June 8, 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: 02 - Department of Professional and Financial Regulation (PFR)
CHAPTER TITLE: Alternative Mortgage Transactions (a joint rule by 02-029 - Bureau of Financial Institutions (BFI) and 02-030 - Bureau of Consumer Credit Protection (BCCP))
CHAPTER NUMBERS: Ch. 119 (Regulation 19, BFI); Ch. 250 (Rule 250, BCCP)
PROPOSED RULE NUMBERS: 2016-P067, P068
BRIEF SUMMARY: The purpose of this rule-making is to substantially align the Bureau of Financial Institutions and the Bureau of Consumer Credit Protection’s Alternative Mortgage Transactions Joint Rule 19/250 with the federal Consumer Financial Protection Bureau’s Alternative Mortgage Transaction Parity regulation known as Regulation D. The proposed rule will continue to authorize creditors and financial institutions to make first-lien mortgage loans with adjustable rates and finance charges. The proposed rule limits how adjustments to interest rates and finances charges may be made, prevents an increase or decrease in the interest rate of a balloon mortgage at renewal unless the lender makes a written commitment to renew the loan, and prohibits prepayment penalties on alternative mortgage loans.
DETAILED SUMMARY: The purpose of this rule-making is to substantially align the Bureau of Financial Institutions and the Bureau of Consumer Credit Protection’s (“the Bureaus”) Alternative Mortgage Transactions Joint Rule 19/250 with the federal Consumer Financial Protection Bureau’s Alternative Mortgage Transaction Parity regulation known as Regulation D (“Reg. D”). The proposed rule will continue to authorize creditors and financial institutions to make first-lien mortgage loans with adjustable rates and finance charges. The rule will require lenders to use either an index to which changes in the interest rate are tied that is readily available to the borrower and beyond the control of the lender, or a formula or schedule identifying the amount the interest rate or finance charge may increase and the time at which a change may be made. The proposed rule prevents an increase or decrease in the interest rate of a balloon mortgage at renewal unless the lender makes a written commitment to renew the loan. The proposed rule also prohibits prepayment penalties on alternative mortgage loans.
The federal Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 authorized the creation of the federal Consumer Financial Protection Bureau (“CFPB”). Since its inception, the CFPB has issued alternative mortgage transaction regulations (Reg. D, 12 CFR 1004.1 -1004.4) and has made changes to Truth-in-Lending Act (“TILA”) regulations. New federal consumer protections found in TILA and TILA regulations have been incorporated into Maine law in Article 8-A of the Consumer Credit Code and include ability-to-repay requirements, qualified mortgage incentives, high cost mortgage protections, and the new TILA-RESPA integrated disclosure requirements for mortgage loans. TILA regulations and Reg. D combine to provide protection for consumers choosing alternative mortgage loan products. Given these new regulations, the Bureaus expect that by substantially aligning with Reg. D, it will ease compliance burdens while continuing to offer protection for Maine consumers.
The proposed rule may be found on the Bureau of Financial Institution’s website: http://www.maine.gov/pfr/financialinstitutions/proposedrules.htm .
The proposed rule may be found on the Bureau of Consumer Credit Protection’s website: www.Credit.Maine.gov .
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: July 8, 2016
CONTACT PERSON FOR THIS FILING / BFI RULE-MAKING LIAISON: David Gordon Laurendeau, Attorney, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036. Telephone: (207) 624-8574. Fax: (207) 624-8590. E-mail: David.G.Laurendeau@Maine.gov . BCCP RULE-MAKING LIAISON: Kristine.M.Fournier@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: No expected impact on small business.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No expected financial impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE:
A. 9-A MRS  1-102(2);
B. 9-A MRS  1-110;
C. 9-A MRS  6-104(1) (E);
D. 9-A MRS  8-504;
E. 9-A MRS  8-507(1);
F. 9-A MRS  8-508;
G. 9-A MRS  9-302;
H. 9-B MRS  111;
I. 9-B MRS  215; and
J. 9-B MRS  241(3).
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITES:
http://www.maine.gov/pfr/financialinstitutions/index.shtml .
http://www.maine.gov/pfr/consumercredit/index.shtml .

AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 424, Lead Management Regulations
PROPOSED RULE NUMBER: 2016-P069
BRIEF SUMMARY: The Department is proposing to repeal and replace its existing Ch. 424 Lead Management Regulations and harmonize this rule with EPA/HUD requirements for lead abatement professionals. Proposed changes include updating and reorganizing abatement work practices and updating the inspection protocol by adding an Appendix on conducting lead inspections and removing from the regulation the incorporation by reference to Ch. 7 “HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing”, 1997 Revision. There are also additional changes proposed to further simplify and clarify the rule.
Copies of these rules are available upon request by contacting the agency contact person or on the DEP website at http://www.maine.gov/dep/rules/. Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: no hearing is scheduled.
COMMENT DEADLINE: July 8, 2016 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: James Tansey, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04330-0017. Telephone: (207) 446-1611. Fax: (207) 287-7722. E-mail: Jamie.Tansey@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated from this proposal.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS  1291 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
AGENCY WEBSITE: http://www.maine.gov/dep/rules/ .
DEP RULE-MAKING LIAISON: Jeff.S.Crawford@Maine.gov .

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. II Section 55, Laboratory Services
PROPOSED RULE NUMBER: 2016-P070
CONCISE SUMMARY: This rule is being proposed in order to limit and align urine drug testing to current industry standards. The Department proposes the following:
* Drug testing must be supported by documentation in the medical record.
* The frequency and choice of assay used should be based on an assessment of the individual member’s risk potential.
* Separate payment for testing of adulterants or specimen validity is not reimbursable.
* Confirmation testing is covered only to confirm an unexpected result.
* Urine drug testing is limited to two (2) specimens per rolling month. Additional test(s) may be requested with a Prior Authorization.
* Substance abuse treatment is to be measured by random testing rather than scheduled testing.
* Routine urine drug screening should focus on detecting specific drugs of concern.
* A presumptive test may be followed by a definitive test to specifically identify drugs or metabolites. Confirmation tests must be performed by a second method. A presumptive test to confirm a presumptive test is not reimbursable.
* Standing orders for presumptive testing must be signed and dated no more than sixty (60) days prior to the date of specimen collection. Standing orders for conformation and/or quantitative testing is prohibited.
* The Department clarifies what is considered not medically necessary.
The Department also proposes adding language for Prior Authorization to the Definitions.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: June 28, 2016, 9:00 a.m., Room 110, 19 Union Street, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before June 21, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on July 8, 2016.
AGENCY CONTACT PERSON: Cari Bernier, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4031. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Cari.Bernier@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS    42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Plan
ADOPTED RULE NUMBER: 2016-099
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The amendments to the rule incorporate a statutory change enacted by PL 2013 c. 602; specifically, the ability for participating local districts to elect to amend the retirement plan by which they cover their emergency medical services employees.
EFFECTIVE DATE: June 5, 2016
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Kathy J. Morin, Maine Public Employees Retirement System, P.O. Box 349, Augusta, ME 04332. Telephone: (207) 512-3108. E-mail: Kathy.Morin@MainePERS.org .
WEBSITE: www.MainePERS.org .

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 611, Maine College Savings Program
ADOPTED RULE NUMBER: 2016-100
CONCISE SUMMARY: The amendments conform the rule to the following recent changes to federal law affecting Section 529 qualified tuition programs which are already in effect: (a) computers and related equipment, software and Internet access, as defined in the Internal Revenue Code, are considered qualified higher education expenses under certain circumstances (without the previous requirement that they be “required”); (b) timely recontributions of payments of qualified higher education expenses received as refunds are allowed without tax consequences or other penalty under certain circumstances; and (c) certain account aggregation rules no longer apply. The maximum contribution limit formula is also modified, but is not expected to affect the limit, which has generally been lower than the formula would allow.
EFFECTIVE DATE: June 5, 2016
AGENCY CONTACT PERSON: Katryn Gabrielson, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 620-3515. E-mail: KGabrielson@FameMaine.com .
WEBSITE: www.famemaine.com .
FAME RULE-MAKING LIAISON: CRoney@FameMaine.com .