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Home > Weekly Rule-making Notices > April 2, 2014

April 2, 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: 02-360 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Professional Land Surveyors
CHAPTER NUMBER AND TITLE: Ch. 70, Continuing Education (repeal and replace)
PROPOSED RULE NUMBER: 2013-P300 (Revised)
BRIEF SUMMARY: The proposed replacement for Ch. 70 reduces the number of continuing education hours for renewal of a professional land surveyor’s license from 12 to 8 biennially. The proposed replacement retains: the list of topics approved for continuing education; the exemption to the continuing education requirement for licensees who are 65 years or older and practice less than 160 hours a year; the reduction in the total number of continuing education hours for an initial license and the record keeping/documentation of continuing education credits. The proposed replacement also clarifies that the 8 hours may be earned either by attending courses, programs, etc. or by instructional programs presented in an electronic or paper format.
The proposed rule is available at www.maine.gov/professionallicensing .
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Carol Leighton, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8520. E-mail: Carol.J.Leighton@Maine.gov .
PUBLIC HEARING: April 22, 2014, 9:30 A.M., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: May 2, 2014
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §18225
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OPOR RULE-MAKING LIAISON: Anne.L.Head@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/surveyors/index.html .



AGENCY: 01-015 - Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #05-14
PROPOSED RULE NUMBER: 2014-P047
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: April 24, 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: April 24, 2014
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / 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



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT:
Rule #275P, Low Cost Drugs for the Elderly and Disabled (DEL):
Ch. 333, Low Cost Drugs for the Elderly and Disabled (DEL): Section 2.1, Assets; Section 3, Continued Eligibility;
Ch. 332, MaineCare Eligibility Manual: Part 2 Section 13, Eligibility Periods/Reviews.
PROPOSED RULE NUMBERS: 2014-P048, P049
CONCISE SUMMARY: This rule proposes to include a liquid asset test of no more than $50,000 per person or $75,000 per couple in eligibility determinations for the Low Cost Drugs for the Elderly and Disabled program. This is the same asset test used for the Medicare Savings Program (MSP). It also changes the review period from 24 to 12 months and requires members to report financial changes within 10 days.
The Reference to DEL having a 24 month eligibility period in the MaineCare Eligibility Manual, Part 2 Section 13: Eligibility Periods/Reviews has been removed.
PUBLIC HEARING: April 24, 2014 at 9:00 a.m., Conference room 110, 19 Union Street, Augusta, ME.
DEADLINE FOR COMMENTS: May 4, 2014
AGENCY CONTACT PERSON: Lea Kendall, 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: Maine Relay 711. E-mail: Lea-Kendall@Maine.gov .
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), 254-D; 22 M.R.S. §3173
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
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 #267P: Chart 3.10, Premiums for HIV Benefit, Premium Increase for HIV/AIDS Waiver
PROPOSED RULE NUMBER: 2014-P050
CONCISE SUMMARY: This rule increases the monthly premium for certain individuals enrolled in the HIV/AIDS Waiver, [10-144 CMR ch. 101, MaineCare Benefits Manual, Ch. X Section 1, Benefit for People Living with HIV/AIDS], for 2014. For persons with income equal to or less than 150% of the Federal Poverty Level (FPL) the monthly premium remains at zero. The monthly premium for the period from January 1 to December 31, 2014, increases from $31.04 to $32.59 for people with income between 150.1% of the FPL up to and including 200% of the FPL, and from $62.07 to $65.17 for people with income between 200.01% and 250% of the FPL.
This rule results in changes to Chart 3.10, Premiums for HIV Benefit, of the MaineCare Eligibility Manual.
This rule also updates the grace period on nonpayment of premiums. The grace period extends through the last day of the twelve month enrollment period or 60 days from the first day of the month for which a payment is due, whichever is later.
This rule change is made necessary as a result of premium adjustments necessary to comply with federal lawand the waiver agreement between the Maine Department of Health and Human Services and the Centers for Medicare and Medicaid Services, through which this initiative is operated.
The rule will not be implemented until it has been adopted, properly filed with the Secretary of State and becomes effective in accordance with 5 M.R.S. §§ 8001, 8052, Maine Administrative Procedure Act.
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: May 4, 2014
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: Maine Relay 711. E-mail: Lea.Kendall@Maine.gov .
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, 3173; 42 U.S.C. §1396a et seq.
WEBSITE: http://www.maine.gov/dhhs/ofi/
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: Ch. III Section 67, Reimbursement Principals for Nursing Facilities
PROPOSED RULE NUMBER: 2014-P051
CONCISE SUMMARY: In this rule-making, the Department proposes 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.
This rule-making also:
(1) Removes the word “Care” from ‘Routine Care Cost Component” on pg. 3;
(2) MIHMS went live on 9/1/2010. Removes old language – from Section 41.2.3(D), regarding how sanctions were calculated in the period of time leading up to MIHMS implementation and language referring to MIHMS in the future tense.
(3) MIHMS went live on 9/1/2010. Removes old language – from Section 80.3.4, regarding how the “Direct Care Component” was calculated in the period of time leading up to MIHMS implementation and language referring to MHIMS in the future tense.
(4) Changes ‘Brain Injury’ to Acquired Brain Injury and ‘BI’ to ‘ABI’ on pages 71 and 72 to use the same definitions set forth in 22 M.R.S. §3086 and to be consistent with terminology utilized in Sec. 67, Ch. II.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Friday, April 25, 2014, 10:30 a.m., Conference Room #1, 221 State Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before April 14, 2014
DEADLINE FOR COMMENTS: Comments must be received by midnight May 5, 2014.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Derrick Grant, Legislative Liaison, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6931. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. §§ 42, 3173; Resolve 2013, ch. 72 (LD 1189)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 29-250 - Department of the Secretary of State
CHAPTER NUMBER AND TITLE: Ch. 950, Rules Governing the Use of Digital Signatures
PROPOSED RULE NUMBER: 2014-P052
BRIEF SUMMARY: These rules establish the criteria for implementing Digital Signatures in transactions involving a State Agency, in accordance with the Maine Digital Signature Act, 10 MRSA Ch. 1053, Part 13.
PUBLIC HEARING: none scheduled
COMMENT DEADLINE: May 2, 2014 CONTACT PERSON FOR THIS FILING / RULE-MAKING LIAISON: Barbara Redmond, Chief Deputy Secretary of State, 148 State House Station, Augusta, ME 04333. Telephone: (207) 626-8400. E-mail: Barbara.Redmond@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Peggy Schaffer, Small Business Advocate, address as above. E-mail: Peggy.Schaffer@Maine.gov.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Maine Digital Signature Act, 10 MRSA §9503
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/sos/ .



AGENCY: 01-017 - Department of Agriculture, Conservation and Forestry, Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 5, Tracks: Section 7, Horsemen’s Association Funding
PROPOSED RULE NUMBER: 2014-P053
BRIEF SUMMARY: This proposed rule establishes criteria as to what constitutes a “statewide” association of horsemen/women. Further, it proposes to adopt language found in 8 MRS §272-B identifying the funds where the “association” funding may be assessed and when payments are to be made to the “association”.
PUBLIC HEARING: None
WRITTEN COMMENT DEADLINE: must be received in the office by 5 p.m. May 2, 2014.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Henry W. Jackson, Executive Director, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-3221. Fax: (207) 287-7548. E-mail: Henry.Jackson@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES:
STATUTORY AUTHORITY: 8 M.R.S. §§ 263-A, 268, 272-B, 279-A and B
SUBSTANTIVE STATE OR FEDERAL LAW BAING IMPLEMENTED:
WEBSITE: http://www.maine.gov/dacf/harnessracing/index.shtml .
DEPARTMENT OF AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 01-017 - Department of Agriculture, Conservation and Forestry, Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 7, Racing: Section 8, Preference
PROPOSED RULE NUMBER: 2014-P054
BRIEF SUMMARY: This proposed rule change in Section 8 clarifies as to the preference date applied to a horse when being considered for entry into a qualifying race.
PUBLIC HEARING: None
WRITTEN COMMENT DEADLINE: must be received in the office by 5 p.m. May 2, 2014.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Henry W. Jackson, Executive Director, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-3221. Fax: (207) 287-7548. E-mail: Henry.Jackson@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES:
STATUTORY AUTHORITY: 8 M.R.S. §§ 263-A, 268, 279-A and B
SUBSTANTIVE STATE OR FEDERAL LAW BAING IMPLEMENTED:
WEBSITE: http://www.maine.gov/dacf/harnessracing/index.shtml .
DEPARTMENT OF AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 01-017 - Department of Agriculture, Conservation and Forestry, Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 9, Sire Stakes: Section 4, Performance Eligibility
PROPOSED RULE NUMBER: 2014-P055
BRIEF SUMMARY: The proposed rule change brings this chapter into compliance with the proposed change in Ch. 11, Medication and Testing.
PUBLIC HEARING: None
WRITTEN COMMENT DEADLINE: must be received in the office by 5 p.m. May 2, 2014.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Henry W. Jackson, Executive Director, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-3221. Fax: (207) 287-7548. E-mail: Henry.Jackson@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES:
STATUTORY AUTHORITY: 8 M.R.S. §§ 263-A, 268, 279-A and B
SUBSTANTIVE STATE OR FEDERAL LAW BAING IMPLEMENTED:
WEBSITE: http://www.maine.gov/dacf/harnessracing/index.shtml .
DEPARTMENT OF AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 01-017 - Department of Agriculture, Conservation and Forestry, Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 11, Medication and Testing: Section 2, Controlled Medication Program; Section 7, Antiulcer Medications; Section 8, Permitted Non-Steroidal Anti-Inflammatory Drugs (NSAIDs); Section 9, Androgenic-Anabolic Steroids (AAS)
PROPOSED RULE NUMBER: 2014-P056
BRIEF SUMMARY: The proposed rule change in Section 2 would move Phenylbutazone from the controlled medication program to Section 8. This proposed change in Section 7 establishes threshold concentrations for antiulcer medications. This proposed change to Section 8 changes the concentrations for threshold limits for the permitted non-steroidal anti-inflammatory drugs and establishes concentrations for threshold limits if more than one of the permitted non-steroidal anti-inflammatory drugs is used. This proposed rule in Section 9 establishes threshold concentrations for anabolic and androgenic steroids bringing our current rule into compliance with the recommended thresholds of the Association of Racing Commissions International.
PUBLIC HEARING: None
WRITTEN COMMENT DEADLINE: must be received in the office by 5 p.m. May 2, 2014.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Henry W. Jackson, Executive Director, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-3221. Fax: (207) 287-7548. E-mail: Henry.Jackson@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES:
STATUTORY AUTHORITY: 8 M.R.S. §§ 263-A, 268, 279-A and B
SUBSTANTIVE STATE OR FEDERAL LAW BAING IMPLEMENTED:
WEBSITE: http://www.maine.gov/dacf/harnessracing/index.shtml .
DEPARTMENT OF AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


ADOPTIONS


AGENCY: 94-335 - Wells National Estuarine Research Reserve Management Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Rules for Public Use of Wells Reserve
ADOPTED RULE NUMBER: 2014-051
CONCISE SUMMARY: The Wells Reserve needed to make clearer and more concise the rules first adopted in 1990 when the Wells Reserve Management Authority was established. We needed to change the language in setting fees to give us flexibility to establish the fees annually through a vote of the Board of Directors upon receiving the recommendation from the Reserve Director; and we needed to add language that would enhance public safety, such as prohibiting fires and overnight camping, and for visitors to remain on designated, signed and maintained walking trails.
EFFECTIVE DATE: March 30, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Paul M. Dest, Reserve Director, Wells National Estuarine Research Reserve Management Authority, 342 Laudholm Farm Road, Wells, ME 04090. Telephone: (207) 646-1555 ext. 124. E-mail: dest@wellsnerr.org .
WEBSITE: http://www.wellsreserve.org/ .



AGENCY: 29-250 – Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 103, Rules for Vehicle Dealers, Auctions, Transporters, Recyclers, Mobile Crushers and Loaners
ADOPTED RULE NUMBER: 2014-052
CONCISE SUMMARY: This rule establishes the requirements for licensing and for receipt of registration plates for vehicle dealers, persons in the business of conducting vehicle auctions, vehicle recyclers, mobile crushers, and holders of loaner and transporter plates. The rule sets forth required facilities, equipment, records and hours and describe required application procedures. The rule also establishes requirements for annexes and for secondary locations.
The rule is being amended to remove obsolete language regarding geographic limits on dealer secondary locations; and to update dealer training requirements by requiring training prior to licensure.
EFFECTIVE DATE: March 31, 2014
AGENCY CONTACT PERSON: Garry Hinkley, Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME 04333-0029. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Robert.O’Connell@Maine.gov .



AGENCY: 29-250 – Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 110, Non-Governmental Registration Agent Requirements
ADOPTED RULE NUMBER: 2014-053
CONCISE SUMMARY: This rule establishes the requirements for non-governmental registration agents pursuant to 29-A MRSA §204. The rule sets forth requirements for training, equipment and software, reporting, inventory control, audit, and suspension and hearings for registration agents. A registration agent may be authorized to collect registration, title and related taxes and fees, and to issue registration credentials and indicia. A registration agent is authorized and required to transmit registration data to BMV. A registration agent may be authorized to process motor vehicle registrations, and annual and long term trailer registrations. A registration agent may be authorized to have plate and validation inventory, and to issue motor vehicle credentials.
EFFECTIVE DATE: March 31, 2014
AGENCY CONTACT PERSON: Garry Hinkley, Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME 04333-0029. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Robert.O’Connell@Maine.gov .



AGENCY: 29-250 – Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 151, Rules Governing Enforcement of the Federal Heavy Vehicle Use Tax (HVUT)
ADOPTED RULE NUMBER: 2014-054
CONCISE SUMMARY: This rule sets forth the provisions for complying with the Federal Heavy Vehicle Use Tax in the State of Maine. Every state is required to enforce the provisions of the Federal Heavy Vehicle Use Tax as a part of their commercial vehicle registration program. Failure to do so, subjects a state to potential loss of up to 25 percent of their federal highway funds.
Motor vehicles registered for a gross weight of 55,000 pounds or more are subject to Federal Heavy Vehicle Use Tax. Owners of these vehicles are required to file annual Federal Heavy Vehicle Use Tax reports with the Internal Revenue Service. Registrants are then required to submit proof of Federal Heavy Use Tax payment to their state Motor Vehicle Department as a part of the vehicle registration process.
EFFECTIVE DATE: March 31, 2014
AGENCY CONTACT PERSON: Garry Hinkley, Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME 04333-0029. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Robert.O’Connell@Maine.gov .



AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #04-14
ADOPTED RULE NUMBER: 2014-055
CONCISE SUMMARY: Minimum April 2014 Class I price is $26.90/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 $30.35/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 30, 2014
AGENCY CONTACT PERSON / MMC RULE-MAKING LIAISON: 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 .



AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 32, Eels: 32.03, Commercial Harvesting Regulations; 32.35, Elver Quota System for 2014 Elver Season; 32.50, Mandatory Elver Dealer Meeting to Prepare for the 2014 Elver Season; 32.55, Elvers Returned to Permanent Facility
ADOPTED RULE NUMBER: 2014-056 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making in order to establish, implement and administer an elver individual fishing quota system in advance of the 2014 elver season in order to ensure that the elver fishery annual landings do not exceed the overall annual quota established by the Atlantic States Marine Fisheries Commission (ASMFC). The rule-making repeals the closure implemented in a previous emergency rule-making and establishes that the season will begin on April 6, 2014 at noon. In accordance with 12 M.R.S. §6575-B, sub-§8, it establishes the tributaries of the St. Croix River within which the use of fyke nets are prohibited. As authorized by 12 M.R.S. §6505-A, sub-§3-A, the rule-making establishes the overall annual quota for 2014, the amount of quota allocated to individuals licensed under 12 M.R.S. §6505-A, the formula by which the quota is allocated to those individual license holders, and the amount of quota allocated to individuals licensed under 12 M.R.S. §6302-A. In order to implement and administer the elver individual fishing quota system, it establishes the process by which individuals may obtain transaction cards, and specifies that the Department will deactivate the transaction card when an individual has met or exceeded the individual fishing quota which they are allocated. The rule-making establishes a mandatory meeting for elver dealers licensed under 12 M.R.S. §6864, to ensure that elver dealers understand their responsibilities for proper administration of the individual fishing quota system. Finally, the rule-making clarifies the existing requirement for elver dealers to bring elvers back to their permanent facility.
EFFECTIVE DATE: March 26, 2014
AGENCY CONTACT PERSON: Deirdre Gilbert, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6550. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov .
WEBSITE: http://www.maine.gov/dmr/rulemaking/
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.08, Falconry
ADOPTED RULE NUMBER: 2014-057
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted an amendment to the rule to provide for the effective allocation of permits to allow the limited take of Northern Passage Peregrine Falcons for use in falconry. The Department has removed the two-year waiting period after having obtained a permit and also modified 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 adopted rule may be obtained from the Agency Contact Person listed below.
EFFECTIVE DATE: March 31, 2014
AGENCY CONTACT PERSON / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rule #273A: Implementation of MAGI Eligibility Methodology
Part 1, General Information;
Part 2, Basic Eligibility Criteria;
Part 3, Categorically Needy Families with Children-related Coverage;
Part 3.5, Eligibility Group Requirements;
Part 4, Family-Related Budgeting;
Part 4.5, Budgeting for Eligibility Groups for Which MAGI-Based Methodology Applies;
Part 5, Children’s Health Insurance Program (CHIP) – Cub Care;
Part 5.5, Children’s Health Insurance Program (CHIP) – Cub Care;
Part 16, Assets;
Part 16.5, Assets;
Part 17, Income;
Part 17.5, Income;
Chart 6.5, Federal Poverty Level/MAGI 5% Reduction Calculation/Effective January 1, 2013;
Chart 8.5, Cub Care.
ADOPTED RULE NUMBER: 2014-058
CONCISE SUMMARY: This rule permanently adopts the emergency rules that implemented, effective January 1, 2014, the provisions of the Affordable Care Act related to MAGI Medicaid and CHIP eligibility. MaineCare will determine most nonelderly, nondisabled Medicaid and all CHIP eligibility by comparing the Modified Adjusted Gross Income (MAGI) income (based on the Internal Revenue Code, Section 36B) to the applicable income eligibility standard.
However, the MAGI financial eligibility methodologies will not be applied in the limited circumstances listed below:
A. For individuals who are MaineCare beneficiaries as of December 31, 2013, the MAGI financial eligibility methodologies will not be applied until March 31, 2014 or the next regularly scheduled renewal of eligibility determinations, whichever is later, as follows: (1) if the Member’s renewal date is between January 1 and March 31, 2014, the Department will first apply the MAGI eligibility rule. If the Member is not eligible under the MAGI rule, the Department will apply the non-MAGI eligibility rule. On April 1, 2014, the Department will re-determine MaineCare eligibility, using only the MAGI rule. (2) if the Member’s renewal date is between April 1 and December 31, 2014, for purposes of determining MaineCare eligibility for changes-in-circumstances, the Department will first apply the MAGI rule. If the Member is ineligible under the MAGI rule, the Department will apply the non-MAGI eligibility rule. On the Member’s renewal date, the Department will apply the MAGI rule.
B. For individuals who are requesting retroactive Medicaid coverage for months prior to January 1, 2014, the Department will apply the non-MAGI eligibility rule.
C. If the household income of an individual determined in accordance with the MAGI financial eligibility methodology contained in this rule results in financial ineligibility for Medicaid and the household income of such individual determined in accordance with 26 CFR 1.36B-1(e) is below 100 percent FPL, Medicaid financial eligibility will be determined in accordance with 26 CFR 1.36B-1(e).
In this rule-making, the Department is making changes to the following MaineCare Eligibility regulations in order to comport with MAGI: Parts 1, 2, 3, 4, 5, 16 and 17. The Department is also adopting the following new MAGI regulations: Parts 3.5, 4.5, 5.5, 16.5 and 17.5, Chart 6.5 and Chart 8.5.
EFFECTIVE DATE: March 31, 2014
AGENCY CONTACT PERSON: R.W. Bansmer, Jr., MaineCare Senior 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) 624-4105. TTY: Maine Relay 711. E-mail: Reinhold.Bansmer@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .