August 4, 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: 95-648 - Efficiency Maine Trust
CHAPTER NUMBER AND TITLE: Ch. 1, Contracting Process for Service Providers and Grant Recipients
PROPOSED RULE NUMBER: 2010-P190
CONTACT PERSON: Lucia Nixon, Efficiency Maine Trust, 19 State House Station, Augusta, ME, 04333-0019, Telephone: (207) 287-2603. E-mail: Lucia.Nixon@efficiencymaine.com
PUBLIC HEARING: 9:30 a.m., August 26, 2010, Room 211, Cross Office Building, Augusta, ME 04330
COMMENT DEADLINE: September 7, 2010
BRIEF SUMMARY: This chapter establishes the procedures governing the selection of service providers to deliver programs and the selection of projects to receive awards under grants administered by the Efficiency Maine Trust. Under this chapter, most service providers and grant recipients will be selected by means of a competitive bid process conducted by issuing Requests for Proposals or similar documents. Some service providers and projects may be selected without a competitive bid process, when sole-source procurement is the most efficient means to deliver the program or project. This chapter also establishes the procedure to seek reconsideration of a selection decision. Upon adoption of Ch. 1, rule Ch. 381, Selection of Conservation Program Service Providers, formerly adopted by the Public Utilities Commission is repealed.
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §10105(4), §10105(5), §10110(3), §10111(13), §10119(3)
WEBSITE: http://www.efficiencymaine.com/


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 113, Allowances for Transportation Services
PROPOSED RULE NUMBER: 2010-P191
CONCISE SUMMARY: This proposed rule will adopt emergency rules reflecting the cost savings measures of the Maine June 2010 Supplemental Budget, resulting in a 6.5% decrease in all Allowances for Transportation Services reimbursement rates to be effective August 1, 2010. Of note, rate standardization was already in process for many months to prepare for the implementation of Maine Integrated Health Management Solution (MIHMS), the CMS certified billing system, therefore The Department determined that rate standardization was necessary to occur in this rulemaking prior to the 6.5% budgeted rate decrease.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173, PL 2009, Ch 571, Part OOO, (000-1, Part RRRR, RRR-1
PUBLIC HEARING: Monday, August 23, 2010 at 1:30 p.m., Conference Room 3, Department of Health and Human Services, 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 August 16, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight Monday, September 6, 2010.
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Delta.Cseak@Maine.gov
WEBSITE: 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 #09-10
PROPOSED RULE NUMBER: 2010-P192
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: August 20, 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: August 20, 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
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml
AGRICULTURE RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov


AGENCY: 01-017 - Maine State Harness Racing Commission
RULE TITLE OR SUBJECT: Ch. 1, Administration: Section 1, Definitions; Sub-section 57-A and Sub-section 20-B; Section 8, Equipment Inspection; Section 9, Sulky Approval, Sub-section 9
PROPOSED RULE NUMBER: 2010-P193
CONCISE SUMMARY: The proposed rule change in Section 1, Subsection 57-A provides for a definition of Out-of-Competition Testing. The proposed rule change in Section 1, Sub-section 20-B provides for a clarification that any prohibited substance introduced into a horse is a violation of the rules. The proposed change in Section 8 requires that any equipment change must be announced to the public. And, the proposed rule in Section 9 requires that mud fenders shall not protrude in a way that would interfere with trailing horses.
RULE TITLE OR SUBJECT: Ch. 7, Racing: Section 6, Meeting Race Meet Standards and Maintaining Eligibility; Section 7, Steward’s List, Sub-sections 2 and 4; Section 18, Conditioned Races; Section 40, Bad Acting Horse; Section 46, Duties of Trainer; Section 54, Racing Violations, Sub-sections 1.O,Q &T; Section 58, Placing Offending Horses; Section 68, Fraud or Misconduct; Section 78, Win Race Record
PROPOSED RULE NUMBER: 2010-P194
CONCISE SUMMARY: The proposed changes to Section 6 change the length of time from a horse last start from 45 days to 30 days before it must qualify and changes the number of times that a horse does not meet qualifying standards from 3 to 2 races.
The proposed rule change in Section 7, Sub-section 2 requires that four additional conditions requiring the horse to be put on the Steward’s List.
This proposed rule change in Section 7, Sub-section 4 requires that the Commission Veterinarian’s Notice Form must indicate that the horse has been examined by a veterinarian and must be received by the Presiding Judge prior to the draw.
The proposed rule change in Section 18 allows the Race Secretary to write conditions for extended meet races excluding any race wins or money earnings from non-extended meet races. Further, it allows clarification of not including race wins or money earnings received in non-pari mutuel races.
The proposed change in Section 40 allows the Judges to determine if a ‘bad acting horse’ should continue in that race and places such horse on the Steward’s List.
The proposed change in Section 46 further clarifies the responsibilities of a trainer in the event he is absent form the track on the day he is listed as trainer for horses racing.
The proposed change to Section 54, Sub-section 1.O, Q & T would allow for a penalty to be imposed on a driver whether the horse was disqualified or placed; reduces the suspension of a driver for a third and subsequent violation from 30 to 15 days within one year of the first violation; and, requires that a drivers feet must remain in the stirrups or heel plates of a sulky during a race.
The proposed change in Section 58 allows the Presiding Judge to impose a penalty on the driver whether the interference affected the outcome of the race and no disqualification or placings were made.
The proposed rule change in Section 68 separates the two issues of fraud and misconduct on behalf of a licensee. This change will allow the Presiding Judge to use this rule for either fraud or misconduct.
The proposed change in Section 78 allows a race win record when if a horse is placed first following a race and allows a winning horse that is placed to revert to its former status regarding win records.
RULE TITLE OR SUBJECT: Ch. 9, Sire Stakes: Section 2, Eligibility Criteria, and Section 6, Conditions
PROPOSED RULE NUMBER: 2010-P195
CONCISE SUMMARY: The proposed change in Section 2 establishes the time by which a late fee and registration may be received for registering a stallion to stand in the State of Maine. Further, it clarifies when the stallion must be standing in Maine in the event a late fee and late registration were made. The proposed change in Section 6 allows for a consolation final for Sire Stake participants that did not qualify for the final.
RULE TITLE OR SUBJECT: Ch. 17, Rule Violations, Penalties: Section 2 Maximum Penalties
PROPOSED RULE NUMBER: 2010-P196
CONCISE SUMMARY: The proposed rule changes the minimum and maximum penalties that may be imposed for the various levels of violations.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA §§ 263-A, 268, 275-C, 279-A and B
PUBLIC HEARING: August 25, 2010 at 12:30 p.m., Gambling Control Board Room, Department of Public Safety, 45 Commerce Drive, Suite 1, Augusta, ME 04333-0104
DEADLINE FOR COMMENTS: September 8, 2010 by 5:00 p.m.
AGENCY CONTACT PERSON: Henry W. Jackson, Executive Director, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-3221. E-mail: Henry.Jackson@Maine.gov
WEBSITE: http://www.maine.gov/agriculture/hrc/index.html
AGRICULTURE RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov

ADOPTIONS


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #08-10
ADOPTED RULE NUMBER: 2010-318
CONCISE SUMMARY: Minimum August 2010 Class I price is $19.02/cwt. plus $1.48/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.86/cwt. handling fee for a total of $24.09/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: August 1, 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
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml
AGRICULTURE RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 212, Exemption of Competitive Telecommunications Carriers from Certain Filing and Approval Requirements
ADOPTED RULE NUMBER: 2010-319
CONCISE SUMMARY: The Commission initiates this rulemaking to amend Ch. 212 to include dark fiber providers to the list of classes of telephone utilities exempt from portions of the requirements of 35-A MRSA §§ 504(2), 901-904, 907, 908, 910, 911, 1101, and 1103.
EFFECTIVE DATE: August 3, 2010
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, State House Station 18, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov
WEBSITE: http://www.maine.gov/mpuc/