September 9, 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: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 180, Insurance Holding Company Systems Model Rule with Forms and Instructions
PROPOSED RULE NUMBER: 2015-P151
BRIEF SUMMARY: This proposal updates the current rule in light of 2013 PL ch. 238. The changes track the National Association of Insurance Commissioners Model Rule and are necessary to allow the Maine Bureau of Insurance to maintain national accreditation.
PUBLIC HEARING: 9:00 a.m. September 29, 2015, Kennebec Room, ME Department of Professional and Financial Regulation Building, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: 4:30 p.m. October 13, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Karma Lombard, Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8424. E-mail: Karma.Y.Lombard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRSA  § § 212 and 222.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 380, Provider Profiling Disclosures
PROPOSED RULE NUMBER: 2015-P152
BRIEF SUMMARY: This proposal would establish requirements relating to the disclosure of data by health carriers to health care providers regarding provider profiling programs and the appeals process as required by 24-A MRSA  §4303-A.
PUBLIC HEARING: 10:00 a.m., September 29, 2015, Kennebec Room, ME Department of Professional & Financial Regulation Building, 76 Northern Avenue, Gardiner, Maine.
COMMENT DEADLINE: 4:30 p.m., Tuesday, October 13, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Karma Lombard, Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8424. E-mail: Karma.Y.Lombard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRSA  § § 212 and 4303-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT:
Ch. 333, Low Cost Drugs for the Elderly and Disabled (DEL): Section 2.1, Assets, & Section 3, Continued Eligibility
Ch. 332, MaineCare Eligibility Manual: Part 2 Section 13, Eligibility Periods / Reviews (Rule #275P, Low Cost Drugs for the Elderly and Disabled (DEL))
PROPOSED RULE NUMBER: 2015-P153, P154
CONCISE SUMMARY: This rule proposes to include a liquid asset test of no more than $50,000 per person or $75,000 per couple in eligibility determinations for the Low Cost Drugs for the Elderly and Disabled program. This is the same asset test used for the Medicare Savings Program (MSP). It also changes the review period from 24 to 12 months and requires members to report financial changes within 10 days.
The reference to DEL having a 24 month eligibility period in the MaineCare Eligibility Manual, Part 2 Section 13: “Eligibility Periods / Reviews”, has been removed.
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: October 9, 2015
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: Maine Relay 711. 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), 254-D.  §3173; PL 2015 ch. 267 Parts TT, UU
WEBSITE: http://www.maine.gov/dhhs/oads/aging/resource/lc_drugs.htm .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual – Adult: Subsection 27.4, Furlough Pass / Furlough Leave Program
PROPOSED RULE NUMBER: 2015-P155
BRIEF SUMMARY: The Maine Department of Corrections is proposing revisions to the existing rule governing the Furlough Pass/Furlough Leave Program pursuant to 34-A MRSA  §3035. The revisions clarify the purpose of a furlough, better aligning the purposes with the reasons stipulated in the statute; change when a prisoner is eligible for a furlough from five years prior to his or her current release date to 18 months prior to his or her current release date; provide that only a prisoner who is eligible for community custody status is eligible for a furlough; clarify the conditions a prisoner must abide by on a furlough, the furlough application process, and monitoring of a prisoner while on furlough.
This rule, Ch. 10 Subsection 27.4, “Furlough Pass / Furlough Leave Program”, will repeal and replace Ch. 10 Subsection 18.6, “Community Rehabilitative Programs Furlough Policy”.
DETAILED BASIS STATEMENT / SUMMARY: The Maine Department of Corrections is proposing repeal of the existing rule, Ch. 10 Subsection 18.6, “Community Rehabilitative Programs Furlough Policy – Classification”, and its replacement with Ch. 10 Subsection 27.4, “Furlough Pass / Furlough Leave Program”.
This rule has not been revised since 1988 and needs to be updated to better reflect the current thinking and national trends related to the rehabilitative purposes of furloughs.
The Maine Department of Corrections is proposing revisions to the existing rule governing the Furlough Pass / Furlough Leave Program pursuant to 34-A MRSA  §3035. The revisions clarify the purpose of a furlough, better aligning the purposes with the reasons stipulated in the statute; change when a prisoner is eligible for a furlough from five years prior to his or her current release date to 18 months prior to his or her current release date; provide that only a prisoner who is eligible for community custody status is eligible for a furlough; clarify the conditions a prisoner must abide by on a furlough, the furlough application process, and monitoring of a prisoner while on furlough.
The proposed rule may be found on the Maine Department of Correction’s website: http://www.maine.gov/corrections/PublicInterest/policies.htm .
PUBLIC HEARING: September 29, 2015 at 10:00 a.m. in the Maine Department of Corrections - Board Room, in the Tyson Building (Third Floor), 25 Tyson Drive, Augusta, ME
COMMENT DEADLINE: October 13, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOC RULE-MAKING LIAISON: Mary Lucia, Department of Corrections, 111 State House Station, Augusta, ME 04333. Telephone: (207) 287-4681. Fax: (207) 287-4370. E-mail: Mary.A.Lucia@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 34-A  §3035
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 106, Low Sulfur Fuel Regulation
PROPOSED RULE NUMBER: 2015-P156
BRIEF SUMMARY: These amendments intend to accomplish three items. The first is to change the focus of Ch. 106 from the use of regulated fuels to the importation, sale or distribution of those fuels. Second the transition date of sulfur content limits in residual oil is moved from January 1, 2018 to July 1, 2018. And third distillate fuels sulfur limits will transition directly to 0.0015% by weight content on July 1, 2018.
The Department plans to submit these amendments as a revision to the State Implementation Plan.
PUBLIC HEARING: The department has determined that a public hearing on the proposed rule is not needed. A public hearing will be held if requested before the end of the comment period.
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5 p.m., October 9, 2015. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATON: Tom Graham, DEP, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 287-7598. Fax: (207) 287-2814. E-mail: Tom.Graham@Maine.gov . Website: www.maine.gov/dep/rules .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THE RULE: 38 MRSA  § § 585, 585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: PL 2015 ch. 66
WEBSITE: www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 104, Filing of Maine Tax Returns
PROPOSED RULE NUMBER: 2015-P157
BRIEF SUMMARY: MRS is proposing to amend Rule 104 ("Filing of Maine Tax Returns"). The rule describes the requirements for filing certain Maine tax returns, including mandatory electronic filing of certain Maine tax returns. Along with miscellaneous technical changes, MRS is proposing to amend the rule by updating the definition of "Maine tax return", and "Tax return preparer" to simplify the language and make it easier to understand. In addition, the proposal adds a section regarding the mandatory participation in electronic filing for real estate transfer taxes. Obsolete references to mandates effective in previous years are also being removed. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html .
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: October 9, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Anthony Gould, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8460. E-mail: Anthony.P.Gould@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS  §112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 325, Maine New Markets Capital Investment Program
ADOPTED RULE NUMBER: 2015-165 (Emergency)
CONCISE SUMMARY: The rule amendment is necessary to protect the program from unintended use. In the course of administering the program, certain kinds of transactions have been eligible for tax credits under the existing rule that do not provide the level of direct public benefit that the Authority believes the program was intended to require, as stated in the legislative findings and intent found in 10 MRSA  §1100-Z(1). The amendment addresses this issue by further defining a qualified low-income community investment, adding a restriction that such an investment does not include a transaction where more than a de minimus amount (5%) is used to refinance expenses already made, to make equity distributions, to acquire existing businesses, or to pay transaction fees.
EFFECTIVE DATE: September 1, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / FAME RULE-MAKING LIAISON: Christopher H. Roney, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 620-3520. E-mail: croney@famemaine.com .
WEBSITE: http://www.famemaine.com/ .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 258, Rules for the Control of Notifiable Diseases and Conditions
ADOPTED RULE NUMBER: 2015-166
CONCISE SUMMARY: The Department has updated the Rules for the Control of Notifiable Diseases and Conditions to better align with new and emerging diseases and more efficient methods of reporting being adopted nationally. The adopted rules add requirements for electronic laboratory reporting of notifiable diseases and the reporting of data from emergency departments throughout Maine.
The Department has updated the notifiable diseases and conditions list to better reflect diseases that are most important to prevent and control to protect public health in Maine. The updated rules authorize the director of the Maine CDC to advise through Health Alerts the public health need for the temporary reporting of any disease or condition as if listed on the Notifiable Disease list.
The adopted rules update the definition and reporting requirements of non-compliant persons and public health threats. The adopted rules clarify several other definitions used in the rule and clarify the reporting requirements for disease reporting.
These rule changes are not anticipated to have any adverse impact on small businesses or impose additional costs on municipalities or counties.
EFFECTIVE DATE: September 8, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Stephen Combes, MS, MPH, Maine DHHS, Maine Center for Disease Control and Prevention, 286 Water Street - 8th Floor, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-2770. E-mail: Stephen.Combes@Maine.gov .
WEBSITE: http://www.maine.gov/sos/cec/rules/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .