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April 3, 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: 01-015 - Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #05-13
PROPOSED RULE NUMBER: 2013-P038
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 .
PUBLIC HEARING: April 18, 2013, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: April 18, 2013
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 .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 16-222 - Department of Public Safety (DPS), Maine State Police
CHAPTER NUMBER AND TITLE: Ch 4, Maine Motor Carrier Safety Regulation
PROPOSED RULE NUMBER: 2013-P039
BRIEF SUMMARY: The regulation is being amended to:
1. Clarify that the regulation incorporates by reference the specified parts of the Federal regulations, as those Federal regulations have been updated and most recently placed on file by the Maine State Police with the Secretary of State’s Office;
2. Provide in the regulation that operators for intrastate motor carriers that operate less than 100 air miles from their regular place of business are subject to the provisions of 49 Code of Federal Regulations, Section 391.41(b)(12)(i) that prohibit the operation of a commercial motor vehicle by a person who has methadone or its metabolite in that person’s body.
PUBLIC HEARING: Thursday, April 25, 2013 at 10 a.m., Maine Department of Public Safety, 45 Commerce Drive, Suite 1, Augusta, Maine 04333-0042
COMMENT DEADLINE: Twelve days after the date of the public hearing.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Christopher Parr, Department of Public Safety, Maine State Police, 45 Commerce Drive, Suite 1, 42 State house Station, Augusta, ME 04333-0042. Telephone: (207) 624-7200. E-mail: Christopher.Parr@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 29-A M.R.S. §555
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dps/msp/ .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 331, OFI – Maine Public Assistance Manual: Ch. VI (page 35), Electronic Benefits Transfer (EBT) System
PROPOSED RULE NUMBER: 2013-P040
CONCISE SUMMARY: This rule will enact a portion of Public Law Ch. 687 (LD 1888 – An Act to Strengthen the State’s Ability to Investigate and Prosecute the Misuse of Public Benefits) passed by the 125th Legislature to ensure that public benefits are used as intended.
As a result of the rule change, a recipient may not use the “cash benefits” of an Electronic Benefits Transfer (EBT) card in a retail establishment where 50% or more of the gross revenue of the establishment is derived from the sale of liquor; a gambling facility, except that use of the electronic benefits transfer system is permitted in any portion of the premises of a gambling facility that is set aside separately for the sale primarily of staple foods; a retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.
Unauthorized spending of benefits will result in an Intentional Program Violation (IPV) and, when discovered, a referral will be made to the Fraud Investigation Unit for further review and recovery.
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: 30-days after the Secretary of State’s office publishes the proposed rule in the required newspapers.
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF 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) 624-4109. TTY: (800) 606-0215. E-mail: Dawn.Mulcahey@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S. §23(2) and §3104
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4.03, Deer Hunting
PROPOSED RULE NUMBER: 2013-P041
BRIEF SUMMARY: In accordance with Title 12, MRSA, §11152, sub-§3, the Commissioner of Inland Fisheries and Wildlife proposes to adopt antlerless deer permit numbers for the 2013 regular deer hunting season and special muzzle-loading season by setting specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:
WMD 1 - 0 permits
WMD 2 - 0 permits
WMD 3 - 50 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 100 permits
WMD 7 - 80 permits
WMD 8 - 0 permits
WMD 9 - 0 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 – 690 permits
WMD 13 – 660 permits
WMD 14 - 0 permits
WMD 15 – 4,455 permits
WMD 16 – 2,855 permits
WMD 17 – 4,515 permits
WMD 18 – 0 permits
WMD 19 - 0 permits
WMD 20 – 9,700 permits
WMD 21 – 8,265 permits
WMD 22 – 3,280 permits
WMD 23 – 5,390 permits
WMD 24 – 3,150 permits
WMD 25 – 2,760 permits
WMD 26 – 160 permits
WMD 27 - 0 permits
WMD 28 - 0 permits
WMD 29 –600 permits
TOTAL – 46,710
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: May 3, 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. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §11152
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .

AGENCY: 04-058 Department of Agriculture, Conservation and Forestry, Maine Forest Service
CHAPTER NUMBER AND TITLE: Ch. 29 (New), Fee Schedule
PROPOSED RULE NUMBER: 2013-P042
BRIEF SUMMARY: This rule establishes fees for permits and permits by rule issued by the Department of Agriculture, Conservation and Forestry, Division of Forestry (Division) as authorized by statute.
PUBLIC HEARING: None anticipated.
COMMENT DEADLINE: 5:00 p.m. local time, 03 May 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Donald J. Mansius, Director, Forest Policy and Management, Maine Forest Service, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-4906. E-mail: Donald.J.Mansius@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §8867-F
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/doc/mfs/index.shtml .
DEPARTMENTAL RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #04-13
PROPOSED RULE NUMBER: 2013-065 (Emergency)
CONCISE SUMMARY: Minimum April 2013 Class I price is $20.91/cwt. plus $1.53/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.93/cwt. handling fee for a total of $25.10/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: March 31, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: 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: Mari.Wells@Maine.gov .

AGENCY: 10-148 - Department of Health and Human Services (DHHS), Office of Child and Family Services
CHAPTER NUMBER AND TITLE: Ch. 21, Rules for the Provision of Room and Board Payments for Residential Programs Serving Children
ADOPTED RULE NUMBER: 2013-066 (Emergency, major substantive)
CONCISE SUMMARY: The Legislature, in P.L. 2011 ch. 380, Part VVV-l, directed the Department to amend its Chapter 21 rules to standardize the room and board rates paid to providers of children's private nonmedical institution services. The standardized rate increases the rate for most providers, allowing those providers to continue to provide these necessary and critical services to children. This standard rate was developed in consultation with providers, as required by the Legislature. The Department conducted research and analysis and determined a standardized rate that was fair and reasonable, and allowed all providers to continue to provide these services. As directed by the Legislature in P.L. 2011, ch. 380, Sec. VVV-l, the rate developed by the Department "maintain(s) costs within existing resources."
See http://www.maine.gov/dhhs/ocfs/policy.shtml#rulemaking for rules and related rule-making documents.
EFFECTIVE DATE: April 1, 2013
AGENCY CONTACT PERSON: Stephanie Barrett, Resource Coordination Team Leader, Office of Child and Family Services, 2 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-7900. Fax: (207) 287-6156 .TTY: 711 (Deaf/Hard of Hearing). E-mail: Stephanie.Barrett@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ocfs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 8.10(C)(3), Elver Dealer Reporting Requirements (Emergency regulation)
ADOPTED RULE NUMBER: 2013-067 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency regulation requiring elver dealer license holders to report what they receive from elver harvesters on a weekly basis for the 2013 elver harvesting season. Previously, elver dealer license holders were required to report their information on a monthly basis. Weekly reporting of elver landings will give the DMR critical information for enforcement and resource protection of this valuable American eel fishery.
EFFECTIVE DATE: Monday March 25, 2013
AGENCY CONTACT PERSON: Heidi Bray (Telephone: (207) 633-9504)
FURTHER CONTACT INFORMATION: Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. E-mail: dmr.rulemaking@maine.gov . Telephone: (207) 624-6550. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
RULE WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services, Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 67, Nursing Facility Services
ADOPTED RULE NUMBER: 2013-069 (Emergency)
CONCISE SUMMARY: This emergency rule-making seeks to implement a budget savings initiative of LD 250, An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30, 2013. If CMS approves, payment of bed holds for a semi-private room for a short-term hospitalization of the member shall be granted up to four (4) days (midnights) absence through June 30, 2013, as long as the member is expected to return to the nursing facility. Effective July 1, 2013, payment for these bed holds shall be granted up to four (4) days (midnights) absence during the twelve (12) month state fiscal year(July 1 through June 30) and every state fiscal year thereafter. The Department will also, if CMS approves, reduce reimbursement for a leave of absence from thirty-six days in a twelve-month period to no more than one (1) day in leave of absence from March 25, 2013 through June 30, 2013; and, effective July 1, 2013, one (1) day of leave of absence during the twelve (12) month state fiscal year (July 1 through June 30) and every state fiscal year thereafter.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: March 25, 2013
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose Hunting
ADOPTED RULE NUMBER: 2013-070
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 2013 season. Permits will be issued for bulls, antlerless and any-moose. Permits are allocated according to Wildlife Management District as follows:
WMD 1 – 300 bulls / 300 antlerless
WMD 2 – 450 bulls /350 antlerless
WMD 3 – 200 bulls / 300 antlerless
WMD 4 – 400 bulls / 400 antlerless
WMD 5 – 125 bulls / 50 antlerless
WMD 6 – 150 bulls
WMD 7 – 125 bulls / 15 antlerless
WMD 8 – 175 bulls / 75 antlerless
WMD 9 - 75 bulls
WMD 10 – 60 bulls
WMD 11 – 50 bulls
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
WMD 18 – 40 bulls
WMD 19 – 100 bulls/50 antlerless
WMD 22 – 10 any-moose
WMD 23 – 25 any-moose
WMD 25 – 25 any-moose
WMD 26 – 25 any-moose
WMD 27 – 15 bulls
WMD 28 – 20 bulls
TOTAL: 2410 bulls / 1570 antlerless / 130 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: March 30, 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. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services, Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM), Ch. I Section 1, General Administrative Policies and Procedures
ADOPTED RULE NUMBER: 2013-071 (Emergency)
CONCISE SUMMARY: The 125th Maine Legislature, Second Regular Session, enacted 22 MRSA §1714-D to conform to the requirements of the Patient Protection and Affordable Care Act of 2010 (PPACA) regarding the suspension of payments, in whole or in part, to providers who are subject to credible allegations of fraud. This emergency rule gives the Department authority to suspend payments to MaineCare providers who are the subject of a credible allegation of fraud. Changes to Ch. I Section 1, are made to §§ 1.18 (G) and (H) and 1.19-6, and include a newly created §1.20-3.
The Legislature authorized the Department to adopt emergency rules to implement Title 22, MRSA §1714-D without the necessity of demonstrating that immediate adoption is necessary to avoid a threat to public health or safety or the general welfare, if notice is given through a MaineCare provider listserv notification and five (5) days or more are allowed for comment prior to adoption of the rule. The Department gave notice of the emergency rule-making to interested parties and providers through a MaineCare provider listserv notification. Public comments regarding the emergency rule were accepted from December 7 through December 12, 2012.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: March 26, 2013
AGENCY CONTACT PERSON: Michael J. Dostie, Comprehensive Health Planner II, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6124. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Michael.Dostie@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 of MaineCare Services, Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II & III Section 91, Health Home Services
ADOPTED RULE NUMBER: 2013-072
CONCISE SUMMARY: Effective January 1, 2013, the Department began offering and reimbursing Health Home Services under a new section of policy, Ch. II and III, Section 91. Health Homes Services are for MaineCare beneficiaries who suffer from certain chronic health conditions (including a mental health condition; a substance use disorder; tobacco use; diabetes; heart disease; overweight or obese as evidenced by a Body Mass Index over 25; Chronic Obstructive Pulmonary Disease; hypertension; hyperlipidemia; developmental and intellectual disorders; circulatory congenital abnormalities; asthma; acquired brain injury; and seizure disorders). MaineCare beneficiaries who suffer from Serious and Persistent Mental Illness and Serious Emotional disturbance are not eligible for Section 91 services.
Congress enacted the Affordable Care Act which, in part, authorized States to offer Medicaid Health Home Services as a way to improve health care through coordinated care and at a reduced cost. For the first two years that a state offers Medicaid Health Home Services, the federal matching rate equals 90%.
Under Maine's Health Home program, members eligible for Health Home services will be assigned to a "Health Home Practice"(HHP). The HHP is responsible for providing acute and preventive care, managing chronic illnesses, coordinating specialty care and referrals to social, community, and long-term care supports, providing comprehensive care management, and providing access to 24/7 coverage.
The HHP is required to work with a Community Care Team (CCT) to identify members with the most intense health care needs and to provide more intense Health Home services for such members. The number of members receiving CCT services at any point in time is capped at 5% of each HHP's members.
This rule change is not anticipated to impose any cost upon municipalities or counties or have any adverse impact upon small businesses.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: April 1, 2013
AGENCY CONTACT PERSON: Peter Kraut, Health Planner Division of Policy and Performance 442 Civic Center Drive 11 State House Station Augusta, Maine 04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Peter.J.Kraut@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

Maine.gov

Department of the Secretary of State

April 3, 2013

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

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ADOPTIONS

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Maine.gov

Department of the Secretary of State

April 3, 2013

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

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