December 8, 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: 01-001 – Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 702, Rules for the Low Income Spay/Neuter Program
PROPOSED RULE NUMBER: 2010-P325
CONTACT PERSON FOR THIS FILING: Norma J. Worley, Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-5531. E-mail: Norma.J.Worley@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: December 29, 2010 – 9 a.m., AMHI Complex, Deering Building, Room 319, 90 Blossom Lane, Augusta, ME 04330
COMMENT DEADLINE: January 10, 2011
BRIEF SUMMARY: These proposed amendments to the current Rule for the low-income spay/neuter program will re-define the eligibility requirements for participation in the program and program administration and performance contained in the current Rules.
DETAILED BASIS STATEMENT / SUMMARY: These proposed amendments will amend the current Rules and establish a more efficient method to meet the public needs. The changes, corrections and additions are listed below:
* Adds the definition of a "feral cat" where none existed.
* It will clarify eligibility standards by removing current language which requires that the owner be on specified public assist programs to simply having a household income of less than 133% of the federal poverty income level.
* It will allow the Commissioner to determine what public assistance program, if any will be used to establish eligibility requirements.
* It will clarify what dogs and cats are not eligibility for the participation in the program.
* It makes changes to the Program Administration by:
1. The program can be administrated either by the Department or an organization or and individual contracted by the Commissioner.
2. If the program is contracted to an organization or individual, the Commissioner shall deposit all funds into the Companion Animal Sterilization Fund.
3. The contracted organization or the individual shall submit financial reports every thirty (30) days to the Commissioner. This report shall include but not limited to the number of vouchers issued; number of animals altered; eligibility of owners and confirmation of such; and veterinarian reimbursement.
* It will allow the Director of the Animal Welfare Program and/or Administrator the ability to the appropriate the available funds to one or both species in order to control the overpopulation of one species.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 7 §3910-B, Companion Animal Sterilization Fund
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/agriculture/aw/index.html
AGRICULTURE RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #01-11
PROPOSED RULE NUMBER: 2010-P326
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: December 27, 2010, Monday, starting at 10:00 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: December 27, 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


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 703, Exempt Sales of Cigarettes
PROPOSED RULE NUMBER: 2010-P327
CONCISE SUMMARY: The rule has been in place for many years and simply explains the circumstances under which cigarettes may be sold free of the cigarette excise imposed by Title 36 Ch. 703. The proposed amendments update the rule to make it consistent with recent statutory changes, including deleting references to cigarette “dealers”.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §§ 112, 4379
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: January 10, 2011
AGENCY CONTACT PERSON: David Bauer, Tax Policy Analyst, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov


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 50, Principles of Reimbursement for Intermediate Care Facilities for the Mentally Retarded
PROPOSED RULE NUMBER: 2010-P328
CONCISE SUMMARY: This proposed rule does away with costs for Community Support Services (formerly called Day Habilitation Services) as part of the cost basis of the per diem rate for Intermediate Care Facilities for persons with mental retardation. Instead, the rule refers providers to the reimbursement methods and rate for Community Support Services set forth in MaineCare Benefits Manual (MBM), Ch. II and III Section 21. The amendment is made necessary by the repeal of MBM, Section 24, Day Habilitation Services. The amendment will also allow the billing code for this service to conform to federally required codes and the implementation of the Department’s new claims processing system. Since this rule is a Major Substantive rule, it will not be finally adopted until approved by the Legislature. This change was adopted on an emergency basis effective April 1, 2010.
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; 34-B MRSA §5432(3)
PUBLIC HEARING: December 27, 2010 at 1 p.m., Conference Room 1B, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before December 23, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight, January 6, 2011.
AGENCY CONTACT PERSON: Michael J. Dostie, Comprehensive Health Planner, Office of MaineCare Services, 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: Michael.J.Dostie@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .

ADOPTIONS


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 601, Estate Tax
ADOPTED RULE NUMBER: 2010-609
CONCISE SUMMARY: Rule 601 provides comprehensive definitions and explanations of statutory terms and procedures for Maine estate tax returns. Specifically, the domicile discussion in section .07(B) is enhanced to provide more guidance in determining the domicile of the decedent at the time of death, including relevant factors, reference to income tax factors and the factors excluded from consideration. The domicile discussion provides guidance to the executors of estates when the decedent was incapacitated. In section .08 (A), the ME QTIP calculation is explained for estates of decedents dying on or after 1/1/2010. Various other editorial changes are made.
CHAPTER NUMBER AND TITLE: Ch. 807, Residency
ADOPTED RULE NUMBER: 2010-610
CONCISE SUMMARY: MRS is adopting new Rule 807 “Residency.” The current guidance document on the subject has become important for taxpayers, practitioners and MRS to rely on for information. The contents of the guidance document are adapted to the regulatory format and updated with additional information for guardians of incapacitated individuals and individuals residing in residential care facilities and new guidance to spouses of military personnel.
EFFECTIVE DATE: December 5, 2010
AGENCY CONTACT PERSON: John W. Sagaser, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9536. E-mail: John.W.Sagaser@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov .


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 701, Rules Governing Animal Welfare: Section VIII, The Spay/Neuter Reimbursement Program
ADOPTED RULE NUMBER: 2010-611
CONTACT PERSON FOR THIS FILING: Norma J. Worley, Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-5531. E-mail: Norma.J.Worley@Maine.gov .
CONCISE SUMMARY: This amendment will coordinate the holding periods and allow the animal shelters to surgically alter cats in forty-eight (48) hours rather than holding them for six (6) days as the current rule requires.
DETAILED BASIS STATEMENT/SUMMARY: The current rule requires animal shelters to hold stray cats for six (6) days before altering in order to qualify for reimbursement under this Rule. Current statute, 7 MRS §3919-A, requires stray cats to be held only forty-eight (48) hours. This amendment will coordinate the holding periods and allow the shelters to surgically alter the cats in forty-eight (48) hours rather than holding them for six (6) days.
By allowing the animal shelters to surgically altered stray cats in forty-eight (48 hours)it will allow the cats to be adopted much sooner than the current requirement of six (6) days and still be eligible for reimbursement from the Department.
EFFECTIVE DATE: December 5, 2010
AGENCY CONTACT PERSON: Ned R. Porter, Department of Agriculture, Food & Rural Resources, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-7576. E-mail: Ned.R.Porter@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/aw/index.html


AGENCY: 02-392 - Department of Professional and Financial Regulation (P&FR), Office of Licensing and Registration (OLR), Maine Board of Pharmacy
CHAPTER NUMBER AND TITLE: Ch. 34, Licensure of Retail Suppliers of Medical Oxygen and Prescription Devices
ADOPTED RULE NUMBER: 2010-612 (Emergency)
CONCISE SUMMARY: This chapter, adopted as an emergency rule, requires retail suppliers of medical oxygen and prescription devices to apply for and obtain a new type of limited retail pharmacy license from the board.
EFFECTIVE DATE: November 24, 2010
AGENCY CONTACT PERSON: Geraldine Betts, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8625. E-mail: Geraldine.L.Betts@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/pharmacy/index.htm
OLR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .