June 3, 2015

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.

CORRECTION

AGENCY: 18-553 – DAFS, Bureau of Alcoholic Beverages and Lottery Operations (BABLO)
PROPOSED RULE NUMBER: 2015-P061
This proposal regarding Ch. 160, Definition of Brand, was advertised in the May 27 newspaper and noted an incorrect hearing date. The actual hearing will be held on Friday, June 19, 2015 at the Augusta Armory, 10 a.m. through 1 p.m. All other details in the ad are correct. For further information, call Timothy Poulin at (207) 287-6750, e-mail Tim.Poulin@Maine.gov .

PROPOSALS

AGENCY: 01-670 - Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands - Off Road Recreational Vehicle Office
CHAPTER NUMBER AND TITLE: Ch. 9, Rules for Snowmobile Capital Equipment Grant-in-Aid Program
PROPOSED RULE NUMBER: 2015-P073
BRIEF SUMMARY: Title 12, MRS, Ch. 220,  §1893-3 authorizes the Bureau’s Off Road Recreational Vehicle Office to make grants-in-aid to political subdivisions. The purpose these changes to the Capital Equipment Grant-in-Aid rule are to correct inconsistent/conflicting language, correct grammatical errors and incorporate language to implement a grant scoring system to prioritize grant requests based on needs of the snowmobile club. The Snowmobile Advisory Council voted unanimously to submit proposed rule changes to implement a scoring system in order to prioritize grant applications.
FURTHER DETAILS: A copy of the proposed rule may be obtained by contacting the ORV Office at (207) 287-5574 or e-mail Lana.LaPlant-Ellis@Maine.gov or by logging onto the website at http://www.maine.gov/dacf/parks/trail_activities/snowmobiling/snowmobile_news.shtml or http://www.maine.gov/dacf/index.shtml under NEWS.
PUBLIC HEARING: June 23, 2015, Bolton Hill Facility (second floor conference room), Conservation Drive, Augusta starting at 10:00 a.m.
COMMENT DEADLINE: July 6th, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Lana LaPlant-Ellis Telephone: (207) 287-5574. E-mail: Lana.LaPlant-Ellis@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: Title 5 ch. 375 sub-ch. II-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BUREAU WEBSITE: http://www.maine.gov/dacf/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 01-670 - Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands - Off Road Recreational Vehicle Office
CHAPTER NUMBER AND TITLE: Ch. 10 (New), Rules for Snowmobile Disaster Relief Grant-in-Aid Program
PROPOSED RULE NUMBER: 2015-P074
BRIEF SUMMARY: Title 12, MRS, Ch. 220,  §1893-3 authorizes the Bureau’s Off Road Recreational Vehicle Office to make grants-in-aid to political subdivisions. The purpose of this rule is to establish the Bureau’s Snowmobile Disaster Relief Grants-in-Aid Program, identify the process for qualified snowmobile clubs or political subdivisions to use to apply for Disaster Relief Grants, and to define the terms and conditions of the Grants.
FURTHER DETAILS: A copy of the proposed rule may be obtained by contacting the ORV Office at (207) 287-5574 or e-mail Lana.LaPlant-Ellis@Maine.gov or by logging onto the website at http://www.maine.gov/dacf/parks/trail_activities/snowmobiling/snowmobile_news.shtml or http://www.maine.gov/dacf/index.shtml under NEWS.
PUBLIC HEARING: June 23, 2015, Bolton Hill Facility (second floor conference room), Conservation Drive, Augusta starting at 10:00 a.m.
COMMENT DEADLINE: July 6th, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Lana LaPlant-Ellis. Telephone: (207) 287-5574. E-mail: Lana.LaPlant-Ellis@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: Title 12 ch. 220  §1893-3
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BUREAU WEBSITE: http://www.maine.gov/dacf/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 02-385 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Manufactured Housing Board
CHAPTER NUMBERS AND TITLES:
Ch. 820, Definitions (amended)
Ch. 830, Licensure of Manufactured Housing Communities (amended)
Ch. 840, Rules Relating to Drinking Water Systems of Manufactured Housing Communities (new)
Ch. 850, Community Licensing - Standards (amended)
Ch. 860, Inspections and Complaints (amended)
PROPOSED RULE NUMBERS: 2015-P075 thru P079
BRIEF SUMMARY: The Manufactured Housing Board (“Board”) proposes a new rule chapter on drinking water systems (Ch. 840) and amendments to existing rule chapters (Ch. 820, 830, 850, and 860).
Proposed new rule Ch. 840 clarifies and elaborates on the rules regulating drinking water systems. The rule first distinguishes between Community and Private Water Systems. Community Water Systems are regulated by the Maine Drinking Water Program of the Division of Environmental Health (“Division”) within the Maine Center for Disease Control and Prevention, Department of Health and Human Services, whereas Private Water Systems are regulated by the Board. The rule then sets forth the drinking water requirements for new and existing Private Water Systems regulated by the Board, with the Division acting as a technical advisor. Currently, the rules regulating Private Water Systems are located in Appendix A of Ch. 850.
Proposed rule amendments to existing rule chapters include: allowing the use of two-story modular homes in communities as long as the homes do not exceed 16 feet in width measured at any floor; adding the requirement of an email address on applications; clarifying the requirement of a license fee for a change of ownership; removing a grandfather provision on the number of sites in a community; updating a reference to the National Electric Code; and making other minor revisions and updates.
A more detailed description and the text of the proposed rules may be obtained from www.maine.gov/professionallicensing.
PUBLIC HEARING: June 26, 2015 at 9:30 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: July 6, 2015 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Robert V. LeClair, Executive Director, Manufactured Housing Board, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8678. E-mail: Robert.V.LeClair@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS  § § 9005-A, 9084, 9085, 9086; 5 MRS  §9001
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/manufactured_housing/index.html .
OPOR RULE-MAKING LIAISON: Holly.Doherty@Maine.gov .


AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #07-15
PROPOSED RULE NUMBER: 2015-P080
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: June 18, 2015, Thursday, starting at 10:30 a.m., Room 319, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: June 18, 2015
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, 7 MRSA  §2954


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 301, Maine Food Supplement Certification Manual, Rule #190P – Overpayment Compromise (FS-777-3 pages 1-5
PROPOSED RULE NUMBER: 2015-P081
CONCISE SUMMARY: Federal regulation 7 CFR. 273.18, "Claims against households", with regard to notification of an overpayment, states that "the initial demand letter or notice of adverse action must include language stating…that the State agency may reduce any part of the claim if the agency believes that the household is not able to repay the claim."
The purpose of this rule change is to establish a process by which a Food Supplement receipient with an agency-error overpayment may request a compromise for the overpayment.
PUBLIC HEARING: No hearing is scheduled.
DEADLINE FOR COMMENTS: July 3, 2015
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 .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
STATUTORY AUTHORITY: 22 MRS  § § 42(1), 3104, 7 CFR 273.18
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html .
DHHS RULE-MAKING LIAISON: Kevin.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.2-A,J,K), Furbearer Trapping Rules
PROPOSED RULE NUMBER: 2015-P082
BRIEF SUMMARY: The Department is proposing to amend current rules as they pertain to the size, location and placement of traps in an effort to minimize the unintentional take of Canada lynx through regulated trapping. Recommended changes will address four methods of trapping: the use of killer-type traps; the use of foothold traps; the use of “Hancock” style beaver traps, and rat snap traps.
A detailed copy of the proposed rule is available from the Agency Contact Person listed below.
PUBLIC HEARINGS:
Portland: June 23, 2015 at 6:30 p.m. – Holiday Inn by the Bay, Connecticut Room, Main Level, 88 Spring Street
Bangor: June 25, 2015 at 6:30 p.m. – Hilton Garden Inn, Ballroom C, 250 Haskell Road
COMMENT DEADLINE: July 6, 2015
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. Telephone: 287-5202. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA  §10104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: http://www.maine.gov/ifw/ .

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 #06-15
ADOPTED RULE NUMBER: 2015-102 (Emergency)
CONCISE SUMMARY: Minimum June 2015 Class I price is $19.39/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.86/cwt. handling fee for a total of $24.33/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/index.shtml .
EFFECTIVE DATE: May 31, 2015
AGENCY CONTACT PERSON / 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 .


AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 915, Annuity Disclosure
ADOPTED RULE NUMBER: 2015-103
CONCISE SUMMARY: The amendments update the current rule to incorporate current National Association of Insurance Commissioners (NAIC) Model Regulation requirements relating to annuity illustrations and recordkeeping relating to annuity disclosures. They also repeal the required use of an outdated NAIC Annuity Buyer’s Guide in favor of current versions.
EFFECTIVE DATE: May 31, 2015
AGENCY CONTACT PERSON: Kristina Balbo, Esq., Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8429. E-mail: Kristina.M.Balbo@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 94-293 - Baxter State Park Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Baxter State Park Rules and Regulations: Section 5, Vehicles and Transportation: 5.5, Motorized Trail Bikes and ATV’s; 5.6, Aircraft
ADOPTED RULE NUMBER: 2015-104
CONCISE SUMMARY:
Rule 5.5: This change is necessary to increase recreational opportunities for Baxter State Park visitors without increasing impacts on natural resources;
Rule 5.6: This change is necessary in order to adequately protect the natural resources and visitor experience
in Baxter State Park.
EFFECTIVE DATE: June 1, 2015
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Ada Angotti, Baxter State Park, 64 Balsam Drive, Millinocket, ME 04462. Telephone: (207) 723-9500. E-mail: Ada.Angotti@Maine.gov .
WEBSITE: http://www.baxterstateparkauthority.com/index.htm .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Maine Care Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 5, Ambulance Services
ADOPTED RULE NUMBER: 2015-105
CONCISE SUMMARY: This rule is being adopted in order to comply with PL 2013 ch. 441,  §1, An Act to Sustain Emergency Medical Services throughout the State, codified at 22 MRSA  §3174-JJ, which requires that MaineCare change reimbursement rates for Medicare reimbursable ambulance codes to 65% of Medicare rates beginning March 1, 2015. Additionally, the rule is being adopted to remove references to outdated telephone numbers and to provide updated instructions for out-of-state providers to request prior authorization through the MaineCare portal. Finally, Ch. III of the rule adoption deletes a clarifying sentence contained in the fee schedule that does not appear in the HCPCS manual.
Following public hearing and further review by the Department, the Department made additional non-substantive changes to the rule proposal, including: (1) replacement of the outdated terms "Intermediate Care Facility for People with Mental Retardation" and "ICF-MR" with the terms "Intermediate Care Facility for Individuals with Intellectual Disabilities" and "ICF-IID"; (2) clarification of the prior authorization requirements in Ch. II Sections 5.05-1 and 5.08-2 to be consistent with changes in the rule proposal about the MaineCare portal; (3) removal of the provisions in Ch. III Section 5.05 which address MaineCare's billing system to align with the reimbursement changes set forth in P.L. 2013, ch. 441,  § 1 and 22 MRSA  §3174-JJ; and (4) correction of a clerical error in the fee schedule in Ch. III, Section 5.06 to properly reflect that the fixed fee of $285.00 for HCPCS code A0428 is associated with ambulance services associated with an involuntary admission to a psychiatric facility. A detailed list of all changes made between the rule proposal and the rule adoption can be found in the Summary of Comments.
If the Centers for Medicare and Medicaid Services (CMS) approves the Department's State Plan Amendment, and pursuant to 22 MRSA  §42(8), changes to the reimbursement rates under Section 5 will be effective retroactive to March 1, 2015.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: June 3, 2015
AGENCY CONTACT PERSON: Samuel Senft, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station Augusta, Maine 04333-0011. Telephone: (207) 624-4053. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Sam.Senft@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .