minimum payment; 2) limits frequency of changes to purchase amounts and purchase periods; 3) permits partial payments at any time; and 4) limits the payback period.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA §§ 17103(4), 17703(3), 17704(3), 17705, 17713(2), 17751(1), 17754(1), 17763(1), 18304(3), 18305(3), 18306, 18311(2), 18351(1), 18354(1), 18362(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):


AGENCY: 94-411 - Maine Public Employees Retirement System
CHAPTER NUMBER AND TITLE: Ch. 408, Military Service Credit
PROPOSED RULE NUMBER: 2010-P138
CONTACT PERSON FOR THIS FILING: Kathy J. Morin, Manager, Actuarial & Legislative Affairs, Maine Public Employees Retirement System, 46 State House Station, Augusta, Maine 04333. Telephone: 1 (800) 451-9800 or (207) 512-3190. E-mail: Kathy.Morin@mainepers.org . Website: www.mainepers.org
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: July 8, 2010; 1:00 p.m., Maine Public Employees Retirement System, Second Floor Conference Room, 96 Sewall Street, Augusta, Maine 04333
COMMENT DEADLINE: July 19, 2010
BRIEF SUMMARY: The Maine Public Employees Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule is being repealed. Part of this rule has been included in another System rule and other parts are obsolete and do not reflect current laws.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA §§ 17103(4), 17713, 17760, 18311 and 18360
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4.08, Falconry
PROPOSED RULE NUMBER: 2010-P139
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend newly adopted falconry regulations to allow the limited take (live capture), by permit, of passage northern peregrine falcons for use in falconry, upon approval by the U.S. Fish and Wildlife Service. This rule will establish a process by which the Department would issue the limited number of permits for this activity. The Department received tentative notification that Maine would be awarded 2 of the 36 permits being issued to states.
A copy of the proposal may be obtained from the Agency Contact Person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: July 16, 2010
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov .
URL: http://www.maine.gov/ifw/


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4.09, Transportation of Certain Wildlife and Fish into Maine from Outside of the State
PROPOSED RULE NUMBER: 2010-P140
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend rules to remove the prohibition of transporting cervid [deer, moose, elk, etc] carcasses and parts into Maine from the State of New Hampshire and provinces of New Brunswick and Quebec. Currently, in an attempt to eliminate or minimize the risk of introducing chronic wasting disease [CWD] into Maine, it is illegal for individuals to bring into Maine cervid carcasses or parts except for: boned-out meat, hardened antlers, skull caps that have been cleaned free of brain and other tissues, capes and hides with no skull attached, teeth, and finished taxidermy mounts. A copy of the proposal may be obtained from the Agency Contact Person listed below.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: July 16, 2010
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 19, Home and Community Benefits for the Elderly and Adults with Disabilities
PROPOSED RULE NUMBER: 2010-P141
CONCISE SUMMARY: In Ch. III, the Department is proposing the elimination of local codes and replacing them with HIPPA-compliant service codes. The proposed amendment consolidates the billing codes for services to the two different populations served by the program, Adults with Disabilities and the Elderly. In some instances, new rates and billing increments for services are proposed. In addition, the proposed rule has changed the description of services. These changes correspond to the realignment of services in the proposed MBM, Ch. II Section 19, which will be adopted upon MIHMS implementation. This rule will become effective with the implementation of the Maine Integrated Health Management System (MIHMS) anticipated in August. Some of the proposed changes to this chapter are subject to approval of the federal Medicaid authority, the Centers for Medicaid and Medicare Services.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING: July 6, 2010, Conference Room #3 – 10 a.m., Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before June 20, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight July 16, 2010
AGENCY CONTACT PERSON: Nicole Rooney, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-4460. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Nicole.Rooney@Maine.gov
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

ADOPTIONS


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 421, Safety and Operation Standards for Liquefied Petroleum Gas (LPG) Distribution Systems
ADOPTED RULE NUMBER: 2010-219
CONCISE SUMMARY: The Commission adopts this rulemaking of a new Ch. 421 that sets forth safety and operation standards specifically for jurisdictional liquid propane gas transmission and distribution systems. Additionally, the new Ch. 421 expands and clarifies the requirements for the operation, installation, and maintenance of liquid propane gas transmission and distribution systems.
EFFECTIVE DATE: June 9, 2010
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov
URL: http://www.maine.gov/mpuc/


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 302, Sales to Government Agencies and Exempt Organizations
ADOPTED RULE NUMBER: 2010-220
CONCISE SUMMARY: The rule has been repealed and replaced in order to establish clear procedures that Maine retailers must follow in order to document sales that are exempt by law from sales tax.
EFFECTIVE DATE: June 13, 2010
AGENCY CONTACT PERSON: Edward Charbonneau, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. E-mail: Edward.Charbonneau@Maine.gov
URL: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov


AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 202, Revenue Obligation Securities Program, Amendment 16
ADOPTED RULE NUMBER: 2010-221
CONCISE SUMMARY: The amendment adds a procedure for issuance of Recovery Zone Facility bonds and Qualified Energy Conservation bonds by the Authority.
EFFECTIVE DATE: June 13, 2010
AGENCY CONTACT PERSON: Christopher H. Roney, General Counsel, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 620-3520. E-mail: croney@famemaine.com
URL: http://www.famemaine.com/


AGENCY: 04-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 611, Maine College Savings Program, Amendment 12
ADOPTED RULE NUMBER: 2010-222
CONCISE SUMMARY: The rule amendment (1) acknowledges that for 2009 and 2010, the Hope Scholarship tax credit is also known as the American Opportunity tax credit and qualified higher education expenses include computers and certain related equipment, Internet access, and software; (2) clarifies that a taxpayer identification number may be acceptable in the absence of a social security number, where required; (3) changes the deadline for applications for annual matching grants related to contributions made to accounts in 2009 to June 30, 2010; (4) permits the Authority to determine the maximum amount of an annual matching grant and the basis for determining amounts of annual matching grants, if any, beginning in 2011; and (5) clarifies the method for establishing the amount of Gold Star Scholarships, if any.
EFFECTIVE DATE: June 13, 2010
AGENCY CONTACT PERSON: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 620-3515. E-mail: kgrabrielson@famemaine.com
URL: http://www.famemaine.com/
FAME RULE-MAKING LIAISON: croney@famemaine.com


AGENCIES:
02-313 - Board of Dental Examiners
02-373 - Board of Licensure in Medicine
02-380 - State Board of Nursing
02-383 - Board of Osteopathic Licensure
02-396 - Board of Licensure of Podiatric Medicine
CHAPTER NUMBER AND TITLE:
Ch. 21, Use of Controlled Substances for Treatment of Pain (new chapter for all five boards)
Ch. 11, Use of Controlled Substances for Treatment of Pain (repeal of this chapter by Board of Licensure in Medicine and Board of Osteopathic Licensure only)
ADOPTED RULE NUMBER: 2010-223 thru 229
CONCISE SUMMARY: The Board of Dental Examiners, Board of Licensure in Medicine, State Board of Nursing, Board of Osteopathic Licensure and Board of Licensure of Podiatric Medicine adopted a new joint rule relating to the use of controlled substances for treatment of pain. The Board of Licensure in Medicine and Board of Osteopathic Licensure also repealed Ch. 11, a predecessor joint rule of those two boards only.
EFFECTIVE DATE: June 13, 2010
AGENCY CONTACT PERSON: Susan E. Strout, Executive Secretary, Board of Osteopathic Licensure, 142 State House Station, Augusta, ME 04333. Telephone: (207) 287-2480. E-mail: Susan.E.Strout@Maine.gov .
URL: http://www.maine.gov/pfr/professionallicensing/index.shtml
RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov