July 16, 2014

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/index.html. 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. 8, Endangered and Threatened Species
PROPOSED RULE NUMBER: 2014-P154
BRIEF SUMMARY: In accordance with Title 12 §12803, the Department of In1and Fisheries and Wildlife is proposing to recommend additions and modifications to the list of endangered and threatened species to the Maine State Legislature for their consideration and approval. The law requires that prior to recommending additions, deletions or other changes to the list, the Commissioner shall provide for public notice and public hearings on the proposed recommendation to the Legislature. Public hearings have been scheduled and are listed above. The proposed changes may be obtained from the agency contact person listed above.
PUBLIC HEARINGS:
Portland: August 4, 2014 @ 6:30pm - Portland City Hall, Room 24 (basement), 389 Congress Street
Farmington: August 5, 2014 @ 6:30pm - University of Maine Farmington - Roberts Learning Center (C23 back building), Main Street (Route 4)
COMMENT DEADLINE: August 15, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §12803
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 (DHHS), Office of MaineCare Services (OMS) – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 30, Family Planning Agency Services
PROPOSED RULE NUMBER: 2014-P155
CONCISE SUMMARY: This rule-making is being proposed in order to conform with industry billing standards and covered services. The Department is required to utilize certain applicable medical data code sets, pursuant to 45 C.F.R. §§ 162.1000 and 162.1002. Each code set is valid within the dates specified by the organization responsible for maintaining that code set pursuant to 45 C.F.R. §162.1011. The proposed updates include adding the code for the administration of medroxyprogesterone acetate (DepoProvera), and the addition of codes for the following new Family Planning Agency Services in Ch. III: 1) Removal of an IUD; 2) Administration of the HPV vaccine; 3) Insertion of the IUD Skyla®. Finally, these proposed changes remove language referring to retroactive code dates from 2010. The revisions to Ch. II include a reference to a rate setting website in Ch. III and add language stating that Family Planning Agencies will be reimbursed at the same fee-for-service rate as other providers when applicable.
PUBLIC HEARING: August 4, 2014 - 9:00 a.m., 302 Cross Office Building, 111 Sewall Street, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements planning to attend the hearing contact the agency person listed below before Wednesday, July 23rd, 2014.
DEADLINE FOR COMMENTS: Comments must be received by midnight Thursday, August 14, 2014.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Rachel Thomas, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4001. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Rachel.Thomas@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S.A. §§ 42, 1901 et seq.; 3173
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: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 18, Home and Community-Based Services for Adults with Brain Injury
PROPOSED RULE NUMBER: 2014-P156
CONCISE SUMMARY: The Department is creating a new section of the MaineCare Benefits Manual outlining the covered services, program requirements, and reimbursement rates for a home and community-based program for adults with Acquired Brain Injury (ABI). This new MaineCare program, provided to eligible members through a Home and Community Based Waiver program approved by the Centers for Medicare and Medicaid Services, will provide supports necessary to assist individuals with an ABI to live in the community rather than in institutional settings. Ch. II of Section 18 (titled “Home and Community-Based Services for Adults with Brain Injury”) will detail the program requirements and services offered under the waiver. Those services include Assistive Technology, Care Coordination, Career Planning, Community/Work Reintegration, Employment Specialist Services, Home Support, Non-Medical Transportation Services, Self-Care/Home Management Reintegration, Work Ordered Day Club House and Work Support-Individual. Ch. III of Section 18 (titled “Allowances for Home and Community-Based Services for Adults with Brain Injury”) establishes billing procedure codes (based on HIPAA compliant CPT coding) and reimbursement rates for the waiver services.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rule-making documents.
PUBLIC HEARING: August 4, 2014 - 9:00-11:00 a.m., Conference Room #110, Department of Health and Human Services, 19 Union Street, Augusta, Me 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before July 25, 2014.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Thursday August 14, 2014.
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4048. Fax: (207) 287-1864. TTY: 711. E-mail: Ginger.Roberts-Scott@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173, P.L. 2013, ch. 368 §A-33
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 01-026 Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Board of Pesticides Control Rules:
Amendments to Ch. 20, Special Provisions
Amendments to Ch. 22, Standards for Outdoor Application of Pesticides by Powered Equipment in Order to Minimize Off-Target Deposition
Amendments to Ch. 28, Notification Provisions for Outdoor Pesticide Applications
Amendments to Ch. 31, Certification and Licensing Provisions/Commercial Applicators
Amendments to Ch. 32, Certification and Licensing Provisions/Private Applicator
Amendments to Ch. 33, Certification & Licensing Provisions/Private Applicators of General Use Pesticides (Agricultural Basic License)
Amendments to Ch. 41, Special Restrictions on Pesticide Use
PROPOSED RULE NUMBERS: 2014-P157 thru P163
BRIEF SUMMARY:
Ch. 20: Add current Board policy requiring applicators to positively identify application sites in a manner approved by the Board. Since this requirement is currently in policy, it is not enforceable.
Ch. 22: Improve the effectiveness of the rule by eliminating the requirement of identifying sensitive areas for biting fly and tick applications, and linear rights-of-way applications if the applicator implements a drift management plan and advance public notice of the application is published in a newspaper of general circulation in the affected area. Given that all areas are “sensitive areas” by definition in a residential area, mapping them has little value, and signage would be of greater public benefit.
Ch. 28: Add to the list of categories that require posting: 1) applications for biting fly and other arthropod vectors and 2) applications for industrial/municipal vegetation management, except when making applications to sidewalks and trails, provided that a public notice of the proposed treatment is published. This aligns with the proposed amendments to Ch.22, eliminating the requirement for mapping sensitive areas, in lieu of posting, which is of greater public benefit in these instances.
Ch. 31: Three amendments are proposed:
1. Clarify that certain applications are exempt from commercial licensing requirements. These are currently in policy:
* Adults applying repellents to children with the written consent of parents/guardians;
* Persons installing antimicrobial metal hardware.
2. Exempt aerial applicators certified in other states from passing a written regulation exam and allow for issuance of reciprocal licensing when the staff determines that an urgent pest issue exists and when staff verbally reviews pertinent Maine laws with the applicator.
3. Shorten the time period a person must wait before re-taking an exam they have failed.
Ch. 32: Shorten the time period a person must wait before re-taking an exam they have failed.
Ch. 33: Shorten the time period a person must wait before re-taking an exam they have failed.
Ch. 41: Amend Section 3 to eliminate restrictions on hexazinone relative to pesticide distributors and air-assisted application equipment.
PUBLIC HEARING: Friday, August 8, 2014, 8:30 a.m., Room 319, Deering Building, 90 Blossom Lane, Augusta
COMMENT DEADLINE: 5:00 p.m., Friday, August 22, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / BOARD RULE-MAKING LIAISON: Henry Jennings, Board of Pesticides Control, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7543. E-mail: Henry.Jennings@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE:
Ch.20: 7 M.R.S. § 610(2), 22 M.R.S. §1471-M
Ch.22: 7 M.R.S. § 610(2), 22 M.R.S. §1471-M
Ch.28: 22 MRSA §1471-M(2)(D)
Ch.31: 22 MRSA §§ 1471-D and S
Ch.32: 2 MRSA §§ 1471-D and S
Ch.33: 22 MRSA §§ 1471-D(2-D), 22 MRSA 1471-M(1)(C-1)
Ch.41: 7 MRSA §§ 601-625 and 22 MRSA §1471A-X
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dacf/php/pesticides/index.shtml .
AGRIULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

ADOPTIONS

AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 165 (New), Prudential Standards of Domestic Risk Retention Groups
ADOPTED RULE NUMBER: 2014-142
CONCISE SUMMARY The rule establishes financial and corporate governance standards for Maine domestic risk retention groups.
EFFECTIVE DATE: July 12, 2014
AGENCY CONTACT PERSON: Elena Crowley, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207)624-8421. E-mail: Elana.I.Crowley@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Support Enforcement and Recovery (DSER)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual: Ch. 12, Proceedings to Amend or Set Aside Administrative Decisions; Proceedings to Appeal Agency Action
ADOPTED RULE NUMBER: 2014-143
CONCISE SUMMARY: 19-A M.R.S. §2451 established procedures for an administrative review process for Departmental decisions regarding child support obligations. Ch. 12 of the Maine Child Support Enforcement Manual details those procedures and clarifies the processes for requests for hearings, Notice provisions and reviewable issues.
This rule-making updates Ch. 12 to add the procedures for the gambling offset established by 8 M.R.S. §§ 300-B and 1066. It codifies the rights of the Custodial Parent to request a hearing in certain cases, which has been available but not clearly stated in past manual updates. This rule-making also incorporates clarifications made to the Notice of Debt process, as recently proposed in the Ch. 10 rule-making, published December 18, 2013. Finally, this rule-making reorganizes Ch. 12 for ease in reading and in quickly locating relevant sections and paragraphs.
The following changes were made from the proposed version of this Rule:
1. In Part 12 .2(B)( 6)(c), the deadline to request an appeal from a state tax setoff was changed from 30 to 60 days, as a reflection of changes in 36 M.R.S. §5276-A(2).
2. Part 12.2(C)(l)(c) was added to expand the definition of "substantial change of circumstances" to include the passage of three years since the order, in accordance with 19-A M.R.S. §2304(8).
3. Part 12.5 was changed to remove two additional grounds to appeal a Notice of Debt that are not included in the pertinent statute, 19-A M.R.S. §2352.
EFFECTIVE DATE: July 12, 2014
AGENCY CONTACT PERSON: Tracy Quadro, Staff Counsel, DHHS – DSER, 11 State House Station, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-6983. E-mail: Tracy.Quadro@Maine.gov .
DSER WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Support Enforcement and Recovery (DSER)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual: Ch. 23, Employer Reporting
ADOPTED RULE NUMBER: 2014-144
CONCISE SUMMARY: Section IV -D of the Social Security Act mandates that the Department of Health and Human Services, Division of Support Enforcement and Recovery (DSER), operate a State Directory of New Hires to which employers doing business in the State of Maine must report the hiring of a new employee. 19-A M.R.S. §2154 sets out the procedure for the reporting of new hires. In 2013, the Legislature amended §2154 to comply with changes in federal law. This amendment directed employers to report the date that services were first performed by the employee for remuneration along with other identifying information. It also changed the definition of newly hired employee to include the hiring of a person who has not been previously employed by the employer, or who was previously employed by an employer but has been separated from employment for 60 consecutive days.
This rule-making updates the Manual to reflect these changes made by the legislature. It also makes changes in the method of reporting, as technology in DSER's reporting mechanisms has advanced since the last rule-making on this chapter. It clarifies the definition of "employer doing business in the State of Maine." Finally, it adds a paragraph noting that, according to statute, some independent contractors must also be reported to DSER.
Two minor changes were made to the proposed version of this rule:
1. On p. 1 of the rule, in the first paragraph, the cite to the Internal Revenue Service code was changed to reflect the codified version of the statute.
2. On p. 2 of the rule, 23.6, “Use of Information”, the word "Division" was changed to "Department," to reflect the fact that paragraphs B. and C. pertain to the Eligibility programs of OFI, not to DSER.
EFFECTIVE DATE: July 12, 2014
AGENCY CONTACT PERSON: Tracy Quadro, Staff Counsel, DHHS – DSER, 11 State House Station, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-6983. E-mail: Tracy.Quadro@Maine.gov .
DSER WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 29-250 Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 159, Rules Governing the Administration of the Permanent, Semi-permanent Semi-trailer Registration Programs.
ADOPTED RULE NUMBER: 2014-145
BRIEF SUMMARY: This amendment updates and revises the procedures for issuing Maine long term trailer registrations.
EFFECTIVE DATE: July 13, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Garry Hinkley, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Robert.O’Connell@Maine.gov .


AGENCY: 16-633 Department of Public Safety, Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 20, Slot Machine Standards
ADOPTED RULE NUMBER: 2014-146
CONCISE SUMMARY: Any slot machine designated for shipment to Maine must meet or exceed the standards outlined in the Maine Slot Machine Standards approved and adopted by the Board.
EFFECTIVE DATE: July 14, 2014
AGENCY CONTACT PERSON: Patrick J. Fleming, Gambling Control Board, 87 State House Station, Augusta, ME 04333-0087. Telephone: (207) 626–3901. E-mail: Patrick.J.Fleming@Maine.gov .
WEBSITE: http://www.maine.gov/dps/GambBoard/index.html .
RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .