November 2, 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: 02-288 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Maine State Board for Licensure of Architects, Landscape Architects and Interior Designers
CHAPTER NUMBERS AND TITLES:
Ch. 12, Licensure of Architects
Ch. 15, Application for Licensure
Ch. 19, Incorporation by Reference
PROPOSED RULE NUMBER: 2016-P168, P169, P170
BRIEF SUMMARY: The Board for Licensure of Architects, Landscape Architects and Interior Designers proposes to amend Ch. 12, 15, and 19 of its rules in order to reflect statutory changes implemented by PL 2015 c. 414  §1 that amended the practical experience requirement for applicants for architect licenses in Maine, and to update the standards of the National Council of Architectural Registration Boards (NCARB) that have been incorporated by reference into the rules. A more detailed description and the text of the proposed rules may be obtained from www.maine.gov/professionallicensing.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: December 5, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Karen Bivins, Board Administrator, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8524. TTY users call Maine Relay 711. E-mail: Karen.L.Bivins@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  § § 214(1), 220(1)(B), 220(2)(B), 220-B(2) and (3); PL 2015 c. 414  §1 (amending 32 MRS  §220(1)(B))
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: www.maine.gov/professionallicensing .
OPOR RULE-MAKING LIAISON: Anne.L.Head@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 #12-16
PROPOSED RULE NUMBER: 2016-P171
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: November 23, 2016, Thursday, starting at 4:00 p.m., Room 332, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: November 23, 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):
AGENCY WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 220 (New), Removal of Provider of Last Resort Service Obligation
PROPOSED RULE NUMBER: 2016-P172
BRIEF SUMMARY: Pursuant to 35-A MRS  §7221 sub- § § 4 thru 7 and Sections 3 and 6 of PL 2015 ch. 462, An Act to Increase Competition and Ensure a Robust Information and Telecommunications Market, the Public Utilities Commission initiates a rule-making to adopt Ch. 220 of the Commission's rules.
PUBLIC HEARING: November 22, 2016, 1:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: December 2, 2016. Written comments on the proposed rule may be filed no later than 4:00 p.m., Friday, December 2, 2016. Written comments should refer to the docket number of this proceeding, Docket No. 2016-00235, and be filed through the Commission’s case management system.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / PUC RULE-MAKING LIAISON: Jamie Waterbury, PUC, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Jamie.A.Waterbury@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS  § § 101, 111, 7221
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
PUC WEBSITE: http://www.maine.gov/mpuc/ .

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 97, Private Non-Medical Institution (PNMI) Services
PROPOSED RULE NUMBER: 2016-P173
CONCISE SUMMARY: These changes are being done in order to comply with:
1) PL 2016 ch. 477, An Act to Increase Payments to MaineCare Providers That Are Subject to Maine's Service Provider Tax. Private Non-Medical Institution Services providers have experienced an increase in the tax since January 1, 2016. PNMIs are in need of increased funding to continue providing these services to Maine's vulnerable citizens, including children, individuals with substance use disorders, and adults with intellectual disabilities and autistic disorder. This proposed rule-making increases the direct care component rate by an additional one (1) percent to Private Non-Medical Institution Services providers. Pursuant to 22 MRS  §42(8), the increase in reimbursement rates will be effective retroactive to July 1, 2016.
2) Ch. III Section 97 (the "Main Rule") and Ch. III Section 97, Appendix C only, the Department repeals and replaces the March 8, 2016 emergency major substantive rule, which made changes pursuant to Resolves 2015 ch. 45, Resolve, To Require the Department of Health and Human Services to Provide Supplemental Reimbursement to Residential Care Facilities in Remote Island Locations. Those changes are incorporated into this major substantive rule-making.
This proposed major substantive rule making follows an emergency adoption filed on October 25, 2016. This major substantive rule will remain in effect for up to one year or earlier if the Legislature approves the provisionally adopted major substantive rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: November 21, 2016 - 1:00 p.m., Cross Building, Room 300, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before November 14, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on December 1, 2016.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Heidi Bechard, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Heidi.Bechard@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(8), 3173; PL 2016 ch. 477, An Act to Increase Payments to MaineCare Providers That Are Subject to Maine's Service Provider Tax, & PL 2015 Ch. 45, Resolve, To Require the Department of Health and Human Services to Provide Supplemental Reimbursement to Residential Care Facilities in Remote Island Locations; PL 2015 ch. 267; Resolves 2015 ch.45
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 301, Sales for Resale and Sales of Packaging Materials
ADOPTED RULE NUMBER: 2016-176
CONCISE SUMMARY: This is routine annual rule-making. Rule 301 establishes procedures for making sales for resale, certain sales to lessors and service providers and sales of packaging materials exempt from sales tax, and sets forth requirements for certification of exempt sales. The rule has been amended in order to conform to recent statutory changes and current agency practice. Some obsolete language in Section 3 of the rule has also been deleted. The changes will have no substantive impact on taxpayers.
EFFECTIVE DATE: October 19, 2016
AGENCY CONTACT PERSON: David E. Bauer, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 308, Direct Pay Permits
ADOPTED RULE NUMBER: 2016-177
CONCISE SUMMARY: This is routine annual rule-making. Rule 308 establishes a system for combined reporting of purchases by manufacturers and utilities using a "direct payment permit" issued by the State Tax Assessor. The rule has been amended in order to update it to conform with current law and agency practice. The amendments will not result in any substantive change for taxpayers.
EFFECTIVE DATE: October 19, 2016
AGENCY CONTACT PERSON: David E. Bauer, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 504, Shrinkage Allowance for Retail Gasoline Dealers
ADOPTED RULE NUMBER: 2016-178 (Repeal)
CONCISE SUMMARY: This is routine annual rule-making. The rule has been repealed since everything addressed in the rule is covered by the relevant statute (36 MRSA  §2906). Repeal of the rule will result in no change whatsoever in Maine Revenue Services policy and practice regarding gasoline shrinkage allowances.
EFFECTIVE DATE: October 19, 2016
AGENCY CONTACT PERSON: David E. Bauer, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 703, Exempt Sales of Cigarettes
ADOPTED RULE NUMBER: 2016-179 (Repeal)
CONCISE SUMMARY: Maine Revenue Services has repealed this rule as it is unnecessary and obsolete. Repeal will have no impact whatsoever on cigarette distributors, cigarette wholesales, or any other taxpayers. This is routine annual rule-making.
EFFECTIVE DATE: October 19, 2016
AGENCY CONTACT PERSON: David E. Bauer, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@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 #11-16
ADOPTED RULE NUMBER: 2016-180 (Emergency)
CONCISE SUMMARY: Minimum November 2016 Class I price is $18.03/cwt. plus $1.58/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $2.79/cwt. handling fee for a total of $24.13/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: October 29, 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: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rule #282A - Family Planning: Part 9, Special groups – HIV/AIDS Waiver, Breast and Cervical, Family Planning, Section 4 - Family Planning Coverage; Part 18, Presumptive Eligibility Determined by Hospitals, Section 2 - Eligibility for Presumptive Eligibility Determination by Hospitals
ADOPTED RULE NUMBER: 2016-181
CONCISE SUMMARY: This rule aligns the MaineCare Eligibility Manual with statutory changes to 22 MRS  §3173-G, Medicaid coverage for reproductive health care and family planning services, creating a limited benefit coverage group for adult and adolescent individuals in need of reproductive health care and family planning services that meet certain income guidelines. To be eligible, individuals must have an income at or below 209% of the Federal Poverty Level. Income must be calculated using the modified adjusted gross income (MAGI). This limited benefit may be granted to all individuals regardless of age and gender. This rule is in accordance with the federal Patient Protection and Affordable Care Act, as required. Those individuals eligible under other Medicaid Categorical programs and pregnant women are not eligible for this coverage group. The Department obtained CMS approval for this expanded eligibility group on March 3, 2016. However, the Department’s submission for approval included eligibility based on household income instead of individual income. Thus, the Department filed a request to obtain CMS approval to change income eligibility from household income to individual income, and that each applicant will be considered a household of one. The Department anticipates receiving CMS approval for these changes. Pending approval, the rule shall be effective retroactive to October 1, 2016.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: October 1, 2016
AGENCY CONTACT PERSON: Marta Noriega-Allen, Senior Planner, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4135. TTY: 711 (Maine Relay). E-mail: Marta.Noriega-Allen@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

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 97, Private Non-Medical Institution (PNMI) Services
ADOPTED RULE NUMBER: 2016-182
CONCISE SUMMARY: The Department of Health and Human Services ("the Department") adopts this emergency major substantive rule to increase the rates of reimbursement to Private Non-Medical Institution Services providers pursuant to PL 2016 ch. 477, An Act To Increase Payments to MaineCare Providers That Are Subject to Maine's Service Provider Tax. In addition, for Ch. III Section 97 (the "Main Rule") and Ch. III Section 97 Appendix C only, the Department repeals and replaces the March 8, 2016 emergency major substantive rule, which made changes pursuant to Resolves 2015 ch. 45, Resolve, To Require the Department of Health and Human Services to Provide Supplemental Reimbursement to Residential Care Facilities in Remote Island Locations. Those changes are incorporated into this emergency major substantive rule-making.
The Department makes the following findings in support of this emergency major substantive rule-making. Similar to the determinations made by the Legislature in PL 2016 ch. 477, the Department finds that these rule changes should be implemented immediately to preserve public health and safety. Section 97 providers have insufficient reserves to withstand cost increases and have experienced an increase in the Service Provider Tax since January I, 2016. In addition Appendix C providers who are "remote island facilities" also require that the reimbursement rate increases implemented pursuant to Resolves 2015 ch. 45 and the Department's March 8, 2016 emergency major substantive rule be continued, so that providers are not negatively affected. Remote Island Facilities are facilities located on an island not connected to the mainland by a bridge. All of these changes provide benefits to Section 97 providers, and ensure the continued provision of services to MaineCare members.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: October 25, 2016
AGENCY CONTACT PERSON: Heidi Bechard, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station Augusta, Maine 04333-001l. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Heidi.Bechard@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .