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Home > Weekly Rule-making Notices > December 4, 2013

December 4, 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: 04-058 – Agriculture, Conservation and Forestry, Maine Forest Service
CHAPTER NUMBER AND TITLE: Ch. 20, Forest Regeneration and Clearcutting Standards
PROPOSED RULE NUMBER:  2013-285
DETAILED BASIS STATEMENT / SUMMARY: This rule amendment places Forest Operations Notification requirements in a new, separate rule, per legislative direction; updates definitions to reflect past rule changes in other chapters; removes the requirement that a licensed professional forester certify that regeneration standards have been met for Category 2 and Category 3 clearcuts; and, removes the requirement that a landowner file a report along with certification that the regeneration standards have been met for Category 2 and Category 3 clearcuts.
PUBLIC HEARING: None anticipated.
COMMENT DEADLINE: 5:00 p.m. local time, January 3, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Donald J. Mansius, Director, Forest Policy and Management, Maine Forest Service, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-4906. E-mail: Donald.J.Mansius@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 M.R.S. §8869, PL 2011, c. 532
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:  N/A
WEBSITE:  http://www.maine.gov/dacf/
E-MAIL FOR AGENCY RULE-MAKING LIAISON: mari.wells@maine.gov


AGENCY: 04-058 – Agriculture, Conservation and Forestry, Maine Forest Service
CHAPTER NUMBER AND TITLE: Ch. 26, Forest Operations Notification Standards
PROPOSED RULE NUMBER:  2013-P286
DETAILED BASIS STATEMENT /SUMMARY:  This rule amendment places Forest Operations Notification requirements in a new, separate rule, per legislative direction; provides an exemption for certified erosion control contractors under certain circumstances, and adds forestry activities in the LUPC jurisdiction and "chop and drop" activities to the notification process.
PUBLIC HEARING: None anticipated.
COMMENT DEADLINE: 5:00 p.m. local time, January 3, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Donald J. Mansius, Director, Forest Policy and Management, Maine Forest Service, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-4906. E-mail: Donald.J.Mansius@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 M.R.S. §8883-B, PL 2011, c. 532
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE:  http://www.maine.gov/dacf/
E-MAIL FOR AGENCY RULE-MAKING LIAISON: mari.wells@maine.gov


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: Chapter 6, Maine Child Support Guidelines
PROPOSED RULE NUMBER:  2013-P287
DETAILED BASIS STATEMENT / SUMMARY:  The rules governing Child Support Enforcement agencies are set up in part IV-D of the Social Security Act.  Maine DSER is a certified "IV-D" agency. Agencies designated under the Act as a IV-D child support enforcement agency must have a state plan in place that meets the requirements of 42 U.S.C. §654. Rules promulgated under the enabling statute include 45 C.F.R. § 302.56, which requires IV-D agencies to establish guidelines for setting child support awards as a condition of approval of their state plans. Under paragraph (e) of this rule, the state IV-D agency must review, and revise, if appropriate, the guidelines at least once every four years to ensure appropriate child support awards.
In 2011, DSER commissioned the Muskie School of Public Service to provide the most recent four-year review of the guidelines and make recommendations for appropriate changes, if any. In July of 2012, Muskie provided a report of its review and recommendations. The report recommended that the current support guidelines be updated to reflect changes found in the cost of raising children in Maine. The resulting table is presented here as a rulemaking so that the Maine Child Support Enforcement Manual reflects these recommended changes.
PUBLIC HEARING: None
COMMENT DEADLINE: January 3, 2014
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: 19-A M.R.S. § 2011
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 45 C.F .R. 302.56; 19-A M.R.S. Chapter 63
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 of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual:  Chapter III, Section 45, Hospital Services
PROPOSED RULE NUMBER:  2013-P288
BRIEF SUMMARY:  On November 15, 2013, the Department adopted an emergency rule which increased the MaineCare hospital supplemental pool for Acute Care Non-Critical Access hospitals, hospitals reclassified to a wage area outside Maine and rehabilitation hospitals, to $65.321 million, because the Legislature appropriated an additional $10.472 for this purpose.  P.L. 2013, ch. 368, PART A, Sec. A-34.  This rulemaking proposes to make the changes in the November 15, 2013 Emergency Rule permanent.
See http://www.maine.gov/dhhs/oms/rules/index.shtml  for rules and related rulemaking documents.
PUBLIC HEARING:  December 23, 2013, 8:30 AM, Conference Room 1, 242 State St, Augusta, ME 04330
The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before 12/13/13.
COMMENT DEADLINE: Comments must be received by midnight, Thursday, January 2, 2014. 
AGENCY CONTACT PERSON FOR THIS FILING:  Rachel Thomas, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011, Telephone: (207) 287-6124 FAX: (207) 287-9369 TTY: 711 (Deaf or Hard of Hearing)
IMPACT ON MUNICIPALITIES OR COUNTIES:  The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:  None
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov


AGENCY: 16-222 - Department of Public Safety (DPS), Bureau of State Police
CHAPTER NUMBER AND TITLE: Ch. 2, Rules and Regulations Relating to Games of Chance
PROPOSED RULE NUMBER: 2013-P289
BRIEF SUMMARY: The current rule is being amended to provide a mechanism in the rule for distinguishing whether a certain type of game, a “game promotion,” qualifies as a game of chance.   The rule also is being amended to provide a description of how a “game promotion” differs from a game of chance.  
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: Friday, January 3, 2014 at 5 PM
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Lt. Scott W. Ireland, Maine State Police Special Investigations Unit, 164 State House Station, Augusta, Maine 04333-0164. Telephone: (207) 624-7211. E-mail: Scott.W.Ireland@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 17 MRSA §1843.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dps/msp/index.shtml .
DPS RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4.08, Falconry
PROPOSED RULE NUMBER: 2013-P290
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to amend current rules to provide for the effective allocation of permits to allow the limited take of Northern Passage Peregrine Falcons for use in falconry.  The Department is proposing to remove the two-year waiting period after having obtained a permit and also modify the selection process to ensure that applicants who have not before received a passage peregrine take permit are able to do so.
A detailed copy of the proposal may be obtained from the Agency Contact Person listed below.
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: January 3, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA Section 10104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/ifw/


ADOPTIONS: no adoption notices this week