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Home > Weekly Rule-making Notices > February 5, 2014

February 5, 2014

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 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MLC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #03-14
PROPOSED RULE NUMBER: 2014-P015
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: February 21, 2014, Friday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: February 21, 2014
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
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services - MRS)
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2014
PROPOSED RULE NUMBER: 2014-P016
BRIEF SUMMARY: Maine Revenue Services (MRS) is proposing to repeal and replace Rule 202. This is routine annual rule-making. Title 36 §576 requires the State Tax Assessor to annually determine 100% valuations per acre for each forest type by economic region for parcels under the Tree Growth Tax Law. The updated rule will be applicable to the 2014 tax year.
DETAILED BASIS STATEMENT / SUMMARY: Maine Revenue Services (MRS) is proposing to repeal and replace Rule 202. This is routine annual rule-making. Title 36 §576 requires the State Tax Assessor to annually determine 100% valuations per acre for each forest type by economic region for parcels under the Tree Growth Tax Law. The updated rule will be applicable to the 2014 tax year.
This rule incorporates current stumpage values into conventional and prevalent algorithms to determine the valuation of forestland by a classification and value averaging system that estimates the worth of forestland used for wood production excluding incremental value attributable to development potential.
PUBLIC HEARING: None.
COMMENT DEADLINE: March 7, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: David P. Ledew, Director, Property Tax Division, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-5601. E-mail: David.P.Ledew@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Adopting this rule will have a fiscal impact on municipalities. The FY 2014 appropriation to reimburse municipal claims for “taxes lost” due to the use of Tree Growth valuations on classified forestlands is $7,251,007.
STATUTORY AUTHORITY FOR THIS RULE: 36 M.R.S. §576
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/revenue/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 01-001 - Department of Agriculture, Conservation & Forestry
CHAPTER NUMBER AND TITLE: Ch. 347, Maple Syrup Processing
PROPOSED RULE NUMBER: 2014-P017
BRIEF SUMMARY: Updating of the rules governing maple syrup production and sales per 2013 legislative directive. Clarification and updating of relevant sections including clarification of DACF and DHHS roles for licensing and inspections at agricultural fairs.
DETAILED BASIS STATEMENT / SUMMARY: Updating of the rules governing maple syrup production and sales per 2013 legislative directive. Clarification and updating of relevant sections including clarification of DACF and DHHS roles for licensing and inspections.
PUBLIC HEARING: February 27, 2014 – 9 a.m. – Deering Building, Room 233, AMHI Campus, Augusta, ME 04333
COMMENT DEADLINE: 5:00 p.m. March 7, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ronald Dyer, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7522. E-mail: Ron.Dyer@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 7 MRSA §§ 891-898
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dacf/index.shtml
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 18-674 – Department of Administrative and Financial Services (DAFS), Maine Board of Tax Appeals
CHAPTER NUMBER AND TITLE: Ch. 100, Maine Board of Tax Appeals Practice and Procedure
PROPOSED RULE NUMBER: 2014-P018
BRIEF SUMMARY: The Maine Board of Tax Appeals, while approving several amendments to Ch. 100 of its rules of practice and procedure, the public comment period for which closed on January 7, 2014, approved two additional amendments to those rules. The first is for the Board to retain the fee paid for an appeals conference in the event that the relevant appeal is withdrawn before the conference is held. The second is to clarify that: (1) when a party to an appeal requests that the Board Chair be recused, the Chair must designate another Board member who will determine whether or not the request shall be granted; but (2) the Chair may also recuse himself or herself from an appeal whenever the Chair believes that such recusal is appropriate.
DETAILED BASIS STATEMENT / SUMMARY: The Maine Board of Tax Appeals, while approving several amendments to Chapter 100 of its rules of practice and procedure, the public comment period for which closed on January 7, 2014, approved two additional amendments to those rules. The first is for the Board to retain the fee paid for an appeals conference in the event that the relevant appeal is withdrawn before the conference is held. The second is to clarify that: (1) when a party to an appeal requests that the Board Chair be recused, the Chair must designate another Board member who will determine whether or not the request shall be granted; but (2) the Chair may also recuse himself or herself from an appeal whenever the Chair believes that such recusal is appropriate.
PUBLIC HEARING: None
COMMENT DEADLINE: March 14, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / BOARD RULE-MAKING LIAISON: Robert A. Creamer, Chief Appeals Officer, Maine Board of Tax Appeals, 134 State House Station, Augusta, ME 04333-0134. Telephone: (207) 287-2866. E-mail: Robert.A.Creamer@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 36 M.R.S. §151-D(10)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/boardoftaxappeals/
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .


ADOPTIONS


AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #02-14
ADOPTED RULE NUMBER: 2014-012 (Emergency)
CONCISE SUMMARY: Minimum February 2014 Class I Price is $25.27/cwt. plus $1.35/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 $28.82/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm .
EFFECIVE DATE: February 2, 2014
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 106, Low Sulfur Fuel
ADOPTED RULE NUMBER: 2014-013
CONCISE SUMMARY: The Department has adopted amendments to its Ch. 106, Low Sulfur Fuel rule, to incorporate statutory requirements for the use of low-sulfur distillate and residual fuels which were enacted as part of Maine's effort to address federal visibility planning requirements at federal Class I areas
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/ .
EFFECTIVE DATE: February 3, 2014
AGENCY CONTACT PERSON: Jeffrey Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 323, Commercial Agricultural Production, Commercial Aquacultural Production, Commercial Fishing and Commercial Wood Harvesting
ADOPTED RULE NUMBER: 2014-014
CONCISE SUMMARY: This is routine annual rule-making. The Rule explains 36 MRSA §2013 as it pertains to the issuance of refunds and certificates of exemption to persons who are engaged in commercial agricultural production, commercial aquacultural production, commercial fishing, and commercial wood harvesting. The amendments update the Rule in order to reflect recent changes to the controlling statute, which applies to purchases made by commercial wood harvesting and commercial nurseries and greenhouses on or after July 1, 2013.
EFFECTIVE DATE: February 4, 2014
AGENCY CONTACT PERSON: David E. Bauer, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Support Enforcement and Recovery
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual: repeals and replaces internal Ch. 6, Maine Child Support Guidelines
ADOPTED RULE NUMBER: 2014-015
CONCISE SUMMARY: This rule-making updates the Maine Child Support Guideline Table in response to the mandatory review performed by the Muskie School in 2012 to reflect cost of living changes in the amount necessary to support children through emancipation.
EFFECTIVE DATE: February 8, 2014
AGENCY CONTACT PERSON: Tracy Quadro, Staff Counsel, 11 State House Station, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-6983. E-mail: Tracy.Quadro@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .