December 26, 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: 18-674 - Maine Board of Tax Appeals (filed under the Department of Administrative and Financial Services, DAFS)
CHAPTER NUMBER AND TITLE: Ch. 100, Maine Board of Tax Appeals Practice and Procedure
PROPOSED RULE NUMBER: 2012-P292
BRIEF SUMMARY: These rules establish the practices and procedures to be followed in appeals brought before the Maine Board of Tax Appeals by taxpayers who disagree with assessments or determinations issued by Maine Revenue Services.
DETAILED BASIS STATEMENT / SUMMARY: Ch. 100 is being proposed to satisfy the requirements of 36 M.R.S. §151-D(10), which establishes the procedures for appeals brought before the Maine Board of Tax Appeals (the "Board"). Pursuant to 36 M.R.S. §151-D(10), "the [B]oard shall adopt rules to accomplish the purposes of this section."
Ch. 100 contains: (I) the process by which taxpayers may file an appeal with the Board when they disagree with an assessment or determination issued by Maine Revenue Services ("MRS"); (2) a description of how both taxpayers and MRS may submit arguments and evidence to the Board to support the positions they are taking in an appeal; (3) the process by which one of the Board's Appeals Officers will conduct a review of each appeal; (4) the issuance of a recommended decision on an appeal by the Appeals Officer; and (5) the review of that recommended decision by the Board and the Board's issuance of a final decision.
PUBLIC HEARING: none
COMMENT DEADLINE: January 28, 2013
CONTACT PERSON FOR THIS FILING /SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Robert A. Creamer, Maine Board of Tax Appeals, 134 State House Station, 108 Sewall Street, Augusta, Maine 04333-0134. Telephone: (207) 287-2864. Maine Relay Service 711. Fax: (207) 287-2865. E-mail: Robert.A.Creamer@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 36 M.R.S. §151-D(10)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/boardoftaxappeals/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT: Ch. 1, Procedures
PROPOSED RULE NUMBER: 2012-P293
CONCISE SUMMARY: The proposed rule amendments delete references to the payment of matching funds to Maine Clean Election Act candidates; clarify the preliminary investigation procedures conducted by the Commission staff when a complaint is filed; simplify independent expenditure reporting procedures in the final seven days before an election; and relieve elected and appointed officials from obtaining income information from an estranged spouse or domestic partner for purpose of public disclosure of personal finances. A copy of the proposed rule amendments is available on the Ethics Commission’s website – www.maine.gov/ethics - or by calling (207) 287-4179.
PUBLIC HEARING: Thursday, January 17, 2013, 9:00 a.m., Commission Office, 45 Memorial Circle, Second Floor, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on Wednesday, January 30, 2013
AGENCY CONTACT PERSON: Cyndi Phillips, Commission Assistant, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME. Telephone: (207) 287-4179 . E-mail: Cyndi.Phillips@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1 MRSA §1003(1); 21-A MRSA §1126
WEBSITE: http://www.maine.gov/ethics/ .
ETHICS RULE-MAKING LIAISON: Jonathan.Wayne@Maine.gov .


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT: Ch. 3, Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 2012-P294
CONCISE SUMMARY: The proposed rule amendments would clarify restrictions on use of Maine Clean Election Act funds to thank voters or supporters by a candidate who has won a primary election. A copy of the proposed rule amendments is available on the Ethics Commission’s website – www.maine.gov/ethics - or by calling (207) 287-4179.
PUBLIC HEARING: Thursday, January 17, 2013, 9:00 a.m., Commission Office, 45 Memorial Circle, Second Floor, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on Wednesday, January 30, 2013
AGENCY CONTACT PERSON: Cyndi Phillips, Commission Assistant, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME. Telephone: (207) 287-4179 . E-mail: Cyndi.Phillips@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1 MRSA §1003(1); 21-A MRSA §1126
WEBSITE: http://www.maine.gov/ethics/ .
ETHICS RULE-MAKING LIAISON: Jonathan.Wayne@Maine.gov .

ADOPTIONS

AGENCY: 01-026 � Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE:
Board of Pesticides Control Rules:
Repeal of Ch. 21, Pesticide Container Disposal and Storage
Amendments to Ch. 50, Record Keeping and Reporting Requirements
ADOPTED RULE NUMBER: 2012-347, 348
CONCISE SUMMARY:
Ch. 21: The Board believes that Ch. 21 is no longer necessary as pesticide container management strategies have evolved since 1983. The Maine Legislature recently repealed the statutory mandate for the container deposit system by enacting Public Law 2011, Ch. 510. The Board will implement the intent of that law by repealing the associated rule.
Ch. 50: Since the Board is repealing the pesticide container deposit rule (Ch. 21, above), it is logical to also repeal the associated record-keeping requirements.
EFFECTIVE DATE: December 23, 2012
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04330-0028. Telephone: (207) 287-2731. E-mail: Henry.Jennings@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/bpc/index.html .
DEPARTMENTAL RULE-MAKING LIAISON: Mari-Wells@Maine.gov .


AGENCY: 02-029 - Department of Professional and Financial Regulation, Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Ch. 128, Loans to One Borrower Limitations
ADOPTED RULE NUMBER: 2012-349
CONCISE SUMMARY: 9-B MRSA §439-A establishes the basis for determining the legal lending limits for financial institutions, including their subsidiaries, organized under the laws of this State. The lending limit law prohibits loans or extensions of credit at any one time to an individual borrower in excess of 20% of the financial institution’s total capital. In addition, this statute authorizes the Superintendent to adopt rules to define or further define terms used in the statute and to establish limits or requirements other than those specified in the statute. This regulation protects the safety and soundness of financial institutions by preventing excessive loans to one person while promoting diversification of loans and equitable access to financial institution services.
This promulgation repeals and replaces existing Regulation 28. Its purpose is to establish guidelines for the administration of lending limits and to accommodate recent federal requirements pertaining to such limits found in the Dodd-Frank Wall Street Reform and Consumer Protection Act, 111 PL 203 (“Dodd-Frank Act”). Effective January 21, 2013, section 611 of the Dodd-Frank Act will prohibit state-chartered financial institutions from engaging in derivative transactions unless state lending limit laws take into consideration credit exposure to derivative transactions. Prior to this promulgation, Maine’s lending limit law did not provide guidance for measuring credit exposure arising from derivative transactions. This promulgation addresses the Dodd-Frank Act requirements by providing methods for taking into consideration credit exposure to derivative transactions for Maine’s financial institutions. This promulgation is based on the new interim final regulation that was issued by the Office of the Comptroller of the Currency (OCC) in response to the Dodd-Frank Act. This new interim final regulation, which amends 12 CFR Part 32, may be found at 77 FR 37265. Pursuant to this interim final regulation, national banks must also evaluate credit exposure to derivatives transactions when calculating lending limits to a single borrower.
Credit unions have lending limit requirements other than those found in the regulation.
EFFECTIVE DATE: January 21, 2013. Until April 1, 2013, Maine banks engaging in derivative transactions must document that they have taken into consideration credit exposure to derivative transactions when evaluating loans to one borrower, taking into account whether credit exposure from derivative transactions adversely impacts safety and soundness of their institution. During this period, Maine banks are not required to employ the rules for calculating credit exposures from derivative transactions as set forth in section 8 of the regulation. Beginning April 1, 2013, Maine banks will be required to employ the rules for calculating credit exposures from derivative transactions as set forth in section 8 of the regulation.
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Christian D. Van Dyck, Attorney, Bureau of Financial Institutions, Department of Professional and Financial Regulation, 36 State House Station, Augusta, ME 04333-0036. Telephone: (207) 624-8574. E-mail: Christian.D.VanDyck@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/financialinstitutions/ .


AGENCY: 04-058 - Department of Agriculture, Conservation and Forestry, Maine Forest Service
CHAPTER NUMBER AND TITLE: Ch. 25, Standards for Placing Wood into Stream Channels to Enhance Cold Water Fisheries Habitat
ADOPTED RULE NUMBER: 2012-350
CONCISE SUMMARY: The purpose of this rule is to streamline the permitting process for implementing cold water fisheries habitat enhancement projects that involve adding wood to stream channels. Projects implemented under the supervision of Maine licensed foresters, who have been trained by the Bureau of Forestry in cooperation with the Department of Inland Fisheries and Wildlife (DIFW) in these techniques, and take place in stream reaches designated by DIFW or Department of Marine Resources (DMR) biologists as needing treatment, do not require a state permit or fee if consistent with a treatment plan developed by a DIWF or DMR fisheries biologist or their designee. The treatment detailed in the plan must be consistent with standards in this rule.
EFFECTIVE DATE: December 25, 2012
AGENCY CONTACT PERSON: Keith Kanoti, Maine Forest Service, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-1073. E-mail: Keith.Kanoti@Maine.gov .
WEBSITE: http://www.maine.gov/doc/mfs/index.shtml .
DEPARTMENTAL RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.22, 2012-13 – Closures: (11), Muscongus Area; (12), Southeast Harbor; and (13), East Moosabec Reach (Emergency regulations)
ADOPTED RULE NUMBER: 2012-351 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of a conservation closure located in the Muscongus portion of the Muscongus/West Penobscot Bay Limited Access Area, the Southeast Harbor portion of the Eastern Penobscot Limited Access Area and the Eastern Moosabec Reach portion of The Reach Limited Access Area in order to protect Maine's scallop resource due to the risk of unusual damage and imminent depletion. Scallop populations throughout the state are at extremely low levels. The Department is concerned that unrestricted harvesting during the remainder of the 2012/2013 fishing season in these areas may deplete a severely diminished resource beyond its ability to recover. Continued harvesting may damage sublegal scallops that could be caught during subsequent fishing seasons, as well as reducing the broodstock essential to a recovery. A significant immediate conservation closure is necessary to reduce the risk of unusual damage and imminent depletion. For these reasons, the Commissioner hereby adopts an emergency closure of Maine's scallop fishery in the Muscongus portion of the Muscongus/West Penobscot Bay Limited Access Area, the Southeast Harbor portion of the Eastern Penobscot Limited Access Area and the Eastern Moosabec Reach portion of The Reach Limited Access Area as authorized by 12 MRSA §6171(3).
EFFECTIVE DATE: December 22, 2012
AGENCY CONTACT PERSON: Trish De Graaf (207-624-6554)
AGENCY NAME: Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. E-mail: Trisha.DeGraaf@Maine.gov . Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .