Ma h 3, 2010 Rule-making Notice - S ~of Maine, USA 

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EEKLY NOTICES OF STATE RULE-MAKING 

P blic Input for Proposed and Adopted Rules 

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N tices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of 

a y rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If 

n hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more 

p rsons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact 

p rson at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency 

m st provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rulem king if the petition Is signed by 150 or more registered voters, and may begin rule-making If there are fewer. You can 

al o petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, 

A gusta, 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 

m y be directly, substantially and adversely affected by the application of a rule ... " (Title 5 Section 11112). World-Wide 

W b: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: 

.11 p:j/www.mqille.go s/cec.L.ruJes. There is also a i.rt..Qf.. rule.=makin~ons, who are single points of contact for each 

a ency. 

A ENCY: 10-144- Department of Health and Human Services (DHHS), Office of Integrated Access and Support 

R LE TITLE OR SUBJECT: Ch . 332, MaineCare Eligibility Manual: MaineCare Policy #251P, Repeal of the Asset Transfer 

Pe alty for Help with Assistance for Room and Board in Residential Care Settings and Clarification of Pooled Disability Trust 

P~OPOSED RULE NUMBER: 2010-P35 (hearing now scheduled) 

cqNCISE SUMMARY: This Proposed rule repeals the portions of the MaineCare Eligibility Manual which gave the 

Dfartment the ability to assess a transfer penalty on a MaineCare applicant who transferred assets for less than fair 

m rket value prior to applying for assistance with the costs of room and board in a residential care setting. The ability to 

im ose a penalty on an applicant seeking assistance with nursing home level of care remains in effect. This proposed rule 

w uld make permanent a previously enacted Emergency rule. 

Th change in the Pooled Disability Trust section will insure that beneficiaries over the age of 65 will not be denied 

li ~ibility due to assets contained in the trust. 

T S RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. 

S TUTORY AUTHORITY: 22 MRSA §3173, 22 MRSA §3174, 22 MRSA §3174-A, American Recovery and Reinvestment Act 

of 009, Section 5001, PL 111-5, 42 U.S.C. §1396p(c), 42 U.S.C. §1396p(d)(4)(C) 

PU LIC HEARING: Thursday, March 25, 2010; 9:00a.m. Conference Room 1A/B at 442 Civic Center Drive, Augusta, ME 

04 33 

D DUNE FOR COMMENTS: April 3, 2010 

A ENCY CONTACT PERSON Bethany Hamm, Program and Policy Director, Department of Health and Human Services, 

0 1ce of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011. 

Te ephone: {207) 287-3931. TTY: (800) 606-0215 (Deaf/Hard of Hearing). E-mail: Bethany.,ttamm@Maine.gov . 

U L: http://www.maine.gQY/dhhs/Q.IA.S/ 

http: www.maine.gov/sos/cec/ruleslnotices/20 10/03031 O.htm 10/19/2011 
Mar h 3, 2010 Rule-making Notice - S · of Maine, USA Page 2 of6 

D HS RULE-MAKING LIAISON: Marina.T~u@Maine.Q.Q..v 

A~ENCY: 10-144- Department of Health and Human Services (DHHS), Office of MaineCare Services, Division of 

P?.licy 

RYLE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. VI Section 3, MaineNET 

P!l.OPOSED RULE NUMBER: 2010-P39 

U

NCISE SUMMARY: The Department of Health and Human Services, MaineCare Services, is proposing to repeal Ch. VI 

S ction 3, MaineNET. MaineNET is a voluntary MaineCare program that was originally implemented around 2000 to 

i prove health outcomes and manage program costs by providing clinical and administrative coordination of primary, 

a ute, behavioral and long-term care services for elders and adult with disabilities who are MaineCare recipients. Due to 

no enrollment, this program has not been operational since approximately 2001. 

S e http://www.maine.gov/ bms/rules/provider ruleL policies.htm for rules and related rulemaking documents. 

T IS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES AND COUNTIES. 

S ATUTORY AUTHORITY: 22 MRSA §42, §3173. 

P BLIC HEARING: The Department will not hold a hearing on this proposed rule unless five (5) or more people request 

o e. 

D ADLINE FOR COMMENTS: Comments must be received by midnight April 12, 2010. 

A'fENCY CONTACT PERSON: Cindy Boucher, Comprehensive Planner, 442 Civic Center Drive, 11 State House Station, 

Aygusta, Maine 04333-0011. Telephone: (207) 287-6124. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-

1828 (Deaf or Hard of Hearing). E-mail: Cindy.Boucher@Maine.gov. 

U L: IJ.ttp_;jfwww.maln.e.,gov/..Qhhs/ormL 

D HS RULE-MAKING LIAISON: Marina.T..hi.oeau@Maine.goy. 

A ENCY: 01-015- Maine Milk Commission 

R LE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #04-10 

P OPOSED RULE NUMBER: 2010-P40 

C NCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain 

ot er conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA 

§2 54. 

S E INFORMATION AT OUR WEBSITE: http :ljwww.rnaine.govjq_griculture/mmc/index.shtml 

T IS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. 

~TUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954 

PUBLIC HEARING: March 19, 2010, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural 

Re ources, Deering Building, Hospital Street, Augusta, Maine 

D ADLINE FOR COMMENTS: March 19, 2010 

A ENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. 

Te ephone: (207) 287-7521. E-mail: Tim.Drake@Maine.go_y:. 

AGENCY: 06-096- Department of Environmental Protection (DEP) 

CHAPTER NUMBER AND TITLE: Ch. 154, Control of Volatile Organic Compounds from Flexible Package Printing. 

PRbPOSED RULE NUMBER: 2010-P41 

C~dNTACT PERSON FOR THIS FILING: Jeffrey S. Crawford, DEP, 17 State House Station, 25 Tyson Drive, Augusta, ME 

04 33. Telephone: (207) 287-7647. E-mail: Jeff.S.CrawforQ@Maine.gov. 

C NTACT PERSON FOR SMALL BUSINESS INFORMATION (if different): 

PU LIC HEARING: No public hearing is scheduled. These amendments are being posted to a 30-day comment period. A 

pu lie hearing will be held if requested before the close of comments. 

COMMENT DEADLINE: April 12, 2009 5:00p.m. 

BR EF SUMMARY: The Department is proposing this new rule to fulfill federal requirements under the 1990 Clean Air Act 

A endments and regulations related to the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) requiring 

th adoption of emission controls for all source categories covered under an EPA control technique guideline, or CTG. On 

Se tember 26, 2006, EPA issued a CTG for flexible package printing. The proposed Ch. 154 implements the federal CTG 

an will reduce emissions of volatile organic compounds from flexible package printing operations through the use of lowVO coatings and/or add-on control equipment. 

Co ies of this proposal are available upon request by contacting the Agency contact person listed below or on the DEP 

we site at JYWw.maine.gQy[dep/a..ir/regl,lJa.tions/proposed,.htm. 

Pu suant to Maine law, interested parties must be publicly notified of the proposed rulemaking, and provided an 

http:/{www.maine.gov/sos/cec/rules/notices/20 10/03031 O.htm 10/19/2011 
Mar h 3, 201 0 Rule-making Notice - S ~ of Maine, USA Page 3 of 6 

o portunity for comment. Any party interested in providing public comment can provide written comments before the end 

of the comment period. Although the Department has not scheduled a public hearing on this proposal, a public hearing will 

b scheduled if any requests are received prior to the close of the public comment period. All comments or requests for a 

p blic hearing should be sent to the Agency contact person. 

I PACT ON MUNICIPALITIES OR COUNTIES: None 

S ATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-B 

S BSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): 

U L: http://'-:Y.ww. ro.aine.go.U,(;l~.QLindex.sl:1tro.l 

D P RULE-MAKING LIAISON: Terry.!:1anson@Maine.gov 

A ENCY: 02 - Department of Professional and Financial Regulation 

C APTER NUMBER AND TITLE: 

0~-029 - Bureau of Financial Institutions, Ch. 138: a joint rule with 

0~·030 - Bureau of Consumer Credit Protection, Ch. 240 

TITLE: Truth-in-Lending, Regulation Z-2 

P~lbPOSED RULE NUMBERS: 2010-P42 and P43 

C NTACT PERSON FOR THIS FILING: Christian D. Van Dyck, Attorney, Maine Bureau of Financial Institutions, Bureau of 

Fi ancial Institutions, 36 State House Station, Augusta, ME 04333-0036. Telephone: (207) 624-8574. E-mail: 

Chr ~tLa , VanD_yck Mf!in g_Qy: 

C NTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A. 

P BLIC HEARING: None proposed, unless requested by 5 or more interested parties. 

C MMENT DEADLINE: April 6, 2010 

B IEF SUMMARY: This proposed amended rule, like previous versions, adopts the Federal Truth-in-Lending regulations by 

re erence, so as to implement Article VIII of the Maine Consumer Credit Code. The proposed amended rule will incorporate 

by reference provisions of Federal Truth-in-Lending regulations promulgated since 2002 when this rule was last 

pr mulgated. The amended rule excepts the provisions of federal Regulation Z dealing with mortgage lending, which have 

be n enacted in state law as a result of recent state mortgage lending laws, including the recently enacted, "Act to 

Co form State Mortgage Laws with Federal Laws," as well as other sections. These proposed amendments will provide 

c11ity for those interpreting state and federal truth-in-lending lending laws a11d how they interrelate. The proposed 

a ended rule also updates out-of-date section references. Copies of the rule may be obtained from Christian D. Van Dyck. 

A ore detailed summary may be found on the Bureau of Financial institution's website: 

.YY. .... )'I. rna in e . g q_y/.f.Inf!n.<;.i.9.1Ln stitu ti o_o.s. 

Th Small Business Impact Statement may be found at: 

h p;_ijwl.'{'!f. ,m9in~,gqy[pfr.Lfin;:lnci_aJlo_sJ; t1JJio ns/notices truthjn endingJmw.J::t..btro. 

D AILED BASIS STATEMENT I SUMMARY: This Rule replaces a joint rule issued by Bureau of Financial Institutions' Ch. 

13 , Regulation 38 and the Bureau of Consumer Credit Protection's Ch. 240, Regulation Z-2, effective July28, 2002, which 

in urn supplanted versions effective July 7, 1998, May 28, 1997, May 4, 1992, December 18, 1989, May 22, 1986 and 

Se tember 7, 1981. The purpose of this Rule is to provide guidance to creditors who are subject to Maine's Truth-inLe ding Law (Article VIII of the Code), and to maintain the State's delegation of authority from the Federal Reserve Board, 

w ich was granted pursuant to §123 of Title I of the Federal Truth-in-Lending Act, 15 U.S.C. § 1633. In order to protect 

M ine's exemption, this State's regulations interpreting truth-in-lending laws must be substantially similar to those 

im osed under the Federal Truth-in-Lending Act and there is adequate provision for enforcement. 

Re ulation Z-2 was last amended by the Bureaus on July 28, 2002. The Bureaus have accordingly considered all of the 

a endments that have been made to federal Regulation Z since this time. These amendments fall broadly into six 

ca egories: (1) those amendments relating to changes in cross-referencing, or that are otherwise incidental, technical, or 

cia ifying in nature; (2) those amendments relating to electronic communications, disclosures and advertisements; (3) 

th se amendments relating to timing of disclosures and notices for mortgage transactions; (4) those amendments relating 

to dvertising; (5) those amendments relating to high-rate, high-fee mortgage loans, higher priced mortgage loans, and 

re idential mortgage loans; and (6) those amendments implementing the provisions of the Credit Card Accountability 

Re ponsibility and Disclosure Act of 2009, including the Federal Reserve's final rule in FR 7658 published by the Federal 

Re ister on February 22, 2010. 

Th fifth category of these amendments, relating to high-rate, high-fee mortgage loans, higher priced mortgage loans and 

re idential mortgage loans, as set forth in §226.32 and §§ 226.34 to 226.36 of federal Regulation Z have been 

in orporated into the Code pursuant to Public Law 2009, Ch. 362, "An Act to Conform State Mortgage Laws with Federal 

La s". The Bureaus are of the view that the legislative intent behind Public Law 2009, Ch. 362 was to create a "stand 

at ne" body of state law relating to the regulation of these types of loans. Readers are directed to seek guidance directly 

fro the provisions of the Code (and, to the extent applicable, Bureau of Consumer Credit Protection's Ch. 550/Bureau of 

Fi ancial Institutions' Ch. 144 and the Bureaus' advisory rulings) on questions relating to these types of loans. Thus, 

§2 6.32 of federal Regulation Z is supplanted by §§ 8-206-A and 8-206-H of the Code; §226.34 of federal Regulation Z is 

http: rwww .maine. gov /sos/ cec/rules/notices/2 0 1 0/03 031 0 .htm 10/19/2011