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

March 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 - Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #04-14
PROPOSED RULE NUMBER: 2014-P033
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: March 20, 2014, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: March 20, 2014
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC 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, 7 MRSA 2954



AGENCY: 94-457 - Finance Authority of Maine (FAME)
PROPOSED RULE NUMBER: 2014-P034
CHAPTER NUMBER AND TITLE: Ch. 307, Maine Seed Capital Tax Credit Program, Amendment 8
BRIEF SUMMARY: The amendment implements the changes made by P.L. 2013, Ch. 438: lowers the credit to 50%; eliminates businesses that bring capital into the state as eligible, and creates a new eligibility category for value added natural resource enterprises; increases sales limits of participating companies; gives credit authority on an annualized, rather than cumulative basis, along with other minor changes. The amendment also creates a limited priority for credits to certain funds that earned a partial credit under prior law, for the balance of their credit due if they otherwise comply with applicable law.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: April 4, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / FAME RULE-MAKING LIAISON: Christopher Roney, General Counsel, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 620-3520. E-mail: croney@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: The amendment will not impose any costs on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA c.110, sub-ch.1 969-A(l4); sub-ch.9 1100-T
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FAME WEBSITE: http://www.famemaine.com/ .



AGENCY: 94-457 - Finance Authority of Maine (FAME)
PROPOSED RULE NUMBER: 2014-P035
CHAPTER NUMBER AND TITLE: Ch. 325, Maine New Markets Capital Investment Program, Amendment 3
BRIEF SUMMARY: The amendment adds a process to reallocate tax credit authority that has lapsed due to lack of use for two years, and modestly increased the application fee.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: April 4, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / FAME RULE-MAKING LIAISON: Christopher Roney, General Counsel, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 620-3520. E-mail: croney@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: The amendment will not impose any costs on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA 1100-Z, 5219-GG
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FAME WEBSITE: http://www.famemaine.com/ .



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: Ch. 12, Proceedings to Amend or Set Aside Administrative Decisions; Proceedings to Appeal Agency Action
PROPOSED RULE NUMBER: 2014-P036
BRIEF SUMMARY: This rule-making will update Ch. 12 of the Maine Child Support Enforcement Manual to clarify and reorganize the provisions governing the Administrative Appeal Process. It also updates the manual after changes made in 8 M.R.S. 300-B and 1066, establishing an offset of child support debt against certain gambling winnings.
DETAILED BASIS STATEMENT / SUMMARY: 19-A M.R.S. 2451 established procedures for an administrative review process for Departmental decisions regarding child support obligations. Ch. 12 of the Maine Child Support Enforcement Manual details those procedures and clarifies the processes for requests for hearings, Notice provisions and reviewable issues.
This rule-making updates Ch. 12 to add the procedures for the gambling offset established by 8 M.R.S. 300-B and 1066. It codifies the rights of the Custodial Parent to request a hearing in certain cases, which has been available but not clearly stated in past manual updates. This rule-making also incorporates clarifications made to the Notice of Debt process, as recently proposed in the Ch. 10 rule-making, published December 18, 2013. Finally, this rule-making reorganizes Ch. 12 for ease in reading and in quickly locating relevant sections and paragraphs.
PUBLIC HEARING: None.
COMMENT DEADLINE: April 4, 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: 22 M.R.S. 42(1); 19-A M.R.S. 2451; 8 M.R.S. 300-B and 1066
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 .


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 #03-14
ADOPTED RULE NUMBER: 2014-023 (Emergency)
CONCISE SUMMARY: Minimum February 2014 Class I price is $26.89/cwt. plus $1.25/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 $30.34/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: March 2, 2014
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
MMC WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .



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: Ch. 1, Preliminary Statement; Ch. 2, Definitions
ADOPTED RULE NUMBER: 2014-024
CONCISE 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 reflect the mandate of this statute, and further update the definitions section of the Maine Child Support Enforcement Manual (Ch. 2) to reflect other necessary changes not included in past rule-makings.
EFFECTIVE DATE: March 2, 2014
AGENCY CONTACT PERSON: Tracy Quadro, Staff Counsel, Department of Health and Human Services; Division of Support Enforcement and Recovery, 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 .



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: Ch. 10, Proceedings under 19-A M.R.S.A. 2352 (Notice of Support Debt) and 19-A M.R.S.A. 2359 (Expedited Income Withholding)
ADOPTED RULE NUMBER: 2014-025
CONCISE SUMMARY: This rule-making will update Ch. 10 of the Maine Child Support Enforcement Manual to clearly reflect the current status of Maine law and clarify procedures regarding the Notice of Debt.
DETAILED BASIS STATEMENT / SUMMARY: This rule-making updates and clarifies the procedures outlined in Ch. 10 of the Maine Child Support Enforcement Manual, "Proceedings under 19-A M.R.S.A. 2352 (Notice of Support Debt) and 19-A M.R.S.A. 2359 (Expedited Income Withholding)." The rule is being changed so that it more accurately reflects the procedures and requirements stated in the relevant statutes. This rule-making anticipates that clarifying the components and characteristics of the Notice of Debt will inform and simplify the adjudication of debts resulting from this process.
EFFECTIVE DATE: March 2, 2014
AGENCY CONTACT PERSON: Tracy Quadro, Staff Counsel, Department of Health and Human Services; Division of Support Enforcement and Recovery, 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 .



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 67, Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER: 2014-026 (Emergency)
CONCISE SUMMARY: In this emergency rule-making, the Department adopts the changes required by Resolve 2013, ch. 72 (LD 1189), to clarify the timeframe during which nursing facilities must demonstrate their compliance with the October 1, 2011 2% cost-of-living adjustment (COLA) for front line staff. If CMS approves, the following applies for the 2% October 2011 COLA that the Department gave to nursing facilities: nursing facilities must demonstrate, to the satisfaction of the Department, a 2% increase in the average wage and benefit rate per hour for front line employees for their first fiscal years ending after July 1, 2013, from the average wage and benefit rate per hour for front line employees that was in effect for their fiscal years ending 2008. If the nursing facilities cannot demonstrate that 2% increase to the satisfaction of the Department, then the Department will recoup, at time of audit, the difference between what the average wage and benefit rate per hour for front line employees for the first fiscal years ending after July 1, 2013 should have been if it had been increased by 2% from what it was.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: February 28, 2014
AGENCY CONTACT PERSON: Derrick Grant, Legislative Liaison, Office of MaineCare Services, Division of Policy, 242 State Street,11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6931. Fax: (207) 287-1864. TTY: 711 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .