November 30, 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: 90-564 - Clean-up and Response Fund Review Board (formerly Fund Insurance Review Board)
CHAPTER NUMBERS AND TITLES:
Ch. 3, Appeals Procedure
Ch. 4, Oil Importation Fees
Ch. 5, Documentation Requirements for Application to the State Fire Marshall for Coverage by the Maine Ground and Surface Waters Clean-up and Response Fund at Above Ground Oil Storage Facilities
PROPOSED RULE NUMBERS: 2016-P181, P182, P183
BRIEF SUMMARY: These amendments accomplish several changes guided by LD 1303, including:
1) Reflect that the Maine Coastal and Inland Surface Oil Clean Up Fund and the Ground Water Oil Clean Up Fund have been combined to create the Maine Ground and Surface Water Clean-up and Response Fund;
2) Correct citations to statute to be consistent with the statutory amendments;
3) Reflect that the Fund Insurance Review Board and the Oil Spill Advisory Committee have been combined creating the Clean-up and Response Fund Review Board; and
4) Reflect that fees may be increase when the fund balance reaches $6,000,000 rather than $5,000,000.
In addition the amendments make minor formatting and typographical corrections.
PUBLIC HEARING: No public hearing is planned, unless requested by 5 or more persons.
COMMENT DEADLINE: December 30, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tom Graham, DEP, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS  § § 568-A(3-A), 568-B(1),  §551(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: PL 2015 ch. 319
DEP WEBSITE: http://www.maine.gov/dep/rules/ .
DEP RULE-MAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS). Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 323, Commercial Agricultural Production. Commercial Aquacultural Production, Commercial Fishing and Commercial Wood Harvesting
PROPOSED RULE NUMBER: 2016-P184
BRIEF SUMMARY: Maine Revenue Services is proposing minor amendments to Rule 323 in order to update it to reflect recent statutory changes that apply to sales occurring on or after January 1, 2017. The proposed amendments will not have any impact whatsoever on Maine taxpayers. This is routine annual rule-making.
PUBLIC HEARING: None scheduled at this time.
COMMENT DEADLINE: December 30, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: David E. Bauer. Tax Policy Analyst, Maine Revenue Services, 24 State House Station, Augusta, ME 04333. E-mail: David.E.Bauer@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS  § § 112. 2013
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 607, Access to Medical Education and Health Professions Loan Programs, Amendment 10
PROPOSED RULE NUMBER: 2016-P185
BRIEF SUMMARY: The rule amendments provide for (a) partial loan forgiveness for eligible but part-time employment except borrowers who commenced professional education prior to 1993; (b) loan forgiveness in the event of death or total and permanent disability; and (c) elimination of the annual report requirement for borrowers who withdrew from professional education or no longer reside in Maine.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: January 6, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, PO Box 949, Augusta, ME 04332-0949. Telephone: (207) 620-3515. Fax: (207) 213-2615. TTY: (207) 626-2717. E-mail: kgabrielson@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS  § § 11810, 12107
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FAME WEBSITE: www.famemaine.com .
FAME RULE-MAKING LIAISON: Christopher H. Roney: CRoney@FameMaine.com .

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 617, Health Professions Loan Program, Amendment 1
PROPOSED RULE NUMBER: 2016-P186
BRIEF SUMMARY: The rule amendments provide for (a) loan forgiveness in the event of death or total and permanent disability; (b) elimination of the annual report requirement for borrowers who withdrew from professional education or no longer reside in Maine; and (c) limitation of post-graduate training to 6 years, except for dental and veterinary students.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: January 6, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, PO Box 949, Augusta, ME 04332-0949. Telephone: (207) 620-3515. Fax: (207) 213-2615. TTY: (207) 626-2717. E-mail: kgabrielson@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS  §12107
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FAME WEBSITE: www.famemaine.com .
FAME RULE-MAKING LIAISON: Christopher H. Roney: CRoney@FameMaine.com .

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 618, Maine Veterinary Medicine Loan Program, Amendment 1
PROPOSED RULE NUMBER: 2016-P187
BRIEF SUMMARY: The rule amendments provide for (a) loan forgiveness upon death or total and permanent disability; and (b) elimination of the annual report requirement for borrowers who withdrew from professional education or no longer reside in Maine.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: January 6, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, PO Box 949, Augusta, ME 04332-0949. Telephone: (207) 620-3515. Fax: (207) 213-2615. TTY: (207) 626-2717. E-mail: kgabrielson@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS  §12124
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FAME WEBSITE: www.famemaine.com .
FAME RULE-MAKING LIAISON: Christopher H. Roney: CRoney@FameMaine.com .

ADOPTIONS

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. II & III Section 65, Behavioral Health Services
ADOPTED RULE NUMBER: 2016-198
CONCISE SUMMARY: This adopted rule makes two major changes: (1) the incorporation of standards for Medication-Assisted Treatment (MAT) with Methadone for opioid dependence; and (2) the transfer of certain services from Section 17, “Community Support Services”, to Section 65, “Behavioral Health Services”. For MAT with Methadone services, the Department is adopting these rule changes to more closely align the provision of these services with existing federal regulations governing opioid treatment programs, federal Substance Abuse and Mental Health Services Administration guidelines, and State licensing rules for these facilities. The vast majority of the adopted rule provisions coincide with these existing requirements, including staff credentials, responsibilities of the medical director, member assessments, the development of an individualized service plan, testing for drug use disorder, and medication administration. Some service requirements in this rule adoption are new, such as how counseling with methadone treatment is structured, the addition of MaineCare-specific forms, and the prior authorization criteria for services beyond 24-months. The Department has made some changes to the rule adoption as a result of public comment and further review. These changes are explained in the basis statement and summary of public comments documents. Second, the Department is moving Clubhouse Services and Specialized Group Services from Section 17 to Section 65, as changes in clinical criteria for Section 17 services may restrict member access to these particular services. Rates for these services are not changing and have also been incorporated under the Ch. III rule. Finally, in addition to these two substantive rule changes, the Department has made a number of technical edits.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: November 23, 2016
AGENCY CONTACT PERSON: Thomas M Leet, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4068. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Thomas.Leet@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 19-498 – Department of Economic and Community Development (DECD), Office of Community Development (OCD)
CHAPTER NUMBER AND TITLE: Ch. 45 (New), Program Statement for Administering the 2017 Maine Community Development Block Grant Program
ADOPTED RULE NUMBER: 2016-199
CONCISE SUMMARY: This rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
EFFECTIVE DATE: November 26, 2016
AGENCY CONTACT PERSON: Deborah Johnson, Director – OCD. Department of Economic & Community Development, Office of Community Development, 59 State House Station, 111 Sewall Street, Augusta, Maine 04333-0059. Telephone: (207) 624-9817. E-mail: Deborah.Johnson@Maine.gov .
OCD WEBSITE: http://www.maine.gov/decd/meocd/ .
DECD RULE-MAKING LIAISON: Douglas.Ray@Maine.gov .

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 201, Provider of Last Resort Service Quality
ADOPTED RULE NUMBER: 2016-200
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to Ch. 201 which incorporates changes mandated by the enactment of PL 2015 ch. 462, An Act to Increase Competition and Ensure a Robust Information and Telecommunications Market (the Act). The amendments to Ch. 201 reflect the provisions contained in Section 5 of the Act.
EFFECTIVE DATE: November 26, 2016
AGENCY CONTACT PERSON / PUC RULE-MAKING LIAISON: Jamie Waterbury, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Jamie.A.Waterbury@Maine.gov .
PUC WEBSITE: http://www.maine.gov/mpuc/ .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 100, Definitions Regulation
ADOPTED RULE NUMBER: 2016-201
CONCISE SUMMARY: The Department has updated its Ch. 100, Definitions Regulation, to add a number of compounds that were previously exempted from the definition of “volatile organic compound” by the U.S. Environmental Protection Agency (EPA). Instead of listing all exempt compounds, the Department incorporated the federal exemptions by reference. As part of this rule-making, the Department also deleted the definition for “negligibly photochemically reactive” and made several non-substantive formatting changes.
EFFECTIVE DATE: November 27, 2016
AGENCY CONTACT PERSON: Tom Graham, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Jeff.S.Crawford@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 109, Speech and Hearing Services
ADOPTED RULE NUMBER: 2016-202
CONCISE SUMMARY: The adopted rule makes the following changes: (1) it reduces the agency rate for code 92587 (distortion product); (2) it reduces both the agency and independent rate for code 92588 (distortion product); (3) it adds a new code 92586 (limited auditory evoked potentials); and (4) it clarifies the description for some codes.
The Department is seeking, and anticipates receiving, approval from the federal Center for Medicare and Medicaid Services (CMS) for the rate changes, and the addition of the new code. Pending approval, the rate changes and the new code will be effective as of November 28, 2016. A methodology change notice was published on March 4, 2016.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: November 28, 2016
AGENCY CONTACT PERSON: Cari Bernier, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4031. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Cari.Bernier@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .