August 14, 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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4.01(G), Season Dates, Open and Closed Areas for Beaver Trapping; (J), Size of Traps; (K), Location of and Preparation for Traps
PROPOSED RULE NUMBER: 2013-P163
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt amendments to the season dates and open and closed areas for beaver trapping as follows:
1. Beaver Trapping
1.a.)
Wildlife Management Districts 1, 2, 4, 5: October 20 - April 30
Wildlife Management Districts 3, 6, 8, 9, 10, 11: November 3 � April 30
Wildlife Management Districts 18, 19, 28: November 3 � April 15
Wildlife Management Districts 7, 12, 13, 14, 17, 27: November 3 � March 31
Wildlife Management Districts 15, 16, 20, 21, 22, 23, 24, 25, 26, 29: December 1 – March 31
1.b.) During the open season for beaver trapping in any of the twenty-nine wildlife management districts (WMDs), certain townships may be restricted by one of the following provisions:
(1) Town open to beaver trapping with certain specified areas closed;
(2) Town closed to beaver trapping with certain specified areas open;
(3) Town closed to all beaver trapping; or
(4) Town open to all beaver trapping.
A copy of the proposed open and closed areas by WMD for beaver trapping season may be obtained from the Agency Rule-making Contact Person.
The Department is also proposing a limited Fisher trapping season for WMDs 12, 13 and 15-29 and a change in set requirements for certain killer-type traps and traps with teeth on the jaws.
A copy of the proposed changes is available from the Agency Rule-making Contact Person.
PUBLIC HEARING: None scheduled - one may be requested.
COMMENT DEADLINE: September 13, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and 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: No adverse impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §10104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 10-144 � Department of Health and Human Services, Maine CDC, Childhood Lead Poisoning Prevention Program
CHAPTER NUMBER AND TITLE: Ch. 293, Maine Lead Poisoning Prevention Fee Rules
PROPOSED RULE NUMBER: 2013-P164
BRIEF SUMMARY: The Lead Poisoning Prevention Fee Rules implement 22 M.R.S. §1322-F within the Maine Lead Poisoning Control Act. These Rules determine which manufacturers or wholesalers of paint are responsible for the fees imposed on those manufacturers or wholesalers sold in Maine. The Rules also establish a formula for calculating the number of gallons of paint sold in Maine and determine how the fee is paid. Waivers are available, if the quantities sold in Maine fall below a particular threshold. The proposed changes intends to make the Rules consistent with the 2007 updates to Section 4 of 22 M.R.S. §1322-F, which change the contingent repeal from a specific date to a time when the Commissioner of the Department certifies that a period of 24 months has elapsed since the Department identified a child with an elevated blood lead level.
PUBLIC HEARING: September 6, 2013 at Key Bank Plaza, 286 Water Street, 3rd Floor, Augusta
COMMENT DEADLINE: September 16, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tera Pare, J.D., MaineCDC, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No Impact on Municipalities or Counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. §1322-F
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 11, Atlantic Sea Scallop Regulations and 2013-2014 Harvesting Season
PROPOSED RULE NUMBER: 2013-P165
CONCISE SUMMARY: This proposed rule-making would establish the 2013-2014 scallop fishing season from December 2, 2013 through March 21, 2014 with separate calendars for divers and draggers. For Zone 1 & 2, a 15-gallon daily limit is proposed with a 70-day season, while for Zone 3 a 10-gallon daily limit with a 44-day season is proposed.
For Zone 1 & 2, a 70-day season is proposed for draggers with fishing prohibited on Fridays, Saturdays and Sundays in December and March. December 23, 24, 25, 30 and 31, 2013 would be closed and December 27 and 28, 2013 would be open. Scallop fishing by Zone 1 & 2 draggers in the months of January and February would be prohibited on Saturdays and Sundays plus January 4, 2014 would be open and January 1, 2014 would be closed. The proposed last day of the Zone 1 & 2 drag season is Thursday, March 20, 2014.
For Zone 1 & 2, a 70-day season is proposed for divers with fishing prohibited on Sundays, Mondays and Tuesdays in December and March. December 25, 2013 would be closed. Scallop fishing by Zone 1 & 2 divers in the months of January and February would be prohibited on Saturdays and Sundays plus January 4, 2014 would be open and January 1, 2014 would be closed. The proposed last day of the Zone 1 & 2 dive season is Friday, March 21, 2014.
For Zone 3, a 44-day season is proposed for draggers with fishing prohibited on Fridays, Saturdays and Sundays in December and March. December 23, 24, 25, 30 and 31, 2013 would be closed and December 27 and 28, 2013 would be open. Scallop fishing by Zone 3 draggers in the months of January and February would be prohibited on Thursdays, Fridays, Saturdays and Sundays plus January 2, 3 and 4, 2014 would be open and January 1, 2014 would be closed. The proposed last day of the Zone 3 drag season is Tuesday, March 4, 2014.
For Zone 3, a 44-day season is set for divers with fishing prohibited on Sundays, Mondays and Tuesdays in December and March. December 25, 2013 would be closed. Scallop fishing by Zone 3 divers in the months of January and February would be prohibited on Saturdays, Sundays, Mondays and Tuesdays plus January 1, 2014 would be closed. The last day of the Zone 3 dive season is Friday, March 7, 2014.
The Limited Access Areas (LAA) for Zones 1, 2 & 3 are proposed to be open for harvest in January, 2014 for one day a week with draggers fishing on Mondays and divers fishing on Wednesdays. For Zone 2, four of the Limited Access Areas that expired in 2013 are proposed to be retained for one more year including the Southeast Harbor (Deer Isle), Mt. Desert, Gouldsboro Bay, and Jonesport/Machias (The Reach & Machias) areas. Four of the Limited Access Areas are proposed to be revised to allow for more fishing opportunities including the Casco Bay, Muscongus/West Penobscot Bay, Mt Desert and Jonesport/Machias (Machias only) areas. The Damariscotta River is proposed to be incorporated into the Sheepscot/Damariscotta LAA.
In addition, 12 smaller, targeted closures are proposed in order to allow for the scallop resource to rebuild and for large concentrations of sublegal scallops to be protected. These areas include Chandler Bay, East Moosabec Reach, Dyer Bay, Greening Island, Blue Hill Bay Area, Union River/Bartlett’s Narrows/Western Bay, Inner Harbor/Deep Hole, Muscle Ridge (December 2013 only), Lower Muscle Ridge, Damariscotta River, Ocean Point and Eastern Casco Bay.
Finally, a clarification of the regulation pertaining to daily possession limit is proposed to ensure that the shellstock-to-meat conversion is applied to the entire state and not just Cobscook Bay as it currently exists. This would also prevent the transfer of scallops from one vessel to another at sea and would also assist in enforcement in order to ensure that the resource is not overharvested and depleted, particularly from the Limited Access Areas.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171
PUBLIC HEARINGS:
Wiscasset: September 3, 2013, 6:00 p.m., Lincoln County 911 Communications Center, 34 Bath Road
Machias: September 4, 2013, 6:00 p.m., University of Maine-Machias, Science Building Lecture Hall
Ellsworth: September 5, 2013, 6:00 p.m., Ellsworth City Hall Auditorium, One City Hall Plaza
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: September 16, 2013. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Trisha DeGraaf (207-624-6554)
Mail written comments to; attn..: Kevin Rousseau, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. E-mail: dmr.rulemaking@maine.gov . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Website: http://www.maine.gov/dmr/rulemaking/
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseas@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 301, Food Supplement Program, Rule #181P: Legal Non-Citizenship Hardship
PROPOSED RULE NUMBER: 2013-P166
CONCISE SUMMARY: This rule implements provisions of the Biennial Budget (PL 2013 ch. 368 Part OO Sections OO-2 and OO-14), effective August 1, 2013, to provide funding to legal non-citizens who meet the criteria for Food Supplement extensions based on hardship, who have obtained their work documentation but are not yet employed. This funding is limited to $261,384 and expires on June 30, 2015, or when the funds are depleted. The Temporary Assistance for Needy Families (TANF) program has a similar rule, per Part OO provisions, and will draw from this fund as well. If the funding is exhausted prior to June 30, 2015, legal non-citizens with work documentation are no longer eligible for the hardship exception.
This proposed rule is being processed at the same time as Emergency Rule #181, each with the goal to implement provisions of the Biennial Budget at the earliest opportunity to assist those described-above.
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: Midnight, September 13, 2013
AGENCY CONTACT PERSON: Karen L. Curtis, Food Supplement 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) 624-4108. TTY: 711 (Maine Relay). E-mail: Karen.L.Curtis@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRS §§ 42, 3104; Public Law 2013, ch. 368, pt. OO, §§ 00-2, 00-14
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 331, Maine Public Assistance Manual, Rule #100P: Legal Non-Citizen Hardship (VII, Page 9a)
PROPOSED RULE NUMBER: 2013-P167
CONCISE SUMMARY: This rule implements provisions of the Biennial Budget (PL 2013 ch. 368 Part OO Sections OO-3 and OO-14), effective August 1, 2013, to provide funding to legal non-citizens who meet the criteria for TANF extensions based on hardship, who have obtained their work documentation but are not yet employed. This funding is limited to $261,384 and expires on June 30, 2015, or when the funds are depleted. The Food Supplement program has a similar rule, per Part OO provisions, and will draw from this fund as well. If the funding is exhausted prior to June 30, 2015, legal non-citizens with work documentation are no longer eligible for the hardship exception.
This proposed rule is being processed at the same time as Emergency Rule #100, each with the goal to implement provisions of the Biennial Budget at the earliest opportunity to assist those described-above.
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: Midnight, September 13, 2013
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: 711 (Maine Relay). Telephone: (207) 624-4109. E-mail: Dawn.Mulcahey@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 22 MRS §§ 42, 3762(3)(A) and 3769-A; Public Law 2013 ch. 368, pt. OO, §§ 00-3, 00-14
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rev. #263P: Appendix C - Pickle Amendment; Appendix F - Consent Decision Form; Appendix J - Computation of Utility Standard; Chart 3 - SSI-Related Standards, Allocations and Disregards; Chart 4 - Nursing Care Limits; Chart 6 - Federal Poverty Levels
PROPOSED RULE NUMBER: 2013-P168
BRIEF SUMMARY: The Department is authorized to adopt rules that have a retroactive application to comply with federal requirements or to conform to the State Medicaid Plan as filed with the federal government as long as there is no adverse financial impact on recipients. This proposed rule will bring Maine into compliance with Federal law as we are required to apply the SSI Cost of Living Adjustment for 2013 to MaineCare eligibility rules retroactive to January 1, 2013. This proposed rule also makes retroactive changes to the Spousal Impoverishment amounts that were effective July 1, 2012. The Department was not able to make the changes in the MaineCare Eligibility Manual until now.
The Standard Utility Allowance for utilities and telephone are also updated in order to remain consistent with Federal requirements, and makes other technical and clarifying changes that are not substantive. These changes are not retroactively applied.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: Midnight, September 13, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Bethany Hamm, Director of Policy & Programs, DHHS-OFI, 11 State House Station, Augusta, ME 04333. Telephone: (207) 624-41-3. TTY: 711 (Maine Relay). E-mail: Bethany.Hamm@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 42(8), 3173, 3174 et seq.; 42 U.S.C. §1396a; 20 C.F.R. §§416.2095, 416.2096; Social Security Act 1902(a)(10)(A)(i) & (ii) and 1905(p)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Maine Care Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 21, Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autistic Disorder
ADOPTED RULE NUMBER: 2013-191 (Emergency, major substantive)
CONCISE SUMMARY: The Department of Health and Human Services is adopting an Emergency Major Substantive Rule to delete the reimbursement codes for transportation, since transportation for Section 21 services will be provided and reimbursed only through Section 113, effective on August 1, 2013, the date that the Department is implementing its Section 113 Transportation Services Waiver. The Section 113 Transportation Waiver, approved by the Centers for Medicare & Medicaid Services (CMS) on April 23, 2013, provides all Non-Emergency Transportation (NET) for all MaineCare members, including transportation for Section 21 Waiver services. On October 2, 2012, CMS approved an amendment to the Section 21 Waiver (the "Section 21 Waiver"), limiting Section 21 members' transportation choice to require them to utilize transportation only under the Section 113 Transportation Waiver.
In addition, the Section 21 Waiver added Board Certified Behavioral Analysts (BCBAs) as qualified providers for consultation with eligible members.
As such, this emergency rule deletes the reimbursement codes for transportation, since transportation for Section 21 services will be provided and reimbursed only through Section 113, effective on August I, 2013. Providers may no longer be reimbursed for transportation services under Section 21. Through this emergency rule, the Department is also adding a HCPCS procedure code for Behavioral Consultation, G9007 HI which will be $14.85 per fifteen minute unit.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: August 1, 2013
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-287-9365. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
OMS 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 Maine Care Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 29, Allowances for Support Services for Adults with Intellectual Disabilities or Autistic Disorder
ADOPTED RULE NUMBER: 2013-192 (Emergency, major substantive)
CONCISE SUMMARY: The Department of Health and Human Services is adopting an Emergency Major Substantive Rule to delete the reimbursement codes for transportation, since transportation for Section 29 services will be provided and reimbursed only through Section 113, effective on August 1, 2013, the date that the Department is implementing its Section 113 Transportation services waiver. The Section 113 transportation waiver, approved by the Centers for Medicare & Medicaid Services (CMS) on April 23, 2013, provides all Non-Emergency Transportation (NET) for all MaineCare members, including transportation for Section 29 waiver services. On October 2, 2012, CMS approved an amendment to the Section 29 waiver, limiting Section 29 members' transportation choice to require them to utilize transportation only under the Section 113 transportation waiver.
This emergency rule deletes the reimbursement codes for transportation, since transportation for Section 29 services will be provided and reimbursed only through Section 113, effective on August 1, 2013.
Providers may no longer be reimbursed for transportation services under Section 29.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: August 1, 2013
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-287-9365. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
OMS 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 Maine Care Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 32, Allowances for Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders
ADOPTED RULE NUMBER: 2013-193 (Emergency, major substantive)
CONCISE SUMMARY: The Department of Health and Human Services is adopting an Emergency Major Substantive Rule to delete the reimbursement codes for transportation, since transportation for Section 32 services will be provided and reimbursed only through Section 113, effective on August 1, 2013, the date that the Department is implementing its Section 113 Transportation services waiver. The Section 113 transportation waiver, approved by the Centers for Medicare & Medicaid Services (CMS) on April 23, 2013, provides all Non-Emergency Transportation (NET) for all MaineCare members, including transportation for Section 32 waiver services. On October 2, 2012, CMS approved an amendment to the Section 32 waiver, limiting Section 32 members' transportation choice to require them to utilize transportation only under the Section 113 transportation waiver.
This emergency rule deletes the reimbursement codes for transportation, since transportation for Section 32 services will be provided and reimbursed only through Section 113, effective on August 1, 2013. Providers may no longer be reimbursed for transportation services under Section 32.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: August 1, 2013
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-287-9365. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 24, Importation of Live Marine Organisms: Ch. 24.10(1)(D)(6), Maine - Restricted Area for American oyster
ADOPTED RULE NUMBER: 2013-194 (Emergency)
CONCISE SUMMARY: This emergency rule-making adds the territorial waters of the Sheepscot River and all tributaries north of the Route 1 bridge connecting Wiscasset and Edgecomb, including but not limited to the Marsh River, Sherman Lake and Deer Meadow Brook, to the list of restricted areas for the movement of the American oyster (Crassostrea virginica) when the size of the oyster is greater than 3 mm. The justification for this chosen boundary is based on environmental conditions most conducive to MSX occurring north of the Route 1 bridge and no natural populations of oysters known to occur south of the bridge that would be exposed to this disease. MSX is an oyster disease is caused by a microscopic parasite.
The Department of Marine Resources finds that there is a need for this emergency rule based upon the following information obtained by the Department during routine health surveillance. Specifically, Polymerase Chain Reaction (PCR) results received on July 30, 2013 from Kennebec River Biosciences in Richmond, Maine confirmed the presence of MSX (Haplosporidium nelsoni) in the Marsh River Conservation Area as defined in DMR Ch. 90.02. Approximately 50% of the 3-oyster pools sampled were found to be positive for MSX. Histology is currently being read to determine the levels of infection.
The Department finds that this emergency rule is necessary and appropriate to prevent the spread of MSX infection outside of the currently affected areas.
MSX is a health and mortality problem for American oysters but does not affect human health or consumption. Oysters are routinely marketed from populations that carry MSX. The new restricted area will require persons to obtain a permit for movement-but not harvest-of shellfish from restricted areas to ensure a reasonable degree of certainty that the movement will not endanger the indigenous marine life or its environment in accordance with Ch. 24.05. Permits require pathological examination satisfactory to the Department showing the shellfish to be free of the disease found in the restricted area.
This emergency rule-making is necessary to protect the American oyster resource (aquaculture and wild) from unusual damage and or imminent depletion that would be caused by continued uncontrolled movement of oysters infected by MSX throughout Maine's waters. As authorized by 12 M.R.S. §§ 6071 and 6171(3) the Commissioner of Marine Resources adopts this emergency regulation.
Separate regular rule-making will be forthcoming to address the long-term impact of this situation.
EFFECTIVE DATE: August 3, 2013
AGENCY CONTACT PERSON: Marcy Nelson (tel. (207) 633-9502), Department of Marine Resources, 21 State House Station, Augusta, Maine 043330-0021. Website: http://www.maine.gov/dmr/rulemaking/. E-mail: dmr.rulemaking@maine.gov . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 94-348 - Maine Human Rights Commission (MHRC)
CHAPTER NUMBER AND TITLE: Ch. 2, Procedural Rule; Ch. 8, Housing Regulations of the Maine Human Rights Commission
ADOPTED RULE NUMBER: 2013-195 and 196
CONCISE SUMMARY: These adopted rules primarily implement statutory changes to the housing provisions of the Maine Human Rights Act, which took effect on September 1, 2012. The changes include the addition of "aggrieved person" as a person protected; adding bankruptcy as a basis for administrative dismissal of a complaint by the Executive Director; requiring the Commission to file a complaint in court in "reasonable grounds" cases that do not conciliate that are subject to the Commission's worksharing agreement with the federal Department of Housing and Urban Development; defining the scope of permissible complaints against small housing providers; and updating and consolidating the accessible design and construction standards for multifamily and public housing. Most of the changes ensure that the Maine Human Rights Act is "substantially equivalent" with the federal Fair Housing Act.
EFFECTIVE DATE: August 7, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: John P. Gause, Commission Counsel, Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333-0051 (207) 624-6290. E-mail: John.P.Gause@Maine.gov .
WEBSITE: http://www.maine.gov/mhrc/index.shtml .


AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 16, Low-Income Housing Tax Credit Rule
ADOPTED RULE NUMBER: 2013-197
CONCISE SUMMARY: The Rule, as repealed and replaced, is the qualified allocation plan for allocating and administering federal low income housing tax credits in the State of Maine, including the 2014 State ceiling of federal low income housing tax credits.
EFFECTIVE DATE: August 10, 2013
AGENCY CONTACT PERSON: Jodie Stevens, Counsel, Maine State Housing Authority, 353 Water Street Augusta, Maine, 04330-4633. Telephone: (207) 626-4600 or 711 (Maine Relay). E-mail: JStevens@MaineHousing.org .
WEBSITE: http://www.mainehousing.org/ .
MSHA RULE-MAKING LIAISON: Linda Uhl – Luhl@MaineHousing.org .


AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 15, Batterer Intervention Certification
ADOPTED RULE NUMBER: 2013-198
CONCISE SUMMARY: The revisions reflect the results of the 2009-2011 biannual reviews and of a recent court case resulting from the failure of the previous standards to permit the certification of batterer intervention programs for females. They also reflect comments made in response to the rule making proposal. As a result, this rule is significantly different from the prior non-emergency rule and slightly different from the prior emergency rule. This rule includes abuse between dating partners and excludes abuse between children.
Its language is gender neutral. As we II, the term "domestic abuse offender" is used instead of "batterer", except when referring to the title of the programs. It permits co-facilitators to receive training determent sufficient by the Department as an alternative to nationally recognized training. It permits the Department to waive the requirement for a work agreement between a program and a family violence project. Other changes from the prior emergency rule are described in the responses to the comments.
EFFECTIVE DATE: August 11, 2013
AGENCY CONTACT PERSON / 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 .
WEBSITE: http://www.maine.gov/corrections/ .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, Rule 181E: Legal Non-Citizenship Hardship
ADOPTED RULE NUMBER: 2013-199 (Emergency)
CONCISE SUMMARY: This rule implements provisions of the Biennial Budget (PL. 2013 ch. 368, Part 00, Sections OO-2 and OO-14), effective August 1, 2013, to provide funding to legal non-citizens who meet the criteria for Food Supplement extensions based on hardship, who have obtained their work documentation but are not yet employed. This funding is limited to $261,384 and expires on June 30, 2015, or when the funds are depleted. The Temporary Assistance for Needy Families (TANF) program has a similar rule, per Part OO provisions, and will draw from this fund as well. If the funding is exhausted prior to June 30, 2015, legal non-citizens with work documentation are no longer eligible for the hardship exception.
EFFECTIVE DATE: August 6, 2013
AGENCY CONTACT PERSON: Karen L. Curtis, Food Supplement 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) 624-4108. TTY: 711 (Maine Relay). E-mail: Karen.L.Curtis@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, Maine Public Assistance Manual (TANF), Rule #100E: Legal Non-Citizenship Hardship
ADOPTED RULE NUMBER: 2013-200 (Emergency)
CONCISE SUMMARY: This rule implements provisions of the Biennial Budget (PL. 2013 ch. 368, Part OO, Sections OO-3 and OO-14), effective August 1, 2013, to provide funding to legal non-citizens who meet the criteria for TANF extensions based on hardship, who have obtained their work documentation but are not yet employed. This funding is limited to $261,384 and expires on June 30, 2015, or when the funds are depleted. The Food Supplement program has a similar rule, per Part OO provisions, and will draw from this fund as well. If the funding is exhausted prior to June 30, 2015, legal non-citizens with work documentation are no longer eligible for the hardship exception.
EFFECTIVE DATE: August 6, 2013
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: 711 (Maine Relay). E-mail: Dawn.Mulcahey@Maine.gov.
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS). Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, Maine Public Assistance Manual (TANF), Rule #98A: Ch. III - pages 3 (Assets) and 25 (Exception from Lump Sum Policy)
ADOPTED RULE NUMBER: 2013-201
CONCISE SUMMARY: This rule responds to Public Laws 2011 ch. 550 (22 M.R.S. §2302(2)), which allows collection of child support debt from lump sum income received by a responsible parent who is receiving public assistance. The portion of any lump sum income collected to satisfy a child support debt is not available to meet the needs of the assistance unit.
This rule change ensures that the portion collected for the support debt and therefore unavailable to the assistance unit does not affect the eligibility of the unit for public assistance.
Other technical and clarifying changes were made throughout Ch. III.
EFFECTIVE DATE: August 19, 2013
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: 711 (Maine Relay). E-mail: Dawn.Mulcahey@Maine.gov.
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .