July 8, 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.

PROPOSALS

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03 (I.8), Deer Hunting - Open and Closed Season (Islesboro)
PROPOSED RULE NUMBER: 2015-P125
BRIEF SUMMARY: In accordance with Title 12  §11402 sub- §4, the Commissioner of Inland Fisheries and Wildlife in conjunction with the Town of Islesboro in Waldo County is proposing to extend the current special hunt in Islesboro for an additional 3 year period. The season would occur during a specified period from the first Monday following the end of the expanded archery season, to the last day of February annually, for a period of three years with the goal of reducing the deer population in the Town of Islesboro. Only licensed hunters qualifying under the Town of Islesboro’s Deer Reduction Plan may participate. Deer taken during this special hunt are in addition to the statewide bag limit. All other laws and rules relating to deer hunting shall apply. The permit from the Department to the Town of Islesboro will authorize restrictions to be placed on the length of the special hunt, types of weapons, bag limits and any other special conditions deemed necessary.
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: August 7, 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: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA  §11402
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: http://www.maine.gov/ifw/ .

ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 129, Surface Coating Facilities
ADOPTED RULE NUMBER: 2015-120
CONCISE SUMMARY: The Department’s adoption, based upon USEPA Control Technique Guidelines, expands the types of coating operations regulated by Ch. 129 to include miscellaneous plastic parts and products. The amendments provide for five major surface coating categories with numerous subcategories in each to further identify which coatings are subject to a specific emission limit. The emission limits are achieved by using low-VOC coatings and add-on controls either alone or in combination.
EFFECTIVE DATE: July 7, 2015
AGENCY CONTACT PERSON: Tom Graham, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 94-649 - Maine Commission on Indigent Legal Services (MCILS)
CHAPTER NUMBER AND TITLE: Ch. 301, Fee Schedule and Administrative Procedures for Payment of Commission Assigned Counsel
ADOPTED RULE NUMBER: 2015-121 (Emergency adoption, major substantive)
CONCISE SUMMARY: This rule amends the MCILS fee schedule and administrative procedures for payment of Commission assigned counsel to set the hourly rate paid to attorneys providing indigent legal services at $60.00/hr. for fiscal year 2015-2016 and for fiscal year 2016-2017.
EFFECTIVE DATE: July 1, 2015
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: John D. Pelletier, Esq., Executive Director, Maine Commission on Indigent Legal Services, 154 State House Station, Augusta, ME 04333. Telephone: (207) 287-3254. E-mail: John.Pelletier@Maine.gov .
WEBSITE: http://www.maine.gov/mcils/ .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services, Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2015-122
CONCISE SUMMARY: The adoption of this rule increases the time span to fourteen (14) days for hospital readmissions that are not reimbursed, excluding conditions with complications or co-morbidity, and, if CMS approves, excludes readmissions for behavioral health conditions, including substance abuse. Additionally, if CMS approves, due to comments received, the Department will not adopt the proposed change of “the same primary diagnosis” in the definition of “discharge”, so that the rule will continue to use “a diagnosis within the same DRG”. The final rule also reduces the supplemental pool for non-critical access hospitals and hospitals reclassified to a wage area outside Maine and rehabilitation hospitals from $65,321,301 to $64,769,417.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: July 7, 2015
AGENCY CONTACT PERSON: Ann O’Brien, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4045. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Ann.O’Brien@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 102, Electronic Funds Transfer (EFT)
ADOPTED RULE NUMBER: 2015-123
CONCISE SUMMARY: MRS has amended Rule 102 (“Electronic Funds Transfer (EFT)”). The rule describes the requirements for tax and other payments by electronic funds transfer. Along with miscellaneous technical changes, MRS amended the rule by adding a definition of “combined tax liability during the lookback period”. Obsolete references to mandates effective in previous years and the section relating to voluntary EFT payments were removed as these sections are no longer necessary for the administration of the rule. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html.
EFFECTIVE DATE: July 11, 2015
AGENCY CONTACT PERSON: Dennis Doiron, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8483. E-mail: Dennis.M.Doiron@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .