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May 14, 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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey (2. Fall Season)
PROPOSED RULE NUMBER: 2014-P114
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife is proposing to amend the fall wild turkey hunting season by opening Wildlife Management Districts 10, 11 and 19 to turkey hunting in the fall. Only one turkey may be harvested in these districts during the fall season. Wild turkeys may be harvested during the fall season with bow and arrow and shotguns of certain gauges and shot sizes only. Legal hunting time is ˝ hour before sunrise to ˝ hour after sunset.
For a complete copy of the proposed rule, please contact the agency contact person listed below.
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: June 13, 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 §11701
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .



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. II & III Section 35, Hearing Aids & Services
PROPOSED RULE NUMBER: 2014-P115
CONCISE SUMMARY: This rule is being proposed to add digital hearing aids as a covered service for eligible members through MaineCare. These changes reflect current industry standards and ensure compliance with the federal requirements for Early and Periodic Screening, Diagnostic and Treatment Services, pursuant to 42 U.S.C. §§ 1396a(a)(43) and 1396d(r), and 42 CFR §§ 440.110 and 441.56. This rule requires that providers use the State of Maine Division of Purchases’ vendors that are contracted through the Hearing Aid Procurement Program as the sole suppliers of all digital hearing aids for MaineCare members under the age of 21. Contracted hearing aid vendors and pricing information can be found at: http://www.maine.gov/purchases/contracts/hearingaids.shtml .
The Department also proposes the following changes:
a) Adding digital hearing aid codes V5246, V5252, V5253, V5256, V5257, V5260, and V5261;
b) Allowing current dispensing fee codes V5090, V5110, V5160, V5200, V5240, and V5241 to be billed for digital hearing aids; and 
c) Adding a definition for Prior Authorization.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: June 2, 2014 - 12:00 p.m. - Room 110, 19 Union Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before May 26, 2014.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 12, 2014
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Cari Bernier, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4031. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Cari.Bernier@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: 42 U.S.C. §§ 1396a(a)(43) and 1396d(r), and 42 CFR §§ 440.110 and 441.56
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: 94-434 - Maine Educational Loan Authority (MELA)
CHAPTER NUMBER AND TITLE: Ch. 1, Supplemental Education Loan Program Rules
PROPOSED RULE NUMBER: 2014-P116
BRIEF SUMMARY: This proposed rule-making amends the Supplemental Education Loan Program Rules to make revisions to the repayment terms for the Authority’s regular loan programs and to the underwriting criteria for the consolidation loan program. The proposed amendment would: (1) expand the repayment term options to include immediate repayment of principal and interest, interest only payments, and full deferment of principal and interest for the Authority’s regular loan programs; and (2) modify the minimum annual income from $20,000 to $30,000 for the consolidation loan program to reflect current market conditions.
PUBLIC HEARING: No public hearing will be held. A public hearing would be held at the request of 5 or more people.
COMMENT DEADLINE: Friday, June 20, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MELA RULE-MAKING LIAISON: Shirley M. Erickson, Executive Director, Maine Educational Loan Authority, 131 Presumpscot Street, Portland, ME 04103. Telephone: (207) 400-3011. Fax: (207) 791-3616. E-mail: serickson@mela.net . Website: www.mela.net .
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA §11417 (1)(N)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):


ADOPTIONS


AGENCY: 99-650 - Combat Sports Authority of Maine
CHAPTER NUMBER AND TITLE: Part 1, Rules for Mixed Martial Arts: Ch. 12, Fees for Mixed Martial Arts Contests and Authorized Participants
ADOPTED RULE NUMBER: 2014-090 (Final adoption, major substantive)
CONCISE SUMMARY: These major substantive rules are promulgated in satisfaction of the Authority's obligations to adopt rules pursuant to 8 M.R.S. §523 elaborating the Legislature's regulatory scheme for mixed martial arts competitions in the State. The Authority is required to finance that regulatory activity by imposing fees for event and authorized participants' certification. These rules establish those fees for mixed martial arts competitions. The fees are a principal source of revenue from mixed martial arts events, and any surplus beyond operational costs accrues to the State pursuant to 8 M.R.S. §525.
EFFECTIVE DATE: June 6, 2014
AGENCY CONTACT PERSON / CSA RULE-MAKING LIAISON: Peter Bouchard, Chairperson, Combat Sports Authority of Maine, P.O. Box 10525, Portland, ME 04104. Telephone: (207) 956-0404. E-mail: info@csamaine.com .
WEBSITE: http://www.csamaine.com/ .



AGENCY: 99-650 - Combat Sports Authority of Maine
CHAPTER NUMBER AND TITLE: Part 2, Rules for Boxing: Ch. 13, Fees for Boxing Events and Authorized Participants
ADOPTED RULE NUMBER: 2014-091 (Final adoption, major substantive)
CONCISE SUMMARY: These major substantive rules are promulgated in satisfaction of the Authority's obligations to adopt rules pursuant to 8 M.R.S. §523 elaborating the Legislature's regulatory scheme for boxing competitions in the State. The Authority is required to finance that regulatory activity by imposing fees for event and authorized participants' certification. These rules establish those certification fees for boxing competitions. The fees are a principal source of revenue from boxing events, and any surplus beyond operational costs accrues to the State pursuant to 8 M.R.S. §525.
EFFECTIVE DATE: June 6, 2014
AGENCY CONTACT PERSON / CSA RULE-MAKING LIAISON: Peter Bouchard, Chairperson, Combat Sports Authority of Maine, P.O. Box 10525, Portland, ME 04104. Telephone: (207) 956-0404. E-mail: info@csamaine.com .
WEBSITE: http://www.csamaine.com/ .