January 4, 2012

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.

NOTICE

AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections & Commissions
RULE TITLE OR SUBJECT: Request for Comments on the Maine Administrative Procedure Act
CONCISE SUMMARY: By the end of January, 2012, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include any comments on these recommended improvements in the report.
STATUTORY AUTHORITY: 5 MRSA §8056-A
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 26, 2012
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary of State, 101 State House Station, Augusta, ME 04333. Telephone: (207) 624-7650. Fax: (207) 287-6545. E-mail: Don.Wismer@Maine.gov
WEBSITE: http://www.maine.gov/sos/cec/rules/index.html

PROPOSALS

AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #02-12
PROPOSED RULE NUMBER: 2011-P270
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/statutes_rules.shtml.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: January 20, 2012, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 20, 2012
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 .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .

ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 307, Maine Seed Capital Tax Credit, Amendment 7
ADOPTED RULE NUMBER: 2011-479
CONCISE SUMMARY: The amendment implements the changes made by P.L. 2011, Ch. 454, expanding the credit statewide to 60% (except for private venture capital funds) and relating to refundable tax credits for private venture capital funds.
CHAPTER NUMBER AND TITLE: Ch. 325, Maine New Markets Capital Investment Program
ADOPTED RULE NUMBER: 2011-480
CONCISE SUMMARY: This rule is a new rule proposed to implement the Maine New Markets Capital Investment Program. This program was created by the Legislature this past session (PL 2011, Ch. 380, Part Q). It is modeled on the federal New Markets Tax Credit Program, awarding credits against Maine income tax for certain investments in low income community businesses in the state. The statute requires the Authority to promulgate rules to implement the Program.
EFFECTIVE DATE: January 1, 2012
AGENCY CONTACT PERSON: Christopher H. Roney, Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, ME 04332-0949. Telephone: (207) 623-3263. E-mail: croney@famemaine.com .
WEBSITE: http://www.famemaine.com/


AGENCY: 16-633 - Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 5, Internal Controls
ADOPTED RULE NUMBER: 2011-481
CONCISE SUMMARY: The will change the minimum control standards for slot and casino operators.
CHAPTER NUMBER AND TITLE: Ch. 24 (New), The Use of Front Money Deposits
ADOPTED RULE NUMBER: 2011-482
CONCISE SUMMARY: This rule will allow casinos to take and process front money from patrons.
CHAPTER NUMBER AND TITLE: Ch. 25 (New). Approval of Table Games Rules of Play
ADOPTED RULE NUMBER: 2011-483
CONCISE SUMMARY: This rule will establish the process for casinos to get their table games rules of play approved.
CHAPTER NUMBER AND TITLE: Ch. 26 (New), Posting of Rules
ADOPTED RULE NUMBER: 2011-484
CONCISE SUMMARY: This rule will require that casinos post the rules of table games.
EFFECTIVE DATE: January 2, 2012
AGENCY CONTACT PERSON: Patrick J. Fleming, Gambling Control Board, 87 State House Station, Augusta, ME 04333-0087. Telephone: (207) 626–3901. E-mail: Patrick.J.Fleming@Maine.gov .
WEBSITE: http://www.maine.gov/dps/GambBoard/ .
DEPARTMENTAL RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #01-12
ADOPTED RULE NUMBER: 2011-485 (Emergency)
CONCISE SUMMARY: Minimum January 2012 Class I price is $22.05/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $25.60/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: January 1, 2012
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: Caldwell.Jackson@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program Certification Manual, Approved Rule #173A: Increase in Income Limits, Standard Deductions, Excess Shelter Deduction and the Full Standard Utility Allowance. FS-000-l, FS-555-5 (pgs. 1, 5, & 6)
ADOPTED RULE NUMBER: 2011-486
CONCISE SUMMARY: This rule increases the income eligibility standards, deductions and the Full Standard Utility Allowance. Potentially some more households may be eligible due to the new income standards.
Households who are currently open on Food Supplement benefits may receive increased benefits due to the increased deductions and the full standard allowance for the cost of heat or receipt of LIHEAP benefits.
EFFECTIVE DATE: October 1, 2011
AGENCY CONTACT PERSON: Karen L. Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta, ME 04333-0011. Telephone: (207) 287-7118. TTY: (800) 606-0215. E-mail: Karen.L.Curtis@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program Certification Manual, Rule #174E: Legal Non-Citizens (FS-111-2 pages 2-5A
ADOPTED RULE NUMBER: 2011-487 (Emergency)
CONCISE SUMMARY: This rule implements the following:
1. Maine provisions from Part KK of the State FY 2012 and FY 2013 Biennial Budget (P.L. 2011, Ch. 380). As of January 1, 2012, this rule will restrict new legal non-citizen eligibility to applicants who are: (1) elderly, (2) disabled, (3) victims of domestic violence, or; (4) experiencing a hardship. State-funding for individuals receiving Food Supplement assistance and for those who have a pending application as of January 1, 2012 will be preserved under this rule.
2. Implements Federal rule changes that affect legal non-citizens; including elimination of a time limit associated with Iraqi and Afghani individuals, and clarifies which legal non-citizens are subject to the 5-year waiting period or other conditions associated with eligibility.
EFFECTIVE DATE: December 29, 2011
AGENCY CONTACT PERSON: Karen L. Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta, ME 04333-0011. Telephone: (207) 287-7118. TTY: (800) 606-0215. E-mail: Karen.L.Curtis@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 11, Scallope: 11.10(1)(H)(11), Atlantic Sea Scallop Limitations, Closed Areas, East Bay and South Bay Areas - Emergency regulations
ADOPTED RULE NUMBER: 2011-488 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking for a conservation closure in East and South Bay of Cobscook Bay to protect Maine’s scallop resource due to the risk of unusual damage and imminent depletion of the scallop resource. The Department is concerned that unrestricted harvesting during the remainder of the 2011/2012 fishing season may deplete a severely diminished resource beyond its ability to recover. A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: January 2, 2012
AGENCY CONTACT PERSON: Trisha DeGraaf, Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. TTY: (207) 633-9500. Telephone: (207) 624-6554. E-mail: Trisha.DeGraaf@Maine.gov .
WEBSITE: http://www.maine.gov/dmr/index.htm