July 11, 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: 29-250 - Department of Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 103, Rules for Vehicle Dealers, Auctions, Transporters, Recyclers, Mobile Crushers, and Loaners
PROPOSED RULE NUMBER: 2012-P142
BRIEF SUMMARY: This amendment to the existing rule clarifies surety bond requirements for motor vehicle dealers Also removes the requirement that notices of sale be filed on certain salvaged vehicles.
DETAILED BASIS STATEMENT / SUMMARY: To conform to P.L. 2011 ch. 556, the Bureau of Motor Vehicles proposes to amend Ch. 103 to remove the requirement that car dealers be able to repair two cars simultaneously. The proposed change also would permit car auctions to issue transit plates to car dealers for the purpose of allowing a dealer to remove a car from the auction to the dealer's location. The rule change also proposes to provide more flexibility relative to the filing of notices of sale. This rule change also includes minor corrections to the form of statutory citations.
PUBLIC HEARING: July 30, 2012 @ 9 a.m., Motor Vehicle Building (Executive Conference Room), 101 Hospital Street, Augusta, ME
COMMENT DEADLINE: August 15th, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Garry Hinkley, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS §1169(11); 29-A MRS §153
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Robert.OCconnell@Maine.gov .


AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 330, Filing Requirements for Petitions for Certificates of Public Convenience and Necessity for Electric Transmission Facilities and Standards for Granting Certificates
PROPOSED RULE NUMBER: 2012-P143
BRIEF SUMMARY: The PUC initiates a rulemaking proceeding to consider amendments to our rule regarding the requirements for petitions for certificates of public convenience and necessity (CPCNs) for electric transmission facilities (Ch. 330). The purpose of this proceeding is to amend the rule so that it is consistent with recent legislation.
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: August 10, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Leslie Raber, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1562. E-mail: Leslie.Raber@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35 MRSA §§ 101, 103, 104, 107, 111, 112, 3131 and 3132
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@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 4, Ambulatory Surgical Center Services
PROPOSED RULE NUMBER: 2012-P144
CONCISE SUMMARY: The Department of Health and Human Services is proposing to repeal Ch. 101, MaineCare Benefits Manual, Ch. II Section 4, Ambulatory Surgical Center Services, in accordance with Public Law 2011, c. 657, Part A, the Maine State Supplemental Budget.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
DETAILED BASIS STATEMENT / SUMMARY: The Department of Health and Human Services (DHHS) is proposing this rule to repeal Ch. 101, MaineCare Benefits Manual, Ch. II Section 4, Ambulatory Surgical Center Services, in accordance with Public Law 2011, c. 657, Part A, the Maine State Supplemental Budget. The repeal of this Medicaid optional service, as outlined in this proposed rule, is critical to achieving the necessary cost reduction in the MaineCare program, in order to manage the current DHHS budget shortfall. If these immediate changes are not made, the ongoing deficit may mandate deeper and more severe cuts to the MaineCare program in order to bring the budget into balance as required by Article 9, Section 14 of the Maine Constitution.
PUBLIC HEARING: Monday, July 30, 2012 at 10:00 a.m., Main Conference Room, Department of Health and Human Services, 221 State Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before July 23, 2012.
DEADLINE FOR PUBLIC COMMENTS: Written comments must be received by midnight on Thursday, August 9, 2012.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Delta Chase, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Delta.Chase@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: Public Law 2011, c. 657, Part A, and 22 MRSA §3174-Q
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
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 of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 150, STD Screening Clinic Services
PROPOSED RULE NUMBER: 2012-P145
CONCISE SUMMARY: The Department of Health and Human Services is proposing to repeal Ch. 101, MaineCare Benefits Manual, Ch. II and III Section 150, STD Screening Clinic Services, in accordance with Public Law 2011, c. 657, Part A, the Maine State Supplemental Budget.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
DETAILED BASIS STATEMENT / SUMMARY: The Department of Health and Human Services (DHHS) is proposing to repeal Ch. 101, MaineCare Benefits Manual, Ch. II and III Section 150, STD Screening Clinic Services, in accordance with Public Law 2011, c. 657, Part A-1, the Maine State Supplemental Budget. The repeal of this Medicaid optional service, as outlined in this proposed rule, is critical to achieving the necessary cost reduction in the MaineCare program, in order to manage the current DHHS budget shortfall. If these immediate changes are not made, the ongoing deficit may mandate deeper and more severe cuts to the MaineCare program in order to bring the budget into balance as required by Article 9, Section 14 of the Maine Constitution.
PUBLIC HEARING: Monday, July 30, 2012 at Noon, Main Conference Room, Department of Health and Human Services, 221 State Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before July 23, 2012.
DEADLINE FOR PUBLIC COMMENTS: Written comments must be received by midnight on Thursday, August 9, 2012.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Derrick Grant, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 03-201 - Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual – Adult: Subsection 20.1, Prisoner Discipline
PROPOSED RULE NUMBER: 2012-P146
BRIEF SUMMARY: The Department is amending its prisoner disciplinary code to allow the Commissioner of Corrections to authorize prisoners to smoke under certain conditions. This will reduce the use of the limited resources of minimum security facilities in attempting to prevent smoking by prisoners with easy access to tobacco and will serve as an incentive to prisoners to progress through the system.
PUBLIC HEARING: N/A
COMMENT DEADLINE: August 13, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOC RULE-MAKING LIAISON: Kelene Barrows, Department of Corrections, 111 State House Station, Augusta, ME 04333-0111. Telephone: (207) 287-4360. E-mail: Kelene.Barrows@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 34-A §3032
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/ A
WEBSITE: http://www.maine.gov/corrections/ .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 607, OFI Maine ASPIRE / TANF Program Rules, Rule #17P
PROPOSED RULE NUMBER: 2012-P147
A. This Rule revises the rules for mandatory ASPIRE participants who fail without good cause to comply with ASPIRE-TANF program rules, setting sanctions for those who fail to sign or comply with a Family Contract.
B. This Rule sets a 60 month lifetime limit for the receipt of TANF benefits, and lists qualifications for exemptions and extensions.
C. This Rule removes some obsolete passages and language.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: August 10, 2012
AGENCY CONTACT PERSON: Liz Ray, ASPIRE Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4107. TTY: (800) 606-0215. E-mail: Liz.Ray@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: P.L. 2011, ch. 380, PP-2; 22 MRSA §3762(3)
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 252, Rules Governing Certification of Seed Potatoes in the State of Maine
PROPOSED RULE NUMBER: 2012-P148
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Dave Lavway, Department of Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7550. E-mail: David.Lavway@Maine.gov .
PUBLIC HEARING: August 1, 2012 at 5:00 p.m., Maine Potato Board Conference Room, 744 Main Street, Presque Isle, Maine 04769
COMMENT DEADLINE: August 31, 2012
BRIEF SUMMARY: The principal reasons for amending this rule are: 1) to modify the setting of fees associated with the seed potato certification program’s field and shipping point inspections; and 2) to change the designation of the propagation of certified and foundation seed potatoes from a Nuclear and Generation Year System to a Field Year System. Fees will be established in conjunction with the Maine Potato Board’s Seed Executive Council the same way Post-Harvest Testing fees are currently set. The change in the designation of the propagation of seed potatoes will bring Maine’s designations more in line with other states and make it easier to compare on a national level the actual year of propagation. It will also decrease by one Field Year the eligibility of seed to be recertified, but will make it allowable for that year’s seed to be sold for tablestock or processing use. This change will also bring Maine’s program more in line with other states’ programs and improve the chances of removing from the system any possible high disease seed.
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 7 MRSA Ch. 401, §§ 2101-2105; 7 MRSA Ch. 1 §12; and 7 MRSA Ch. 411 §2352
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/agriculture/aph/ .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@maine.gov

ADOPTIONS

AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 31, Potato Marketing Improvement Fund
ADOPTED RULE NUMBER: 2012-193
CONCISE SUMMARY: This rule change expands the eligibility for Potato Marketing Improvement Fund loans to include existing potato storage facilities.
EFFECTIVE DATE: July 11, 2012
AGENCY CONTACT PERSON: Walter Whitcomb, Commissioner, Department of Agriculture, Food and Rural Resources, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-3419. E-mail: Walt.Whitcomb@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .