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: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 889, Designation of Two Flame Retardants as Priority Chemicals
PROPOSED RULE NUMBER: 2016-P160
BRIEF SUMMARY: This draft rule seeks to designate two flame retardants on the chemicals of high concern list as priority chemicals. The proposal applies to manufacturers of specified product categories that contain intentionally added amounts of decabromodiphenol ether (deca BDE) or hexabromocylododecane (HBCD), which are used in the non-polymeric, additive form as flame retardants.
As provided by Maine law at 38 MRS §1694, the Department has the authority to promote chemicals on Maine's chemicals of high concern list to priority status through routine technical rule-making. If a chemical meets certain statutory criteria it may be designated as a priority chemical by the Commissioner, with concurrence by the Department of Health and Human Service, Maine Center for Disease Control ("Maine CDC"). Once classified as a priority chemical, the Department has the authority to require manufactures of specified product categories to report their use of a priority chemical above de minimis levels.
A copy of the draft rule is available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/ .
Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: November 1, 2016 at 1:00 p.m. in the DEP Response Training Room at4 Blossom Lane, Augusta, Maine 04330.
COMMENT DEADLINE: The public comment period will close at 5:00 p.m. on November 14, 2016.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kerri Malinowski, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 215-1894. Fax: (207) 287-2814. E-mail: Kerri.Malinowski@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Ch. 45 (New), Proposed Statement for Administering the 2017 Maine Community Development Block Grant Program
PROPOSED RULE NUMBER: 2016-P161
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
PUBLIC HEARING: November 4, 2016 - 11:00 a.m., Burton Cross Office Building - 3rd Floor, 111 Sewell Street, Augusta, Maine 04330
DEADLINE FOR COMMENTS: November 14, 2016 - 4:00 p.m.
AGENCY CONTACT PERSON: Deborah Johnson, Director of OCD, Department of Economic and Community Development, Office of Community Development, 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059. Telephone: (207) 624-9817. E-mail: Deborah.Johnson@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
AGENCY: 12-170 - Department of Labor (DOL), Bureau of Labor Standards (BLS)
CHAPTER NUMBER AND TITLE: Ch. 16, Rules Governing Definitions for Executive, Administrative, and Professional Exemptions from Minimum Wage and Overtime
PROPOSED RULE NUMBER: 2016-P162
BRIEF SUMMARY: To update the rule to incorporate changes to the U.S. Department of Labor Wage and Hour Division regulations, 29 CFR Part 541, which go in to effect on December 1, 2016.
PUBLIC HEARING: Thursday, November 3, 2016, 10:00 a.m. - 11:00 a.m., Department of Labor, Frances Perkins Conference Room, 45 Commerce Drive, Augusta, Maine 04333-0045
COMMENT DEADLINE: Monday, November 14, 2016 by 12:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOL RULE-MAKING LIAISON: Jeanne St. Pierre, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. E-mail: Jeanne.StPierre@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Maine has nearly 500 municipalities located in 16 different counties each employing individuals that will be impacted by the U.S. Department of Labor Wage and Hour Division changes. It is unknown the exact fiscal cost that each municipality and/or county will have to undertake. Per statutory reference, Maine must adhere to the new requirements.
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 2, Adult Family Care Services
PROPOSED RULE NUMBER: 2016-P163
CONCISE SUMMARY: This proposed rule-making seeks to increase the rates of reimbursement for Adult Family care Services pursuant to:
(1) Public Law 2016, ch. 481, Part C, An Act to Provide Funding to the Maine Budget Stabilization Fund and To Make Additional Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2016 and June 30, 2017. This proposed rule implements a four (4) percent cost-of-living rate increase for adult family care homes for the fiscal year ending June 30, 2017. Ch. III Section 2, "Adult Family Care Services", increases the unadjusted price from $44.99 to $46.79 and the resource-adjusted prices accordingly. The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (CMS) for this change. Pending approval, the four (4) percent cost-of-living increase will be effective retroactive to July 1, 2016. A Change in Reimbursement Methodology Notice was published on June 28, 2016. To comply with future cost-of-living increases set forth in PL 2016 ch. 481, the Department will engage in subsequent rule-making at a later date.
(2) Resolves 2015, ch. 45, Resolve, To Require the Department of Health and Human Services to Provide Supplemental Reimbursement to Adult Family Care Homes and Residential Care Facilities in Remote Island Locations. The Department is making changes to this rule pursuant to Resolves 2015 ch. 45, which effectuates a supplemental rate payment of fifteen (15) percent to adult family care homes that satisfy the definition of remote island facilities. The Legislature directed the Department to amend its rule by October 1, 2015, to implement the fifteen percent supplemental payment and authorized the Department to do so via emergency rule-making without the necessity of demonstrating emergency findings. The Department engaged in emergency rule-making followed by routine technical rule-making that added a provision to the rule about the supplemental payment. The Department also indicated in these prior rule-makings that it was seeking CMS approval for this change retroactive to October 1, 2015. However, the Department did not include a case mix chart specific to remote island facilities that identifies the increased rate. Through this rule-making, the Department has added a case mix chart reflecting an unadjusted price of $51.74 (a fifteen percent increase from $44.99) for the period of October 1, 2015 through June 30, 2016, and an unadjusted price of $53.81 (reflecting the fifteen percent supplemental payment and the four percent cost-of-living increase) for the period beginning July 1, 2016.
This proposed routine technical rule-making follows an emergency adoption of Ch. III Section 2, "Adult Family Care Services", on October 4, 2016.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: November 1, 2016 - 1:00 p.m., 19 Union Street - Room 110, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 26, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on November 14, 2016.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Heidi Bechard, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Heidi.Bechard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
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 .
↧