LD 468
pg. 336
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LR 2149
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equal payments over a period no longer than the spouse's life
expectancy determined at the time of purchase, as established by
the life expectancy tables published by the federal Centers for
Medicare and Medicaid Services or other appropriate federal
agencies identified by the department. These rules do not displace
the provisions of Title 24-A, section 2428, exempting from claims
of creditors the proceeds of a contract of annuity insurance, but
the department is authorized to count as an available asset for
MaineCare eligibility the value of any contract of annuity
insurance that does not qualify for exclusion as described in this
section.

 
Sec. DDD-14. Application. This Part applies to all estate recovery
claims that are asserted for the first time by the Department of
Health and Human Services on or after January 1, 2005,
notwithstanding that a MaineCare recipient may have received
benefits prior to that date and that a potential claim for
MaineCare recovery may have been accruing prior to that date.

 
PART EEE

 
Sec. EEE-1. 7 MRSA §743, first ¶, as amended by PL 2001, c. 670, §1, is
further amended to read:

 
Each brand and grade of commercial fertilizer must be
registered before being offered for sale, sold or distributed in
this State. The application for registration must be submitted
to the commissioner on forms furnished by the commissioner and
must be accompanied by an annual fee of $14 $100 per plant food
element guaranteed product. All registrations expire on December
31st or in a manner consistent with the provisions as to license
expiration of the Maine Administrative Procedure Act, Title 5,
section 10002, whichever is later. The commissioner may issue a
registration for a one-year, 2-year or 3-year period.
Registrations for a period in excess of one year may only be
issued with the agreement of or at the request of the applicant.
The fee for a 2-year registration is 2 times the annual fee. The
fee for a 3-year registration is 3 times the annual fee. The
commissioner may refuse to register or renew or may suspend or
cancel registration for failure to comply with this subchapter or
with rules adopted pursuant to this subchapter. This refusal,
suspension or cancellation is considered rule-making rulemaking
as that term is defined in the Maine Administrative Procedure
Act, Title 5, chapter 375 and notice and opportunity for a
hearing must be provided in a manner consistent with the Maine
Administrative Procedure Act, Title 5, chapter 375. The
application must include the following information:


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