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Home > Weekly Rule-making Notices > June 25, 2014

June 25, 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: 16-633 – Department of Public Safety (DPS), Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 27, Rules of Practice and Procedure of Gaming Conduct
PROPOSED RULE NUMBER: 2014-P140 (re-proposal of 2013-P219)
BRIEF SUMMARY: This rule establishes procedures for the investigation and resolution of complaints received by the Gambling Control Board. This rule should be read in conjunction with the statutory provisions for adjudicatory proceedings in the Maine Administrative Procedure Act. The rule helps to ensure that the investigation and resolution of complaints is handled in an expeditious and procedurally fair manner.
DETAILED BASIS STATEMENT / SUMMARY: This rule establishes procedures for the investigation and resolution of complaints received by the Gambling Control Board. Complaints must be submitted in writing and the Department of Public Safety may initiate a complaint. Complaints will be investigated by the Department or its designee. A licensee must be notified of the content of the complaint and must respond to the Board in writing to contest the complaint or dispute the information forming the basis of the complaint. Complaints will be reviewed by a complaint committee, and then that committee will make a recommendation to the Board for further action. The licensee may be present for the complaint committee’s recommendation to the Board, but may not participate. The committee may recommend any action authorized by statute. If the Board determines that a notice of violation and proposed sanction should be sent to the licensee, the licensee will have the opportunity to request a hearing. Hearings will be conducted in accordance with the provisions of the Administrative Procedure Act.
PUBLIC HEARING: n/a
COMMENT DEADLINE: July 30, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Patrick J. Fleming, Gambling Control Board, 87 State House Station, Augusta, ME 04333-0087. Telephone: (207) 626–3901. E-mail: Patrick.J.Fleming@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA ch. 31 §1003
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dps/GambBoard/ .
RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .



AGENCY: 94-348- Maine Human Rights Commission (MHRC)
CHAPTER NUMBER AND TITLE:
Ch. 2, Procedural Rule
Ch. 3, Employment Regulations of the Maine Human Rights Commission
PROPOSED RULE NUMBER: 2014-P141, P142
BRIEF SUMMARY: The proposed changes to Ch. 2, "Procedural Rule", will allow parties to complaints to pay for mediations conducted through the Commission’s Third-Party Neutral Mediation Program. The proposed changes to Ch. 3, "Employment Regulations", completely repeal and replace the Rule. The changes update the Rule to include the employment provisions of the Maine Human Rights Act and provisions in the Equal Employment Opportunity Commission regulations interpreting Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. The intent of the new Rule is to have all of the Maine Human Rights Act employment requirements contained in a single document, and to create consistency between state and federal requirements where the underlying statutory provisions are substantively the same.
PUBLIC HEARING: None.
COMMENT DEADLINE: July 25, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Barbara Archer Hirsch, Commission Counsel, 51 State House Station, Augusta, ME 04333-0051. Telephone: (207) 624-6290. E-mail: Barbara.AcherHirsch@mhrc.maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 M.R.S. §4566(7)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mhrc/index.shtml .



AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 25.40, Green Crab Harvest Facilitation; Ch. 8.02, Compliance; & 8.20, Harvester Reporting Green Crabs
PROPOSED RULE NUMBER: 2014-P143, P144
CONCISE SUMMARY: This proposed regulation would improve the ability of individuals to collect and remove from coastal Maine waters the invasive and damaging green crab species. The considerable adverse effect of green crab predation on Maine’s valuable shellfish population has increased the importance of streamlining and improving DMR regulations regarding the harvest of green crabs.
The proposed regulations include: eliminating the restriction on the taking of green crabs as by-catch by licensed commercial lobster harvesters; no longer requiring a lobster/crab license holder to obtain a green crab-only license in order to sell green crabs; eliminating the harvester reporting requirement for green crabs; and clarifying requirements prohibiting harvesting green crabs at night and the usage of unapproved bait.
PUBLIC HEARING: Monday July 14, 2014. 1 p.m., Natural Resources Service Center - Room 106, 6 Beech Street, Hallowell, Maine. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: July 25, 2014. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Meredith Mendelson, Deputy Commissioner (207-624-6550). Mail Written Comments to: Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov . Agency Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6173
AGENCY WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 34, Groundfish Regulations: Recreational Cod and Haddock Federal Compliance Regulations (Regular concurrent rule-making)
PROPOSED RULE NUMBER: 2014-P145
CONCISE SUMMARY: In accordance with the New England Fisheries Management Council and for consistency with the National Marine Fisheries Service (NMFS) federal regulations effective May 1, 2014, the Department enacted emergency rule-making on May 15, 2014 for all persons aboard charter, party and recreational fishing vessels operating in state waters regarding cod and haddock. For recreational cod fishing, the minimum fish size increases from 19 inches to 21 inches and the closed season is increased by two months and is now September 1, 2014 through April 14, 2015. For recreational haddock fishing, the daily per angler bag limit decreases from an unlimited amount to three fish per day and the closed season increases by four months and is now September 1 through November 20, 2014 and March 1 through April 30, 2015.
This proposed rule-making would make that emergency rule-making permanent.
The recreational catch of both Gulf of Maine cod and haddock exceeded the catch limit in place for FY 2013. Because the FY 2013 recreational overage was substantial, significant changes in management measures were deemed necessary by NMFS to ensure the recreational fishery does not exceed its catch limit again in FY 2014. A very small bag limit was deemed required to sufficiently reduce recreational haddock catch and prevent additional quota overages. Analysis shows that many anglers encounter and keep only small numbers of haddock. The available information for FY 2013 shows that, on average, less than one haddock was kept per angler.
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: July 25, 2014. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Kevin Rousseau (tel: 207-624-6550). Mail Written Comments to: Department of Marine Resources, attn.: K. Rousseau, 21 State House Station, Augusta, ME 04333. Fax: (207) 624-6573. TTY: (207) 624-6500 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov . Agency Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171
AGENCY WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


ADOPTIONS


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1-A, State Heritage Fish Waters (New)
ADOPTED RULE NUMBER: 2014-121
CONCISE SUMMARY: In accordance with Title 12 §12461, the Department of Inland Fisheries and Wildlife has adopted a list of lakes and ponds identified as State Heritage Fish waters. The law also prohibits the Commissioner from stocking or issuing permits to stock fish and prohibits the use or possession of live fish as bait on these waters. Some of the waters may be restricted to the use of artificial lures only or limited to fly fishing only; others will have a “no live fish as bait” (S-4) regulation.
A copy of the list may be obtained from the agency contact person listed below.
EFFECTIVE DATE: June 23, 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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Amendment to Ch. 1, Open Water and Ice Fishing Regulations (Fish River Excluding Throughfares)
ADOPTED RULE NUMBER: 2014-122
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted the following regulation:
Fish River Excluding Throughfares (note: bullet 4 in current rulebook) - From the Fish River Falls in Fort Kent downstream to the St. John River: S-6, S-13, S-16. Closed to the taking of live baitfish. From October 1 - March 31: S-6, S-7, S-13, and open to the taking of muskellunge.
This rule will be in effect for the 2014 open water season and will be printed in the 2015 Maine Open Water and Ice Fishing regulations booklet and posted on the Department’s website at: http://www.maine.gov/ifw/laws_rules/fishing/index.htm .
EFFECTIVE DATE: June 23, 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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose Hunting (K. Open and Closed Season)
ADOPTED RULE NUMBER: 2014-123
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended the rule that provides for a controlled moose hunt during a specific period between August 15 and December 31, 2014 in designated areas in Aroostook County. The hunt is by permit only to 25 eligible disabled veterans in cooperation with the Maine Department of Defense, Veterans and Emergency Management, Bureau of Veterans Services. The purpose of the controlled moose hunt is to reduce moose numbers in specific areas where they are causing crop damage.
A complete copy of the rule may be obtained by contacting the Agency Contact Person listed below.
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 of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 20, Home and Community-Based Services for Adults with Other Related Conditions.
ADOPTED RULE NUMBER: 2014-124
CONCISE SUMMARY: The rules have been amended to make a number of clarifications and technical changes, as follows:
* Clarification of the prioritization categories for members on the waitlist for Section 20 services;
* Clarification that the rate for the Community Support service includes the cost of transportation, i.e., that transportation costs are a component of the rate paid for the service;
* Clarification that a member may receive some 1:1 direct care under the Home Support service, and that the need for 1:1 support must be specified in the care plan; and,
* Clarification that Assistive Technology devices and Communication Aids will be reviewed based on medical necessity, efficiency and compatibility with safety needs.
Additionally, the Department made changes to comply with amendments to the Section 20 waiver program that were approved by the Centers for Medicare and Medicaid (CMS) on May 5, 2014. These include the following:
* An increase in the limit for the Community Support and Work Support services from 64 units each to allowing the member a combination of 128 units of either service, subject to an annual limit of 6,656 units on the total combined expenditures for both services;
* An increase in the limit for the Home Support – Remote Support service from 44 units per day to 64 units per day;
* An increase in the limit for the Home Support-Quarter Hour service from 44 units per day to 64 units per day;
* An increase in the limit for Communication Aids from $2,000.00 to $6,000.00 per year;
* An increase in the limit for the Care Coordination service from 144 units to 400 units per year;
* Clarification that the Consultation service is limited to 64 units per each type of consultation annually;
* Clarification that Remote Support-Interactive Support and Remote Support-Monitor are two separate components of Remote Support and are reimbursed separately; and,
* The addition of Licensed Speech Language Pathologists (SLP) as qualified providers of Communication Aids.
The Department made numerous changes to the Final Rule from the Proposed Rule, in response to comments, and also on the advice of the Office of the Attorney General. A list of the changes and the reasons for the changes can be found in the document, “Summary of Comments and Responses.”
A public hearing was held on April 15, 2014. The comment deadline was April 25, 2014. This change is not expected to have an adverse effect on the administrative burdens of small businesses.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: July 1, 2014
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4048. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Ginger.Roberts-Scott@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



(APA Office Note: filing 2014-125 concerns an amendment to a Land Use Guidance Map under the Department of Agriculture, Conservation and Forestry, Land Use Planning Commission (01-672 Ch. 10). These two-page items are filed but not published by the APA Office.)



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. 5, Limit of Debt; Bar Against Collection (19-A M.R.S. §2302); SSI
ADOPTED RULE NUMBER: 2014-126
CONCISE SUMMARY: This rule-making corrects "orphaned" references inadvertently left in place by a previous rule-making and clarifies some of the terms in the bar against collection of child support for certain responsible parents receiving public assistance or SSI.
DETAILED BASIS STATEMENT / SUMMARY: Under 19-A M.R.S. §2302, when a responsible parent receives public assistance for the benefit of his or her natural or adopted children living in his or her home, or receives supplemental security income (SSI), the responsible parent's support obligation is automatically suspended. A debt previously incurred under 19-A M.R.S. §2301 may not be collected from a responsible parent while that parent receives public assistance or SSI except that such a debt may be collected from non-recurring lump sum income, as defined in 22 M.R.S. §3762(11)(A), of a responsible parent while that parent is an assisted obligor. According to this statute, lump sum income includes, but is not limited to, federal or state tax refunds, lottery winnings, inheritances, personal injury awards and workers' compensation or other insurance settlements.
This rule-making eliminates some "orphaned" references that were inadvertently left behind in a previous rule-making, clarifies that the responsible parent must be receiving public assistance for children residing in his or her home to qualify for an automatic suspension of the child support obligation, adds a link to a website containing forms to be used by parents wishing to modify an order decided pursuant to this statute/rule, and makes clear that exemptions to attachment for debts noted in 14 M.R.S. §4422(14) do not apply to child support debt (as decided in Madore v. Madore, CUMSC-CV-94-1236 (Me. Super. Ct., Cum. Cnty., Mar. 21, 1996)). Other changes are minor alterations in the wording of the rule, for clarity.
EFFECTIVE DATE: June 29, 2014
AGENCY CONTACT PERSON: Tracy Quadro, Staff Counsel, DHHS/DSER, 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 .