April 27, 2016

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: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, Rule #281P - Premium Increase for Special Benefits Waiver Program: Chart 3.10, Premiums for Special Benefits Waiver
PROPOSED RULE NUMBER: 2016-P046
CONCISE SUMMARY: The proposed increase of monthly premiums, required under certain circumstances for enrollment in the Special Benefits Waiver program, is necessary to comply with the Waiver agreement (Maine Section 1115 Health Care Reform Demonstration for Individuals with HIV/AIDS, Part V, Paragraph 21) between DHHS and CMS.
THIS RULE WILL NOT HAVE AN EFFECT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSESS.
THIS RULE NOT HAVE A FISCAL IMPACT ONMUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRS  § § 42, 3173; 42 USC  §1396a et seq.
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: May 27, 2016
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: (800) 606-0215. E-mail: Reinhold.Bansmer@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 65-625 - Maine Public Utilities Commission (PUC), Emergency Services Communications Bureau
CHAPTER NUMBER AND TITLE: Ch. 5 (New), Standards for the Implementation and Administration of Emergency Fire Dispatch Protocols
PROPOSED RULE NUMBER: 2016-P047
BRIEF SUMMARY: Pursuant to PL 2015 ch. 230, the Public Utilities Commission initiates a rule-making to adopt a new rule, Ch. 5 of the Emergency Services Communications Bureau's Rules (65-625 CMR ch. 5), that adopts and implements standardized protocols for 9-1-1 fire dispatch.
PUBLIC HEARING: May 17, 2016 at 1:00 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: Written comments on the proposed rule may be filed using the Commission’s case management system no later than 4:00 p.m., Friday, June 3, 2016. All comments will appear in the Commission’s case management system which is accessible from our website. Please refer to the Docket Number of this proceeding, Docket No. 2016-00063 when submitting comments.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / PUC RULE-MAKING LIAISON: Jamie Waterbury, PUC, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1360. E-mail: Jamie.Waterbury@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact
STATUTORY AUTHORITY FOR THIS RULE: 25-A MRS  §2927(3-C); PL 2015 ch 230
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BUREAU WEBSITE: http://www.maine911.com/index.shtml . 

ADOPTIONS

AGENCY: 14-197 – Department of Health and Human Services (DHHS), Office of Aging and Disability Services (OADS)
CHAPTER NUMBER AND TITLE: Ch. 5, Regulations Governing Behavioral Support, Modification and Management for People with Intellectual Disabilities or Autism in Maine
ADOPTED RULE NUMBER: 2016-070
CONCISE SUMMARY: Services provided to persons with intellectual disability or autism experiencing challenging behaviors should be based on positive support strategies and thus minimize unplanned, informal and inconsistent interventions. These rules are amended to update the current rule and thus better ensure that behavior management, modification and interventions to deal with challenging behavior are designed and implemented in a manner that promotes the important goals of protecting the rights of persons with intellectual disabilities or autism, as well as respect, independence, normalization and inclusion.
EFFECTIVE DATE: April 25, 2016
AGENCY CONTACT PERSON: Lynne Caswell, Office of Aging and Disability Services, 41 Anthony Avenue, 11 State House Station, Augusta, ME 04333-0111. Telephone: (207) 287-9200. E-mail: Lynne.Caswell@Maine.gov .
OADS WEBSITE: http://www.maine.gov/dhhs/oads/index.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #05-16
ADOPTED RULE NUMBER: 2016-071 (Emergency)
CONCISE SUMMARY: Minimum May 2016 Class I price is $16.95/cwt. plus $1.45/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $4.19/cwt. handling fee for a total of $24.32/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 1, 2016
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 .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .