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September 27, 2017
WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules
Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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 rulemaking liaisons, who are single points of contact for each agency.
PROPOSALS
AGENCY: 02: Department of Professional and Financial Regulation (PFR):
02-373 - Board of Licensure in Medicine
02-380 - State Board of Nursing
02-383 - Board of Osteopathic Licensure
02-396 - Board of Licensure of Podiatric Medicine
CHAPTER NUMBER AND TITLE: Ch. 21, Use of Controlled Substances for Treatment of Pain
PROPOSED RULE NUMBER: 2017-P045 thru P048 (2nd publication)
BRIEF SUMMARY: The Board of Licensure in Medicine, State Board of Nursing, Board of Osteopathic Licensure, and Board of Licensure of Podiatric Medicine propose a joint rule regarding the use of controlled substances for treatment of pain. The proposed rule repeals and replaces an existing joint rule regarding prescribing controlled substances to treat pain. As originally proposed, the joint rule: defines certain terms; requires that clinicians achieve and maintain competence in assessing and treating pain; requires that clinicians consider the use of non-pharmacologic modalities and non-controlled drugs in treatment of pain prior to prescribing controlled substances; requires that clinicians use and document Universal Precautions when prescribing controlled substances (i.e. evaluating the patient including conducting a risk assessment to minimize the potential for adverse effects, abuse, misuse, diversion, addiction and overdose, developing a treatment plan, obtaining informed consent, employing a treatment agreement, monitoring, and creating and maintaining medical records); requires that clinicians report illegal acts such as the illegal acquisition and selling of drugs; requires clinicians comply with state and federal controlled substance laws and regulations and CDC guideline for prescribing opioids; and requires clinicians who prescribe controlled substances to maintain current clinical knowledge by complying with continuing education requirements.
Following receipt of written comments, the Boards made substantive changes to the proposed rule, including adding definitions for “medical emergency” and “opioid use disorder” and changes to the section of the rule regarding risk assessment. As a result, the proposed rule with substantive changes is being published for additional public comment regarding the changes to the rule as originally proposed.
PUBLIC HEARING: None planned. This is a publication of substantive proposed changes to a proposed rule in order to allow public comment on the proposed changes as required by Title 5 MRS 8052(5)(B). Requests to hold a public hearing by any interested person may be submitted in writing to the identified agency contact person.
COMMENT DEADLINE: Friday, October 27, 2017 at 5:00 p.m.
CONTACT PERSONS FOR THIS FILING / SMALL BUSINESS INFORMATION:
Medicine: Dennis E. Smith, Executive Director, Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333-0137. Telephone: (207) 287-3605. Fax: (207) 287-6590. Email: Dennis.Smith@Maine.gov .
Nursing: Kim Esquibel, Executive Director, State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158. Telephone: (207) 287-1148. Fax: (207) 287-1149. Email: Kim.Esquibel@Maine.gov .
Osteopathic: Susan E. Strout, Executive Secretary, Board of Osteopathic Licensure, 142 State House Station, Augusta, ME 04333-0142 Telephone: (207) 287-2480. Fax: (207) 536-5811. Susan.E.Strout@Maine.gov .
Podiatric: Kristina M. Halvorsen, Regulatory Board Administrator, Board of Licensure of Podiatric Medicine, 35 State House Station, Augusta, ME 04333-0035. Telephone: (207) 624-8420. Fax: (207) 624-8637. Email: Kristina.M.Halvorsen@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS 3269(3),(7), 3300-F (Board of Licensure in Medicine); 32 MRS 2102(2-A), 2153-A(1), 2210 (State Board of Nursing); 32 MRS 2562, 2600-C (Board of Osteopathic Licensure); 32 MRS 3605-B, 3657 (Board of Licensure of Podiatric Medicine)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITES:
Medicine: www.maine.gov/md .
Nursing: www.maine.gov/boardofnursing .
Osteopathic: www.maine.gov/osteo .
Podiatric: www.maine.gov/professionallicensing .
BOARD RULEMAKING LIAISONS:
Medicine: Maureen.S.Lathrop@Maine.gov .
Nursing: Virginia.E.DeLorimier@Maine.gov .
Osteopathic: Susan.E.Strout@Maine.gov .
Podiatric: Karissa.Davan@Maine.gov .
AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Adoption of the Rural Business Development Subdistrict in Washington County)
PROPOSED RULE NUMBER: 2017-P128
BRIEF SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Ch. 10, Land Use Districts and Standards, regarding extending the opportunity for Rural Business Development subdistricts into Washington County in partnership with the Washington County Commissioners through the Commission’s Community Guided Planning and Zoning program. This regional planning effort implements the directive in PL 2011 ch. 682 section 34, for the Commission to initiate prospective zoning in the unorganized and deorganized parts of the state. The purpose of the Rural Business Development Subdistrict (D-RB) is to encourage an appropriate range of business development in rural areas, and locate development in or at the edge of existing development and in concentrated areas along appropriate portions of major transportation corridors. The locations for the D-RB are selected to maintain the rural character of the region and avoid significant visual, natural resource, and fiscal impacts of unplanned growth. The D-RB subdistrict would include areas to accommodate a range of small commercial, light manufacturing, and institutional facilities and businesses that are generally compatible with, and complementary to, natural resource-based land uses; but may create some adverse impacts to residential uses, recreation uses, or resource protection.
PUBLIC HEARING: None
COMMENT DEADLINE: Written comments must be submitted on or prior to October 30, 2017. Written rebuttal comments must be submitted on or prior to November 13, 2017.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Stacie R. Beyer, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 557-2535. Email: Stacie.R.Beyer@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS 685-A(3), 685-A(7A), 685-C(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
LUPC WEBSITE: www.maine.gov/doc/lupc .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .
AGENCY: 03-201 - Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual – Adult: Subsection 27.2, Supervised Community Confinement
PROPOSED RULE NUMBER: 2017-P129
BRIEF SUMMARY: The proposed rulemaking to the Supervised Community Confinement rule seeks to add an additional eligibility requirement for supervised community confinement for prisoners who have been convicted as an adult with any sex offense and to allow a possible exception for any prisoner who has been formally charged but not convicted as an adult with any sex offense for consideration of community programs.
DETAILED BASIS STATEMENT / SUMMARY: The proposed rulemaking seeks to require an additional eligibility requirement to the Supervised Community Confinement rule for a prisoner convicted as an adult with any sex offense so that the prisoner shall not be eligible to transfer to supervised community confinement unless the prisoner is within six (6) months of his or her current custody release date.
In addition, any prisoner who has been formally charged but not convicted as an adult with any sex offense may not be transferred to supervised community confinement unless the prisoner, if male, has completed the intensive phase of a Department residential sex offender treatment program or, if female, the prisoner has successfully participated in a Department sex offender treatment program for at least one (1) year and are within six (6) months of his or her current custody release date, unless the Department’s Director of Classification makes an exception to these restrictions.
In addition, the requirement that the prisoner, if female, to have successfully participated in a Department sex offender treatment program for at least two (2) years is being proposed to be reduced to one (1) year, which is comparable to the requirements for a male prisoner.
Another proposed revision is to include a provision that if a prisoner becomes ill or injured or another unforeseen emergency prevents the prisoner from abiding a curfew, residence, time or travel condition, or returning from to the facility when directed to do so, the prisoner shall notify the probation officer as soon as possible for instructions.
Other proposed revisions clarify reporting requirements, notifications, documentation, and appeals.
PUBLIC HEARING: October 18, 2017 at 1:00 p.m. at the Tyson Building, 3rd Floor, 25 Tyson Drive, Augusta, ME at Maine Department of Corrections Central Office MDOC Board Room. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 13, 2017.
COMMENT DEADLINE: Comments must be received by 5:00 p.m. on October 30, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOC RULEMAKING LIAISON: Mary Lucia, Department of Corrections, 111 State House Station, Augusta ME 04333. Telephone: (207) 287-4681. TTY Maine Relay 711. Fax: (207) 287-4370. Email: Mary.A.Lucia@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 34-A 3036-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOC WEBSITE: http://www.maine.gov/corrections/PublicInterest/policies.shtml .
AGENCY: 03-201 - Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual – Adult: Subsection 27.3, Community Transition Program
PROPOSED RULE NUMBER: 2017-P130
BRIEF SUMMARY: The proposed rulemaking to the Community Transition Program rule seeks to add additional eligibility requirements for Community Transition Programs for prisoners who have been convicted as an adult with any sex offense and to allow a possible exception for any prisoner who has been formally charged but not convicted as an adult with any sex offense for consideration of community programs.
DETAILED BASIS STATEMENT / SUMMARY: The proposed rulemaking seeks to require additional eligibility requirements to the Community Transition Program rule for a prisoner convicted as an adult with any sex offense so that the prisoner shall not be eligible to transfer to a Community Transition Program unless the prisoner is within six (6) months of his or her current custody release date.
Also, the requirement that the prisoner, if female, to have successfully participated in a Department sex offender treatment program for at least two (2) years is being proposed to be reduced to one (1) year, which is comparable to the requirement for a male prisoner.
In addition, any prisoner who has been formally charged but not convicted as an adult with any sex offense may not participate in a community transition program unless the prisoner, if male, has completed the intensive phase of a Department residential sex offender treatment program or, if female, the prisoner has successfully participated in a Department sex offender treatment program for at least one (1) year and are within six (6) months of his or her current custody release date, unless the Department’s Director of Classification makes an exception to this restriction.
An American Correction Association (ACA) standard that addresses that a job on work release provide compensation to prisoners at the prevailing wage rate for that position in the community is proposed for inclusion in the rule.
Another proposed revision is to include a provision that if a prisoner becomes ill or injured or another unforeseen emergency prevents the prisoner from going to the location specified, remaining at the specified location during the specified period, or returning from a release by the specified time, the prisoner shall notify the facility as soon as possible for instructions.
Other proposed revisions address reporting, notification, documentation, and appeals.
PUBLIC HEARING: October 18, 2017 at 1:00 p.m. at the Tyson Building, 3rd Floor, 25 Tyson Drive, Augusta, ME at Maine Department of Corrections Central Office MDOC Board Room. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 13, 2017.
COMMENT DEADLINE: Comments must be received by 5:00 p.m. on October 30, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOC RULEMAKING LIAISON: Mary Lucia, Department of Corrections, 111 State House Station, Augusta ME 04333. Telephone: (207) 287-4681. TTY Maine Relay 711. Fax: (207) 287-4370. Email: Mary.A.Lucia@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 34-A 3035
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOC WEBSITE: http://www.maine.gov/corrections/PublicInterest/policies.shtml .
AGENCY: 03-201 - Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual – Adult: Subsection 27.4, Furlough Pass / Furlough Leave Program
PROPOSED RULE NUMBER: 2017-P131
BRIEF SUMMARY: The proposed rulemaking to the Furlough Pass/Furlough Leave Program rule seeks to add additional eligibility requirements for a Furlough Pass or a Furlough Leave for prisoners who have been convicted as an adult with any sex offense and to allow a possible exception for any prisoner who has been formally charged but not convicted as an adult with any sex offense for consideration of community programs.
DETAILED BASIS STATEMENT / SUMMARY: The proposed rulemaking seeks to require additional eligibility requirements to the Furlough Pass/Furlough Leave rule for a prisoner convicted as an adult with any sex offense so that the prisoner shall not be eligible for a furlough pass or a furlough leave unless the prisoner is within six (6) months of his or her current custody release date.
In addition, any prisoner who has been formally charged but not convicted as an adult with any sex offense may not participate in a furlough unless the prisoner, if male, has completed the intensive phase of a Department residential sex offender treatment program or, if female, the prisoner has successfully participated in a Department sex offender treatment program for at least one (1) year and are within six (6) months of his or her current custody release date, unless the Department’s Director of Classification makes an exception to this restriction.
In addition, the requirement that the prisoner, if female, to have successfully participated in a Department sex offender treatment program for at least two (2) years is being proposed to be reduced to one (1) year, which is comparable to the requirement for a male prisoner.
Another proposed revision is to include a provision that if a prisoner becomes ill or injured or another unforeseen emergency prevents the prisoner from going to the location specified, remaining at the specified location during the specified period, or returning from a furlough by the specified time, the prisoner shall notify the facility as soon as possible for instructions.
Other proposed revisions address reporting requirements, notifications, appeals, documentation and appeals.
PUBLIC HEARING: October 18, 2017 at 1:00 p.m. at the Tyson Building, 3rd Floor, 25 Tyson Drive, Augusta, ME at Maine Department of Corrections Central Office MDOC Board Room. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 13, 2017.
COMMENT DEADLINE: Comments must be received by 5:00 p.m. on October 30, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOC RULEMAKING LIAISON: Mary Lucia, Department of Corrections, 111 State House Station, Augusta ME 04333. Telephone: (207) 287-4681. TTY Maine Relay 711. Fax: (207) 287-4370. Email: Mary.A.Lucia@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 34-A 3035
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOC WEBSITE: http://www.maine.gov/corrections/PublicInterest/policies.shtml .
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, Maine Public Assistance Manual, TANF Rule #109P – 128th Legislative Changes:
Introduction;
Ch. I, Eligibility Process;
Ch. II, Eligibility Requirements (Non-Financial);
Ch. III, Eligibility Requirements (Financial);
Ch. IV, Budgeting Process;
Ch. V, Post TANF Benefits;
Ch. VI, Administrative Procedures;
Ch. VII, Non-Citizens;
Ch. VIII, Emergency Assistance;
Ch. XI, TANF Economic Support for Working Families;
Appendices; Charts; Budget Sheets
PROPOSED RULE NUMBER: 2017-P132
BRIEF SUMMARY: To conform to policy changes made in statute in the 128th legislative session, this rule makes several changes to the Maine Public Assistance Manual (TANF). The changes include increases in the maximum payment amounts for the TANF basic benefit and the Special Need Housing Allowance payment. Eligibility changes include the removal of the deprivation requirement for TANF and changes to the ratio of housing costs to income for the Special Need Housing Allowance payment. The description of good cause reasons for failure to cooperate with the TANF employment and training program, ASPIRE, has been revised and specific examples have been deleted and replaced with a reference to the good cause section of the TANF-ASPIRE program. A TANF Work Incentive Payment has been created to pay a once in a lifetime $400 payment to recipients who go to work and keep their job for four consecutive months. To comply with statutory requirements, these rule changes have also been promulgated on an emergency basis in a separate filing.
In addition to the changes noted above, the Department is proposing several other changes. These changes could not be included in the emergency rule because they were not specified as emergency in nature and thus have been added to the proposed rule only. These proposed additional changes to the Introduction and Ch. I, II, III, IV, VI, VII, and the Appendices were done to reformat and re-organize chapters, and to reword and make some ambiguously drafted provisions more clear. Whereas the proposed rule would amend several chapters, it would also completely repeal and replace Ch. II and XI. The removal of the deprivation requirement from Ch. II by emergency rule required several sections to be reformatted, and so the Department addressed the entire chapter to make it more intuitively organized and more precisely drafted. Ch. XI is replaced for better organization of its provisions. Except where expressly stated below, the repeal and replacement of those chapters does not include any policy change that is not already part of the emergency rulemaking. Ch. VII is being repealed altogether and not replaced, with its provisions being redistributed to more appropriate chapters in the manual. This also does not represent a change in policy.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
DETAILED SUMMARY: A detailed description of the non-emergency rule changes follows, by chapter:
Introduction. References to the Refugee Cash Assistance Program, which is no longer administered by DHHS were removed, as well as a reference to Ch. VII Non-Citizens, which is being repealed.
Ch. I. Application Process. Removed reference to internal processes that are not rule, reworded for clarity, changed "Bureau" to "Office", removed guidance on eligibility for Medicaid and inserted reference to MaineCare Program Manual. Removed Exception for attending TANF Orientation for applicants who had attended an Orientation in the previous 90 days. This assures participants become engaged with ASPIRE as early as possible.
Ch. II. Eligibility Requirements (non-financial). Changes include a general clean-up of Ch. II. Revised format, deleted "GENERAL RULE" as a heading. Deleted “NOTES” and incorporated information into the relevant subsection, removed Food Supplement Program cross-references, removed references to internal process, reworded for clarity/consistency, corrected spelling, grammar errors and removed rules that belong in a different chapter. The deprivation section of this chapter was removed by emergency rule. Maintenance of a home has been clearly defined and rules have been revised to better identify which parent in shared custody situations is eligible to apply for TANF for that child. The rule defines when a minor parent/pregnant minor is considered to be maintaining a home for the child. Removed the requirement that if a minor parent is parenting her child, she must apply as a caretaker relative. Removed the rule that allowed a TANF family whose child(ren) had been taken into custody by OCFS to retain their TANF grant in limited circumstances. This rule was not used and did not meet the needs of the parent as continued TANF benefits did not include MaineCare for the adult. An exemption from ASPIRE participation for an SSDI recipient was added. This was previously excluded in error. Relocated eligibility requirements for the state-funded non-citizen cash assistance program from Ch. VII to Ch. II to consolidate the eligibility requirements for the state funded program into the chapter that address the non-financial rules for other applicants/recipients.
Ch. III. Eligibility Requirements (financial). Moved the rules regarding treatment of sponsor income and assets for certain non-citizens to this chapter to consolidate all financial eligible requirements into one chapter.
Ch. IV. Budgeting Process. The section explaining the Special Need Housing Allowance was rewritten for clarity. There were no substantial changes other than those made in the Emergency Rule.
Ch. VI. Administrative Procedures. Moved the rule for the collection of overpayments by sponsors of aliens to this chapter from Ch. VII-Non-Citizens to consolidate all rules relating to overpayments in one chapter. Removed a chart showing the maximum allowed recoupment of overpayments. This is explained in the chapter and the chart was duplicative.
Ch. VII. Non-Citizens. This chapter is repealed. Non-financial eligibility requirements for the state-funded cash assistance program for certain non-citizens has been relocated to Ch. II-Eligibility Requirements (non-financial) and the financial eligibility requirements for sponsors of aliens to Ch. III- Eligibility Requirements (financial). Rules regarding the recoupment of overpayments from sponsors of aliens has been moved to Ch. VI-Administrative Procedures.
Ch. XI. TANF Economic Support for Working Families. This chapter is repealed and replaced for improved organization and readability.
Appendix. A statement to the chart on page 2 has been added that states the TANF benefit may increase annually.
PUBLIC HEARING: None.
COMMENT DEADLINE: October 27, 2017
CONTACT PERSON FOR THIS FILING: Dawn Mulcahey, TANF Program Manager, Department of Health & Human Services, Office for Family Independence, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4109. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Dawn.Mulcahey@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS 8054; 22 MRS 42(1), 3762 sub- 3, B, 3769-C sub- 1, 3782-A(6), 3785 sub- 8, g, 3790(7); PL 2017 ch. 256 (22 MRS 3762 sub- 3 and 3785); PL 2017 ch. 290 (22 MRS 3762 sub- 3); PL 2017 ch. 284 pt. NNNNNNN 9, 11, 14
OFI RULES WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 607, ASPIRE-TANF Program Rules, Rule #24P: Budget-related changes to Good Cause and Parents as Scholars Program, and clarification to child under 6 work requirements
PROPOSED RULE NUMBER: 2017-P133
BRIEF SUMMARY: This rule makes two changes to ASPIRE policy, based on state statutory changes from the 128th legislative session. First, mirroring such changes to state law, it shortens and modifies the list of good cause reasons for noncompliance with ASPIRE work participation requirements. Second, it adds a requirement of the Parents as Scholars Program (PaS) that the education path must be for the pursuit of a degree or certification with at least an average job outlook. The rule expands on the statutory directive by specifying that in deciding whether an educational path meets the criterion, the Department will rely on publicly available job-market data and analysis from Maine Department of Labor.
The other change to the rule clarifies that a sole provider with a child under 6 can meet the work requirements with 20 hours a week of work activities.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None
COMMENT DEADLINE: October 29, 2017
CONTACT PERSON FOR THIS FILING: Dawn Croteau, ASPIRE Program Manager, Department of Health & Human Services, Office for Family Independence, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-6968. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Dawn.Croteau@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS 8054; 22 MRS 42(1), 3762 et seq., 3782-A(6), 3785, 3790(7); PL 2017 ch. 284 Part NNNNNNN 13 thru 16
OFI RULES WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .
AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 16, Low-Income Housing Tax Credit Rule
PROPOSED RULE NUMBER: 2017-P134
BRIEF SUMMARY: The rule repeals and replaces the current Ch. 16, Low-Income Housing Tax Credit Rule. The rule is the qualified allocation plan for allocating and administering the federal low-income housing tax credit in the State of Maine, including without limitation the State’s housing credit ceiling for calendar year 2018, as required pursuant to Section 42 of the Internal Revenue Code.
DETAILED BASIS STATEMENT / SUMMARY: This rule is the qualified allocation plan for allocating and administering federal low income housing tax credits (“LIHTC”) in the State of Maine, which MaineHousing, as the State’s designated housing credit agency, is required to adopt pursuant to Section 42 of the Internal Revenue Code and the above-referenced sections of the Maine Housing Authorities Act.
This rule replaces the prior rule and includes the following changes.
* The rule has been overhauled and reformatted to make it simpler and easier to use.
* The rule includes the process for allocating the 2018 state ceiling of federal low-income housing tax credits for the State of Maine (the “State Ceiling”). The scoring criteria points are normalized to a total score of 100.
* The Preservation Set-aside is reserved for existing affordable housing assisted under a Rural Development program or HUD’s Rental Assistance Demonstration (RAD) Program and the minimum rehabilitation requirement for the set-aside is reduced to $50,000 per unit to ensure the preservation of affordable housing that is difficult, if not impossible, to preserve under other MaineHousing programs.
* The pre-application process is more interactive and informative. The pre-application review is still mandatory, but applications will not be rejected at the pre-application stage. MaineHousing will meet with each applicant at least 30 days before the full application is due to provide feedback on eligibility and scoring issues. An application may be rejected at the full application stage if eligibility issues raised by MaineHousing during the meeting are not addressed.
* The State Ceiling application limits extend to consultants because of capacity concerns in the last round. Consultants cannot be a consultant or a principal in more than 3 applications in each round or in more than 4 outstanding projects at any time.
* The application, allocation and monitoring fees increased to cover the cost of administering the program.
* Investors that fail to make required capital contributions are barred from the program. Uncertainty about the federal corporate tax rate caused a significant drop in LIHTC pricing in the last round, and for the first time in Maine, an investor failed to meet its funding obligations. With the support of MaineHousing and the construction lender, the developer was able to find another investor and make the project work financially, but the default increased project costs and reduced the capital investment in the project because of lower LIHTC pricing available in the market.
* The State Ceiling selection process is streamlined to reduce the number of applications that are scored in an effort to expedite the selection process. Only applications with the highest self-scores will be selected for scoring until the LIHTC is fully awarded to the applications with the highest actual scores.
* Smaller projects (less than 20 units) with limited financial capacity and projects that abut and have access to other projects with telemedicine facilities are excluded from the obligation to provide telemedicine facilities. Alternative methods for delivering telemedicine services and additional uses of the telemedicine room may be approved on a case-by-case basis to allow flexibility with changes in the technology.
* The scoring criteria provide greater balance between family and senior housing. Only one senior housing project was awarded State Ceiling in the last round. The TDC benchmark for new non-family housing is slightly increased from $180,000 to $185,000 per unit and 5 additional points are available under the accessibility scoring criteria for senior projects to incent more new senior housing.
* New scoring bands have been added to the TDC scoring category which narrow the scoring differential between bands to minimize any incentive for developers to submit artificially low budgets to maximize their TDC score. Higher point values are awarded at levels closer to the caps than previously.
* The weight of the property tax relief scoring criteria is less because certain municipalities have expressed that they do not want to feel pressured to provide tax increment financing to have affordable housing developed in their communities.
* The housing need scoring criteria uses the same formula, but is updated with the latest data. Changes in the senior housing criteria reflect population shifts. There are significant shifts in the non-senior housing criteria; 14 communities moved into higher point categories and 12 new communities were added. These changes reflect population shifts and an increase in the number of households in the State that qualify for LIHTC housing.
* The rent differential scoring criteria include a new 3 point category for areas where the difference between the market rent and the tax credit is 20% or more to incent the development of new affordable housing in tightening rental markets in the State.
* Proximity to downtown is removed from the smart growth scoring criteria because the other criteria are indicative of downtown areas. The definition of “safe walking distance” in the smart growth criteria no longer includes paved wide shoulders because they are not a safe and suitable means for walking to the destinations addressed in the smart growth criteria.
* The LIHTC training requirement in the management experience scoring criteria is limited to LIHTC units, to which the training relates, rather than total units in projects.
* The rule includes new performance scoring criteria. One replaces the negative point for failing to start construction within 15 months of an award notice with a negative point for failing to develop projects in accordance with the progress timelines in the award notice. The other criteria builds on the management performance criteria and includes a loss of up to 2 points based on the number of projects with two consecutive below average or unsatisfactory management reviews.
* The reuse of existing sites scoring criteria is expanded to include buildings that are municipally-designated for renewal because of environmental hazards to the occupants, such as lead-based paint, asbestos and radon.
* The most efficient use of MaineHousing’s scarce resources, i.e. LIHTC and 0% deferred debt, replaces total development cost (TDC) per unit as the first tie breaker for prioritizing applications with the same score to incent developers to use less of these resources.
* The net developer fee for projects that involve the rehabilitation of existing housing and new construction will be pro-rated based on the relative number of new and existing units to better reflect the complexity of developing the projects.
* The limits on general contractor intermediary costs reflect the National Council of State Housing Authority’s best practices for the LIHTC Program.
* The rule clarifies MaineHousing’s administration of the gross rent floor (i.e. the lowest tax credit rent limit for a project) under Section 42 of the Code. Unless an owner elects the project’s placed-in-service date using the new form attached to the rule, the gross rent floor will be established on the date of the first LIHTC allocation (often a carryover allocation) for State Ceiling projects, and the date of the LIHTC award notice, which is the first eligibility determination under Section 42(m) of the Code, for automatic LIHTC projects.
* MaineHousing is reserving the right to determine whether the extended use agreement will be terminated in the event of a foreclosure based on the facts and circumstances at the time, such as the need for affordable housing in the market in which the project is located.
* The deadline for submitting the annual LIHTC certification and tenant data is moved up to March 1 to give MaineHousing more time to process the information, follow-up and collect late information and submit its report to the IRS.
PUBLIC HEARING: A public hearing will be held on Tuesday, October 17, 2017 at 9:30 a.m. at Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine, 04330-4633. Maine State Housing Authority’s office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, October 27, 2017 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jodie Stevens, Counsel, Maine State Housing Authority, 89 State House Station, 353 Water Street, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600. Maine Relay 711. Email: jstevens@mainehousing.org . Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRS 4741(1), 30-A MRS 4741(14), and Section 42 of the Internal Revenue Code of 1986, as amended
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above
MSHA RULEMAKING LIAISON: luhl@mainehousing.org .
ADOPTIONS
AGENCY: 13-188 – Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Herring Regulations; 36.01, Herring Management Plan
PROPOSED RULE NUMBER: 2017-149 (Emergency)
CONCISE SUMMARY: Atlantic herring may only be landed from Management Area 1A on days that have been designated landing days by the Atlantic States Marine Fisheries Commission (ASMFC). During the Days Out Conference Meeting on September 15, 2017, the Atlantic Herring Section determined that landing days for all vessels issued a Federal Limited Access Atlantic Herring Category A Permit for Management Area 1A, Sub-ACL Trimester 2 (June 1 – September 30) shall be seven consecutive days; are limited to 1,000,000 lbs. (25 trucks) weekly and, may transfer to only one carrier vessel per week up to 120,000 lbs. All vessels issued a Federal Limited Access Atlantic Herring Permit Category C may fish and land Atlantic herring seven days a week and are restricted to the transfer of Atlantic herring to one carrier vessel only and no more than 120,000 lbs. per week. All harvesters issued a State Commercial Pelagic and Anadromous License may fish and land Atlantic herring on seven days a week in territorial waters and are restricted to the transfer of Atlantic herring to one carrier vessel only and no more than 120,000 lbs. per week. Harvester vessels may transfer catch to another harvester vessel while at-sea. The Atlantic Herring Section also designated landing days for Area 1A Trimester 3 (October 1 – December 31). Designated landing days for all vessels shall be three consecutive days, beginning on 6:00 p.m. Sunday to 6:00 p.m. Wednesday. All vessels landing herring caught in Management Area 1A in any Maine port are limited to one landing per 24 hour period (6:00 p.m. to 6:00 p.m.). The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS 6171(3)(C).
EFFECTIVE DATE: September 17, 2017
AGENCY CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .
AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 1, Detention and Correctional Standards for Counties and Municipalities
ADOPTED RULE NUMBER: 2017-150
CONCISE SUMMARY: This rule repeals and replaces Department Rule Ch. 1, Detention and Correctional Standards for Counties and Municipalities. The most recent update of the Maine Standards for County and Municipal Detention Facilities occurred in 2005, thus an update is critical in order to conform to more recent federal and state law changes (ex. Prison Rape Elimination Act, Maine 30-A 1582. Restraint of Pregnant Prisoners and Pregnant Juveniles, etc.) and to adjust to changes in national prevailing industry standards (American Correctional Association).
EFFECTIVE DATE: September 24, 2017
AGENCY CONTACT PERSON / DOC RULEMAKING LIAISON: Mary Lucia, Maine Department of Corrections, 111 State House Station, Augusta, ME 04333. Telephone: (207) 287-4681. (TTY) Maine Relay 711. Email: Mary.A.Lucia@Maine.gov .
DOC WEBSITE: http://www.maine.gov/corrections/ .
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, Maine Public Assistance Manual (TANF), TANF Rule #109E – 128th Legislative Changes:
Introduction;
Ch. I, Eligibility Process;
Ch. II, Eligibility Requirements (Non-Financial);
Ch. IV, Budgeting Process;
Ch. V, Post TANF Benefits;
Ch. VI, Administrative Procedures;
Ch. VIII, Emergency Assistance;
Ch. XI, TANF Economic Support for Working Families;
Appendices. Charts, Budget Sheets
ADOPTED RULE NUMBER: 2017-151 (Emergency)
CONCISE SUMMARY: This rule makes several changes to the Maine Public Assistance Manual (TANF). The changes include increases in the maximum payment amounts for the TANF basic benefit and the Special Need Housing Allowance payment. Eligibility changes include the removal of the deprivation requirement for TANF and changes to the ratio of housing costs to income for the Special Need Housing Allowance payment. The description of good cause reasons for failure to cooperate with the TANF employment and training program, ASPIRE, has been revised and specific examples have been deleted and replaced with a reference to the good cause section of the TANF-ASPIRE program. A TANF Work Incentive Payment has been created to pay a once in a lifetime $400 payment to recipients who go to work and keep their job for four consecutive months. Below is a summary of the policy changes to each chapter.
Changes to the Introduction
Removal of Deprivation requirement – All references to the deprivation requirement for TANF eligibility have been removed from page 1.
Changes to Ch. I – Eligibility Process
Removal of Deprivation requirement – All references to the deprivation requirement for TANF eligibility on pages 12, 18 and 19 have been removed from this chapter.
Good Cause for TANF-ASPIRE – The rule shortens and modifies the list of good cause reasons for noncompliance with ASPIRE work participation requirements. The rule removes the specific examples of acceptable good cause reasons on page 6 for failure to attend TANF Orientation within 30 days of application and adds a reference to good cause in the TANF-ASPIRE rules.
Changes to Ch. II – Eligibility Requirements (non-financial)
Removal of Deprivation requirement – All references to the deprivation requirement for TANF eligibility on pages 9-21, 22 and 26 have been removed from this chapter, including the substantive section on deprivation rules. The rules specific to pregnancy and minor parent have been moved from the deleted Deprivation section to the Relationship section on pages 7 and 8 in this chapter. Although deprivation was a factor in the eligibility determination for pregnant individuals and minor parents, these groups will continue to remain eligible for TANF following the elimination of deprivation. Because the specific rules relating to these two groups are more conceptually related to the Relationship requirement, and should not be affected by eliminating the deprivation requirement, they have been moved accordingly.
Changes to Ch. IV – Budgeting Process
Increase in the Special Need Housing Allowance benefit - The rule increases the Special Need Housing Allowance payment from $200 to $300 per month and reduces the percentage of shelter costs to income from 75% to 50% when determining eligibility. These changes have been made on pages 7, 9 and 10.
TANF Work Incentive Payment – The rule creates a TANF Work Incentive Payment to encourage recipients to work. Recipients must work at least 30 hours per week and keep their job for 4 consecutive months prior to receiving the payment. This was added to page 7, Budgeting Principles.
Changes to Ch. V – Post TANF Benefits
Removal of Deprivation requirement – All references to the deprivation requirement for TANF eligibility have been removed from this chapter on pages 1 and 6.
Changes to Ch. VI – Administrative Procedures
Increase in basic TANF and Special Need Housing Allowance payments – The rule increases the basic TANF benefit and the Special Need Housing Allowance payment. Overpayment recovery is based on a percentage of the basic and Special Need Housing Allowance benefit. The overpayment recovery chart on page 18 was revised to reflect the payment changes.
Changes to Ch. VIII – Emergency Assistance
Removal of Deprivation requirement – The reference to the deprivation requirement on page 4 has been removed from this chapter.
Changes to Ch. IX – Alternative Aid Assistance Program
Removal of Deprivation requirement – The reference to the deprivation requirement on page 1 has been removed from this chapter.
Ch. XI – TANF Economic Support for Working Families
Removal of Deprivation requirement – The reference to the deprivation requirement on page 1 has been removed from this chapter.
Changes to the Appendices
Increase in Benefit Level – The rule increases the basic TANF payment by 20% and the Special Need Housing Allowance payment from $200 to $300. The charts on pages 2, 3, and 4 and the budget form on page 11 have been updated to reflect these changes.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: September 19, 2017
AGENCY CONTACT PERSON: Dawn Mulcahey, Program Manager, Office for Family Independence, Department of Health & Human Services, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4109. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Dawn.Mulcahey@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 607, ASPIRE-TANF Program Rules, Rule #24E: Budget related changes to Good Cause and Parents as Scholars Program
ADOPTED RULE NUMBER: 2017-152 (Emergency)
CONCISE SUMMARY: This rule makes two changes to ASPIRE policy, based on state statutory changes from the 128th legislative session. First, mirroring such changes to state law, it shortens and modifies the list of good cause reasons for noncompliance with ASPIRE work participation requirements. Second, it adds a requirement to the Parents as Scholars Program (PaS) that the education path must be for the pursuit of a degree or certification with at least an average job outlook. The rule expands on the statutory directive by specifying that in deciding whether an educational path meets that criterion, the Department will rely on publicly available job-market data and analysis from Maine Department of Labor.
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: September 19, 2017
AGENCY CONTACT PERSON: Dawn Croteau, ASPIRE Program Manager, Office for Family Independence, Department of Health & Human Services, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-6968. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Dawn.Croteau@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .
AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting Seasons: I., Open and Closed Season; 8., City of Eastport…
ADOPTED RULE NUMBER: 2017-153
CONCISE SUMMARY: In accordance with Title 12 MRS 11402, the Commissioner of Inland Fisheries and Wildlife, in conjunction with the City of Eastport in Washington County, has adopted rules to conduct a special deer hunt beginning November 27, 2017 and ending December 9, 2017. Thirty permits will be available to qualified applicants authorizing the potential harvest of up to 90 antlerless deer. The City of Eastport will administer permit selection for city residents and nonresidents, approving specific hunting locations and compliance with city ordinances. Deer taken during this special hunt are in addition to the statewide bag limit. All other laws and rules relating to deer hunting shall apply. The permit from the Department to the City of Eastport will authorize restrictions to be placed on types of weapons, bag limits, season timing and length and any other special conditions deemed necessary.
A complete copy of the rule can be obtained from the rulemaking contact person listed below.
EFFECTIVE DATE: September 27, 2017
AGENCY CONTACT PERSON / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: http://www.maine.gov/ifw/ .
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