May 8, 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: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 104, Maine State Services Manual: Section 4, Maine Part D Wrap Benefits
PROPOSED RULE NUMBER: 2013-P071
CONCISE SUMMARY: This rule will retroactively amend the description of prescription drug rate changes for Maine Part D Wrap Benefits and eliminate the need to annualize changes through rule-making. The Department pays 100% of the participant's copayment for generic drugs, and 50% of the participant's copayment for brand name drugs up to $10.00. This rule retains the same level of the co-payment benefit for participants.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: May 29, 2013, 1:00 p.m., 242 State Street, Augusta, ME 04333 - Conference Room 1. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before May 22, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 8, 2013.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Ann O'Brien, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ann.OBrien@Maine.gov.
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate this rule-making will impose any costs on municipalities or counties.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173, (254-D(5)(G-H)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
RULE TITLE OR SUBJECT: Ch. 323, Commercial Agricultural Production, Commercial Aquacultural Production, Commercial Fishing, and Commercial Wood Harvesting
PROPOSED RULE NUMBER: 2013-P072
CONCISE SUMMARY: Maine Revenue Services is proposing several amendments to Rule 323. This rule has been in place for many years; it addresses the issuance of sales tax refunds and certificates of exemption to persons who are engaged in commercial agricultural production, commercial aquacultural production and commercial fishing. The rule now needs to be updated in order to reflect recent changes to the controlling statute, Title 36 §2013, which will apply to commercial wood harvesting and to commercial nurseries and greenhouses as of July 1, 2013.
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: June 14, 2013
AGENCY CONTACT PERSON: David Bauer, Tax Policy Analyst, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §§ 112, 2013
WEBSITE: http://www.maine.gov/revenue/ .
RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

ADOPTIONS

AGENCY: 10-144 Department of Health and Human Services (DHHS), MaineCDC, Radiation Control Program
CHAPTER NUMBER AND TITLE: Ch. 223, Rules Relating to Tanning Facilities
ADOPTED RULE NUMBER: 2013-107
CONCISE SUMMARY: The revisions to the Maine Rules Relating to Tanning Facilities further restrict the use of tanning machines by minors, require training for operators of tanning facilities, and increase the annual registration fees for tanning facilities.
EFFECTIVE DATE: May 6, 2013
AGENCY CONTACT PERSON: Tera R. Pare, J.D., Rule-making Coordinator, Drinking Water Program, Division of Environmental Health, Maine CDC, 286 Water Street, Key Bank Plaza, 3rd Floor, Augusta, ME 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/rad/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 7, Standards for Educational Programs in Nursing
ADOPTED RULE NUMBER: 2013-108
CONCISE SUMMARY: Requires national accreditation by a national nursing accrediting organization, such as Commission on Collegiate Nursing Education (CCNE) or National League for Nursing Accrediting Commission (NLN-AC), of a school's nursing program by January 1, 2015.
EFFECTIVE DATE: May 7, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Myra A. Broadway, JD, RN, MS - Executive Director, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158. Telephone: (207) 287-1133. E-mail: Myra.A.Broadway@Maine.gov .
WEBSITE: http://www.maine.gov/boardofnursing/ .


AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 11, Regulations Relating to the Nurse Licensure Compact
ADOPTED RULE NUMBER: 2013-109
CONCISE SUMMARY: This increases the length of time from thirty (30) days to ninety (90) days when nurses from other Compact states change legal residence from other states to Maine.
EFFECTIVE DATE: May 7, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Myra A. Broadway, JD, RN, MS - Executive Director, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158. Telephone: (207) 287-1133. E-mail: Myra.A.Broadway@Maine.gov .
WEBSITE: http://www.maine.gov/boardofnursing/ .


AGENCY: 12-597 - Department of Labor, Bureau of Employment Services
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Governing Implementation of the Trade Adjustment Assistance Program
ADOPTED RULE NUMBER: 2013-110
CONCISE SUMMARY: This adoption updates the state TAA rules to match the recent changes to the Federal Trade Adjustment Assistance Act (TAA). Recent federal rule changes included several changes to benefit levels under this program depending on the approved rules at the time the petition was certified. The TAA program is federally funded providing wage subsidy, training, job search and relocation assistance to customers covered under approved petitions. Trade petitions are filed by a group of workers, union representation, company officials or state personnel when layoffs occur due to foreign competition.
EFFECTIVE DATE: May 11, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Susan Wasserott, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. E-mail: Susan.Wasserott@Maine.gov .
WEBSITE: http://www.maine.gov/labor/bes/index.shtml.


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures
ADOPTED RULE NUMBER: 2013-111
CONCISE SUMMARY: The 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.
EFFECTIVE DATE: May 11, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333-0135. Telephone: (207) 287-3024. E-mail: Jonathan.Wayne@Maine.gov .
WEBSITE: http://www.maine.gov/ethics/ .


AGENCY: 17-229 - Maine Department of Transportation (DOT)
CHAPTER NUMBER AND TITLE: Ch. 306, Truck Size and Weight Limits on Maine's Interstate Highway System
ADOPTED RULE NUMBER: 2013-112
CONCISE SUMMARY: This rule will allow truck configurations that currently may legally operate on non-Interstate State Highways to utilize Maine's Interstate Highways.
EFFECTIVE DATE: May 12, 2013
AGENCY CONTACT PERSON: William A. Akins, Maine Department of Transportation, 16 State House Station, Augusta, ME 04333. Telephone: (207) 624-3020. E-mail: William.Akins@Maine.gov .
WEBSITE: http://www.maine.gov/mdot/ .
DOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .