October 23, 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 for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, Rule #264P: Part 1 General Information, Section 9, Program Integrity
PROPOSED RULE NUMBER: 2013-P241
CONCISE SUMMARY: This proposed rule defines Intentional Program Violations (IPV) in MaineCare and sets out the requirements for defining, calculating, and notifying parties of Overpayments made by the MaineCare program on behalf of an individual or the assistance unit. A referral to the Department’s Fraud Investigation and Recovery Unit (FIRU) will be made by MaineCare eligibility staff if it appears that an individual has purposely misrepresented actual circumstances (such as living arrangement, income, or assets) in order to receive MaineCare, and that the individual would not have been found eligible for MaineCare had the proper information been available.
PUBLIC HEARING:, November 13, 2013, 2:30-4:30 p.m., 19 Union Street, Conference room 110, Augusta, Maine
DEADLINE FOR COMMENTS: November 22, 2013
AGENCY CONTACT PERSON: Lea Kendall, MaineCare 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) 624-4106. TTY: Maine Relay 711. E-mail: Lea.Kendall@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 MRSA §42(1), §3173, §3174
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. 301, Food Supplement Manual, Rule #183P: ARRA Sunset (FS-001-1, FS-444-8 pgs. 1-4, FS-555-6 pgs. 1-3)
PROPOSED RULE NUMBER: 2013-P242
CONCISE SUMMARY: The American Recovery and Reinvestment Act of 2009 (ARRA) became law in order to foster economic activity in response to the recession. At that time (2009), ARRA increased maximum SNAP allotments by 13.6 percent. According to USDA Food and Nutrition Guidance dated August 2, 2013, this ARRA provision will end effective November 1, 2013. Maximum allotments will decrease by an average of 5% for November, going forward. For example, a household of 3 with no household income will see a $29 decrease, from $526 to $497 per month.
PUBLIC HEARING: No hearing is scheduled
DEADLINE FOR COMMENTS: Midnight, November 22, 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 M.R.S. §§ 42, 3104, and 5 M.R.S. §8054; 7 CFR §273.12(e)
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 01-672 (formerly 04-061) - Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission (LUPC),
CHAPTER NUMBER AND TITLE: Ch. 13, “Metallic Mineral Exploration, Advanced Exploration and Mining” for Certification of Advanced Exploration and Mining Permitted by the Department of Environmental Protection, as Required by §29 sub-§3 of Public Law 2011 ch. 653 (LD 1853)
PROPOSED RULE NUMBER: 2013-P243
BRIEF SUMMARY: The Land Use Planning Commission is seeking public comment on a proposed rule change to amend the Commission’s Ch. 13, “Metallic Mineral Exploration, Advanced Exploration and Mining” by repealing and replacing sub-chapter 3 to add standards for certification by the Commission of metallic mineral advanced exploration and mining projects in the jurisdiction of the Commission that will be permitted by the Department of Environmental Protection, in accordance with PL 2011 ch.653 (LD 1853, 125th Legislature). This rule change also changes the name of Ch. 13 to “Metallic Mineral Exploration, and Certification of Advanced Exploration and Mining”.
DETAILED BASIS STATEMENT / SUMMARY: The proposed rule-making amends the Land Use Planning Commission’s (the Commission) Ch. 13, “Metallic Mineral Exploration, Advanced Exploration and Mining”. The Commission’s corresponding routine technical rule-making to amend its Ch. 13 rules for exploration and advanced exploration is being undertaken concurrently with these proposed rules for certification. This rule change will repeal Ch. 13, and replace sub-Ch. 3 with the sub-chapter entitled “Requests for Certification of Advanced Exploration and Mining”. The proposed sub-chapter 3 establishes the standards for certification by the Commission to the Department of Environmental Protection (the Department) that any metallic mineral mining activity located in the unorganized or deorganized areas of Maine being reviewed by the Department meets any land use standard established by the Commission that is not considered in the Department’s review. The proposed rulemaking also amends the title of Ch. 13 to “Metallic Mineral Exploration, and Certification of Advanced Exploration and Mining”.
Prior to 2012, the Commission regulated metallic mineral mining in its jurisdiction in accordance with its Ch. 13 rules, which were jointly promulgated by the Commission and the Department (Ch. 200) in 1991. The passage of PL 2011 Ch. 682 (LD 1798) in 2011 (effective August 2012) shifted regulation of any project triggering the site location of development laws located in the Commission’s jurisdiction to the Department, including metallic mineral mining.
In 2012, the Legislature passed PL 2011 Ch. 653 (LD 1853), An Act To Improve Environmental Oversight and Streamline Permitting for Metallic Mineral Mining in Maine, creating laws for the Department to regulate metallic mineral mining in Maine. Starting June 1, 2014, regulation of metallic mineral mining in Maine will no longer be regulated by the Department under the site location of development laws, but will be regulated by the Department under the Maine Metallic Mineral Mining Act. Ch. 653 directs the Commission to amend its rules regulating metallic mineral exploration, advanced exploration and mining, and to establish rules for certification by the Commission. Ch. 653 determined that the rules for certification require major substantive rule-making, to be provisionally adopted by the Commission and submitted to the Legislative Council by January 10, 2014.
Proposed Change
The proposed rule amendment to the Commission’s Ch. 13, “Metallic Mineral Exploration, Advanced Exploration and Mining” adds standards for certification of advanced exploration and mining permitted by the Department of Environmental Protection, as required by §29 sub-§3 of Public Law 2011 ch. 653. Ch. 13 will be repealed and sub-chapter 3 will be replaced with “Requests for Certification of Advanced Exploration and Mining”. The name of Ch. 13 will be amended as “Metallic Mineral Exploration, and Certification of Advanced Exploration and Mining”.
A copy of the above proposed rule changes may be viewed at the Commission’s main office at 18 Elkins Lane, Harlow Building, Augusta, Maine or may be downloaded from the agency’s web site at http://www.maine.gov/doc/lupc/. To view the proposed rule changes at the Augusta office, please call the office in advance at 207-287-2631.
PUBLIC HEARING: 1:00 pm; November 13, 2013; Jeff’s Catering, 15 Littlefield Way, Brewer, Maine
COMMENT DEADLINE: Written comments November 25, 2013; rebuttal comments December 2, 2013
CONTACT PERSON FOR THIS FILING /SMALL BUSINESS INFORMATION: Marcia Spencer Famous, Maine Land Use Planning Commission, Department of Agriculture, Forestry and Conservation, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4933. TTY: (888) 577-6690. E-mail: Marcia.Spencer-Famous@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §684, §685-A,3, §685-C,5, and Public Law 2011 ch. 653 (LD 1853, 125th Legislature)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/doc/lupc/ .
AGRICULTURE RULE-MAKING LIAISON: Mari-Wells@Maine.gov .


AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 180, Performance Evaluation and Professional Growth Systems
PROPOSED RULE NUMBER: 2013-P244
BRIEF SUMMARY: This rule establishes standards and procedures for implementation of performance evaluation and professional growth systems (PE/PG systems) for teachers and principals in school administrative units. The rule defines terms, adopts sets of professional practice standards for teachers and principals, establishes criteria that must be met by student growth measures used in a PE/PG system and requires involvement of educators in implementation of systems. The rule sets forth the process for obtaining department approval of locally-developed plans.
PUBLIC HEARING: Wednesday, November 13, 2013 - 9 a.m. to 11 a.m., Room 500, Cross Office Building, Augusta
COMMENT DEADLINE: Monday, November 25, 2013, 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOE RULE-MAKING LIAISON: Deborah Friedman, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6620. E-mail: Deborah.Friedman@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: Title 20-A MRSA §13706
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Title 20-A ch. 508
WEBSITE: http://www.maine.gov/doe/

ADOPTIONS

AGENCY: 13–188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 2, Aquaculture Lease Regulations: Ch. 2.60 & 2.64, Consistency with Existing Aquaculture Laws
ADOPTED RULE NUMBER: 2013-240
CONCISE SUMMARY: The principal reason for this rule-making is to update the DMR’s aquaculture regulations in order to provide consistency with existing Maine aquaculture laws, specifically 12 M.R.S. §6072 section 12-A Transferability and 12 M.R.S. §6072-A, “Limited-Purpose Lease for Commercial or Scientific Research”. In 2009, the Maine Legislature amended these state laws to specify a 14-day comment period as well as remove the hearing requirement for lease transfers; and to increase the size limitation for limited-purpose leases from 2 to 4 acres for commercial or scientific research.
EFFECTIVE DATE: October 17, 2013
AGENCY CONTACT PERSON: Chris Vonderweidt (207-624-6558)
AGENCY NAME: Department of Marine Resources, 21 State House Station, Augusta, ME 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov . 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: 13–188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: Atlantic Sea Scallop Regulations and 2013-2014 Harvesting Season
ADOPTED RULE NUMBER: 2013-241
CONCISE SUMMARY: The scallop season, establishment of two separate diver and dragger calendars, reduction of the daily limit in Zone 1 & 2 from 20 to 15 gallons, establishment of four Zone 2 Limited Access Areas that expired last season, amendments to five Limited Access Areas (LAA) when taken together will provide more fishing opportunities. In addition, the broadening of another LAA (Damariscotta River in the Sheepscot/Damariscotta Area), 12 smaller targeted closures and the shellstock-to-meat weight conversion and prohibition of transfer of scallops at sea were generally supported and/or recommended by the Scallop Advisory Council (SAC) at their meeting on May 30, 2013 in Ellsworth.
The 2013-14 season follows the pattern of the 2012-13 season with a daily possession limit for Zone 1 & 2 of 15 gallons with a 70-day season, while Zone 3 would have the existing 10-gallon daily limit with a slightly longer 50-day season. For Zone 1 & 2, a 70-day season is set 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 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 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 last day of the Zone 1 & 2 dive season is Friday, March 21, 2014. For Zone 3, a 50-day season is set for draggers with fishing prohibited on Fridays, Saturdays and Sundays in December. 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. Scallop fishing by Zone 3 draggers in the month of March would be prohibited on Thursday, Fridays, Saturdays and Sundays. The last day of the Zone 3 drag season is Tuesday, March 18, 2014. For Zone 3, a 50-day season is set for divers with fishing prohibited on Sundays, Mondays and Tuesdays in December. 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 4, 2014 would be open and January 1, 2014 would be closed. Scallop fishing by Zone 3 divers in the month of March would be prohibited on Saturdays, Sundays, Mondays and Tuesdays. The last day of the Zone 3 dive season is Friday, March 20, 2014.
EFFECTIVE DATE: October 17, 2013
AGENCY CONTACT PERSON: Trisha De Graaf (207) 624-65454
AGENCY NAME: Department of Marine Resources, 21 State House Station, Augusta, ME 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov . 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: 13–188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 24, Importation of Live Marine Organisms: 24.10(1)(D)(6), Maine – Restricted Area for American Oyster
ADOPTED RULE NUMBER: 2013-242
CONCISE SUMMARY: This rule-making makes permanent the emergency rule-making of August 1, 2013 that 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 caused by a microscopic parasite.
The Department of Marine Resources found that there was a need for the 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. The Department found that the emergency rule was 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.
EFFECTIVE DATE: October 17, 2013
AGENCY CONTACT PERSON: Marcy Nelson (tel. (207) 633-9502)
AGENCY NAME: Department of Marine Resources, 21 State House Station, Augusta, ME 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov . 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: 13–188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 55, Gear Restrictions
ADOPTED RULE NUMBER: 2013-243
CONCISE SUMMARY: This rule makes a number of minor changes to Ch. 55, “Gear Restrictions”. Among them:
- It amends a rule in Ch. 55.06 to enact a minimum 1/8” mesh size on any net or trap set in any tidal river, brook, stream or other watercourse in order to clarify elver fishing requirements and enforcement efforts. Based on public comment the words “diamond or square stretch mesh” have been added to further clarify this section.
- It makes permanent an earlier emergency rule-making in Ch. 55.07 that prohibited the placement of nets in watercourses within Maine territorial waters between noon February 1 and noon March 22 annually in order to conserve marine, estuarine, and diadromous species including, but not limited to: rainbow smelt, Atlantic tomcod, sea-run brook trout, winter flounder, and American eel.
- It creates a rule in Ch. 55.08 that makes it illegal to fish for, take or transport to the surface any marine organism by pump, vacuum, suction or any type of mechanical pumping. Herring, menhaden, seaweed,and species raised by means of aquaculture would be exempted from this provision. The change from “rockweed” to “seaweed” was made based upon public comment. The addition of aquaculture-raised species exemption was included after DMR staff input. It is believed that a vacuum system has the ability to remove items or organisms from the bottom that would not normally be removed. The use of these systems has been prohibited in other fisheries. The primary concern is that organisms are being suctioned from areas that would previously have been unavailable to harvest, therefore negatively impacting broodstock populations.
- It deletes a rule regarding eel harvesting on the Sheepscot River in Ch. 55.30 is similar to an existing rule in Ch. 32.
- It deletes a Penobscot River fishing closure in Ch. 55.58 as a result of the removal of the Veazie dam.
- It changes the date of the Kenduskeag Stream closure from July 16 through September 30 to July 1 through September 30 in Ch. 55.59. The July 1 closure date will match the closure date of the adjacent freshwater section upstream of the Harlow Street Bridge. This rule would also parallel Department of Inland Fisheries and Wildlife regulations and match the closure dates of other Penobscot River tributaries in the area. This rule would clear up misinterpretations and confusion as to legal fishing timeframes on this specific body of water.
EFFECTIVE DATE: October 17, 2013
AGENCY CONTACT PERSON: Kevin Rousseau
AGENCY NAME: Department of Marine Resources, 21 State House Station, Augusta, ME 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov . 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 (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2013-244
CONCISE SUMMARY: This rule-making permanently adopts changes made on an emergency basis, effective July 1, 2013, to implement provisions in the 2014-15 budget law (LD 1509, P.L. 2013, ch. 368). Specifically, this rule-making:
a) Increases the reimbursement rate per psychiatric discharge for members under 18 years of age from hospitals in the Lewiston/Auburn area to $9,128.31;
b) Reduces the outpatient Ambulatory Payment Classification (APC) rate for Acute Care Non-Critical Acess Hospitals and Rehabilitation Hospitals from 93% to 83.7% of the adjusted Medicare APC rate for outpatient services; if multiple procedures are performed, the Department will pay 83.7%, rather than 93%, of Medicare’s single bundled APC rate; calculations for outlier payments will follow Medicare rules and also be paid at 83.7%, rather than 93%, of the Medicare payment.
The rule-making also corrects two clerical errors: (1) on page 15, the proper heading should be “Section 45.04 Acute Care Critical Access Hospitals;” and, (2) on pages 11 and 18, removes “un” from “unadjusted” so the proper word is “adjusted.”
The Department is seeking approval from the Centers for Medicare and Medicaid Services for a State Plan Amendment for this change.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: October 16, 2013
AGENCY CONTACT PERSON: Peter Kraut, Health Planner, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-287-6131. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Peter.Kraut@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 (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 97, Private Non-Medical Institution Services
ADOPTED RULE NUMBER: 2013-245
CONCISE SUMMARY: This final adopted rule eliminates Private Non-Medical Institution Services (PNMI), Appendix D (Child Care Facilities), Model 3 (Intensive Mental Health Services for Infants and/or Toddlers). The reimbursement rate is being eliminated in a separate provisionally adopted rule-making for Ch. III Section 97. Although eligible infants and toddlers will no longer be able to access PNMI Appendix D, Model 3 intensive mental health services, they will be eligible for medically necessary behavioral health services through Section 65, Behavioral Health Services.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents
EFFECTIVE DATE: October 16, 2013
AGENCY CONTACT PERSON: Ann O'Brien, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-287-5505 Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Ann.OBrien@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 for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program Manual, Rule #183E: ARRA Sunset (FS-001-1, FS-444-8 pages 1-4, FS-555-6 pages 1-3
ADOPTED RULE NUMBER: 2013-246 (Emergency)
CONCISE SUMMARY: The American Recovery and Reinvestment Act of 2009 (ARRA) became law in order to foster economic activity in response to the recession. At that time (2009), ARRA increased maximum SNAP allotments by 13.6 percent. According to USDA Food and Nutrition Guidance dated August 2, 2013, this ARRA provision will end effective November 1, 2013. Maximum allotments will decrease by an average of 5% for November, going forward. For example, a household of 3 with no household income will see a $29 decrease, from $526 to $497 per month.
EFFECTIVE DATE: October 15, 2013
AGENCY CONTACT PERSON: Karen 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 .
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 #100A: Legal Non-Citizen Hardship (Ch. VII Page 8 (formerly 9a))
ADOPTED RULE NUMBER: 2013-247
CONCISE SUMMARY: This rule permanently adopts Emergency Rule 100 and implements provisions of the Biennial Budget (PL, 2013, chapter 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: October 21, 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
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. 301, Food Supplement Program Manual, Rule 181A: Legal Non-Citizenship Hardship ( FS 111-2 pages 2a, 2b, 2c)
ADOPTED RULE NUMBER: 2013-248
CONCISE SUMMARY: This rule adopts the following:
a. The emergency rule #181E – ‘Legal Non-Citizenship’, which became effective as of August 1, 2013.
b. Provisions from Part OO of the State FY 2014 and FY 2015 Biennial Budget (PL. 2013 ch. 368 Part OO Sections OO-2 and OO-14), 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: October 21, 2013
AGENCY CONTACT PERSON: Karen 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 .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 601, Estate Tax
ADOPTED RULE NUMBER: 2013-249
CONCISE SUMMARY: Maine Revenue Services has adopted amended Rule 601 (Estate Tax). Rule 601 clarifies estate tax law applicable to 2012 and earlier years. The rule explains, in greater detail, the Maine estate tax law in effect prior to the law changes made during the 12Sth Legislature. The rule outlines filing requirements, valuation methods and sourcing of assets in an estate with property in more than one state. The rule provides other details to help personal representatives complete the Maine estate tax return and to interpret the generalities of the law. The rule amendments add a sunset date to the application of the rule contents.
EFFECTIVE DATE: October 20, 2013
AGENCY CONTACT PERSON: Dennis Doiron, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8483. E-mail: Dennis.M.Doiron@Maine.gov .
REVENUE SERVICES WEBSITE: http://www.maine.gov/revenue/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 603, Maine Estate Tax after 2012
ADOPTED RULE NUMBER: 2013-250
CONCISE SUMMARY: Maine Revenue Services has adopted new Rule 603 (“Maine Estate Tax after 2012”). The new rule explains, in greater detail, the Maine estate tax law as amended during the 125th Legislature. The rule outlines filing requirements, valuation methods and sourcing of assets in an estate with property in more than one state. The rule provides other details to help personal representatives complete the Maine estate tax return and to interpret the generalities of the law.
EFFECTIVE DATE: October 20, 2013
AGENCY CONTACT PERSON: Dennis Doiron, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8483. E-mail: Dennis.M.Doiron@Maine.gov .
REVENUE SERVICES WEBSITE: http://www.maine.gov/revenue/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .


AGENCY: 02-280 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Accountancy
CHAPTER NUMBER AND TITLE: Ch. 5, Certified Public Accountant License Requirements
ADOPTED RULE NUMBER: 2013-251
CONCISE SUMMARY: The adopted rule revises the educational and work experience requirements for licensure as a CPA. The education requirement lists accounting topics from which the minimum 15 hours of accounting course must be drawn. The accounting experience requirement allows a CPA applicant to gain work experience in a non-public accounting entity that is substantially equivalent to the experience gained in a public accounting firm. Such work experience can be considered based on the complexity and diversity of the work performed, and the skill and knowledge of the CPA applicant as evidenced by the work performed.
EFFECTIVE DATE: October 23, 2013
AGENCY CONTACT PERSON: Catherine M. Carroll, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. E-mail: Catherine.M.Carroll@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/accountants/index.htm .
PFR RULE-MAKING LIAISON: Anne.L.Head@Maine.gov .