October 22, 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/index.html. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS


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-P207 (comment deadline extended)
BRIEF SUMMARY: This amendment makes minor changes to the criteria for acceptance of digital signature products to align with the latest standards of the American Institute of Certified Public Accounts and includes an alternative encryption standard to align with Federal standards. Without this change, Maine’s rule would be more stringent than the Federal standard.
PUBLIC HEARING: none scheduled
NEW COMMENT DEADLINE: November 5, 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: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 301, Food Supplement Manual, Rule #185P: Full Standard Utility Allowance Based on the Receipt of Energy Assistance, Annual SUA, COLA and Resources:
FS-000-1, Basis of Issuance;
FS-333-1 pgs. 1 and 2, Asset Eligibility Standards;
FS-444-8 pg.3, Households with Special Circumstances;
FS-555-5 pgs. 1,5,6,6a,and 7, Income and Deductions, Deductions;
FS-555-6 pg. 2, Income and Deductions, Calculating Eligibility and Monthly Benefit
PROPOSED RULE NUMBER: 2014-P239
CONCISE SUMMARY: The Supplemental Nutrition Assistance Program (SNAP) was recently reauthorized as part of The Agricultural Act (the Act) of 2014 (P.L. 113-79) enacted on February 7, 2014. The law contains various provisions that affect Food Supplement eligibility, benefits, and program administration.
The federal provision requires that households receive a payment greater than $20 annually in Low Income Heating Assistance Program (LIHEAP) benefits or in other similar energy assistance benefits in the current month or in the immediately preceding 12 months in order to automatically qualify for the Full Standard Utility Allowance (FSUA) based on receipt of LIHEAP.
Additionally, the United States Department of Agriculture (USDA), Food and Nutrition Services (FNS) has issued the following mandated changes:
1. Annual COLA updates for Food Supplement income allowances, maximum/ minimum allowances and deductions, effective retroactively as of October 1, 2014.
2. Approved SUA values for the Full Standard Utility, Non-heat Standard, and Phone Utility Allowances for FY 2015, effective retroactively as of October 1, 2014.
3. Resource limit increase for households from $2,000 to $2,250, effective retroactively as of October 1, 2014.
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: November 21, 2014
AGENCY CONTACT PERSON: Karen L. Curtis, Food Supplement 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) 624-4108. TTY: 711 (Maine Relay). E-mail: Karen.L.Curtis@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, 42(8), 3104
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
HAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rule #274A: Updated Federal Poverty Levels and Cost of Living Adjustments: Charts and Appendices
ADOPTED RULE NUMBER: 2014-259
CONCISE SUMMARY: This rule updates the MaineCare Eligibility Manual with the Federal Poverty Level (FPL) amounts that were published in the U.S. Department of Health and Human Services Federal Register on January 22, 2014. The 2014 Federal Poverty Level must be applied to all eligibility decisions effective January 1, 2014, as required by Federal law. This rule also applies the SSI Cost of Living Allowance (COLA) for 2014 as required by federal law. These changes are all in effect retroactive to January 1, 2014. The new Nursing Care Private Rate is increased, which change is not retroactive. This rule is not anticipated to impose any additional costs on counties or municipalities or have any adverse impact on small businesses.
EFFECTIVE DATE: October 19, 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: 711 Maine Relay. E-mail: Lea.Kendall@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 18-553 - Department of Administrative and Financial Service (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 60, Monopoly Millionaires’ Club Rules (New)
ADOPTED RULE NUMBER: 2014-260
CONCISE SUMMARY: This new rule governs the Multi-State Lottery Association’s (MUSL) draw game Monopoly Millionaires’ Club (“MMC”). MMC is a national game to be sold in over 22 lotteries in the US. MMC costs $5.00 per single play bet; has a double game matrix of 5 of 52 and 1 of 28 MONOPOLY game board property selected as an EZ Pick; has overall odds of winning a prize of 1 in 10.0025; has odds of winning the top prize of 1 in 72,770,880; has a top prize starting at $15,000,000 rolling to $25,000,000 and has a Match 5+0 second prize of $100,000. This game will be drawn on Fridays.
MMC has a television game show feature. Players may become eligible for the television show studio audience member selection by registering a MONOPOLY Millionaires’ Club ticket or tickets with one or more qualifying properties according to the requirements of these rules and as indicated by the Lottery that sold the ticket(s). Every player holding tickets qualifying to participate in the studio audience selection process according to the rules announced by the Maine Lottery (“player”) who is selected by the Maine Lottery to participate as a member of a studio audience for an episode of the TV Show, and who is actually present in the studio audience, shall be eligible to be selected from the audience to participate as an on-stage participant in a game or games to be conducted on the TV Show.
MUSL requires selling lotteries has specific game rules in place for the conduct of the game. The Maine State Liquor and Lottery Commission must adopt uniform provisions and Maine specific provisions for the major components of the rules for MMC as required by MUSL. MUSL is the governing body for the MMC game.
EFFECTIVE DATE: October 21, 2014
AGENCY CONTACT PERSON / BABLO 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.Pouilin@Maine.gov .
WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .