March 23, 2011

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: 16-633 - Department of Public Safety, Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 2, Licenses and Applications
PROPOSED RULE NUMBER: 2011-P26
CONTACT PERSON FOR THIS FILING: Janet Joyeux, Assistant to the Commissioner, Department of Public Safety, Office of the Commissioner, 45 Commerce Dr., Suite 1, Augusta, ME 04333. Telephone: (207) 626-3809. E-mail: Janet.D.Joyeux@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: April 11, 2011, 1:00 p.m., Department of Public Safety, Gambling Control Board Conference Rm., 45 Commerce Dr., Augusta, ME 04333
COMMENT DEADLINE: April 22, 2011
BRIEF SUMMARY: This rule will amend the existing rule to include guidelines for licenses and applications for casino operators and table game distributors, as well as to make minor technical edits to this chapter to include references to these license types where appropriate.
DETAILED BASIS STATEMENT / SUMMARY: Maine voters approved the Oxford County Casino Referendum in November 2010. Therefore, the Gambling Control Board must amend its rules and application forms to include the newly authorized activities of casino operator and table game distributor.
The proposal amends Ch. 2. Licenses and Applications. in order to provide guidelines and forms appropriate for applicants for Casino Operator licenses and Table Game Distributor licenses. Additional rule-making will be undertaken when the Gambling Control Board has completed the approval process for the successful applicant for the license to operate the casino in Oxford. At that time, the Board will know which games the operator has proposed to play and the rules for each of those games can be promulgated.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA §1063
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dps/GambBoard/
PUBLIC SAFETY RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .

ADOPTIONS


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 801, Apportionment
ADOPTED RULE NUMBER: 2011-78
CONCISE SUMMARY: Rule 801 serves to explain the basis for the apportionment of net income of corporations, pass-through entities, sole proprietorships and other business types as required by law. This rule, recently amended on September 12, 2010, inadvertently excluded changes made in a previous version of the Rule adopted in February 2009. The omissions include the definition of “Located in the State,” which also appears in statute, “Sales in this State” in section .06(A), the opening sentences on sourcing sales other than sales of tangible personal property and discussion of sales of goodwill and accounts receivable and collection services in .06(E)(7) and (8), and the use of pass-through entity terminology to replace partnership references. Changes made to Rule 801 to restore the above language.
EFFECTIVE DATE: March 19, 2011
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/