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Home > Weekly Rule-making Notices > October 30, 2013

October 30, 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: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI), Division of Support Enforcement and Recovery
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual; Update to Ch. 1, 2
PROPOSED RULE NUMBER: 2013-P245
BRIEF SUMMARY: This rule-making changes portions of the Preliminary Statement (Ch. 1) and Definitions (Ch. 2) sections of the Maine Child Support Enforcement Manual to reflect recent changes in law, including the change in the definition of marriage, and to update other definitions that have not been edited in previous revisions.
DETAILED BASIS STATEMENT / SUMMARY: In 2011, the Maine State Legislature passed 19-A M.R.S. §650-A, which defined marriage as the legally recognized union of two people, and stated that gender-specific terms relating to the marital relationship or familial relationships must be construed to be gender-neutral for all purposes throughout the law. The changes made through this rule-making propose changes in the Preliminary Statement (Ch. 1) to reflect the mandate of this statute, and further updates the Definitions section of the Maine Child Support Enforcement Manual (Ch. 2) to make this and other necessary changes not included in past rule-makings.
PUBLIC HEARING: none
COMMENT DEADLINE: November 29, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tracy Quadro, Staff Counsel, 11 State House Station, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4100. Fax: (207) 287-6883. TTY: 711 Maine Relay. E-mail: Tracy.Quadro@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. §42(1); 19-A M.R.S. §§ 650-A and 2251, et seq. and the Maine Administrative Procedure Act.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, Rule 272P: Family-Related Income Limits: Part 4, Family-Related Budgeting, Section 2, Family-Related Income Limits
PROPOSED RULE NUMBER: 2013-P246
CONCISE SUMMARY: This proposed rule implements Public Law 2011 ch. 657, Part Z, §Z-1 (which amended 22 M.R.S. §3174-G, sub-§1, ¶E) to reduce the income limit for MaineCare coverage of parents and caretaker relatives from 133% to 100% of the nonfarm income official poverty line.
PUBLIC HEARING: Conference Room 110, 19 Union Street, Augusta, Maine on November 22, 2013, from 2-4 p.m.
DEADLINE FOR COMMENTS: November 30, 2013
AGENCY CONTACT PERSON: Lea Kendall, MaineCare 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) 624-4106. TTY: 711 (Maine Relay). E-mail: http://www.maine.gov/dhhs/ofi/ .
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(1), 3173; P.L. 2011 ch. 657, Part Z, §Z-1; Social Security Act §1902(a)(10)(i) (I), 42 U.S.C. §1396(a)(10)(A)(i)(I)
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Elver Reporting Requirements and Swipe Card System; ASMFC Eel Compliance Measures: Ch. 8, Landings Program; and Ch. 32, Eels
PROPOSED RULE NUMBERS: 2013-P247, P248
CONCISE SUMMARY: The proposed regulation would enact a swipe card reporting system for elver dealers and require dealers to maintain records of all elver transactions. The purpose of this portion of the proposed rule is to obtain more accurate and timely information on the amount of elvers caught or landed in Maine for use in fisheries management as well as to demonstrate the social and economic importance of marine resources to Maine. The swipe card system is also a more secure system in which harvesters and dealers cannot easily conduct transactions to sell or purchase illegal elvers.
The proposed rule would require elver harvester license holders to present a swipe card to be used by the dealer in order to record each transaction. It would also require dealers to report what they receive from harvesters on a weekly basis during the elver harvesting season using approved electronic reporting methods. Dealers will be required to provide their own computers for reporting (laptops or PC’s), but the reporting software and the swipe card readers/receipt printers will be provided by DMR. In addition, this rule would require elver dealers to maintain paper records for all elver transactions, including dealer-to-dealer transactions, for three years. Emergency rule-making was enacted earlier in 2013 that required elver dealers to report quantities on a weekly basis. Previously, elver dealer license holders were required to report information to DMR on a monthly basis. Weekly electronic reporting of elver landings will give the DMR timely and critical information for enforcement and resource protection of this valuable fishery. Finally, this rule would also update the reporting compliance section with license suspension authority that was enacted in state law as well as update the primary buyer permit language.
This regulation also makes amendments in order to come into compliance with the Atlantic States Marine Fisheries Commission’s (ASMFC) American Eel Management Board August 2013 approval of Addendum III to the Interstate Fishery Management Plan for American Eel. The State of Maine is mandated to implement and enforce fisheries management plans of the ASMFC under the Atlantic Coastal Fisheries Cooperative Management Act of 1993 (ACFCMA). These changes are reflected in this proposed new version of Ch. 32 Eels.
Addendum III establishes a 9” minimum size limit for recreational and commercial yellow eel fisheries, trip-level reporting for the commercial yellow eel fishery, a seasonal closure of silver eel fisheries, a 25 recreational fish per day creel limit, and measures to restrict the development of fisheries on pigmented eels. It also calls for the implementation of state-specific monitoring programs and provides recommendations for habitat improvements. States will be required to implement the Addendum’s measures by January 1, 2014. The Board’s actions respond to the findings of the 2012 benchmark stock assessment indicating the American eel population in U.S. waters is depleted. The stock has declined in recent decades and the prevalence of significant downward trends in multiple surveys across the coast is cause for concern. Many of these changes required by ASMFC are already implied in existing Maine law and regulations and therefore do not need to be changed. In some cases, Maine law and regulations are stronger than the new ASMFC compliance requirements.
A re-ordering and deletion of obsolete or redundant sections of Ch. 32 Eels are proposed in order to improve readability and compliance. Finally, closed areas for elver fishing are proposed to be added in Penobscot and Hancock County in order to clarify legal fishing boundaries in Ch. 32.03(1)(A). Little or no impact on legal elver harvesting is expected from these new area closures.
PUBLIC HEARINGS:
Yarmouth: November 18, 2013, 6:00 p.m., Yarmouth American Legion “Log Cabin,” 196 Main Street
Ellsworth: November 19, 2013, 6:00 p.m., Ellsworth Middle School (Cafeteria), 20 Forest Ave
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: December 2, 2013. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSONS: Heidi Bray (207) 633-9504 (for Elver Swipe Card System); Terry Stockwell (207) 624-6553 (for ASMFC Eel Compliance)
Mail Written Comments to: attn: K. Rousseau, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (877) 577-6690 (Deaf/Hard of Hearing). Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: dmr.rulemaking@maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6173, 6302-A, 6505-A; 6864(8)
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .



AGENCY: 94-293 - Baxter State Park
CHAPTER NUMBER AND TITLE: Ch. 1, Baxter State Park Rules and Regulations: Title 4.12, Resource Protection and Wilderness Preservation - Research; Title 5.5, Vehicles and Transportation - Motorized trail bikes and ATV’s; and Title 5.8, Vehicles and Transportation - Snowmobiles
PROPOSED RULE NUMBER: 2013-P249
BRIEF SUMMARY:
4.12: The incidents of requests by individuals and companies engaged in the commercial production and sale of media projects including still photography, video, and films to engage in production activities in Baxter Park has been increasing in recent years. The activities of these individuals and organizations is generally profit motivated and in contrast with the motivation of Park donor Percival Baxter and most Park visitors who are oriented toward the enjoyment of nature, wilderness hiking and exploration and time with family and friends. The implementation of an enforceable media permit requirement improves the ability of Baxter State Park to preserve the visitor experience and protect the resources of the park.
5.5: Section 5.5 of the Baxter State Park Rules refers to more specific language included in Section 5.8. This change adjusts section 5.5 to correctly refer to the proposed changes in section 5.8.
5.8: The current rule was developed before the emergence of ATV’s as a common and popular recreation and work vehicle. In terms of the park’s mission elements, the use of ATV’s is not considered differently than the use of snowmobiles on the frozen surface of lakes and ponds in Baxter State Park that are legally accessible by ATV’s. The proposed rule aligns the park rules of use for ATV owners and law enforcement officers.
PUBLIC HEARING: none
COMMENT DEADLINE: November 29, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Ada Angotti, Baxter State Park Authority, 64 Balsam Derive, Millinocket, ME 04462. Telephone: (207) 723-5140. E-mail: Ada.Angotti@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None. Proposed Baxter State Park rules changes 4.12, 5.5, & 5.8 will not impact any municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: Baxter State Park Authority
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.baxterstateparkauthority.com/index.htm .
AGENCY RULE-MAKING LIAISON: Ada.Angotti@Maine.gov .


ADOPTIONS


AGENCY: 02-039 - Department of Professional & Financial Regulation (PFR), Office of Professional & Occupational Regulation (OPOR), Real Estate Commission
CHAPTER NUMBER AND TITLE: Ch. 410, Minimum Standards of Practice
ADOPTED RULE NUMBER: 2013-252
CONCISE SUMMARY: The Commission removed the requirement that real estate brokerage advertising must contain the contact information for the agency; permits real estate brokerage advertising that appears or is sent via the Internet to comply with the requirement to prominently display the agency trade name either in the advertisement or be readily accessible and requires that the offering of an inducement be prominently displayed or presented and establishes specific requirements for an inducement sent via the Internet.
EFFECTIVE DATE: October 27, 2013
AGENCY CONTACT PERSON: Carol Leighton, Director, Office of Professional and Occupational Regulation, Real Estate Commission, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8520. E-mail: Carol.J.Leighton@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/real_estate/index.htm .
PFR RULE-MAKING LIAISON: Anne.L.Head@Maine.gov .



AGENCY: 18-553 - Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 40, Mega Millions Rules
ADOPTED RULE NUMBER: 2013-253
CONCISE SUMMARY: This amendment updates the existing rules governing the jackpot draw game Mega Millions. The amendment to the rules is necessary because of major game changes to the Mega Millions draw game as determined by the Multi-State Lottery Association. These changes include a change to the matrix to 5 of 75 and 1 of 15, changing the odds to 1:258,890,850 million; changing the overall odds to 1:14.71; and improving the second tier prize (Match 5+0) to $1,000,000.00. The Mega Millions Megaplier promotion will offer a chance to multiply by 2, 3, 4 or 5 times the Megaplier Set Prizes (normally paying $1.00 to $1,000,000.00) in a drawing. The Grand Prize payment option is now a graduated annual pari-mutuel basis or as a cash value option at the election of the player.
In order to sell Mega Millions tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions of the rules for Mega Millions as required by the Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Mega Millions game.
EFFECTIVE DATE: October 23, 2013
AGENCY CONTACT PERSON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



?AGENCY: 17-229 - Maine Department of Transportation (MDOT)
CHAPTER NUMBER AND TITLE: Ch. 306, Truck Size and Weight Limits on Maine's Interstate Highway System
ADOPTED RULE NUMBER: 2013-254
CONCISE SUMMARY: This Rule is being amended to eliminate the strict requirement in Section 306.03 (A) of the original Rule requiring that manufacturer's ratings for GVW, axle capacity, brake systems and other components not be exceeded on the Interstate. This amendment will allow vehicles that have been properly modified by a dealer or other qualified person to safely exceed the original manufacturer's ratings for gross vehicle weight, axle capacity, brake systems and other components to legally utilize Maine's Interstate Highways. It will make permanent the emergency amendment to Ch 306 that became effective on June 11, 2013.
EFFECTIVE DATE: October 27, 2013
AGENCY CONTACT PERSON: William A. Akins, Maine Department of Transportation, 16 State House Station, Augusta, ME 04333. Telephone: (207) 624-3020. E-mail: William.Akins@Maine.gov .
WEBSITE: http://www.maine.gov/mdot/ .
MDOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .