Home → Bureau of Corporations, Elections & Commissions → Rule Making → Weekly Notices → April 4, 2012

April 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.

PROPOSALS

AGENCY: 94-591 - Motor Carrier Review Board
CHAPTER NUMBER AND TITLE: Ch. 1, Bylaws of the Maine Motor Carrier Review Board
PROPOSED RULE NUMBER: 2012-P35
BRIEF SUMMARY: This amendment clarifies the bylaws and internal management of the Motor Carrier Review Board as well as correcting grammatical errors.
CHAPTER NUMBER AND TITLE: Ch. 2, The Process for the Selection and Review of Motor Carriers
PROPOSED RULE NUMBER: 2012-P36
BRIEF SUMMARY: This amendment defines actions that may be taken by the board, the method of selection of carriers for review, adds definitions and communication information. This amendment also removes Appendix B and substantially updates Appendix A, Relative Severity Factor Ratings.
CHAPTER NUMBER AND TITLE: Ch. 3, Hearing Procedures
PROPOSED RULE NUMBER: 2012-P37
BRIEF SUMMARY: This amendment adds statutory citations to the hearings process and corrects grammatical errors.
PUBLIC HEARING: April 26, 2012, 9:00 a.m. – 10:00 a.m., Bureau of Motor Vehicles, 101 Hospital Street, 2nd Floor – Conference Room, Augusta, Maine
COMMENT DEADLINE: May 7, 2012
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY: 29 A MRSA §562
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
CONTACT PERSON FOR THESE FILINGS / SMALL BUSINESS INFORMATION: Francis Fox, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9056. E-mail: Francis.Fox@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/commercial/mcrb.html .
BMV RULE-MAKING LIAISON: Thomas.Arnold@Maine.gov .

AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #05-12
PROPOSED RULE NUMBER: 2012-P38
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: April 19, 2012, Thursday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: April 19, 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 .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

ADOPTIONS

AGENCY: 01-001 – Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 211, Rules for the Disposal of Animal Carcasses
ADOPTED RULE NUMBER: 2012-82
CONCISE SUMMARY: This is an update of Ch. 211, which was last updated in 1996. It expands the rule to include new disposal technologies and methods and requires large livestock farms to have a catastrophic carcass disposal plan. It also requires that provisions for disposing of routine mortalities be added to nutrient management plans as they are developed. Siting requirements for carcass burial, composting and other types of disposal sites have been updated as well.
DETAILED BASIS STATEMENT / SUMMARY: Maine's animal carcass disposal rules were last updated in 1996 and are now very outdated. Since that time considerable research on animal carcass disposal technologies and methods has been done both here in Maine and elsewhere. The rules that are currently in place do not reflect the many new approaches that have been developed and are now among the industry standard practices. In addition, the old rules allow for practices such as disposal pits that are no longer considered to be best management practices.
The current rule places more emphasis on composting, which is now the preferred disposal method in Maine, especially for catastrophic events.
Technologies that were not addressed in the old rule, such as anaerobic digestion, alkaline hydrolysis, thermal hydrolysis and pyrolysis have been added to the rule as acceptable disposal techniques and standards have been developed. New approaches for incineration have been added and new standards for incinerator siting and operation are referenced.
The update also requires that farms with more than 300 animal units have a catastrophic carcass disposal plan and that provisions for the disposal of normal mortality be added to nutrient management plans as they are written or updated. More detailed siting standards for burial, compo sting and other carcass disposal sites (including animal baiting sites) have been developed based on experience gained in the 15 years since the last rule update.
The updated rule will continue to be administered through the Maine Department of Agriculture's Nutrient Management and Agricultural Compliance Programs in cooperation with the State Veterinarian.
EFFECTIVE DATE: April 28, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Caldwell Jackson, Agriculture, Food and Rural Resources, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7576. E-mail: Caldwell.Jackson@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/index.shtml .

