February 6, 2019

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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 rulemaking liaisons, who are single points of contact for each agency.


PROPOSALS


AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #03-19
PROPOSED RULE NUMBER: 2019-P008
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS §2954.
PUBLIC HEARING: February 21, 2019, Thursday, starting at 4:00 p.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: February 21, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8054; 7 MRS §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF INTERIM RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, MC Rule #290P (Medicaid Expansion): Part 3, Eligibility Groups Requirements; and Part 4, Budgeting - MAGI;
PROPOSED RULE NUMBER: 2019-P009
BRIEF SUMMARY: This proposed rule change implements the MaineCare expansion as set forth in 22 MRS §3174-G(1)(H), which was enacted through a citizens’ initiative on November 7, 2017 (the “Expansion Act”). The Expansion Act requires the Department to provide covered MaineCare services to adults ages 19 through 64 who satisfy the eligibility requirements as set forth more specifically below and in the MaineCare Eligibility Manual (the “Expansion Population”). The Expansion Act requires the Department to submit a State Plan Amendment (“SPA”) to the Centers for Medicare and Medicaid Services (“CMS”) and engage in rulemaking to implement coverage for the Expansion Population.
Refer to the Fact Sheet filed with this proposed rule for background regarding the Expansion Act litigation. The rule updates Parts 3 and 4 of the MaineCare Eligibility Manual to establish an eligibility category for adults age 19 through 64 who meet the following requirements: are not pregnant; are not eligible for or currently receiving Medicare Part A or Medicare Part B; are not otherwise eligible for Medicaid in the State of Maine; and have income less than or equal to 133% of the federal poverty level (“FPL”). The rule also distinguishes between two types of parent/caretaker relatives: those with income under 133% FPL who do not meet the current qualifications for parent/caretaker relatives under Part 3, Section 2.2; and those with income between 100-133% FPL who do meet the qualifications for parent/caretaker relatives under Sec. 2.2. The Department makes this distinction for purposes of receipt of the proper amount of federal matching funds. Pursuant to 42 CFR §435.119(c), if a parent/caretaker relative has a dependent child living in the home under the age of 21, the child must be receiving benefits under Medicaid, CHIP or otherwise be enrolled in minimum essential health coverage as defined in 42 CFR §435.4.
The referendum provides authority to adopt rules on an emergency basis if necessary to implement the program in a timely manner. Pursuant to 5 MRS §8054, the Department filed emergency rulemaking on January 18, 2019, which is effective for 90 days, to implement the Expansion Act as soon as possible, particularly given the background of litigation as set forth in the Fact Sheet. The Department proposes these rule changes to further implement the Expansion Act, which shall be finally adopted in advance of the expiration of the emergency rule.
Individuals who are eligible and who applied for coverage between July 2, 2018 and January 2, 2019, may be eligible for coverage back to the first day of the month of application, and if requested up to three months retroactive, but no earlier than July 2, 2018.
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: Monday, February 25, 2019, at 1:00 p.m. in Room 103A/B in the Burton M. Cross Building, 111 Sewall Street, Augusta, Maine.
COMMENT DEADLINE: Midnight, March 11, 2019
CONTACT PERSON FOR THIS FILING: Jessica Drenning, Senior Planner, Department of Health & Human Services, Office for Family Independence, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4135. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Jessica.Drenning@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY: 22 MRS §§ 42, 42(8), 13174-G(1)(H); 42 CFR §435.119
OFI RULES WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
OFI RULEMAKING LIAISON: Daniel.H.Cohen@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@maine.gov .


ADOPTIONS


AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order#02-19
ADOPTED RULE NUMBER: 2019-020 (Emergency)
CONCISE SUMMARY: Minimum February 2019 Class I price is $18.55/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $2.33/cwt. handling fee for a total of $23.75/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: February 3, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF INTERIM RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II & III Section 2, Adult Family Care Services
ADOPTED RULE NUMBER: 2019-021
CONCISE SUMMARY: The Department adopts this rule pursuant to PL 2017 Ch. 460, An Act Making Certain Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (the “Act”), Part B-2. The Act requires the Department to amend its rules to increase reimbursement rates for adult family services, adult day services, and homemaker services for the fiscal year ending June 30, 2019, by ten percent (10%); and directs that MaineCare payment rates for state fiscal year ending June 30, 2020 and each year thereafter be increased by an inflation adjustment cost-of-living percentage in accordance with the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index medical care services index from the prior December for professional services, nursing home and adult day care services. These cost of living increases shall continue annually until the Department has completed a rate study for adult family care services and the rates in the rate study have been implemented.
This rulemaking increases the rates for Adult Family Care Homes and Adult Family Care Homes “Remote Island”. The Act requires that the increased rates must be attributed directly to the wages and salaries of the professional staff delivering the personal care and related services to members. This rulemaking also clarifies that the increased reimbursement rates shall not negatively affect members’ caps on services. As such, the Department implements changes in Ch. II Section 2, Sections 2.05-2 and 2.05-3 to clarify that the increased reimbursement provided herein shall not be counted towards members’ financial caps for services until Section 96 or under the waiver programs.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: February 4, 2019
OMS CONTACT PERSON: Anne E. Labonte, Comprehensive Health Planner II, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Anne.Labonte@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.08, Targeted Closures: (10) Wohoa Bay; (11) Cobscook Bay including Whiting and Denny's Bays
ADOPTED RULE NUMBER: 2019-022 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking to implement a conservation closure in Wohoa Bay within the Wohoa/Western Bay Rotational Area. Additionally, the Zone 3 harvesting calendar in Cobscook Bay will be reduced to one day only for drag (Monday, January 28, 2019) and dive (Saturday, February 2, 2019), followed by a conservation closure in Cobscook Bay including Whiting and Denny's Bay on Sunday, February 3, 2019. These closures are required to protect Maine's scallop resources from the risk of unusual damage and imminent depletion. The Department is concerned that continued harvesting for the duration of the 2018-19 fishing season in these areas will greatly reduce the abundance of the remaining broodstock as well as seed scallop resource that is essential to the ongoing recruitment, regrowth and recovery of the scallop resource. Immediate conservation closures are necessary to reduce the risk of unusual damage and imminent depletion of the scallop resource in Wohoa Bay in Zone 2 and Whiting, Denny and Cobscook Bays in Zone 3.
For these reasons, the Commissioner hereby adopts an emergency closure of Maine's scallop fishery in these areas as authorized by 12 MRS §6171(3)(A).
EFFECTIVE DATE: January 27, 2019
DMR CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. III Section 23, Developmental and Behavioral Services
ADOPTED RULE NUMBER: 2019-023
CONCISE SUMMARY: The Department of Health and Human Services (“the Department”) adopts this rule pursuant to PL 2017 Ch. 460 part D, An Act Making Certain Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government. Part D-1 requires the Department increase the rates of reimbursement for Section 23, “Development and Behavioral Clinic Services”, to ensure a net increase in funding from fiscal year 2008-2009 to fiscal year 2018-2019 of two (2) % as long as no rates for a service is lower than the rate reimbursed as of January 1, 2018.
This adopted rulemaking requires that the increase in reimbursement rates must be applied to wages and benefits for employees who provide direct services as required by Part D-2 of PL 2017 Ch. 460. In compliance with the law, providers must ensure that increase in reimbursement rates effective August 1, 2018, is applied in full to wages and benefits to employees who provide direct services. Providers must document compliance with this requirement in their financial records and provide such documentation to the Department upon request.
On November 6, 2018, the Department adopted emergency rules adopting the rate increases. This rulemaking permanently adopts the emergency rule changes.
Through the Act, the Legislature determined that “these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety.” As such, the Act requires the Department to implement “immediate rate increases,” effective July 1, 2018. However, the Act did not become law until July 9, 2018, following a Legislative override of the Governor’s veto.
Because the Act involves MaineCare reimbursement, these rule changes are also governed by federal Medicaid law. 42 CFR §447.205(d) requires that public notice of changes in reimbursement for state plan services must “be published before the proposed effective date of the change.” (emphasis added). The Department published its notice of reimbursement methodology change for the Section 23 rates on July 31, 2018. Upon the advice of the Office of the Attorney General, the increased rates will be effective August 1, 2018, which effective date comports with the federal law requirement. Pending approval of the proposed changes to the Section 23 state plan amendment that were submitted to the Centers for Medicare and Medicaid Services, the increased rates will be implemented with an August 1, 2018 effective date.
Pursuant to the Legislative determination regarding the urgent need for these reimbursement increases, the requirements of 5 MRS §8054(1) are satisfied and emergency rulemaking is appropriate. Similarly, an August 1, 2018 retroactive effective date is necessary to implement these changes as soon as possible. The retroactive application comports with 22 MRS §42(8), which authorizes the Department to adopt rules with a retroactive application (where there is no adverse impact on providers or members) for a period not to exceed (8) calendar quarters.
To remedy the difference between the July 1, 2018 effective date set forth in the Act, versus the August 1, 2018 date that is permissible pursuant to federal Medicaid law, the Department has recalculated the annual appropriation of funds for this service into a temporary eleven month rate. As such, providers will, over the course of eleven months, receive equivalent aggregate payments as would have been received under a twelve month rate. Beginning on July 1, 2019, rates will be annualized (based upon a twelve month appropriation). This is not an effective rate decrease, but rather a redistribution of the annual appropriation over twelve months, rather than eleven months.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: February 3, 2019
OMS CONTACT PERSON: Thomas M. Leet, Comprehensive Health Planner II, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4068. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Thomas.Leet@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II & III Section 26, Day Health Services
ADOPTED RULE NUMBER: 2019-024
CONCISE SUMMARY: The Department adopts this rule pursuant to PL 2017 Ch. 460 part B-2, An Act Making Certain Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (Act). Part B-2 requires the Department to amend its rules to increase reimbursement rates for adult family services, adult day services, and homemaker services for the fiscal year ending June 30, 2019, by ten percent (10%). Part B-2 also requires that effective July 1, 2019, payment rates attributable to wages and salaries for personal care and related services will be increased annually by an inflation adjustment cost-of-living percentage in accordance with the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index, medical care services (professional services, nursing home and adult day care services) from the prior December. These cost of living increases shall continue annually until the Department has completed a rate study for adult family care services, adult day services, or homemaker services and the rates in the rate study have been implemented.
On November 20, 2018, the Department adopted emergency rules implementing the Ch. 460 rate increases with a retroactive August 1, 2018 effective date. This rulemaking permanently adopts the emergency rule changes.
In addition, this rulemaking adopts the Ch. 460 part B-2 requirement that effective July 1, 2019, payment rates attributable to wages and salaries for personal care and related services will be increased annually by an inflation adjustment cost-of-living percentage in accordance with the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index, medical care services (professional services, nursing home and adult day care services) from the prior December. These cost of living increases shall continue annually until the Department has completed a rate study for adult family care services, adult day services, or homemaker services, and the rates in the rate study have been implemented.
Through the Act, the Legislature determined that “these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health, and safety. As such, the Act requires the Department to implement “immediate rate increases” effective July 1, 2018. However, the Act did not become law until July 9, 2018, following a Legislative override of the Governor’s veto.
Because the Act involved MaineCare reimbursement, these rule changes are also governed by federal Medicaid law, 42 CFR §447.205(d) requires that public notice of changes in reimbursement for State Plan services must “be published before the proposed effective date of the change.” (emphasis added). The Department published its notice of reimbursement methodology change for the Section 26 rate on July 31, 2018. Upon the advice of the Office of the Attorney General, the increased rates will be effective August 1, 2018, which effective date comports with the federal law requirement. Pending CMS approval of the rate increase, the increased rate will be implemented with an August 1, 2018 effective date.
The retroactive effective date is allowable under 22 MRS  42(8), which authorizes the Department to adopt rules with a retroactive application where there is no adverse impact on providers or members for a period not to exceed eight calendar quarters.
To remedy the difference between the July 1, 2018 effective date set forth in the Act, versus the August 1, 2018 date is permissible pursuant to federal Medicaid law, the Department has recalculated the annual appropriation of funds for this service into a temporary eleven-month rate. As such, providers will, over the course of eleven months, receive equivalent aggregate payments as would have been received under a twelve-month rate. Beginning on July 1, 2019, rates will be annualized (based upon a twelve-month appropriation). This is not an effective rate decrease, but rather a redistribution of the annual appropriation over twelve months, rather than eleven months.
The Department is seeking, and anticipates receiving, approval from the Centers for Medicare and Medicaid Services (CMS) for these rate changes. Pending CMS approval, the rate increase will be effective retroactive to August 1, 2018.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: February 12, 2019
OMS CONTACT PERSON: Anne E. Labonte, Comprehensive Health Planner II, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Anne.Labonte@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II Section 29, Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
ADOPTED RULE NUMBER: 2019-025
CONCISE SUMMARY: The Department is adopting this routine technical rule in accordance with PL 2017 Ch. 459, An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (“Act”). This Act provides funding to increase rates for specific procedure codes in Ch. III Section 29. Part B of the Act provided that the Department ensure that caps and limitations on services “are increased to reflect increases in reimbursements that result from this Part.”
On September 12, 2018, the Department adopted an emergency major substantive rule for Section 29 Ch. III as directed in the Act, to increase reimbursement rates for eighteen (18) procedure codes, with a retroactive effective date of July 1, 2018. In accordance with Part B of the Act, the Department adopted an emergency rule for Ch. II to increase caps in Section 29 to reflect those rate increases. The emergency rulemaking is effective for 90 days. This adopted rulemaking follows the rule proposal on November 6, 2018 to adopt these cap increases permanently.
The increased caps will be effective retroactive to July 1, 2018. The retroactive application comports with 22 MRS §42(8), which authorizes the Department to adopt rules with a retroactive application for a period not to exceed eight calendar quarters, and there is no adverse financial impact on any MaineCare member or provider. In addition, the Department sought, and obtained approval, from the Centers for Medicare and Medicaid Services (“CMS”) to submit a waiver amendment making the rate changes retroactive to July 1, 2018.
The adopted rule includes the following cap changes:
Limits

  • 29.07-2: Raised annual limit for members who receive Home Support, Community Support, or Shared Living from $52,425.00 to $58,168.50.
  • 29.07-6: Raised limit for Respite Services from $1,100.00 per year to $1,224.60.
  • 29.07-6: Raised the per diem limit for quarter (1/4) hour Respite billing from $90.00 to $110.21 for each date of service.

In addition, the Department adopts the following changes to this rule:

Provider Qualifications and Requirements

  • 29.10: Added reference to Adult Protective reporting requirements.
  • 29.10-1(C): Updated reference to rules governing Reportable Events (14-197 CMR Ch. 12) and added Adult Protective Services System (10-149 CMR Ch. 1).
  • 29.10-1(C): Deleted the requirement for grievance training to occur before working with members.
  • 29.10-4, Electronic Visit Verification: Added a requirement for Electronic Visit Verification (“EVV”), consistent with the requirements of Section 12006 of the 21st Century CURES Act (PL 114-255), as codified in 42 USC §1396b(l)(1). THIS CHANGE REQUIRES CMS APPROVAL, BUT IS EFFECTIVE PENDING APPROVAL.
  • 29.10-5: Wording corrections for clarity.
  • 29.10-6: Sentence deleted to make Section 29 requirements consistent with those in Section 21.
  • 29.10-8: Reportable Events & Behavioral Treatment:
    • Updated reference to rules governing Reportable Events (14-197 CMR Ch. 12) and added Adult Protective Services System (10-149 CMR Ch. 1).

Appendix IV

  • Reports of Abuse, Neglect, or Exploitation: Updated reference to rules governing Reportable Events (14-197 CMR Ch. 12) and Adult Protective Services System (10-149 CMR Ch. 1).

The adopted rule also includes technical corrections and formatting updates for clarity.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: February 4, 2019
OMS CONTACT PERSON: Rachel Posner, Comprehensive Health Planner, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6951. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Rachel.Posner@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 29, Multi-family Mortgage Loans
ADOPTED RULE NUMBER: 2019-026
CONCISE SUMMARY: This rule repeals and replaces the current Multifamify Development and Supportive Housing Loans and Grants rule with the Multifamify Mortgage Loans rule. The rule provides the framework and basic requirements for MaineHousing multi-family lending programs.
EFFECTIVE DATE: February 3, 2019
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600; (800) 452-4668. Maine Relay 711. Email LUhl@MaineHousing.org .
WEBSITE: http://www.mainehousing.org/ .


GENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 34 (New), Preservation and Relocation Rule
ADOPTED RULE NUMBER: 2019-027
CONCISE SUMMARY: Under the Maine Housing Authorities Act, a landlord who plans to take an action that would result in the termination of financial assistance for tenants in low income housing must give notice to the tenants, to Maine State Housing Authority (MaineHousing), and to any local housing authority; and give a right of first refusal to MaineHousing. This rule sets forth the required content of the notices, a mechanism for determining MaineHousing's purchase price, and the terms of relocation assistance to help displaced tenants.
EFFECTIVE DATE: February 3, 2019
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600; (800) 452-4668. Maine Relay 711. Email LUhl@MaineHousing.org .
WEBSITE: http://www.mainehousing.org/ .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 27 (New), Animal Damage Control Agent Certificate
ADOPTED RULE NUMBER: 2019-028
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife (IFW) has adopted a new rule to establish the agent certification process for its Animal Damage Control (ADC) Program. This rule will govern how IFW staff utilize ADC agents and how the agents function when dealing with human-wildlife conflicts. The rule establishes an application process, operating standards, and eligibility requirements. As part of the application process, prospective ADC agents must meet minimum experience and training requirements as well as submit to a background check. The expectations established in the rule will provide consistent, safe, and reliable services to Maine’s citizens when resolving human-wildlife conflicts.
EFFECTIVE DATE: February 5, 2019
IFW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street -41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202- Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/ .


AGENCY: 18-553 - Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO)
CHAPTER NUMBER AND TITLE: Ch. 4 (New), Agency Liquor Store Relocation: Rules Governing the Process to Provide Input by Agency Liquor Stores in the Same Municipality of a Relocation Request
ADOPTED RULE NUMBER: 2019-029
CONCISE SUMMARY: This new rule establishes a process to provide input by agency liquor stores in the same municipality of a relocation requested by an agency liquor store in that municipality.
EFFECTIVE DATE: February 9, 2019
BABLO CONTACT PERSON / RULEMAKING 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. Email: Tim.Poulin@Maine.gov .
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .