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Home > Weekly Rule-making Notices > December 11, 2013

December 11, 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: 94-089 - Maine Historic Preservation Commission
CHAPTER NUMBER AND TITLE: Ch. 815, Historic Preservation Revolving Loan Fund
PROPOSED RULE NUMBER: 2013-P291
BRIEF SUMMARY: The Historic Preservation Revolving Loan Fund has been established to provide funds to qualified nonprofit historic preservation organizations in the state of Maine for the purpose of acquiring endangered historic properties of local, state or national significance, as determined by the Commission. The properties are to be resold to new owners who agree to preserve, rehabilitate or restore the properties as necessary, subject to preservation easements or covenants held by the qualified organization. Proceeds from the sale, minus allowable costs, are returned to the Revolving Loan Fund.
DETAILED BASIS STATEMENT / SUMMARY: These rules establish guidelines for the application process and the administration of the Historic Preservation Revolving Loan Fund including the following: 1) procedures for identifying qualified nonprofit historic preservation organizations; 2) criteria for identifying endangered historic properties; 3) application procedures; 4) evaluation criteria; and 5) appeal procedures.
A copy of the rule may be obtained by contacting Kirk F. Mohney at the Maine Historic Preservation Commission.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: January 24, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION/RULE-MAKING LIAISON: Kirk F. Mohney, Assistant Director, Maine Historic Preservation Commission, 65 State House Station, Augusta, ME 04333-0065. Telephone: (207) 287-3811. Fax: (207) 287-2335. E-mail: Kirk.Mohney@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 5 §13056-F
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/mhpc/about_us/index.html .



AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Bureau of Revenue Services
CHAPTER TITLE AND SUBJECT: Ch. 323, Commercial Agricultural Production, Commercial Aquacultural Production and Commercial Fishing
PROPOSED RULE NUMBER: 2013-P292
CONCISE SUMMARY: Maine Revenue Services is proposing several amendments to Rule 323. This rule has been in place for many years; it addresses the issuance of sales tax refunds and certificates of exemption to persons who are engaged in commercial agricultural production, commercial aquacultural production and commercial fishing. The rule now needs to be updated in order to reflect recent changes to the controlling statute, Title 36 §2013, which will apply to commercial wood harvesting and to commercial nurseries and greenhouses as of July 1, 2013.
PUBLIC HEARING: None scheduled at this time.
COMMENT DEADLINE: January 17, 2014
AGENCY CONTACT PERSON: David Bauer, Tax Policy Analyst, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §§ 112, 2013
WEBSITE: http://www.maine.gov/revenue/ .
AGENCY RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 200, Metallic Mineral Exploration, Advanced Exploration and Mining
PROPOSED RULE NUMBER: 2013-P221 (major substantive) (comment deadline extended – originally published September 25, 2013)
BRIEF SUMMARY: This new rule is being proposed to implement the Maine Metallic Mineral Mining Act, 38 M.R.S. §490-ll et seq., and will repeal and replace the existing Ch. 200, Metallic Mineral Exploration, Advanced Exploration and Mining rule. The proposal updates Maine's mining regulations to provide a comprehensive application and permitting process for several types of mining activities, including exploration, advanced exploration and mining. On October 17, 2013, the Board of Environmental Protection (Board) held a public hearing on the Department's draft proposal, and additional testimony was received during the written comment period, which closed on October 28, 2013.
Following the close of the public comment period, the Board held the several deliberative sessions to discuss key issues raised by commenters. On December 3, 2013, the Board directed the Department to provide an opportunity for public comment on certain changes to the proposal that may be substantial, including provisions related to mining prohibitions, application information, financial assurance requirements, mining standards, and post-closure care requirements. Please note that the Department is not accepting additional comment on other portions of the proposal at this point in time. Copies of the changes to the rule for which additional public comment is being sought are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/ .
Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: None, the Department is scheduling an additional written comment period on certain changes to its proposal which may be considered substantial changes.
COMMENT DEADLINE: December 23, 2013, 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeffrey Crawford Maine Dept. of Environmental Protection 17 State House Station Augusta, ME 04333. Telephone: (207) 287-2647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THE RULE: Public Law 2011, Ch. 853, 38 MRS §490NN(1)(B)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


ADOPTIONS


AGENCY: 94-411 - Maine Public Employees Retirement System
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Retirement Plan
ADOPTED RULE NUMBER: 2013-295
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The amendments to the rule incorporate recent statutory changes to modernize the Plan by amending the provisions relating to qualification for retirement, early retirement reduction and cost-of-living adjustments. The amendments also incorporate recommendations of the PLD Advisory Committee regarding levels of member contributions.
EFFECTIVE DATE: December 9, 2013
AGENCY CONTACT PERSON / MainePERS RULE-MAKING LIAISON: Kathy J. Morin, Maine Public Employees Retirement System, 46 State House Station, Augusta, ME 04333-0046. Telephone: (207) 512-3108 . E-mail: Kathy.Morin@mainepers.org .
WEBSITE: www.mainpers.org



AGENCY: 94-411 - Maine Public Employees Retirement System
CHAPTER NUMBER AND TITLE: Ch. 702, Appeals of Decisions of the Executive Director
ADOPTED RULE NUMBER: 2013-296
CONCISE SUMMARY: The amendment clarifies the appeals process by eliminating duplicative and other unnecessary language and specifying: the burden of proof; typical hearing location; consequences of failing to appear; requirements for taking official notice; options for presenting expert testimony; responsibility for identifying and notifying interested persons; roles of the Appeals Clerk, System Advisor, and Board Counsel; and opportunities for introducing additional or rebuttal evidence. The amendment streamlines the appeals process by eliminating the requirement that transcripts must be requested; making the choice of appeals process irrevocable 10 days after the pre-hearing conference (unless the parties agree otherwise) rather than once the hearing has begun; permitting the Executive Director on post hearing reconsideration to articulate new grounds for affirming a decision adverse to an appellant and allowing the parties a reasonable amount of time to present additional evidence relevant to the reconsidered decision; requiring a party challenging a hearing officer's decision, in order for the party to be able to appear before the Board and make a statement in support of its position, to identify grounds that would permit the Board to reject the hearing officer's decision; and eliminating reconsideration of Board decisions.
EFFECTIVE DATE: December 10, 2013
AGENCY CONTACT PERSON: Michael J. Colleran, Maine Public Employees Retirement System, 46 State House Station, Augusta, ME 04333-0046. Telephone: (207) 512-3107. E-mail: Michael.Colleran@mainepers.org .
WEBSITE: www.mainepers.org .
MainePERS RULE-MAKING LIAISON: Kathy.Morin@mainepers.org .



AGENCY: 02-298 - Department of Professional & Financial Regulation (PFR), Office of Professional & Occupational Regulation (OPOR), Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 240, Standards of Professional Practice
ADOPTED RULE NUMBER: 2013-297
CONCISE SUMMARY: The board updated the standards of professional practice for licensed real estate appraisers from the 2012-13 edition of the Uniform Standards of Professional Practice to the 2014-15 edition of the Uniform Standards of Professional Practice. The Uniform Standards of Professional Practice are published by the Appraisal Standards Board of the Appraisal Foundation.
EFFECTIVE DATE: January 1, 2014
AGENCY CONTACT PERSON: Carol Leighton, Administrator, 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/appraisers/index.htm .
OPOR RULE-MAKING LIAISON: Anne.L.Head@Maine.gov .