Home → Bureau of Corporations, Elections & Commissions → Rule Making → Weekly Notices → October 1, 2014
October 1, 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: 01-015 Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #11-14
PROPOSED RULE NUMBER: 2014-P211
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
PUBLIC HEARING: October 23, 2014, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: October 23, 2014
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
AGENCY: 01 001 - Department of Agriculture, Conservation and Forestry
CHAPTER NUMBER AND TITLE: Ch. 203, Rules for the Participation in the Maine Chronic Wasting Disease Surveillance Program
PROPOSED RULE NUMBER: 2014-P212
BRIEF SUMMARY: The suggested changes are necessary to bring Maine's Chronic Wasting Disease (CWO) Herd Certification Program (HCP) in compliance with new federal minimum standards. New federal standards for this program went into effect in December of 2012; Maine needs to change the testing age requirements of the program as follows to be compliant with federal law Facility inspections and Herd inventory reviews defined in 9 CFR 55.23(b)(4) Responsibilities of States and enrolled herd owners (January 1, 2012) which can be found here: http://www.gpo.gov/fdsys/granule/CFR-2012-title9-vol1/CFR-2012-title9-vol1-sec55-23/content-detail.html .
Changes the yearly testing for the captive cervid operation by:
1. Submitting for testing appropriate CWD samples from all natural deaths of cervids from 16 to 12 months.
2. Submitting for testing appropriate CWD samples from slaughtered and/or harvested cervids over from 16 to 12 months of age so that the total sample size reflects to does not to exceed a 2 percent prevalence level and 95 percent confidence.
PUBLIC HEARING: None.
COMMENT DEADLINE: November 4, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Michele Walsh, Department of Agriculture, 28 State House Station, Augusta, ME 04333: Telephone: (207) 287-7615. E-mail: Michele.Walsh@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 7 MRSA §1821; 9 CFR 55.23(b)(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Facility Inspections and herd inventory reviews must also be consistent with provisions defined in 9 CFR 55.23(b)(4) (January 1, 2012).
WEBSITE: http://www.maine.gov/dacf/ahw/animal_health/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .
AGENCY: 01 001 - Department of Agriculture, Conservation and Forestry
CHAPTER NUMBER AND TITLE: Ch. 206, Prevention and Control of Certain Diseases of Domestic Animals and Poultry
PROPOSED RULE NUMBER: 2014-P213
BRIEF SUMMARY: This proposed rule amendment brings Maine's Chronic Wasting Disease (CWD) Herd Certification Program (HCP) into compliance with new federal minimum standards that went into effect in December of 2012. This proposed amendment adds Chronic Wasting Disease (CWD) to Maine's Reportable Animal Disease (RAD) list, which is contained in this rule.
PUBLIC HEARING: None.
COMMENT DEADLINE: November 4, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Michele Walsh, Department of Agriculture, 28 State House Station, Augusta, ME 04333: Telephone: (207) 287-7615. E-mail: Michele.Walsh@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 7 MRSA §1821; 9 CFR 55.23(b)(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Facility Inspections and herd inventory reviews must also be consistent with provisions defined in 9 CFR 55.23(b)(4).
WEBSITE: http://www.maine.gov/dacf/ahw/animal_health/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .
AGENCY: 06-481 - Department of Environmental Protection (DEP), Board of Underground Storage Tank Installers
CHAPTER NUMBER AND TITLE: Ch. 3, Certification of Underground Oil Tank Installers
PROPOSED RULE NUMBER: 2014-P214
BRIEF SUMMARY: The Department is proposing amendments to its Ch. 3, Certification of Underground Tank Installers rule. In order to ensure a similar level of training and experience for underground tank installers, the rule amendments will clarify the standards that applicants, primarily from outside of Maine, would need to meet to qualify for a variance from the tank installer apprenticeship program. The proposed amendments would also clarify reciprocity standards for applicants certified in another state, including consideration of their compliance record and that they are certified for tank removals as well as installations.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/ . Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: October 21, 2014 - 1:00 p.m. - DEP Response Training Room, 4 Blossom Lane, Augusta, Maine
COMMENT DEADLINE: October 31, 2014 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: George Seel, Department of Environmental Protection, 17 State House Station Augusta, ME 04333-0017. Telephone: (207) 287-7166. Fax: (207) 287-7826. E-mail: George.J.Seel@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This proposal is not expected to have a significant fiscal impact on counties or municipalities.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §10004
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .
AGENCY: 06-481 - Department of Environmental Protection (DEP), Board of Underground Storage Tank Installers
CHAPTER NUMBER AND TITLE: Ch. 6, Certification of Underground Oil Storage Tank Inspectors
PROPOSED RULE NUMBER: 2014-P215
BRIEF SUMMARY: The Department is proposing to amend its Ch. 6, Certification of Underground Tank Inspectors rule to provide reciprocity for inspectors that are certified in another state.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/ . Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: October 21, 2014 - 1:00 p.m. - DEP Response Training Room, 4 Blossom Lane, Augusta, Maine
COMMENT DEADLINE: October 31, 2014 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: George Seel, Department of Environmental Protection, 17 State House Station Augusta, ME 04333-0017. Telephone: (207) 287-7166. Fax: (207) 287-7826. E-mail: George.J.Seel@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This proposal is not expected to have a significant fiscal impact on counties or municipalities.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §10004.2
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 609, ASPIRE/JET Food Supplement Employment and Training (FSET) Program Rules: Section 2(II), Program Goal, Service Priority and Service Area; Section 3(III), ABAWD Service; Section 6(I), Eligibility for Payments (Rule #3P, Food Supplement Employment and Training Program Plan)
PROPOSED RULE NUMBER: 2014-P216
CONCISE SUMMARY: This rule updates the Food Supplement Employment and Training program for Federal Fiscal Year (FFY) 2015, contingent upon approval by the United States Department of Agriculture - Food and Nutrition Services.
OFI will partner with the Maine Department of Labor to expand Food Supplement Employment and Training (FSET) services for able bodied adults without dependents (ABAWDs). FSET services will be available in Augusta, Bangor, Lewiston and Portland. FSET will provide employment assistance, training on job search skills, support job search activities, and provide work related case management services. The FSET Competitive Skills Scholarship Program (FSET-CSSP) will also be established, which will assist some participants to get training through certificate and degree programs for approved high wage in-demand jobs. The proposed changes will make FSET participation mandatory for Food Supplement ABA WDs not meeting work requirements residing in counties (Androscoggin, Cumberland, Kennebec, and Penobscot) and within 30 miles of Career Center FSET locations (Augusta, Bangor, Lewiston and Portland). SNAP recipients not residing within these areas may voluntarily participate in FSET services.
Finally, this rule amendment will change the title of 10-144 CMR Ch. 609 from ASPIRE/JET to Food Supplement Employment and Training (FSET) Program Rules.
PUBLIC HEARING: October 21, 2014, 1:00 p.m. - 3:00 p.m., 19 Union Street, Augusta, Maine - Conference Room 110
DEADLINE FOR COMMENTS: November 2, 2014
AGENCY CONTACT PERSON: Patricia Dushuttle, Special Projects Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-6907. TTY: 711 (Maine Relay). E-mail: Patricia.Dushuttle@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. §3104; 7 C.F.R. §273.7; 7 U.S.C. 2015(d)(4)
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. 332, MaineCare Eligibility Manual: Part 6, Supplemental Security Income (SSI) – Related MaineCare Coverage (Rule #269P, Clarify and Strengthen the Language in Part 6)
PROPOSED RULE NUMBER: 2014-P217
CONCISE SUMMARY: The purpose of 10-144 CMR Ch. 332 Part 6, "Supplemental Security Income (SSI)-Related Medicaid Coverage", is to clarify existing federal regulations that govern SSI-Related Medicaid decisions. The purpose of this rule change is to further clarify and strengthen Part 6 and to make more specific the instances in which Part 6 seeks to create a standard that parallels that used by the federal government. These changes are intended to assist the Medical Review Team, Administrative Hearings Officers, and other interested parties in interpreting the federal regulations.
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: November 2, 2014
AGENCY CONTACT PERSON: R.W. Bansmer, Jr., Senior 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) 624-4105. TTY: 711 (Maine Relay). E-mail: Reinhold.Bansmer@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(1), 3173
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .
ADOPTIONS
AGENCY: 01-015 Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #10-14
ADOPTED RULE NUMBER: 2014-228
CONCISE SUMMARY: Minimum October 2014 Class I price is $27.44/cwt. plus $1.16/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $30.80/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/minimum.shtml .
EFFECTIVE DATE: September 28, 2014
AGENCY CONTACT PERSON / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 4, Ambulatory Surgical Center Services
ADOPTED RULE NUMBER: 2014-229
CONCISE SUMMARY: This rule provides reimbursement for medically necessary services that can be performed at a freestanding facility that operates exclusively for the purpose of providing surgical services to persons not requiring hospitalization and in which the expected duration of services would not exceed 24 hours following admission. It is dependent upon approval of a State Plan Amendment by the Centers for Medicare and Medicaid Services. This rule restores coverage for services provided through a section of the MaineCare Benefits Manual, Section 4, “Ambulatory Surgical Center Services”, that was previously eliminated pursuant to Public Law 2011, Ch. 657. This rule will finally adopt the July 1, 2014 emergency rule that provided for the reimbursement of ambulatory surgical centers (ASCs) under the MaineCare program, under rules that are identical to the rules that were in effect on January 1, 2012.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: September 29, 2014
AGENCY CONTACT PERSON: Peter Kraut, Comprehensive Health Planner, Division of Policy, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4041. Fax: (207) 287-1864. TTY: 711. 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 for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Maine Food Supplement Manual, Rule #187A: General Program Requirements / Nonfinancial: Eligibility Factors:
Section FS-111-5, page 1;
Section FS-111-6, pages 2-3;
Section FS-111-7, pages 4-6
ADOPTED RULE NUMBER: 2014-230
CONCISE SUMMARY: The Department is adopting changes that, as of October 1, 2014, will require Maine SNAP recipients who are able-bodied adults between the ages of 18-49 without dependents (ABAWDs) to meet work requirements of the federal SNAP program. This change will not impact SNAP recipients who do not meet the age requirements, those who are temporarily or permanently disabled, have dependent children in the household, are caring for an incapacitated adult, are currently receiving substance abuse treatment, are in school at least half-time, are meeting volunteer requirements, or are pregnant. ABAWDs will be limited to 3 months of benefits in a fixed 36-month period (beginning October 1, 2014) if they do not meet work requirements.
EFFECTIVE DATE: October 1, 2014
AGENCY CONTACT PERSON: Patricia Dushuttle, Special Projects Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-6907. TTY: 711 (Maine Relay). Patricia.Dushuttle@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .
AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 16, Low-Income Housing Tax Credit Rule
ADOPTED RULE NUMBER: 2014-231
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 2015 State ceiling and the 2016 State ceiling of federal low income housing tax credits.
EFFECTIVE DATE: October 3, 2014
AGENCY CONTACT PERSON: Jodie Stevens, Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600. TTY: 711 (Maine Relay). E-mail: jstevens@mainehousing.org .
WEBSITE: http://www.mainehousing.org/ .
MSHA RULE-MAKING LIAISON: Linda Uhl - luhl@mainehousing.org .
AGENCY: 01-672 - Department of Agriculture, Conservation and Forestry, Land Use Planning Commission (LUPC)
ADOPTED RULE NUMBER: 2014-232
NOTICE OF FILING: Pursuant to 12 M.R.S. §§ 685-A (7-A) and 689, the Maine Land Use Planning Commission hereby gives notice of its approval of certain amendments to official Land Use Guidance Maps and that these changes have been placed on file with the appropriate County Registry of Deeds:
ZONING PETITION: ZP 748
PETITIONER OR COPETITIONER: Land Use Planning Commission
LOCATION: Kingsbury Plt. - Piscataquis County
AGENCY CONTACT PERSON: Ellen L. Jackson, Land Use Planning Commission, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-2631. E-mail: Ellen.Jackson@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/lupc/plans_maps_data/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .
AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01(G), Upland Game and Furbearing Animals (1.a - Beaver Season Dates), (1.b - Open and Closed Areas for Beaver Trapping) (2-B - Early Muskrat Trapping Season; 4.03(A-2), Muzzleloading Season; 4.05(D), Moose hunting restrictions
ADOPTED RULE NUMBER: 2014-233
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted amendments to the season dates and open and closed areas for beaver trapping. Season dates are as follows:
1. Beaver Trapping
1.a.)
Wildlife Management Districts 1, 2, 4, 5: October 19 - April 30
Wildlife Management Districts 3, 6, 8, 9, 10, 11: November 2 - April 30
Wildlife Management Districts 18, 19, 28: November 2 - April 15
Wildlife Management Districts 7, 12, 13, 14, 17, 27: November 2 - March 31
Wildlife Management Districts 15, 16, 20, 21, 22, 23, 24, 25, 26, 29: December 1 - March 31
The Department has also adopted three housekeeping matters in Ch. 4: to correct the WMDs open during the early Muskrat trapping season; remove an obsolete WMD from the muzzleloading season; and add crossbows to the hunter orange requirement when moose hunting.
A complete copy of the open and closed areas for beaver trapping and other rule amendments is available from the agency rule-making contact person.
EFFECTIVE DATE: October 4, 2014
AGENCY CONTACT PERSON / 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 .
WEBSITE: http://www.maine.gov/ifw/ .
Credits
Copyright © 2015
All rights reserved.