State Agency Rule-making – August 10, 2016

WEEKLY NOTICES OF STATE RULE-MAKING
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PROPOSALS
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AGENCY: 10-144 – Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, Maine Public Assistance Manual: Section VI, Administrative Procedures (TANF Rule 106 (EBT))
PROPOSED RULE NUMBER: 2016-P111
BRIEF SUMMARY: This rule is proposed to implement the statutory changes restricting the purchase of certain items using TANF benefits through the electronic benefit (EBT) system, and creates penalties for violations of the rule. The policy change will enhance and ensure program integrity that TANF funds are used for living necessities and not for non-essential and discretionary purchases such as tobacco/liquor, gambling, and firearms. The penalties for knowingly violating the proposed rule include issuing an overpayment in the amount used for the prohibited purchase, and the possibility of an increased period of disqualification from the TANF benefits, depending on the number of offenses. The statutory changes enacted in April 2016 were made via PL 484 and codified as 22 MRS §3763(11)-(12).
The proposed rule also includes editing and formatting changes throughout the chapter that improve overall appearance, readability, and consistency of terminology. For example, the term “individual” is changed to “recipient” and “assistance unit” is changed to “assistance group.” Cross references to the Food Supplement Manual are removed to ensure obsolete policy is not referenced by mistake.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: None.
COMMENT DEADLINE: Must be received by 11:59 p.m., September 9, 2016.
CONTACT PERSON FOR THIS FILING: Marta Noriega-Allen, 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. E-mail: Marta.Noriega-Allen@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None known.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 3762(3)A, 3763(11)-(12), 3769-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 22 MRS §3763(11)-(12)
OFI RULES WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .
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ADOPTIONS
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AGENCY: 01-672 – Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Road Setbacks and Accessory Structures
ADOPTEDRULENUMBER: 2016-134
CONCISE SUMMARY: The Commission is updating its rules regarding road setbacks and accessory structures in order to allow property owners to build structures closer to the road in certain subdistricts and to allow residential accessory structures on certain reduced size lots.
EFFECTIVE DATE: August 9, 2016
AGENCY CONTACT PERSON: Naomi Kirk-Lawlor, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4936. E-mail:Naomi.E.Kirk-Lawlor@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .
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AGENCY: 01-672 – Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Appendix F, Expedited Wind Energy Development Area
ADOPTED RULE NUMBER: 2016-135
CONCISE SUMMARY: The Maine Land Use Planning Commission has adopted rule changes to Ch. 10, Land Use Districts and Standards, Appendix F – “Expedited Wind Energy Development Area”. The Commission has updated its rules in response to “An Act To Improve Regulatory Consistency within the Jurisdiction of the Maine Land Use Planning Commission,” P.L. 2015, ch. 265 and in accordance with Title 35-A §3453-A. This adoption responds to 14 petitions for removal from the Expedited Wind Energy Development Area. In accordance with the law, each of the places, if the corresponding petition is valid, shall be removed from the expedited area through rule-making.
EFFECTIVE DATE: August 9, 2016
AGENCY CONTACT PERSON: Tim Beaucage, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4894. E mail:Timothy.Beaucage@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .