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Home > Weekly Rule-making Notices > June 11, 2014

June 11, 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: 18-553 – Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 20, Powerball Rules
PROPOSED RULE NUMBER: 2014-P133
BRIEF SUMMARY: This amendment updates the existing rules governing the draw jackpot game Powerball for the Power Play option of the game. This amendment adds back the random multiplier for Power Play of 2, 3, 4 and 5 times the base prize amount for Power Play. In order to sell Powerball tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions of these rules for Powerball as required by Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Powerball game.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
PUBLIC HEARING: No Public Hearing
COMMENT DEADLINE: July 15, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Multi-State Lottery Association and Professional Judgment
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA §374 and 8 MRSA §372 sub-§2 ¶I
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 18-553 – Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 30, Hot Lotto Rules
PROPOSED RULE NUMBER: 2014-P134
BRIEF SUMMARY: This amendment updates the existing rules governing the draw jackpot game Hot Lotto. The amendment to the rules is necessary because of financial technical game changes to Hot Lotto as determined by the Multi-State Lottery Association. In order to sell Hot Lotto tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions for the major components of the rules for Hot Lotto as required by Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Hot Lotto game. The amendment makes other non-substantive changes consistent with MUSL rules.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
PUBLIC HEARING: No Public Hearing
COMMENT DEADLINE: July 15, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Multi-State Lottery Association and Professional Judgment
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA §374 and 8 MRSA §372 sub-§2 ¶I
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 18-553 – Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 50, Lucky for Life Rules
PROPOSED RULE NUMBER: 2014-P135
BRIEF SUMMARY: This amendment updates the existing rules governing the draw game Lucky for Life. The amendment to the rules is necessary because of major games changes to Lucky for Life as determined by the Lucky for Life Regional Game Agreement including a change to matrix to be 5 of 43 and 1 of 43; changing the odds for the Top Prize to 1:41,391,714; changing the overall odds to win a prize to 1:8.607; improving the second tier prize for a Match 5+0 to $25,000.00 per year for life; and providing a Cash Option for the top and second tier prizes. The Maine State Liquor and Lottery Commission must adopt uniform provisions and Maine specific provisions for the major components of the rules for Lucky for Life as required by the Lucky for Life Regional Game Agreement. The signatories of the Lucky for Life Regional Game Agreement are the governing body for the Lucky for Life game.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
ADDITIONAL: In order to sell Lucky for Life tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions of the rules for Lucky for Life as required by the Licky for Life Regional Game Agreement. The Lucky for Life Regional Game Agreement is the governing body for the Lucky for Life game.
PUBLIC HEARING: No Public Hearing
COMMENT DEADLINE: July 15, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Lucky for Life Regional Game Agreement and Professional Judgment
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA §374 and 8 MRSA §372 sub-§2 ¶I
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .




AGENCY: 10-144 – Department of Health and Human Services (DHHS), Division of Licensing and Regulatory Services
CHAPTER NUMBER AND TITLE: Ch. 114, Rules Governing the Reporting of Sentinel Events
PROPOSED RULE NUMBER: 2014-P136
BRIEF SUMMARY: For greater clarity and to avoid confusion, the proposed rule removes from Section 1 duplicate sentinel events that are also listed in Appendix A of the rules. Other changes delete the definitions of “hyperbilirubinemia” and “hypoglycemia”; add definitions of “injury” and “patient”; and move “incorporation by reference” from Section 1 to Section 8.9 of the rules. Section .3.3.2.2 adds “at a healthcare facility” and deletes “in an emergency department, ambulatory surgical facility, or end-stage renal disease facility”. Section 4.1 adds that the primary emphasis is to ensure effective corrective action. Section 8 adds failure to comply with the rules may result in an enforcement action. As necessary, the rules are renumbered and statutory citations added.
PUBLIC HEARING: No public hearing (unless requested by 5 interested persons who contact the agency contact person listed above. See 5 M.R.S. §8052(1)).
COMMENT DEADLINE: July 14, 2014 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kenneth Albert, RN, Esq., Director, Division of Licensing and Regulatory Services, 41 Anthony Avenue, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 287-9300; (800) 791-4080. Fax: (207) 287-5807. TTY Users: Dial 711 (Maine Relay). E-mail: Kenneth.Albert@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule is not expected to fiscally impact or create new recording burdens for health care facilities. This rule is not expected to yield new costs for municipal or county governments.
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. ch. 1684, Sentinel Events Reporting; 22 M.R.S. §42; and 22-A M.R.S. §205.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dhhs/dlrs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Support Enforcement and Recovery (DSER)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual: Ch. 14, Collection of Support Debt General Rules; and Ch. 15, Rules Relating to Alternative Method Collection-of-Support-Debt Mechanisms
ADOPTED RULE NUMBER: 2014-110
CONCISE SUMMARY: This rule-making implements the procedures set forth in 8 M.R.S. §§ 300-B and 1066, allowing DSER to collect child support debt from gambling winnings.
EFFECTIVE DATE: June 9, 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 .



AGENCY: 16-222 - Department of Public Safety (DPS), Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 4, Maine Motor Carrier Safety Regulation
ADOPTED RULE NUMBER: 2014-111 (Final adoption, major substantive)
CONCISE SUMMARY: This chapter - which applies to any interstate or intrastate common, contract, and private motor carrier that transports passengers or property in Maine - will ensure that Maine commercial vehicle regulations remain current with the rest of the nation and that Maine's roads are safe for the traveling public.
Specifically, through this rule-making, Federal regulations will be incorporated by reference into the regulation that will, among other things, prohibit CMV operators from text messaging while operating a CMV and from using a cell phone during such operation except in hands-free mode. In addition, through this rule-making the Maine State Police will be amending its rules governing motor carrier safety to provide that operators for intrastate motor carriers that operate less than 100 air miles from their regular place of business are subject to the provisions of 49 Code of Federal Regulations, Section 391.41 (2007), which prohibit the operation of a commercial motor vehicle by a person who has methadone or its metabolite in that person's body. Legal authority to enforce these provisions is necessary to avoid an immediate threat to the public health, safety or general welfare of persons on Maine roads.
FINDINGS OF EMERGENCY (per 5 MRSA §8054(2)): Promulgation of the regulation through emergency rule-making was originally necessary to ensure for the safety of the traveling public, as the Federal regulations that are incorporated by reference into the regulation among other things prohibit CMV operators from text messaging while operating a CMV and from using a cell phone during such operation except in hands-free mode. Emergency rule-making also ensured that the agency will timely update the regulation in accordance with PL 2011, c. 455, Sec. 2, which requires the Maine State Police to amend its rules governing motor carrier safety to provide that operators for intrastate motor carriers that operate less than 100 air miles from their regular place of business are subject to the provisions of 49 Code of Federal Regulations, Section 391.41 (2007) that prohibit the operation of a commercial motor vehicle by a person who has methadone or its metabolite in that person's body.
EFFECTIVE DATE: July 5, 2014
AGENCY CONTACT PERSON: Lt. Shawn D. Currie, Department of Public Safety, Maine State Police, 45 Commerce Drive, Suite 1 42 State House Station Augusta, ME 04333-0042. Telephone: (207) 624.8932. E-mail: Shawn.D.Currie@Maine.gov .
WEBSITE: http://www.maine.gov/dps/msp/ .
RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .



AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
CHAPTER NUMBER AND TITLE: Ch. 300, Certification Standards for Municipal Code Enforcement Officers and Third-Party Inspectors
ADOPTED RULE NUMBER: 2014-112
CONCISE SUMMARY: This chapter establishes the standards and procedures that the Office of Community Development uses to certify and recertify local code enforcement officers, local plumbing inspectors, municipal building officials, and third-party building inspectors, as required by 30-A MRSA §4451 and 10 MRSA ch. 1103. The Office proposes amending its rule to incorporate law changes and amend certification standards for the Maine Uniform Building and Energy Code.
EFFECTIVE DATE: June 8, 2014
AGENCY CONTACT PERSON: Deborah Johnson, Director, DECD, Office of Community Development, 59 State House Station, Augusta ME 04333-0059. Telephone: (207) 624-9817. E-mail: Deborah.Johnson@Maine.gov .
WEBSITE: http://www.maine.gov/decd/ .
DECD RULE-MAKING LIAISON: Douglas.Ray@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 97, Private Non-Medical Institution Services
ADOPTED RULE NUMBER: 2014-113 (Final adoption, major substantive)
CONCISE SUMMARY: This final adopted major substantive rule eliminates Private Non-Medical Institution Services (PNMI), Appendix D (Child Care Facilities), Model 3 ("Intensive Mental Health Services for Infants and/or Toddlers") reimbursement rate. In a separate rule-making, the Department permanently adopted the elimination of PNMI, Appendix D, “Child Care Facilities”, Model 3, “Intensive Mental Health Services for Infants and/or Toddlers”, effective October 11, 2013. Although eligible infants and toddlers no longer have access to PNMI Appendix D, Model 3, "Intensive Mental Health Services", they remain eligible for medically necessary Behavioral Health Services through Ch. II Section 65, Behavioral Health Services.
Additionally, the rule corrects prior rules and amends the reimbursement rates for PNMI, Appendix D, “Child Care Facilities” to agree with the correct rates configured in the MaineCare claims system. The rates in the prior rules were lower than the correct rates.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents
EFFECTIVE DATE: June 30, 2014
AGENCY CONTACT PERSON: Ann O'Brien, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4405. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Ann.Obrien@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 870, Late Payment Charges, Interest Rates to be Paid on Customer Deposits, and Charges for Returned Checks
ADOPTED RULE NUMBER: 2014-114
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to Ch. 870, Late Payment Charges, Interest Rates to be Paid on Customer Deposits, and Charges for Returned Checks, to establish a just and reasonable interest rate for customer deposits.
EFFECTIVE DATE: June 7, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Paula J. Cyr, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/ .