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November 7, 2018
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: 18-553 – Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO)
CHAPTER NUMBER AND TITLE: Ch. 2, Pricing of Spirits
PROPOSED RULE NUMBER: 2018-P103 (2nd publication)
BRIEF SUMMARY: The Bureau received comments on this amended rule that was published by the Secretary of State on May 16, 2018 where the comment deadline was June 27, 2018. Based on the comments received, the Bureau is modifying the proposed amendment by maintaining the discount rate increase as set forth in the original rule in Section 3(a) at 3/4 of one percent (0.75%) rather than reducing it to 1/2 of one percent (0.5%) as amended and described in the first Brief Summary set forth in the first MAPA-3.
THE FIRST BRIEF SUMMARY: This amendment raises the growth rate needed for a discount rate increase from 4.5% to 5% in Section 3(a) of the rule and lowers the increased discount rate from ¾ of one percent (0.75%) to ½ of one percent (0.5%). Additionally, in Section 3(b) of this rule, this amendment increases the growth rate needed to qualify for a discount rate increase from five percent (5%) to six percent (6%) and increases the discount rate increase from one percent (1%) to one and ½ percent (1.50%). This amendment also removes two tiers from the growth incentive provisions for agency liquor stores. The 5.5% and 6% growth incentive threshold tiers outlined in current rule (section 3(c) and 3(d) respectively) are not sustainable in the near or long term. The following chart depicts this scenario and the needed increase in the following fiscal year to cover that increased discount rate cost.
|
Projected Growth Increase % |
Projected Current Rate Increase |
Projected Additional Incremental Cost based on FY17 sales |
Projected Total Cost Going Forward |
% Increase to cover cost |
5.5% |
1.75% increase |
$3,600,000 |
$30,800,000 |
8% |
6% |
2.5% increase |
$5,200,000 |
$32,400,000 |
11.9% |
A subsequent issue would occur in that the needed increase in the next fiscal year to cover this increased cost to the State would trigger another discount rate increase thereby compounding the sustainability issue of these tiers. The changes to these rules will be effective July 1, 2019.
Additionally, the discount rate increase of one (1) percent outlined in section B.4 compounds the sustainability issues; and therefore, that provision is repealed as well.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
PUBLIC HEARING: no public hearing
COMMENT DEADLINE: December 12, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / BABLO RULEMAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Office: (207) 287-6750. Fax: (207) 287-6769. Email: Tim.Poulin@Maine.gov.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Professional Judgment, National Alcohol Beverage Control Association, Pine State Spirits
STATUTORY AUTHORITY FOR THIS RULE: 28-A MRS §83-A; 28-A MRS §606 sub-§4-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULEMAKING LIAISON: Ian.Swanberg@Maine.gov.
AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 32 (Repeal), Electric Utilities Service Standards
PROPOSED RULE NUMBER: 2018-P208 (2nd publication)
BRIEF SUMMARY: The Public Utilities Commission proposes to repeal Ch. 32 and adopt a new rule (Ch. 320) in compliance with legislative directive. A Notice of Rulemaking has been issued in Docket No. 2018-00311 commencing rulemaking for the proposed Ch. 320.
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: December 10, 2018. The Commission is extending the original deadline for filing comments concerning this rule to 5:00 p.m., Monday, December 10, 2018. Written comments to repeal this rule may be filed using the Commission’s case management system and should refer to the docket number of this proceeding, Docket No. 2018-00270.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Leslie Raber, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1562. TTY 711. Email: Leslie.Raber@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 704, 1308
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine/mpuc.
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .
AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 320 (New), Electric Transmission and Distribution Utility Service Standards
PROPOSED RULE NUMBER: 2018-P209 (2nd publication)
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking pursuant to PL 2017 ch. 448, An Act to Restore Confidence in Utility Billing Systems. This law states that the Commission shall adopt rules governing the testing of the metering and billing systems of transmission and distribution utilities to ensure accuracy regarding the measurement of electricity usage and determination of customer bills.
PUBLIC HEARING: November 30, 2018 at 9:30 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine (rescheduled from October 29, 2018)
COMMENT DEADLINE: December 10, 2018. The Commission is extending the original deadline for filing comments concerning this rule to 5:00 p.m., Monday, December 10, 2018. Written comments on the proposed rule may be filed using the Commission's Case Management System no later than 5:00 p.m., December 10, 2018. However, the Commission requests that initial comments be filed by November 27, 2018, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2018-00311 and be submitted through the Commission’s case management system.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Leslie Raber, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1562. TTY 711. Email: Leslie.Raber@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 2305-A, 3104-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine/mpuc.
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov.
AGENCY: 17-229 - Department of Transportation (DOT)
CHAPTER NUMBER AND TITLE: Ch. 602 (New), Rules Relating to Maine State Ferry Service Tolls
PROPOSED RULE NUMBER: 2018-P222
BRIEF SUMMARY: To establish tolls for the Maine State Ferry Service lines (the "MSFS") and to allow the implementation of surcharges due to increases in operating costs and/or decreases in ridership
DETAILED SUMMARY: The Maine Department of Transportation is responsible for establishing the tolls for the MSFS. This new Rule 602 will establish tolls as set out below. The proposed rates are consistent with the rates as they are currently set out in Tariff #8. This rule will also establish the procedures for surcharges on said tolls if the costs of the MSFS increase or ridership decreases causing a shortfall in operating funds. The surcharges may be put into effect for a period of 180 days and if the circumstances warrant the surcharge to continue the MSFS may renew the surcharge for one additional 180 day period.
Proposed Rates:
A) Passengers
Type:
1. Adult Round Trip (age 12 and up): Toll, $11.00
2. Child Round Trip (age 5 to 11): Toll, $5.50
3. Children Under 5: Free
B) Automobiles (and certain other vehicles)
Type:
1. Round Trip: Toll, $30.00
2. This toll is for vehicles with four (4) tires or less, with an overall length (including cargo) of twenty (20) feet or less, that are one of the following types: automobiles, station wagons, motorcycles, vans, minivans, pickup trucks, golf carts, fork lifts, riding lawn mowers, small garden tractors, all-terrain vehicles, and electric vehicles.
3. This toll includes the driver of the vehicle but does not include accompanying passengers.
C) Trucks (and certain other vehicles)
Type:
1. One Way or Round Trip: Toll, $2.50/foot
2. This toll is for vehicles with more than four (4) tires or with an overall length (including cargo) of more than twenty (20) feet or that are not one of the following types: automobiles, station wagons, motorcycles, vans, mini-vans, pickup trucks, golf carts, fork lifts, riding lawn mowers, small garden tractors, all-terrain vehicles, and electric vehicles.
3. This toll does not include the driver of the vehicle or accompanying passengers.
D) Bicycles
Type:
1. Adult Round Trip (ages 12 and up): Toll, $20.00
2. Child Round Trip (ages 11 and under): Toll, $10.00
3. These tolls do not include the rider.
PUBLIC HEARING: November 28, 2018 - 12:00 Noon, Hutchinson Center, 80 Belmont Avenue (Route #3), Belfast, Maine 04915
COMMENT DEADLINE: December 12, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jim Billings, DOT, 16 State House Station, Augusta, Maine 04330. Telephone: (207) 624-3029. Email: James.Billings@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 23 MRS §52; 23 MRS §4404; Resolves 2015 ch. 86
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOT RULEMAKING WEBSITE: https://www1.maine.gov/mdot/rulemaking/.
DOT WEBSITE: https://www1.maine.gov/mdot/ .
DOT RULEMAKING LIAISON: Toni.Kemmerle@Maine.gov .
AGENCY: 90-351 - Workers’ Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 5, Medical Fees; Reimbursement Levels; Reporting Requirement
PROPOSED RULE NUMBER: 2018-P223
BRIEF SUMMARY: Pursuant to 39-A MRS §209-A(5), every three years the Board must undertake a comprehensive review of the medical fee schedule. The proposed rule incorporates changes deemed prudent after conducting the statutorily required review.
PUBLIC HEARING: Monday, November 26, 2018 at 10:00 a.m., Workers’ Compensation Board, Central Office, 442 Civic Center Drive, Suite 100, Augusta, ME 04330
COMMENT DEADLINE: Thursday, December 6, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / BOARD RULEMAKING LIAISON: John Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station, Augusta ME 04333-0027. Telephone: (207) 287-7086. Email: John.Rohde@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 39-A MRS §§ 101, 209-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: www.maine.gov/wcb.
AGENCY: 18-553 – Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO)
CHAPTER NUMBER AND TITLE: Ch. 4 (New), Agency Liquor Store Relocation: Rules Governing the Process to Provide Input by Agency Liquor Stores in the Same Municipality of a Relocation Request
PROPOSED RULE NUMBER: 2018-P224
BRIEF SUMMARY: This new rule establishes a process to provide input by agency liquor stores in the same municipality of a relocation requested by an agency liquor store in that municipality.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
PUBLIC HEARING: No Public Hearing
COMMENT DEADLINE: December 12, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / BABLO RULEMAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Office: (207) 287-6750. Fax: (207) 287-6769. Email: Tim.Poulin@Maine.gov.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Professional Judgment, National Alcohol Beverage Control Association, State of Iowa Alcohol Control Division
STATUTORY AUTHORITY FOR THIS RULE: 28-A MRS §453-D
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULEMAKING LIAISON: Ian.Swanberg@Maine.gov.
AGENCY: 94-293 - Baxter State Park Authority
CHAPTER NUMBER AND TITLE: Chapter 1, Baxter State Park Rules and Regulations
PROPOSED RULE NUMBER: 2018-P225
BRIEF SUMMARY: Revising Rule 1.3 (All persons entering the Park by road or trail…) Rule 5.6 reads: Persons landing aircraft on permitted waters in the Park must register with Park HQ or a gatehouse in advance. Removing this text from Rule 1.3 simply removes redundancy and focuses aircraft-related information in Rule 5.
Rule 1.3:
Current Rule Text: “All persons entering the Park by road or trail must register their entrance at the first opportunity at a staffed gatehouse or self-registration station. Long Distance Hikers entering the Park for the purpose of hiking all or part of the Appalachian Trail must secure an AT-Katahdin Hiker Permit Card and register with Baxter State Park prior to hiking the Hunt Trail to or from Baxter Peak. Persons entering the Park on foot at any other location or landing aircraft on permitted waters in the Park must register with Park Headquarters or a gatehouse in advance.”
Revised Rule Text: “All persons entering the Park by road or trail must register their entrance at the first opportunity at a staffed gatehouse or self-registration station. Long Distance Hikers entering the Park for the purpose of hiking all or part of the Appalachian Trail must secure an AT-Katahdin Hiker Permit Card and register with Baxter State Park prior to hiking the Hunt Trail to or from Baxter Peak. All other persons entering the Park on foot at any other location or landing aircraft on permitted waters in the Park must register with Park Headquarters or a gatehouse in advance.”
PROPOSED RULE NUMBER: 2018-P226
BRIEF SUMMARY: Revising Rule 4.11 (The removal from, or introduction of natural objects, materials, plants, or animals… ) Restricting the personal harvest of wild foods to fiddleheads and berries is unnecessarily specific and restrictive.
Rule 4.11:
Current Rule Text: “The removal from, or introduction of natural objects, materials, plants or animals to, the Park is prohibited, with the exceptions that fish and other wildlife may be collected for personal use in authorized areas of the Park as defined in 3.1, 3.2, and 4.2, above and that berries and fiddleheads may be collected for personal use only. Gathering of berries or fiddleheads for sale or commercial purposes is prohibited.”
Revised Rule Text: “The removal from, or introduction of natural objects, materials, plants or animals to, the Park is prohibited, with the exceptions that fish and other wildlife may be collected for personal use in authorized areas of the Park as defined in 3.1, 3.2, and 4.2, above and that berries and fiddleheads wild edible or medicinal plants and mushrooms may be collected for personal use only. Gathering of berries or fiddleheads plants or mushrooms for sale or commercial purposes is prohibited.”
PROPOSED RULE NUMBER: 2018-P227
BRIEF SUMMARY: Revising Rule 4.12 (Research Studies and Commercial Media Projects within the Park…) To create an enforceable standard that mandates that those using the Park for commercial purposes shall be required to have a permit, and enable the Park to gather data regarding this type of Park use.
Rule 4.12:
Current Rule Text: “Research studies and Commercial Media projects within the Park require a special use permit issued by the Director. Requests for use of the Park for research studies must be submitted to the Director in writing nine (9) months in advance of the proposed research, except as expressly authorized by the Director.
Revised Rule Text: Research studies and Commercial Media projects within the Park require a special use permit issued by the Director. Requests for use of the Park for research studies must be submitted to the Director in writing nine (9) months in advance of the proposed research, except as expressly authorized by the Director. Commercial use activities within the Park require a commercial use permit issued by the Director.
PROPOSED RULE NUMBER: 2018-P228
BRIEF SUMMARY: Revising Rule 5.4 (No person may operate any vehicle within the Park…) Confusion over the proper channels to cite violators of this rule have led to BSP LE Rangers to cite violators based on the larger fee incurred, whether BSP Rule or state traffic law.
Rule 5.4:
Current Rule Text: No person may operate any vehicle within the Park so as to endanger any person or property, nor operate a vehicle in excess of 20 miles per hour, or the posted speed limit, whichever is less.
Revised Rule Text: None – Eliminate Rule 5.4
PUBLIC HEARING: No hearing scheduled at this time.
COMMENT DEADLINE: December 7, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / AGENCY RULEMAKING LIAISON: Georgia Manzo, Park Secretary, Baxter State Park, 64 Balsam Drive, Millinocket, ME 04462. Telephone: (207) 723-9500. Fax: (207) 723-6381. TTY: (207) 723-9905.Email: Georgia.Manzo@baxterstatepark.org.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: Baxter State Park Authority, Pursuant to 12 MRS §903.1
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: baxterstatepark.org .
AGENCY: 94-335 - Wells National Estuarine Research Reserve Management Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Rules for Public Use of the Wells Reserve
PROPOSED RULE NUMBER: 2018-P229
BRIEF SUMMARY: The Wells National Estuarine Research Reserve (“Wells Reserve”) was established under 15 Code of Federal Regulations, Part 921. The Wells National Estuarine Research Reserve Management Authority (the Authority) was established by the State legislature through passage of P&SL 1989 ch. #108 to manage the Wells Reserve. The Wells Reserve lands are maintained to provide undisturbed areas as a natural field laboratory and educational site. This includes the protection of the area for short and long-term research, education, and interpretation. The Wells Reserve is also maintained to protect fish, wildlife, and plant communities. Multiple uses including low intensity recreational uses are allowed to the extent that they do not conflict with the operation of the Wells Reserve for research and education.
The Authority is updating its rule that governs public use of the Wells Reserve to accomplish the following: Clarify and update existing language and correct it where necessary, enhance public safety and wildlife protection (prohibition of flying unmanned aerial aircraft), detail official points of public access and better define the one designated smoking and vaping area, and better protect the environment (prohibition against littering such as the release of balloons).
PUBLIC HEARING: none scheduled; one may be requested.
COMMENT DEADLINE: December 7, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / AUTHORITY RULEMAKING LIAISON: Paul Dest, Executive Director, Wells Reserve, 342 Laudholm Farm Road, Wells, ME 04090. Telephone: (207) 646-1555 ext. 124. Email: dest@wellsnerr.org.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: H.P. 1457 - L.D. 2031, An Act to Establish the Wells National Estuarine Research Reserve Management Authority. P&SL 1989 ch. 108 Section 2; Section 3 subsections 1-7; Section 5 subsections 8,9
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AUTHORITY WEBSITE: https://www.wellsreserve.org/.
AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping (repeal, and replace by): Ch. 4, Falconry; Ch. 16, Hunting; Ch. 17, Trapping
PROPOSED RULE NUMBERS: 2018-P230 thru P233
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing a complete repeal and replace of Ch. 4, hunting and trapping rules. The proposal creates a new Ch. 16, Hunting, a Ch. 17, Trapping, and a Falconry rule chapter which will remain as Ch. 4. The primary focus of the proposed rules is to address minor formatting issues, update information, fix inconsistencies between the rules and current statutory language, and the consolidation of redundant language. A complete copy of the proposal and a summary of substantive changes is available upon request to the agency rulemaking contact person below.
PUBLIC HEARING: Thursday, November 29, 2018 @ 5:30pm, Augusta Armory, Room 209, 179 Western Avenue, Augusta
COMMENT DEADLINE: December 10, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §10104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw.
AGENCY: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 27 (New), Animal Damage Control Agent Certificate
PROPOSED RULE NUMBER: 2018-P234
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife (IFW) is proposing a new rule to establish the agent certification process for its Animal Damage Control (ADC) Program. This rule will govern how IFW staff utilize ADC agents and how the agents function when dealing with human-wildlife conflicts. The rule establishes an application process, operating standards, and eligibility requirements. As part of the application process, prospective ADC agents must meet minimum experience and training requirements as well as submit to a background check. The expectations established in the proposed rule should provide consistent, safe, and reliable services to Maine’s citizens when resolving human-wildlife conflicts.
PUBLIC HEARING: Wednesday, November 28, 2018 @ 5:30 p.m., Augusta Armory, Room 209, 179 Western Avenue, Augusta
COMMENT DEADLINE: December 10, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 10105
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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. II & II Section 25, Dental Services
PROPOSED RULE NUMBER: 2018-P235
CONCISE SUMMARY: The rule is being proposed to bring clarity to service descriptions and limitations, to update dental procedure codes, add coverage for members diagnosed with cleft lip and palate beyond the one-time all-inclusive reimbursement for comprehensive orthodontic treatment, make permanent Registered Dental Hygienists’ scope of practice, add the University of New England College of Dental Medicine as a MaineCare authorized school of dental services, add Dental Therapists as a new provider type, as well as to make other changes described below.
The reimbursement section has also been updated for clarity. All non-covered codes have been removed from Ch. III; Code of Dental Procedures and Nomenclature (CDT) code additions, removals, and updates from the past few years have been added in Ch. III; and additional limits on CDT codes have been added and removed to be consistent with the most updated American Dental Association’s CDT manual and the MaineCare Benefits Manual Ch. II Section 25. This rulemaking also makes other technical edits for clarity.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: November 26, 2018 - 9: 00 a.m., Room 600, Burton Cross Building, 111 Sewall Street, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before November 18, 2018.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on December 6, 2018.
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Thomas M. Leet, Comprehensive Health Planner II, MaineCare Services, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4068. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Thomas.Leet@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS §§ 42, 3173; 32 MRS §18377
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/.
DHHS RULEMAKING 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. II Section 113, Non-Emergency Transportation (NET)
PROPOSED RULE NUMBER: 2018-P236
CONCISE SUMMARY:
a) Adds a definition for Appropriate Provider;
b) Adds description and procedures regarding School-based Specialized Transportation;
c) Provides clarification as to how a Broker determines the Type of transportation authorized for Members;
d) Further defines Child Safety Seat and Federally Approved Child Restraint Systems while also providing guidance on responsibility of providers in securing Members prior to and during transport;
e) Removes Covered Service which allowed for transportation to visit inpatient MaineCare Members;
f) Further clarifies procedures for Brokers in handling Member safety issues;
g) Adds modifiers for encounter codes to identify School-based transportation and Urgent trips;
h) Corrects and/or deletes outdated references and website addresses; and
i) Edits and minor language updates for clarification purposes.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: November 26, 2018 at 9:00 a.m., August Armory - 2nd Floor Conference Room, 179 Western Avenue, 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 22, 2018.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on December 6, 2018.
OMS CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Trista Collins, Comprehensive Health Planner II, MaineCare Services, 242 State Street - 11 State House Station Augusta, Maine 04333-0011. Telephone: (207) 624-4094. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Trista.Collins@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS §§ 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov.
AGENCY: 29-255 – Secretary of State, Maine State Archives
CHAPTER NUMBER AND TITLE: Ch. 10, Rules For Disposition of Local Government Records (Repeal)
PROPOSED RULE NUMBER: 2018-P237
BRIEF SUMMARY: Statutory authority for this rule is listed as: 5 MRS ch. 6 §95-B; 30-A MRS §1705. 30-A MRS §1705 has been repealed. 5 MRS ch. 6 §95-B does not cite anything specific to rulemaking but states: “Each local government official shall comply with the standards, procedures and regulations issued by the Archives Advisory Board.” We plan on continuing the local government standards and schedules regulated through the State Archivist and the Archives Advisory Board, as specified in statute. This is a request to repeal Ch. 10 rules.
DETAILED SUMMARY: The purpose of this filing is to repeal the Ch. 10 rule. Statutory authority for this rule is listed as: 5 MRS ch. 6 §95-B and 30-A MRS §1705. 30-A MRS §1705 has already been repealed. Title 5 Chapter 6 details the duties of the State Archivist. State and Local Government records encompass both of these duties. However, it has become increasingly more and more difficult to meet the needs and demands of our local government constituents and develop proper guidance and procedures required due to the nature of the extensive rulemaking process when there are already specific guidelines written in statute with which both state and local government agencies must comply. State agencies are allowed to submit new schedules and amendments to the Records Management office at any time and have their submissions reviewed in a timely manner. Local government agencies must wait for a very lengthy process for any changes to occur. We have found no basis for why the local schedules are handled differently than the state agency or general state schedules. We have looked at the history of both the Archives Advisory Board minutes, the prior Local Government Board and County Boards and have not found any concrete evidence as to why this was put in place other than to give towns and/or the public the opportunity for input. However, this is also accomplished by having an appointed Board made up of people from various backgrounds and having public meetings where local records are discussed.
Local governments will continue to comply with Local Government Schedules created and issued by the Maine State Archives and follow those schedules under 5 MRS ch. 6 §95-B, which states: “Each local government official shall comply with the standards, procedures and regulations issued by the Archives Advisory Board.” It is our plan to continue the local government standards and schedules regulated through the State Archivist and Board, as specified in statute. Ch. 10 Rules for Disposition of Local Government Records will be replaced with Local Government Schedules. There will be no disruption in services to the municipalities as this will be an immediate change. Comprehensive design and direction will remain much the same as current Ch. 10 rules. Our overall mission is to make this a more efficient and effective process for all parties involved. Schedules will continue to be posted to our website, we will send electronic or paper documentation upon request and we will provide guidance and assistance as we do now.
PUBLIC HEARING: None
COMMENT DEADLINE: December 7, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / ARCHIVES RULEMAKING LIAISON: Tammy Marks, Maine State Archives, 230 State Street – 84 State House Station, Augusta, ME 04333-0084. Telephone: (207) 287-5799. Email:Tammy.Marks@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS ch. 6 §95-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
ARCHIVES WEBSITE:https://www.maine.gov/sos/arc/.
AGENCY: 65-625 – Maine Public Utilities Commission (MPUC), Emergency Services Communications Bureau
CHAPTER NUMBER AND TITLE: Ch. 4 (New), Requirements for the Dispatch Center Consolidation Grant Program
PROPOSED RULE NUMBER: 2018-P238
BRIEF SUMMARY: The Public Utilities Commission initiates a proceeding to adopt a new rule to implement recently enacted legislation (PL 2017 ch. 428) that authorizes a grant program to assist dispatch centers consolidate into Public Safety Answering Points (PSAPs).
PUBLIC HEARING: November 26, 2018 at 1:00 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347
COMMENT DEADLINE: December 7, 2018. Written comments on the proposed rule should be filed using the Commission’s case management system. Comments may be filed until December 7, 2018. However, the Commission requests that comments be filed by close of business November 19, 2018, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2018-00307. All comments will appear in the Commission’s case management system which is accessible from the Commission’s website.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Paulina Collins, MPUC, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1566, Email: Paulina.Collins@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact.
STATUTORY AUTHORITY FOR THIS RULE: 25 MRS §2927 sub-§3-D, PL 2017 ch. 428
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine/mpuc.
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov.
AGENCY: 29-250 – Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 110, Non-Governmental Registration Agent and Resident Agent Requirements
PROPOSED RULE NUMBER: 2018-P239
BRIEF SUMMARY: The Bureau is proposing to modify the Non-governmental Registration Rule to allow the Bureau to authorize non-governmental agents to develop and use their own computer systems to process registrations. The rule also is being modified to clarify that certain training requirements also apply to resident agents.
DETAILED SUMMARY: This rule establishes the requirements for Non-governmental registration agents and resident agents pursuant to 29-A MRS §204. (Collectively, “registration agents.”) The rule sets forth requirements for training, equipment and software, reporting, inventory control, audit, and suspension and hearings for registration agents. A Non-governmental registration agent may be authorized to collect registration, title and related taxes and fees, and to issue registration credentials and indicia. A Non-governmental registration agent is authorized and required to transmit registration data to the Bureau of Motor Vehicles. A registration agent may be authorized to process motor vehicle registrations, and annual and long term trailer registrations. A registration agent may be authorized to have plate and validation inventory, and to issue motor vehicle credentials.
The rule is being amended to clarify the definitions of non-governmental registration agent and resident agent, to clarify certain training requirements, and to clarify certain office security requirements. The rule also is being amended to allow Non-governmental agents to develop their own compute processing systems with the permission of the Bureau of Motor Vehicles.
PUBLIC HEARING: November 29, 2018 @ 10 a.m. at the Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME
COMMENT DEADLINE: December 14, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Garry Hinkley, Director, Division of Vehicle Services, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9055. Email: Garry.Hinkley@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS §204
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BMV WEBSITE: http://www.maine.gov/sos/bmv/.
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov.
ADOPTIONS
AGENCY: 29-250 - Department of the Secretary of State (SOS), Bureau of Corporations, Elections and Commissions (CEC) - Division of Elections
CHAPTER NUMBER AND TITLE: Ch. 535, Rules Governing the Administration of Elections Determined by Ranked-Choice Voting
ADOPTED RULE NUMBER: 2018-230
CONCISE SUMMARY: This rule sets forth the procedures for the administration of elections determined by ranked-choice voting, including the collection, security and handling of ballots and memory devices between the municipal offices and the central counting facility; aggregating and counting the cast vote records; administering the rounds of ranked-choice counting to achieve a result; and reporting the results.
EFFECTIVE DATE: November 7, 2018
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Julie L. Flynn, Deputy Secretary of State, Bureau of Corporations, Elections and Commissions, 101 State House Station, Augusta, ME 04333-0101. Telephone: (207) 624-7736. Email: Julie.Flynn@Maine.gov.
SOS WEBSITE: http://www.maine.gov/sos/ .
CEC WEBSITE: http://www.maine.gov/sos/cec/index.html .
ELECTIONS WEBSITE: http://www.maine.gov/sos/cec/elec/index.html .
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 23, Developmental and Behavioral Evaluation Clinic Services
ADOPTED RULE NUMBER: 2018-231 (Emergency)
CONCISE SUMMARY: The Department of Health and Human Services (“the Department”) adopts this emergency rule pursuant to PL 2017 ch. 460, An Act Making Certain Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government. Part D-1 requires the Department increase the rates of reimbursement for Section 23, Development and Behavioral Clinic Services, to ensure a net increase in funding from fiscal year 2008-2009 to fiscal year 2018-2019 of two (2) % as long as no rates for a service is lower than the rate reimbursed as of January 1, 2018.
This rulemaking requires that the increase in reimbursement rates must be applied to wages and benefits for employees who provide direct services as required by Part D-2 of PL 2017 ch. 460. In compliance with the law, providers must ensure that the increase in reimbursement rates effective August 1, 2018, is applied in full to wages and benefits to employees who provide direct services. Providers must document compliance with this requirement in their financial records and provide such documentation to the Department upon request.
Through the Act, the Legislature determined that “these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety.” As such, the Act requires the Department to implement “immediate rate increases,” effective July 1, 2018. However, the Act did not become law until July 9, 2018, following a Legislative override of the Governor’s veto.
Because the Act involves MaineCare reimbursement, these rule changes are also governed by federal Medicaid law. 42 CFR §447.205(d) requires that public notice of changes in reimbursement for state plan services must “be published before the proposed effective date of the change.” (emphasis added). The Department published its notice of reimbursement methodology change for the Section 23 rates on July 31, 2018. Upon the advice of the Office of the Attorney General, the increased rates will be effective August 1, 2018, which effective date comports with the federal law requirement. Pending approval of the proposed changes to the Section 23 state plan amendment that were submitted to the Centers for Medicare and Medicaid Services, the increased rates will be implemented with an August 1, 2018 effective date.
Pursuant to the Legislative determination regarding the urgent need for these reimbursement increases, the requirements of 5 MRS §8054(1) are satisfied and emergency rulemaking is appropriate. Similarly, an August 1, 2018 retroactive effective date is necessary to implement these changes as soon as possible. The retroactive application comports with 22 MRS §42(8), which authorizes the Department to adopt rules with a retroactive application (where there is no adverse impact on providers or members) for a period not to exceed (8) calendar quarters.
To remedy the difference between the July 1, 2018 effective date set forth in the Act, versus the August 1, 2018 date that is permissible pursuant to federal Medicaid law, the Department has recalculated the annual appropriation of funds for this service into a temporary eleven month rate. As such, providers will, over the course of eleven months, receive equivalent aggregate payments as would have been received under a twelve month rate. Beginning on July 1, 2019, rates will be annualized (based upon a twelve month appropriation). This is not an effective rate decrease, but rather a redistribution of the annual appropriation over twelve months, rather than eleven months.
Pursuant to 5 MRS §8054, this emergency rule may be effective for up to ninety (90) days. The Department shall proceed with routine technical rulemaking to permanently adopt these rule changes.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: November 6, 2018
AGENCY CONTACT PERSON: Thomas M Leet, Comprehensive Health Planner II, 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. Email: Thomas.Leet@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISION: 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. II & III Section 2, Adult Family Care Services
ADOPTED RULE NUMBER: 2018-232 (Emergency)
CONCISE SUMMARY: The Department of Health and Human Services (“the Department”) adopts this emergency rule pursuant to PL 2017 ch. 460, An Act Making Certain Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (the “Act”), Part B-2. The Act requires the Department to amend its rules to increase reimbursement rates for adult family services, adult day services, and homemaker services for the fiscal year ending June 30, 2019, by ten percent (10%); and directs that MaineCare payment rates for state fiscal year ending June 30, 2020 be increased by an inflation adjustment cost-of-living percentage in accordance with the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index medical care services index from the prior December for professional services, nursing home and adult day care services. These cost of living increases shall continue annually until the Department has completed a rate study for adult family care services and the rates in the rate study have been implemented.
This rulemaking increases the rates for Adult Family Care Homes and Adult Family Care Homes “Remote Island”. The Act requires that the increased rates must be attributed directly to the wages and salaries of the professional staff delivering the personal care and related services to members. The Act also clarifies that the increased reimbursement rates shall not negatively affect members’ caps on services. As such, the Department implements changes in Ch. II Section 2, Sections 2.05-2 and 2.05-3 to clarify that the increased reimbursement provided herein shall not be counted towards members’ financial caps for services under Section 96 or under the waiver programs.
Through the Act, the Legislature determined that “these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety.” As such, the Act requires the Department to implement “immediate rate increases,” effective July 1, 2018. However, the Act did not become law until July 9, 2018, following a Legislative override of the Governor’s veto.
Because the Act involves MaineCare reimbursement, these rule changes are also governed by federal Medicaid law. 42 CFR §447.205(d) requires that public notice of changes in reimbursement for state plan services must “be published before the proposed effective date of the change.” (emphasis added). The Department published its notice of reimbursement methodology change for the Section 2 rates on July 31, 2018. Upon the advice of the Office of the Attorney General, the increased rates will be effective August 1, 2018, which effective date comports with the federal law requirement. Pending approval of the proposed changes to the Section 2 state plan amendment that were submitted to the Centers for Medicare and Medicaid Services, the increased rates will be implemented with an August 1, 2018 effective date.
Pursuant to the Legislative determination regarding the urgent need for these reimbursement increases, the requirements of 5 MRS §8054(1) are satisfied and emergency rulemaking is appropriate. Similarly, an August 1, 2018 retroactive effective date is necessary to implement these changes as soon as possible. The retroactive application comports with 22 MRS §42(8), which authorizes the Department to adopt rules with a retroactive application (where there is no adverse impact on providers or members) for a period not to exceed (8) calendar quarters.
To remedy the difference between the July 1, 2018 effective date set forth in the Act, versus the August 1, 2018 date that is permissible pursuant to federal Medicaid law, the Department has recalculated the annual appropriation of funds for this service into a temporary eleven-month rate. As such, providers will, over the course of eleven months, receive equivalent aggregate payments as would have been received under a twelve-month rate. Beginning on July 1, 2019, rates will be annualized (based upon a twelve-month appropriation). This is not an effective rate decrease, but rather a redistribution of the annual appropriation over twelve months, rather than eleven months.
Pursuant to 5 MRS §8054, this emergency rule may be effective for up to ninety (90) days. The Department shall proceed with routine technical rulemaking to permanently adopt these rule changes.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: November 6, 2018
AGENCY CONTACT PERSON: Anne E. Labonte, Comprehensive Health Planner II, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Anne.Labonte@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISION: Kevin.Wells@Maine.gov .
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