Public Input for Proposed 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 §11112). WorldWide 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 (http://www.maine.gov/sos/cec/rules/liaisons.html), who are single points of contact for each agency.
PROPOSALS
AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 201, Provider of Last Resort Service Quality
PROPOSED RULE NUMBER: 2016-P071 (re-proposed)
BRIEF SUMMARY: Pursuant to 35-A MRS §7225-A and Section 6 of PL 2015 ch. 462, "An Act to Increase Competition and Ensure a Robust Information and Telecommunications Market," the Public Utilities Commission initiates a rule-making to amend Ch. 201 of the Commission's Rules.
PUBLIC HEARING: August 24, 2016 at 1:00 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: September 6, 2016. The Commission is extending the original deadline for filing comments, statements, or arguments concerning this rule to 4:00 p.m., Tuesday, September 6, 2016. Written comments on the proposal to amend this rule may be filed using the Public Utilities Commission's case management system. All comments will appear in the Commission's case management system which is accessible from the Commission's website. Please refer to the Docket Number of this proceeding, Docket No. 2016-00095, when submitting comments.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / PUC RULE-MAKING LIAISON: Jamie Waterbury, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1360. E-mail: Jamie.Waterbury@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact
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 #09-16
PROPOSED RULE NUMBER: 2016-P098
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: August 18, 2016, Thursday, starting at 10:30 a.m., Room 332, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: August 18, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 41, Offering Instruction Related to Cardiopulmonary Resuscitation and the Use of an Automated Defibrillator in Maine Public Schools
PROPOSED RULE NUMBER: 2016-P099
BRIEF SUMMARY: This rule requires public schools to offer training to students on how to perform cardiopulmonary resuscitation and use automated external defibrillators. The rules must be designed to ensure that the training requirements can be met without public schools being required to expand or modify its activity so as to necessitate additional expenditures from local revenues.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: September 2, 2016 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Susan Berry, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6695. E-mail: Susan.Berry@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01(G.1,1.b.,4.) and (O.), Upland Game and Furbearing Animals
PROPOSED RULE NUMBER: 2016-P100
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to adopt amendments to furbearer season dates and the open and closed areas for beaver trapping. In WMDs 15, 16, 20-26 and 29 the Department is proposing to open the beaver trapping season on October 30 to align the start of the season with other furbearer seasons and provide an additional 2 weeks of opportunity. An additional week of bobcat hunting is also being proposed with a season of December 1 - February 21 each year. The Department is also proposing to collect improved biological data from some species. A tooth submission for bobcat, fisher, marten and otter would be required when presenting the animal for registration. A complete copy of the proposed rule can be obtained from the rule-making contact person listed below.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: September 2, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. E-mail: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services - MRS)
CHAPTER NUMBER AND TITLE: Ch. 104, Filing of Maine Tax Returns
PROPOSED RULE NUMBER: 2016-P101
BRIEF SUMMARY: MRS is proposing to amend Rule 104 ("Filing of Maine Tax Returns"). The rule describes the requirements for filing certain Maine tax returns, including mandatory electronic filing of certain Maine tax returns. Along with miscellaneous technical changes, MRS is proposing to amend definitions in the rule by: adding "business trust" to the definition of Person; amending the definition of Software Developer to include a person that develops computer generated forms used in connection with unemployment compensation laws; and removing an obsolete reference to the lowest individual income tax bracket in the definition of Threshold Amount. MRS is also proposing to remove section .03(3) as the waiver provisions are provided elsewhere in the rule. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html .
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: September 2, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Heather Popadak, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9999. E-mail: Heather.O.Popadak@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services - MRS)
CHAPTER NUMBER AND TITLE: Ch. 301, Sales for Resale and Sales of Packaging Materials
PROPOSED RULE NUMBER: 2016-P102
CONCISE SUMMARY: Rule 301 has been in place for many years: it establishes procedures for making sales for resale, certain sales to lessors and service providers and sales of packaging materials exempt from sales tax, and sets forth requirements for certification of exempt sales. We are proposing a few minor amendments to the rule in order to conform to recent statutory changes and current agency practice. We are also proposing to delete language setting forth the required form of certain written statements submitted to MRS by retailers attesting to the exempt nature of a sale: this is unnecessary, as the MRS issues many types of permits, affidavit forms and certificates without having their precise form prescribed in a rule.
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: September 9, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: David Bauer, Tax Policy Analyst, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
AMENDING THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services - MRS)
CHAPTER NUMBER AND TITLE: Ch. 308, Direct Pay Permits
PROPOSED RULE NUMBER: 2016-P103
CONCISE SUMMARY: Rule 308 has been in place for many years; it establishes a system for combined reporting of purchases by manufacturers and utilities using a "direct payment permit" issued by the State Tax Assessor. Maine Revenue Services (MRS) is proposing a minor amendment to Section 4(1) of the rule, which states that tax must be paid (and the taxpayer's direct pay permit may therefore not be used) in the case of certain purchases. One of these categories is the purchase of taxable services; however, the transmission and distribution ("T&D") of electricity is allowed to be purchased exempt from tax by a direct pay permit holder, so this provision needs to be amended accordingly. MRS is also proposing to delete Section 6 of the rule, which sets forth the form in which the direct payment permit is to be issued by the State Tax Assessor; this is unnecessary, as the Assessor issues many types of permits and certificates without having their form prescribed in a rule.
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: September 7, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: David Bauer, Tax Policy Analyst, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
AMENDING THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services - MRS)
CHAPTER NUMBER AND TITLE: Ch. 504, Shrinkage Allowance for Retail Gasoline Dealers (repeal)
PROPOSED RULE NUMBER: 2016-P104
CONCISE SUMMARY: Maine Revenue Services is proposing to repeal Rule 504. The rule is unnecessary, since everything addressed in the rule is covered by the relevant statute (36 MRS §2906).
Repealing the rule will result in no change whatsoever in Maine Revenue Services policy and practice regarding gasoline shrinkage allowances.
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: September 9, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: David Bauer, Tax Policy Analyst, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
REPEALING THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services - MRS)
CHAPTER NUMBER AND TITLE: Ch. 703, Exempt Sales of Cigarettes (repeal)
PROPOSED RULE NUMBER: 2016-P105
CONCISE SUMMARY: Maine Revenue Services is proposing to repeal this rule as it is obsolete. Repeal of the rule will have no effect on cigarette retailers, cigarette wholesalers, or any other Maine taxpayers.
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: September 9, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: David Bauer, Tax Policy Analyst, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
REPEALING THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services - MRS)
CHAPTER NUMBER AND TITLE: Ch. 803, Withholding Tax Reports and Payments
PROPOSED RULE NUMBER: 2016-P106
BRIEF SUMMARY: MRS is proposing to amend Rule 803 ("Withholding Tax Reports and Payments"). The rule identifies income subject to Maine withholding and prescribes the methods for determining the amount of Maine income tax to be withheld. It also explains the related reporting requirements. MRS is proposing to move the filing due date for pass-through entity withholding returns from April 30th to March 15th following the end of the calendar year. This change is based on changes at the federal level and is effective for tax periods beginning on or after January 1, 2016. MRS is also proposing to update references to Maine individual income tax rates based on recently enacted legislation. In addition, miscellaneous technical changes such as changing references to employee and employer to payee and payer, respectively, and removing references to Form 941/C1ME are being made. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html .
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: September 2, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Heather Popadak, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9999. E-mail: Heather.O.Popadak@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 29-250 - Department of Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 168, The Administration and Issuance of USDOT Numbers for Certain Intrastate Motor Carriers
PROPOSED RULE NUMBER: 2016-P107 (amending an existing rule)
BRIEF SUMMARY: This rule is being amended to reflect changes in federal and state requirements relative to the issuance of USDOT numbers to Maine intrastate commercial vehicle registrants.
PUBLIC HEARING: none
COMMENT DEADLINE: September 2, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Steve Ashcroft, Chief of Motor Carrier Services, Maine BMV, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9056. Fax: (207) 624-9086. TTY: Call Maine Relay 711. E-mail: Stephen.Ashcroft@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
ADOPTIONS
Pursuant to Ch. 380 of the Public Laws of 2011, notice of the adoption of rules will no longer be published in the newspaper rule-making notices; our Wednesday web notices will continue to carry them, however. Information on rules adopted through the Maine Administrative Procedure Act as well as the full text of adopted rules is available on the internet at http://www.maine.gov/sos/cec/rules .
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