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Home > Weekly Rule-making Notices > October 2, 2013

October 2, 2013

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS


AGENCY: 01-015 - Maine Milk Commission (MLC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #11-13
PROPOSED RULE NUMBER: 2013-P227
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .
PUBLIC HEARING: October 24, 2013, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Conservation and Forestry, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: October 24, 2013
AGENCY CONTACT PERSON/ SMALL BUSINESS INFORMATION / MLC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954



AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 920, Maine Model Building Energy Code
PROPOSED RULE NUMBER: 2013-P228
BRIEF SUMMARY: The Commission proposes to repeal Ch. 920, which sets forth the standards which made up the Maine Model Building Energy Code (MMBEC). This is pursuant to Public Law 2013, ch. 120, section 14.
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: November 4, 2013 - Written comments on the proposal to repeal this rule may be filed using the Commission's case management system no later than November 4, 2013. All comments will appear in the Commission's case management system which is accessible on the PUC website. Please refer to Docket No. 2013-00436 when submitting comments. Persons without electronic access may mail comments to Administrative Director, Maine Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Joanne Steneck, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-3831. E-mail: Joanne.Steneck@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104,121,111, 1301, Public Law 2003 ch. 645, and Resolve 2005 ch. 88
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 301, Food Supplement Program, Rule #182P: COLA and SUA Changes (FS-0001, FS-555-5 pages 1-11)
PROPOSED RULE NUMBER: 2013-P229
CONCISE SUMMARY: This rule makes permanent emergency rule #182E, COLA and SUA Changes, which implemented the updated cost of living and standard utility allowances, as determined and approved by USDA Food and Nutrition Services (FNS), for FFY 2014, as of October 1, 2013. Federal regulations 7 CFR 273.9(a), 273.10(e ) and 273.9(d) require that these standards be updated annually. There are also some minor adjustments to federal regulation citations to improve clarity.
PUBLIC HEARING: No hearing scheduled
DEADLINE FOR COMMENTS: November 1, 2013
AGENCY CONTACT PERSON: Karen L. Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4108. TTY: 711 (Maine Relay). E-mail: Karen.L.Curtis@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S. §§ 42, 3104
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 16-222 - Department of Public Safety (DPS), Maine State Police (State Bureau of Identification)
CHAPTER NUMBERS AND TITLES:
Ch. 14, Rules Relating to the Sex Offender Registration and Notification Act of 1999; Ch. 15, Rules Relating to the Sex Offender Registration and Notification Act of 2013
PROPOSED RULE NUMBERS: 2013-P230, P231
BRIEF SUMMARY:
Ch. 14 is being amended to add various definitions to the rule, as well as to state certain requirements applicable to photographs submitted by registrants to the State Bureau of Identification. The rule also accounts for a circumstance in which the duty of registrants’ to verify information pursuant to the law may be suspended.
Ch. 15 is being proposed to add various definitions to a new rule that will be applicable to the SORNA 2013, as well as to state certain requirements applicable to photographs submitted by registrants to the State Bureau of Identification. The new rule also will account for a circumstance in which the duty of registrants’ to verify information pursuant to the law may be suspended.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: November 1, 2013.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Matthew Ruel, Maine State Police, 45 Commerce Drive, Augusta, ME 04333-0042. Telephone: (207) 624-7241. E-mail: Matthew.R.Ruel@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 34-A MRSA §11204; 34-A MRSA §11274
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
STATE POLICE RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .
WEBSITE: http://www.maine.gov/dps/msp/ .


ADOPTIONS


AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #10-13
ADOPTED RULE NUMBER: 2013-224 (Emergency)
CONCISE SUMMARY: Minimum October 2013 Class I price is $22.45/cwt. plus $1.53/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $26.18/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm .
EFFECTIVE DATE: September 29, 2013
AGENCY CONTACT PERSON/ SMALL BUSINESS INFORMATION / MLC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: 207-287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 65, Behavioral Health Services
ADOPTED RULE NUMBER: 2013-225
CONCISE SUMMARY: This rule is permanently adopting the emergency rule that restores the reimbursement rates for Licensed Clinical Professional Counselors (LCPCs) and Licensed Marriage and Family Therapists (LMFTs) to levels in place prior to March 1, 2013 for MaineCare Benefits Manual, Ch. III Section 65, Behavioral Health Services, beginning July 1, 2013. The Legislature mandated this rule in P.L. 2013, Ch. 368 §WWWW-1 and authorized the Department to do emergency rule-making. This change in rates requires a State Plan Amendment to be approved by the Centers for Medicare and Medicaid Services (CMS). The Department will request approval of a State Plan Amendment.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: September 28, 2013
AGENCY CONTACT PERSON: Ann O'Brien, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Ann.Obrien@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING 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. 301, Food Supplement Program, Rule #182E: COLA and SUA Changes (FS-0001, FS-555-5 pages 1-11)
ADOPTED RULE NUMBER: 2013-226 (Emergency)
CONCISE SUMMARY: This rule implements annually updated cost of living (COLA) and standard utility allowances (SUA), as determined and approved by USDA Food and Nutrition Services (FNS), for FFY 2014. The COLA values for income guidelines, standard deductions, shelter cap, minimum and maximum allotments are determined by USDA FNS. The SUA values are based on changes in the CPI index from June to June and approved by FNS. There are also some minor adjustments to federal regulation citations to improve clarity. This rule will be effective as of October 1, 2013.
EFFECTIVE DATE: October 1, 2013
AGENCY CONTACT PERSON: Karen Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4108. TTY: 711 (Maine Relay). E-mail: Karen.L.Curtis@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .