November 5, 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 #12-14
PROPOSED RULE NUMBER: 2014-P248
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: November 20, 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: November 20, 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

ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 355, Coastal Sand Dune Rules
ADOPTED RULE NUMBER: 2014-261
CONCISE SUMMARY: The existing rule has been amended to modify the provisions for reconstruction of an existing structure in a frontal dune if the dune is protected by a seawall and other conditions are met, in accordance with the direction of PL 2013 ch. 277. The standard conditions of approval regarding the length of time a permit is valid are also amended in accordance with the direction of Resolves 2011 ch. 46.
EFFECTIVE DATE: October 26, 2014
AGENCY CONTACT PERSON: Mike Mullen, Maine Department of Environmental Protection, 17 State House Station, Augusta, Me 04330-0017. Telephone: (207) 446-1611. E-mail: Mike.Mullen@Maine.gov .
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 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 (New)
ADOPTED RULE NUMBER: 2014-264
CONCISE SUMMARY: The adopted rule creates 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 Brain Injury (BI). This new MaineCare program, provided to eligible members through a Home and Community Based Waiver approved by the Centers for Medicare and Medicaid Services, provides supports necessary to assist individuals with BI 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”) details the program requirements and services offered under the waiver. Those services include: Assistive Technology Devices and Services, Care Coordination Services, 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 Services-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. This change is not expected to have an adverse effect on the administrative burdens of small businesses.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: November 1, 2014
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Children’s and Waiver Services Program Manager, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4048. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Ginger.Roberts-Scott@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 01-015 Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #11-14
ADOPTED RULE NUMBER: 2014-265 (Emergency)
CONCISE SUMMARY: Minimum November 2014 Class I price is $27.31/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 $30.67/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: November 2, 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 .