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #04-12
ADOPTED RULE NUMBER: 2012-83
CONCISE SUMMARY: Minimum April 2012 Class I price is $18.91/cwt. plus $1.48/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $2.33/cwt. handling fee for a total of $24.45/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: April 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 .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, OFI Food Supplement Certification Manual, Rev. #174A; Legal Non-Citizens - FS-111-2 (pages 2-5A)
ADOPTED RULE NUMBER: 2012-84
CONCISE SUMMARY: This rule adopts the following:
1. The emergency rule, #174E, Legal Non-Citizens, which became effective as of January 1, 2012.
2. 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 law restricts new legal non-citizen eligibility for state-funded Food Supplement assistance to applicants who are: (1) elderly, (2) disabled, (3) victims of domestic violence, or; (4) experiencing a hardship. State-funding for individuals who are receiving Food Supplement assistance and for those who have a pending application as of January 1, 2012 will be preserved under this rule.
3. Federal rule changes that affect legal non-citizens; including elimination of time limits 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.
4. Additionally, this rule includes revisions from the previously-approved proposed rule as a result of a public hearing and comments received. Revisions include the addition of asylum seekers (including their children under 18 years old, if any) who have not yet achieved Asylee status (a qualified status for Federally-funded benefits). Asylum seekers are subject to the new criteria stated above: 1) elderly, (2) disabled, (3) victims of domestic violence, or; (4) experiencing a hardship.
EFFECTIVE DATE: April 1, 2012
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/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2012-90 (Emergency)
CONCISE SUMMARY: This emergency rule is being adopted pursuant to Public Law, Ch. 477, LD 1816, the Maine State Supplemental Budget passed by the 125th Maine State Legislature and signed into law by Governor Paul R. LePage on February 26, 2012, which directed the Department to reduce the current limitations on brand name drugs to allow a member to receive a total of two (2) brand name drugs per month when a generic equivalent is available.
In addition, the Department is making additional changes to this rule as identified in the Department’s Administrative Savings proposals. These initiatives are part of a range of adjustments that the Department is making through the adopted 2012 Supplemental Budget, to include: a discontinuation of reimbursement for nutritional products through retail pharmacies and reduction of reimbursement for brand-name medications provided at a retail pharmacy from the current methodology of Average Wholesale Price (AWP) minus (-) fifteen percent (15%) to AWP minus (-) sixteen percent (16%).
This rule-making includes other changes that will achieve savings, or support the Department in achieving savings, but are not directly included in the DHHS Supplemental Budget. This rule-making adds criteria for early refills for mail order prescriptions in excess of a ninety percent (90%) threshold, which is expected to achieve cost savings. The Department will also add Wholesale Acquisition Cost reimbursement methodology for generic, brand name and specialty medications as a reimbursement methodology. Finally, the Department is adding a provision that a provider may be limited to billing based on the Federal Upper Limit (FUL) unless the Department meets FUL in the aggregate, which is automatically calculated at the point of sale. The Department requires pharmacy providers to bill at the lowest of the reimbursement methodologies listed in the rule, therefore, the inclusion of WAC as a reimbursement methodology and the addition of language allowing providers to bill based on FUL, unless the Department meets FUL in the aggregate, is expected to result in cost savings.
Finally, this rule-making will include a change that was previously enacted through an emergency rule-making, effective February 1, 2012, that increased the dispensing fee for mail-order pharmacies from one-dollar ($1.00) to two-dollars and fifty cents ($2.50). This change is included in this rule-making in order to avoid two separate emergency rules existing for the same section of policy at one time. The effective date for this change will begin again upon enactment of this emergency rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: April 1, 2012
AGENCY CONTACT PERSON: Amy Dix, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
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. 331, OFI Maine Public Assistance Manual (TANF), Rev. #92A: Introduction, page 2; Ch. I, Non-financial Eligibility, pages 21 – 25c; Ch. X, pages 1 – 2a
ADOPTED RULE NUMBER: 2012-93
CONCISE SUMMARY: This rule requires the Department to deny TANF cash assistance to families who have received TANF for longer than 60 months, unless the Department determines the family qualifies for a hardship extension.
EFFECTIVE DATE: April 4, 2012
AGENCY CONTACT PERSON: Dawn Mulcahey, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011. Telephone: (207) 287-6426. TTY: (800) 606-0215. E-mail: Dawn.Mulcahey@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 90-351 - Workers’ Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 1, Payment of Benefits: �1, Claims for Incapacity and Death Benefits
ADOPTED RULE NUMBER: 2012-94
CONCISE SUMMARY: The rule amends the Board’s “fourteen day rule”. The amendment:
* specifies to whom notice of a claim for incapacity benefits must be made;
* in the event a Notice of Controversy is not filed within 14 days of a claim for incapacity, benefits must be paid from the date the claim is made instead of the current requirement that benefits be paid from the date of incapacity
* clarifies that the violation ends when a Notice of Controversy is filed and benefits are paid
* provides that the payment obligation ends even if the average weekly wage and/or compensation rate was calculated incorrectly as long as the payment was reasonable and based on information gathered at the time of the payment.
EFFECTIVE DATE: April 2, 2012
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station, Augusta, Maine 04333-0027. Telephone: (207) 287-7086. E-mail: John.Rohde@Maine.gov .
WEBSITE: http://www.maine.gov/wcb/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose Hunting Season, C., Permits
ADOPTED RULE NUMBER: 2012-95
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended a rule to establish the number of moose hunting permits to be issued for the 2012 season. Permits will be issued for bulls, antlerless and any-moose. Permits are allocated according to Wildlife Management District as follows:

WMD 1 – 150 bulls / 150 antlerless WMD 2 – 300 bulls / 300 antlerless WMD 3 – 200 bulls / 300 antlerless WMD 4 – 300 bulls / 300 antlerless WMD 5 – 125 bulls / 50 antlerless WMD 6 – 175 bulls / 175 antlerless WMD 7 – 125 bulls / 15 antlerless WMD 8 – 235 bulls / 60 antlerless WMD 9 – 50 bulls WMD 10 – 60 bulls / 10 antlerless WMD 11 – 50 bulls / 50 antlerless WMD 12 – 35 bulls / 20 antlerless WMD 13 – 35 bulls / 10 antlerless	WMD 14 – 35 bulls WMD 15 – 25 any-moose WMD 16 – 20 any-moose WMD 17 – 20 bulls / 10 antlerless WMD 18 – 50 bulls / 10 antlerless WMD 19 – 75 bulls WMD 22 – 20 any-moose WMD 23 – 45 any-moose WMD 25 – 45 any-moose WMD 26 – 45 any-moose WMD 27 – 20 bulls WMD 28 – 25 bulls	�
TOTAL: 2,065 bulls / 1,460 antlerless / 200 any-moose		�

In WMDs 1, 2, 3, 4, 5, 6, 11 and 19 the season will begin on the Monday following the close of the bear baiting season and remain open for 6 days and in WMDs 1 – 14, 17, 18, 19, 27 and 28 the season will begin on the second Monday of October and remain open for 6 days.
There shall be an open season in WMDs 1 – 8, 10 and 11 to begin on the first Monday of November and remaining open for 6 days with antlerless only permits being allocated.
In WMDs 15, 16, 22, 23, 25 and 26 the season begins the 4th Monday preceding Thanksgiving to the Saturday following Thanksgiving; the Saturday preceding the first day of this season is open for the hunting of moose by permit holders who are residents of this State only. The term “any-moose” means a moose of either sex. Persons hunting moose during this season must comply with the same hunter orange requirements as deer hunters. The legal hunting hours will be from ½ hour before sunrise to ½ hour after sunset.
EFFECTIVE DATE: April 7, 2012
AGENCY CONTACT PERSON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .

AGENCY: 18-553 - Department of Administrative and Financial Service (DAFS), Bureau of Alcoholic Beverages and Lottery Operations / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 50, Lucky for Life Rules (New)
ADOPTED RULE NUMBER: 2012-96
CONCISE SUMMARY: This new rule governs the online draw game Lucky for Life. Lucky for Life is a regional New England game to be sold in Maine, New Hampshire, Vermont, Massachusetts, Rhode Island and Connecticut. Maine has entered into a legal agreement with those states to sell this game. This game will replace Maine’s version of the Tri-State Lotto Commission game, Weekly Grand Extra. Lucky for Life costs $2.00 per single play bet; has a double game matrix of 5 of 40 and 1 of 21, has overall odds of winning a prize of 1 in 6.613; has odds of winning the top prize of 1 in 13,818,168; has a top prize of $7000 a week for life and has a Match 5+0 second prize of $25,000. This game will be drawn on Mondays and Thursdays.
EFFECTIVE DATE: April 7, 2012
AGENCY CONTACT PERSON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Pouilin@Maine.gov .
WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .

AGENCY: 10 � Department of Health and Human Services (DHHS):
10-144 � DHHS, Division of Licensing and Regulatory Services; and
10-149 � DHHS, Office of Elder Services
CHAPTER NUMBER AND TITLE: 10-144 Ch 503, Maine Certificate of Need Procedures Manual for Health Care Facilities (other than Nursing Care Facilities); and 10-149 Ch. 5 Section 71, Certificate of Need for Nursing Facility Level of Care Projects
ADOPTED RULE NUMBERS: 2012-97 and 98
CONCISE SUMMARY: The 125th Legislature mandated DHHS to amend the Certificate of Need rules no later than January 1, 2012 to permit applications to be filed at any time, rather than on a cycle, and to allow applicants to waive having a technical assistance meeting. The Legislature also repealed the capital investment fund law. The adopted rules implement the statutory changes. The adopted rules are posted at http://www.maine.gov/dhhs/dlrs/rulemaking/adopted.shtml . Call (207) 287-9300 to have a paper copy of the rules mailed to you.
EFFECTIVE DATE: April 11, 2012
AGENCY CONTACT PERSON: Phyllis Powell, Assistant Director, Division of Licensing and Regulatory Services, 41 Anthony Avenue, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 287-9300; 1 (800) 791-4080. TTY: 1 (800) 606-0215. Fax: (207) 287-5807. E-mail: Phyllis.Powell@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/dlrs/ ; http://www.maine.gov/dhhs/oes/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

Maine.gov

Department of the Secretary of State

April 4, 2012

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

PROPOSALS

ADOPTIONS

Credits

Information

Government links

Connect with Us

Maine.gov

Department of the Secretary of State

April 4, 2012

WEEKLY NOTICES OF STATE RULE-MAKING Public Input for Proposed and Adopted Rules

PROPOSALS

ADOPTIONS

Credits

Information

Government links

Connect with Us

Accessibility of Information

Language Access

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules