February 27, 2013

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: 18-553 � Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 20, Powerball Rules
PROPOSED RULE NUMBER: 2013-P027
BRIEF SUMMARY: This amendment updates the existing rules governing the draw jackpot game Powerball. The amendment to these rules is necessary to correct errors in the rules relating to the starting guaranteed jackpot amount of $40,000,000. When the rules were adopted for the game change in January 2012, these rules referred to the guaranteed starting jackpot of $25,000,000. Additionally, the Multi-State Lottery Association identified other technical changes to these rules as a result of changes in the Powerball Product Group Agreement recently adopted by the Members of MUSL, including the Prize Reserve Account and obligation of the Party Lottery relative to the purchase of annuities. In order to sell Powerball tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions of these rules for Powerball as required by Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Powerball game.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
PUBLIC HEARING: No Public Hearing
COMMENT DEADLINE: March 29, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Office: (207) 287-6750; Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Multi-State Lottery Association and Professional Judgment
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA §374 and 8 MRSA §372, sub-§2, ¶I
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .


AGENCY: 18-553 � Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 30, Hot Lotto Rules
PROPOSED RULE NUMBER: 2013-P028
BRIEF SUMMARY: This amendment updates the existing rules governing the draw jackpot game Hot Lotto. The amendment to the rules is necessary because of major game changes to Hot Lotto as determined by the Multi-State Lottery Association including changing the matrix to 5 of 47 and 1 of 19, changing the odds to 1:29.1 million; changing the overall odds to 1:17; improving the second tier prizes as follows: Match 5+0 to $30,000.00; Match 4+1 to $3,000.00; Match 4+0 to $100.00; improving the Sizzler Play options as follows: Match 5+0 to $90,000; Match 4+1 to $9,000.00; Match 4+0 to $300.00; Grand Prize payment option is cash only; and Withholding taxes paid on Grand prize which is then called the Gross Grand Prize Value. In order to sell Hot Lotto tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions for the major components of the rules for Hot Lotto as required by Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Hot Lotto game. The amendment makes other non-substantive changes consistent with MUSL rules.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
PUBLIC HEARING: No Public Hearing
COMMENT DEADLINE: March 29, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Office: (207) 287-6750; Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Multi-State Lottery Association and Professional Judgment
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA §374 and 8 MRSA §372, sub-§2, ¶I
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 104, Filing of Maine Tax Returns
PROPOSED RULE NUMBER: 2013-P029
BRIEF SUMMARY: MRS is proposing to amend a Rule 104 ("Filing of Maine Tax Returns"). The following changes are being made to the proposed Rule. Section .01 is revised to clarify that the definition of "electronic filing" or "electronic data submission" means both the submission of return or information and the acceptance of the return or information by the State Tax Assessor and to amend the definition of "original Maine return" to clarify the returns to which the Rule applies. A new section .06 is added describing mandatory electronic filing requirements for corporate income tax filers for tax years beginning on or after January 1, 2013. An application date is advanced. Revisions also made to make language more precise and to correct format, including renumbering and correcting references. A copy of the proposed Rule can be found on the MRS website at www.maine.gov/revenue (select “Laws & Rules”).
PUBLIC HEARING: None scheduled at this time
COMMENT DEADLINE: March 29, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Nanette Ardry, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9725. E-mail: Nanette.M.Ardry(@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 36 MRSA §§ 193, 5220(7)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4.05, Moose Hunting (K. Open and Closed Season)
PROPOSED RULE NUMBER: 2013-P030
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend the rule that provides for a controlled moose hunt during a specified period between August 15 and December 31, 2013 in designated areas in Aroostook County. This hunt is by permit only to eligible landowners and guides through a lottery. In addition, moose hunting permits will be issued to disabled veterans in cooperation with the Maine Department of Defense, Veterans and Emergency Management, Bureau of Veterans Services. The Department is proposing modifications to the number of permits issued to eligible landowners and disabled veterans. The purpose of the controlled moose hunt is to reduce moose numbers in specific areas where they are causing damage.
A detailed copy of the rule may be obtained from the Agency Contact person listed above.
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: March 29, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §§ 10104, 11551
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .

ADOPTIONS

AGENCY: 29-250 � Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 171, The Administration of the Unified Carrier Registration Agreement
ADOPTED RULE NUMBER: 2013-042
CONCISE SUMMARY: This amendment adds new terms and enhances the definitions of existing terms, corrects, grammatical errors and updates the rule to be in sync with statute changes and changes implemented by the UCR Board. Communications information has been updated to provide current phone numbers, e-mail address, etc. to contact the business unit that oversees the program.
EFFECTIVE DATE: February 25, 2013
AGENCY CONTACT PERSON / BMV RULE-MAKING LIAISON: Robert E. O'Connell, Jr., Bureau of Motor Vehicles, 29 State House Station, 101 Hospital Street, Augusta, ME 04333-0029. Telephone: (207) 624-9056. E-mail: Robert.O’Connell@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11.22, 2012-13 Closures: (17), Inner Western Penobscot Area; (18), Union River; (19), Whiting Bay and Denny’s Bay Area
ADOPTED RULE NUMBER: 2013-043
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of a conservation closure located in the Inner Western Penobscot Limited Access Area, the Union River, and the Whiting Bay and Denny’s Bay 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 Inner Western Penobscot Limited Access Area, the Union River, and the Whiting Bay and Denny’s Bay Limited Access Area as authorized by 12 M.R.S. §6171(3).
EFFECTIVE DATE: February 23, 2013
AGENCY CONTACT PERSON: Trish De Graaf (207-624-6554), Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: Trisha.DeGraaf@Maine.gov .
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 04-058 - Department of Agriculture, Conservation and Forestry, Division of Forestry (Maine Forest Service – MFS)
CHAPTER NUMBER AND TITLE: Ch. 27, Standards for Timber Harvesting and Timber Harvesting-related Activities within Unorganized and Deorganized Areas of the State
ADOPTED RULE NUMBER: 2013-044 (New)
CONCISE SUMMARY: This rule establishes the procedures for notifying the Department of Agriculture, Conservation and Forestry, Division of Forestry, of proposed timber harvesting activities and sets the standards for regulating those activities. The rule applies to all land within the unorganized and deorganized areas of the state classified by the Land Use Planning Commission as protection districts or managements districts pursuant to 12 M.R.S. §685-A(1).
EFFECTIVE DATE: March 3, 2013
AGENCY CONTACT PERSON: Donald J. Mansius, Maine Forest Service, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4906. E-mail: Donald.J.Mansius@Maine.gov .
WEBSITE: http://www.maine.gov/doc/mfs/index.shtml .
DEPARTMENTAL RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES:
Ch. 3, Rules Governing the Conduct of Licensing Hearings (New chapter)
Ch. 20, Hearings on Applications (Repeal)
Ch. 30, Special Regulations for Hearings on Applications of Significant Public Interest (Repeal)
ADOPTED RULE NUMBER: 2013-045, 046, 047
CONCISE SUMMARY: The new rule sets forth the procedures that will be followed by the Commissioner and the Board when conducting a hearing in a licensing proceeding consistent with the requirements of the Maine Administrative Procedure Act and Department statutes. New Ch. 3 repeals and replaces existing Ch. 20 and 30, which are outdated and no longer comply with the Administrative Procedure Act.
EFFECTIVE DATE: March 4, 2013
AGENCY CONTACT PERSON: Cynthia Bertocci, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2452. E-mail: Cynthia.S.Bertocci@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .