July 6, 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: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #08-16
PROPOSED RULE NUMBER: 2016-P085
BRIEF 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 MRS  2954
PUBLIC HEARING: July 21, 2016, Thursday, starting at 10:30 a.m., Room 332, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: July 21, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / 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 .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS  8054; 7 MRS  2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations; Ch. 1-A, State Heritage Fish Waters
PROPOSED RULE NUMBER: 2016-P086, P087
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. These regulations are needed to provide for the effective conservation of Maine’s inland fisheries, and enhance fishing opportunities throughout the State. Some of these changes have occurred due to simplification and reformatting of the entire fishing law book. All of the proposals may be discussed at any of the 5 public hearings listed above. The list of proposals may be obtained from the Agency Contact Person or online at: http://www.maine.gov/ifw . Anyone unable to attend a public hearing may submit written comments on any of the proposals. The proposals, if adopted, will become effective January 1, 2017. The Department is also proposing modifications and additions of waters to the State Heritage Fish waters list.
PUBLIC HEARINGS:
Presque Isle: July 26, 2016 @ 6:30 p.m. – Northeastland Hotel - Red Room, 436 Main Street
Millinocket: July 27, 2016 @ 6:30 p.m. – Stearns High School – Auditorium, 199 State Street
Ellsworth: July 28, 2016 @ 6:30 p.m. – Ramada - Breakfast Room, 215 High Street, Rt. 1 & 3
Farmington: August 2, 2016 @ 6:30pm – University of Maine Farmington - Olson Student Center, N. Dining Hall B, 111 South Street
Brunswick: August 4, 2016 @ 6:30pm – Comfort Inn - Breakfast Room, 199 Pleasant Street
COMMENT DEADLINE: August 17, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY: 12 MRS    10104, 12452, 12461
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) - Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. III Section 109, Speech & Hearing Services
PROPOSED RULE NUMBER: 2016-P088
CONCISE SUMMARY: This rule is being proposed to reduce rates for codes 92587 (Agency Rate) and 92588 (Agency and Independent Rate) to align with current Medicare rates for Speech and Hearing Services. The Department also proposes the addition of code 92586 for clarification of limited services. Finally, the Department proposes minor technical edits.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: July 25, 2016 - 9:00 a.m., 19 Union Street – Room 110, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before July18, 2016.
DEADLINE FOR COMMENTS: Comments must be received by midnight August 4, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: 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.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS    42, 3173; 45 CFR    162.1000, 162.1002, 162.1011
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

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 #07-16
ADOPTED RULE NUMBER: 2016-111 (Emergency)
CONCISE SUMMARY: Minimum July 2016 Class I price is $16.95/cwt. plus $1.58/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 $24.45/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: July 3, 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 .

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 501, Eligibility of M.S.R.S. Members to Apply for Disability Retirement Benefits
ADOPTED RULE NUMBER: 2016-112 (Repeal)
CONCISE SUMMARY: This rule was originally adopted in 1978 to set forth the conditions under which a member could apply for disability retirement benefits. The disability program then in effect was the so-called “Chapter 1122” program. The disability program has since been amended. MainePERS proposed the repeal of this rule because of its limited applicability and because it causes confusion for members as to their eligibility for disability benefits. The statute provides the necessary guidance for the few active members still covered by Chapter 1122 disability benefits.
EFFECTIVE DATE: July 4, 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: http://mainepers.org/ .

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 508, Disability Retirement under 5 MRSA  1122 as in Effect Prior to July 1, 1977
ADOPTED RULE NUMBER: 2016-113 (Repeal)
CONCISE SUMMARY: This rule was adopted in 1994 to specify the process and standards to be applied when determining eligibility for disability retirement benefits under the so-called “Chapter 1122” program. The disability program has since been amended. MainePERS proposed the repeal of this rule because of its limited applicability and because it causes confusion for members as to their eligibility for disability benefits. The statute provides the necessary guidance for the few active members still covered by Chapter 1122 disability benefits.
EFFECTIVE DATE: July 4, 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: http://mainepers.org/ .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Support Enforcement and Recovery (DSER)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual: Ch. 7, Implementation of Child Support Guidelines; Ch. 13, Disposition of Proceedings by Settlement, Stipulation or Consent Decision; Waivers
ADOPTED RULE NUMBER: 2016-114 (Repeal and replace internal chapters 7 and 13)
CONCISE SUMMARY:
Ch. 7: this Rule updates the Maine Child Support Enforcement Manual to clarify the decision-making process for imputing income to certain non-custodial parents, and the burden of persuasion when requesting a deviation in the child support amount; and updates the rule to reflect-recent Manual changes.
Ch. 13: To allow for an expedited consent decision process for incarcerated obligors who have no means to pay a support order while in prison, to avoid unnecessary hearings.
EFFECTIVE DATE: July 6, 2016
AGENCY CONTACT PERSON: Tracy Quadro, Staff Counsel, DHHS DSER, 11 State House Station, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-6983. E-mail: Tracy.Quadro@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .