March 20, 2013

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: There is also a list of rule-making liaisons, who are single points of contact for each agency.

PROPOSALS: no proposals this week


AGENCY: 94-649 - Maine Commission on Indigent Legal Services (MCILS)
CHAPTER NUMBER AND TITLE: Ch. 301, Fee Schedule and Administrative Procedures for Payment of Commission Assigned Counsel
CONCISE SUMMARY: This rule amends the MCILS fee schedule and administrative procedures for payment of Commission assigned counsel to raise the hourly rate paid to attorneys providing indigent legal services.
EFFECTIVE DATE: March 19, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: John D. Pelletier, Esq., Executive Director, Maine Commission on Indigent Legal Services, 154 State House Station, Augusta, ME 04333. Telephone: (207) 287-3254. E-mail: .

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2013
CONCISE SUMMARY: The rule fulfils the requirement that each year the State Tax Assessor determine 100% valuations per acre for each forest type by economic region for parcels under the Tree Growth Tax Law. This rule is applicable to the 2013 tax year. A copy of the statement of the economic impact on small business to be prepared by Maine Revenue Services pursuant to 5 MRSA §8052(5-A) with respect to the proposed Rule may be obtained after the close of the comment period and prior to the adoption of the proposed Rule by contacting the Agency Contact Person listed below.
EFFECTIVE DATE: March 19, 2013
AGENCY CONTACT PERSON: David P. Ledew, Director, Property Tax Division, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-5601. Fax: (207) 287-3618. E-mail: .

AGENCY: 18-674 - Maine Board of Tax Appeals
CHAPTER NUMBER AND TITLE: Ch 100, Practice and Procedure
CONCISE SUMMARY: The Maine Board of Tax Appeals (the "Board") was recently established to hear appeals of assessments and determinations issued by Maine Revenue Services ("MRS"). The Board is adopting Ch. 100 of its rules to satisfy the requirement of 36 M.R.S. §151-D(10), which mandates that the Board "shall adopt rules to accomplish the purposes of this section".
Although 36 M.R.S. §151-D(10) provides the basic framework for conducting appeals brought before the Board, Ch. 100 provides greater specificity and detail on: (1) how a taxpayer may file an appeal with the Board; (2) how both the taxpayer and MRS may present evidence and arguments to the Board; (3) the process by which the Board's Appeals Officers will review each appeal; and (4) how the Board will issue a final decision on each appeal.
Ch. 100 is intended to create a relatively informal appeals process so that taxpayers will feel that they are able to bring an appeal before the Board and effectively argue their case without the need for an attorney.
EFFECTIVE DATE: March 19, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Robert A. Creamer, Maine Board of Tax Appeals, 134 State House Station, 108 Sewall Street, Augusta, Maine, 04333-0134. Telephone: (207) 287-2866. E-mail: .