October 16, 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. 101, MaineCare Benefits Manual: Ch. VI Section 2, MaineCare DirigoChoice Initiatives
PROPOSED RULE NUMBER: 2013-P238
CONCISE SUMMARY: By direction of legislative action (P.L. 2013 ch. 368 §A-19), the Department of Health and Human Services (DHHS) is proposing to repeal, in its entirety, MaineCare Benefits Manual Ch. VI Section 2, “MaineCare Dirigo Initiative”, by December 31, 2013. The Department anticipates that this proposed rule-making will have no impact on MaineCare enrolled members.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: November 4, 2013, 9:00 a.m., Burton Cross Building, 111 Sewall Street - Room 300, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before October 31, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight November 14, 2013.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Michael J. Dostie, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Michael.Dostie@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This proposed rule is not expected to have an adverse impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173; P.L. 2013 ch. 368 §A-19.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 94-348 - Maine Human Rights Commission (MHRC)
CHAPTER NUMBERS AND TITLES: Ch. 2, Procedural Rule; Ch. 3, Employment Regulations of the Maine Human Rights Commission
PROPOSED RULE NUMBER: 2013-P239, P240
BRIEF SUMMARY: The proposed changes to Ch. 2, Procedural Rule, will allow parties to complaints to pay for mediations conducted through the Commission’s Third-Party Neutral Mediation Program. The proposed changes to Ch. 3, Employment Regulations, completely repeal and replace the Rule. The changes update the Rule to include the employment provisions of the Maine Human Rights Act and provisions in the Equal Employment Opportunity Commission regulations interpreting Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. The intent of the new Rule is to have all of the Maine Human Rights Act employment requirements contained in a single document, and to create consistency between state and federal requirements where the underlying statutory provisions are substantively the same.
PUBLIC HEARING: Monday, November 4, 2013 - 2:00 p.m.. Maine Human Rights Commission, Ground Floor Conference Room, 19 Union Street, Augusta, Maine
COMMENT DEADLINE: November 14, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Amy M. Sneirson, Executive Director, 51 State House Station, Augusta, ME 04333-0051. Telephone: (207) 624-6290. E-mail: Amy.M.Sneirson@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 M.R.S. §4566(7)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mhrc/index.shtml
MHRC RULE-MAKING LIAISON: Barbara.ArcherHirsch@Maine.gov

ADOPTIONS

AGENCY: 09-137 –Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01 - (G) Season Dates; Open and Closed Areas for Beaver Trapping; (1) Size of Traps
ADOPTED RULE NUMBER: 2013-234
CONCISE SUMMARY: The Department has adopted amendments to establish the beaver trapping season dates for the 2013-2014 season, and the 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 1 - 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
A copy of the adopted open and closed areas by WMD for beaver trapping season may be obtained from the Agency Rule-making Contact Person.
The Department has also adopted a limited Fisher trapping season for WMDs 12, 13 and 15 - 29 and a change in the language for set requirements for certain killer-type traps and traps with teeth on the jaws. A copy of the adopted changes is available from the Agency Rule-making Contact Person.
EFFECTIVE DATE: October 8, 2013
AGENCY CONTACT PERSON / 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 .
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 16-222 - Department of Public Safety (DPS), Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 4, Maine Motor Carrier Safety Regulation
ADOPTED RULE NUMBER: 2013-235 (Emergency, major substantive)
CONCISE SUMMARY:
BASIS STATEMENT: This chapter – which applies to any interstate or intrastate common, contract, and private motor carrier that transports passengers or property in Maine – will ensure that Maine commercial vehicle regulations remain current with the rest of the nation and that Maine’s roads are safe for the traveling public.
Specifically, through this rule-making, Federal regulations will be incorporated by reference into the regulation that will, among other things, prohibit CMV operators from text messaging while operating a CMV and from using a cell phone during such operation except in hands-free mode. In addition, through this rule-making the Maine State Police will be amending its rules governing motor carrier safety to provide 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 (2007), which prohibit the operation of a commercial motor vehicle by a person who has methadone or its metabolite in that person’s body. Legal authority to enforce these provisions is necessary to avoid an immediate threat to the public health, safety or general welfare of persons on Maine roads.
FINDINGS OF EMERGENCY (per 5 M.R.S.A. §8054(2)): Promulgation of the regulation through emergency rule-making is necessary to ensure for the safety of the traveling public, as the Federal regulations that are incorporated by reference into the regulation among other things prohibit CMV operators from text messaging while operating a CMV and from using a cell phone during such operation except in hands-free mode. Emergency rule-making also will ensure that the agency will timely update the regulation in accordance with PL 2011, c. 455, Section 2, which requires the Maine State Police to amend its rules governing motor carrier safety to provide 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 (2007) that prohibit the operation of a commercial motor vehicle by a person who has methadone or its metabolite in that person’s body.
EFFECTIVE DATE: October 3, 2013
AGENCY CONTACT PERSON: Lt. Shawn D. Currie, Department of Public Safety, Maine State Police, 45 Commerce Drive, Suite 1, 42 State House Station, Augusta, ME 04333-0042. Telephone: (207) 624-8932. E-mail: Shawn.D.Currie@Maine.gov .
WEBSITE: http://www.maine.gov/dps/msp/ .
DPS RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .


AGENCY: 02 - Department of Professional and Financial Regulation (PFR):
02-029 - Bureau of Financial Institutions, jointly with
02-030 - Bureau of Consumer Credit Protection
CHAPTER NUMBERS:
Ch. 138 - Bureau of Financial Institutions
Ch. 240 - Bureau of Consumer Credit Protection
CHAPTER TITLE: Truth-in-Lending, Regulation Z-3
ADOPTED RULE NUMBERS: 2013-236, 237
CONCISE SUMMARY: The Bureaus' Regulation Z-2 was repealed In 2011 because it is both out-of-date and duplicative. Pursuant to Public Law 2011 ch. 427, "An Act to Amend the Maine Consumer Credit Code to Conform with Federal Law," creditors are mandated to comply with the federal Consumer Credit Protection Act, 15 United States Code, Section 1601 et seq., and its Implementing Regulations, Section 226.1 et seq. and Regulation M, 12 Code of Federal Regulations, Section 213.1 et seq., Including any final regulations issued on or before July 21, 2011.
Since then, the Consumer Financial Protection Bureau has issued several Regulation Z and Regulation M rules and has changed the codifications of these rules. Regulation Z-3 directs lenders to follow Regulations Z and M, Including these newer regulations, with reference to the new codifications. Regulation Z-3 also directs non-depository lenders to comply with the enhancements found In Title 9-A §8-S06, with reference to the new codifications.
EFFECTIVE DATE: October 15, 2013
AGENCY CONTACT PERSON: Christian D. Van Dyck, Attorney, Bureau of Financial Institutions, Department of Professional and Financial Regulation - Bureau of Financial Institutions and Bureau of Consumer Credit Protection, 36 State House Station, Augusta, ME 04333·0036. Telephone: (207) 624·8574. E-mail: Christian.D.VanDyck@Maine.gov .
WEBSITES: Financial Institutions: http://www.maine.gov/pfr/financialinstitutions/ ; Credit Protection: http://www.maine.gov/pfr/consumercredit/index.shtml .
PFR RULE-MAKING LIAISON: Anne.L.Head@Maine.gov .


AGENCY: 02-031 - Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 545, Producer License and Appointment Fees
ADOPTED RULE NUMBER: 2013-238
CONCISE SUMMARY: The amendments eliminate the required payment of insurance producer business entity appointment fees.
EFFECTIVE DATE: November 14, 2013
AGENCY CONTACT PERSON: Pamela Roybal, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8408. E-mail: Pamela.L.Roybal@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 29-250 - Secretary of State, Bureau of Corporations, Elections and Commissions (CEC)
CHAPTER NUMBER AND TITLE: Ch. 401, Administrative Rules for Uniform Commercial Code, Title II Article 9-A
ADOPTED RULE NUMBER: 2013-239
CONCISE SUMMARY: The Administrative Rules for the Uniform Commercial Code (UCC) augment and clarify the procedures for filing a notice of lien against personal property pursuant to Title II Article 9-A. The Rules primarily address filing office procedures such as approved forms, fees, filing acknowledgement, the UCC information management system, filing and data entry procedures, and search requests and reports. The repeal and replacement of this rule will bring Maine's Administrative Rules for UCC closer to conformity with the Model Administrative Rules approved by the International Association of Commercial Administrators (IACA).
DETAILED BASIS STATEMENT / SUMMARY: The Administrative Rules for the Uniform Commercial Code (UCC) augment and clarify the procedures for filing a notice of lien against personal property pursuant to Title 11, Article 9-A. The repeal and replacement of this rule brings Maine's Administrative Rules for UCC closer to conformity with the Model Administrative Rules approved by the International Association of Commercial Administrators (IACA). Some of the major changes made in this rule include the following:

  • In Section 101 of the rule, several definitions have been added from the Model Rule, including "Active Record", "Address", "Searchable indexes", "UCC information management system" and "Unlapsed Record"; while several definitions have been eliminated (as they are not included in the Model Rule or they already are defined in the UCC statute), including "File number", "Person", "Termination statement" and "UCC document".
  • Section 105 of the rule defines the new expedited services to be "same-day expedited service" (which replaces the former "immediate expedited service") and "next-day expedited service" (which replaces the former "twenty-four hour expedited service").
  • In Section 106 of the rule, the filing time for a UCC record delivered by any means other than electronic filing using the filing office's online UCC filing system, will be 5 p.m. following the time of delivery, notwithstanding the time of delivery. The filing time for a UCC record delivered by electronic filing will be the time the system analyzes the transmission and determines that the required elements have been received in the required format and are machine readable.
  • Section 106 further requires that information submitted to the UCC filing office must be communicated "only in the standard, printable ASCII (i.e. American Standard Code for Information Interchange) character set" while Section 406 of the rule provides that a UCC record containing any characters other than the standard, printable ASCII character set will have those characters replaced with a space when the UCC record is entered into the UCC information management system.
  • Section 302 of the rule provides for an increased character length for personal name fields.
  • Section 503 changes the standard search logic so that "noise words" (meaning the words and abbreviations at the end of a name that indicate the existence or nature of an organization) will no longer be disregarded in a search.
  • Former Section 506 was eliminated, as expedited services are now described in section 105 of this rule. Further, the Division will no longer extend credit and invoicing as a method of payment as was provided in former Section 506, paragraph E. Instead, all filers must use one of the methods of payment described in Section 106 of the adopted rule, which include cash, checks, debit and credit cards, or subscription accounts as offered by the Information Resource of Maine (InforME) to its subscribers.
    EFFECTIVE DATE: October 21, 2013
    AGENCY CONTACT PERSON / CEC RULE-MAKING LIAISON: Julie L. Flynn, Deputy Secretary of State, Department of the Secretary of State; Bureau of Corporations, Elections and Commissions, 101 State House Station, Augusta, Maine 04333-0101. Telephone: (207) 624-7736. E-mail: Julie.Flynn@Maine.gov .
    WEBSITE: http://www.maine.gov/sos/cec/ucc/index.html .