December 3, 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 - Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #01-15
PROPOSED RULE NUMBER: 2014-P264
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: December 18, 2014, Thursday, starting at 10:30 a.m., Room 319, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: December 18, 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: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, Rule #185A - Full Standard Utility Allowance Based on the Receipt of Energy Assistance, Annual SUA, COLA and Resources:
FS-000-1, Basis of Issuance;
FS-333-1, p. 1 and 2, Asset Eligibility Standards;
FS-444-8, p. 1, 1a, 2, 3, 3a, and 4, Households with Special Circumstances;
FS-555-5, p. 1, 2, 3, 4, 5, 6, 6a, 7, 8, 9, 10, and 11, Income and Deductions, Deductions;
FS-555-6 p. 1, 2, and 3, Income and Deductions, Calculating Eligibility and Monthly Benefit
ADOPTED RULE NUMBER: 2014-273
CONCISE SUMMARY: This rule makes permanent emergency Rule # 185E, “Full Standard Utility Allowance Based on the Receipt of Energy Assistance”, which implemented the provisions associated with the Agricultural Act of 2014 as of August 29, 2014. The Supplemental Nutrition Assistance Program (SNAP) was recently reauthorized as part of The Agricultural Act (the Act) of 2014 (P.L.113-79) enacted on February 7, 2014. The law contains various provisions that affect Food Supplement eligibility, benefits, and program administration.
The federal provision requires that households receive a payment greater than $20 annually in Low Income Heating Assistance Program (LIHEAP) benefits or in other similar energy assistance benefits in the current month or in the immediately preceding 12 months in order to automatically qualify for the Full Standard Utility Allowance (FSUA) based on receipt of LIHEAP.
Additionally, the United States Department of Agriculture (USDA), Food and Nutrition Services (FNS) has issued the following mandated changes:
1. Annual COLA updates for Food Supplement income allowances, maximum / minimum allowances and deductions, effective retroactively as of October 1, 2014;
2. Approved SUA values for the Full Standard Utility, Non-heat Standard, and Phone Utility Allowances for FY 2015, effective retroactively as of October 1, 2014;
3. Resource limit increase for households from $2,000 to $2,250, effective retroactively as of October 1, 2014.
EFFECTIVE DATE: December 1, 2014
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 .
FOOD SUPPLEMENT WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html .
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 #12-14
ADOPTED RULE NUMBER: 2014-274 (Emergency)
CONCISE SUMMARY: Minimum December 2014 Class I price is $25.78/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 $29.14/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 30, 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 .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .


AGENCY: 16-633 Department of Public Safety (DPS), Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 27 (New), Rules of Practice and Procedure of Gaming Conduct
ADOPTED RULE NUMBER: 2014-275
CONCISE SUMMARY: This rule establishes procedures for the investigation and resolution of complaints received by the Gambling Control Board. Complaints must be submitted in writing and the Department of Public Safety may initiate a complaint. Complaints will be investigated by the Department or its designee. The Director must review all complaints. The Director may take any action authorized by statute. If the Director determines that a notice of violation and proposed sanction should be sent to the licensee, the licensee will have the opportunity to request a hearing. Hearings will be conducted in accordance with the provisions of the Administrative Procedure Act.
DETAILED BASIS STATEMENT / SUMMARY: The Board is implementing this rule to better explain the complaint process established in the Gambling Control Board statute. This statute provides for investigations, notice, and further action, but leaves other steps in the process to the discretion of the agency.
The statute sets up a process for a "notice of violation and proposed sanction" and for a "notice of complaint and request for hearing." The rule aims to provide further information regarding when, in the Board's view, each course of action should be followed. The Board did not repeat language in this rule that is already stated in statute, but did try to incorporate references to applicable statutory sections where it would be helpful.
EFFECTIVE DATE: November 30, 2014
AGENCY CONTACT PERSON: Patrick Fleming, Gambling Control Board, 45 Commerce Drive - Suite 3, Augusta, ME 04333. Telephone: (207) 626-3900. E-mail: Patrick.J.Fleming@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/dps/GambBoard/ .
RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .


AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 960, Hurricane Deductibles
ADOPTED RULE NUMBER: 2014-276
CONCISE SUMMARY: The purpose of the rule is to adopt uniform policy standards for hurricane deductibles and for the form of notice concerning these deductibles that property and casualty insurers must give to named insureds.
EFFECTIVE DATE: April 1, 2015
AGENCY CONTACT PERSON: Benjamin Yardley, Esq., Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8537. E-mail: Benjamin.Yardley@Maine.gov .
BUREAU WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .