August 26, 2015

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted 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 Section 11112). World-Wide 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, who are single points of contact for each agency.

PROPOSALS

AGENCY: 02-313 - Maine Board of Dental Examiners (affiliated with the Department of Professional and Financial Regulation – PFR)
CHAPTER NUMBER AND TITLE: Ch. 5, Requirements for Licensure as a Denturist
PROPOSED RULE NUMBER: 2015-P140
BRIEF SUMMARY: This chapter implements Public Law 2015 ch. 192 of the 127th Legislature (First Regular Session), which allows the Board of Dental Examiners to issue a permit to a denturist student for the purpose of performing limited denturist services in order to meet the clinical requirements of a board-approved denturism educational program. The proposed amendment outlines the requirements for an individual seeking a denturist externship permit.
PUBLIC HEARING: September 18, 2015 at 2:00 p.m., Maine Board of Dental Examiners – Conference Room, 161 Capitol Street, Augusta, ME
COMMENT DEADLINE: September 28, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / BOARD RULE-MAKING LIAISON: Penny Vaillancourt, Executive Director, Board of Dental Examiners, 143 State House Station, Augusta, ME 04333. Telephone: (207) 287-3333. E-mail: Penny.Vaillancourt@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: no impact.
STATUTORY AUTHORITY FOR THIS RULE: Public Law 2015 ch. 192 of the 127th Maine Legislature (First Regular Session (LD 1009)) and 32 MRSA  §1073(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.mainedental.org/ .


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: Ch. II Section 80, Pharmacy Services
PROPOSED RULE NUMBER: 2015-P141
CONCISE SUMMARY: This proposed rule-making seeks to delete the Wholesale Acquisition Cost (WAC) from the reimbursement rate options. Furthermore, in order to be consistent with state statute 22 MRS  §3174-WW, the no co-payment requirement for smoking cessation products has been added to the pharmacy benefits retroactive to August 1, 2014, for members eighteen (18) years of age or older or who are pregnant. In addition, some terms have been replaced with nationally recognized language that is considered more respectful of the individual. The term ICF-MR (Intermediate Care Facility for Persons with Mental Retardation) has been changed to ICF-IID (Intermediate Care Facility for Individuals with Intellectual Disabilities).
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: September 15, 2015 - 10:00 a.m., Department of Health and Human Services, 221 State Street, Conference Room 1, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before September 8, 2015.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 25, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Ann O’Brien, Comprehensive Health Planner, Office of MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4045. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ann.Obrien@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will impose additional cost upon municipalities and/or counties or result in an adverse economic impact on small business.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA  § § 42, 3173; 22 MRS  §3174-WW; PL 2012 ch.542  §B-5
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 325, Maine New Markets Capital Investment Program
PROPOSED RULE NUMBER: 2015-P142
BRIEF SUMMARY: The rule amendment is necessary to protect the program from unintended use. In the course of administering the program, certain kinds of transactions have been eligible for tax credits under the existing rule that do not provide the level of direct public benefit that the Authority believes the program was intended to require, as stated in the legislative findings and intent found in 10 MRSA  §1100-Z(1). The amendment addresses this issue by further defining a qualified low-income community investment, adding a restriction that such an investment does not include a transaction where more than a de minimus amount (5%) is used to refinance expenses already made, to make equity distributions, to acquire existing businesses, or to pay transaction fees.
PUBLIC HEARING: September 17, 2015 – 10:30 a.m., Finance Authority of Maine, 5 Community Drive, Augusta, Maine
COMMENT DEADLINE: September 27, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / FAME RULE-MAKING LIAISON: Christopher H. Roney, FAME, 5 Community Drive, Augusta, ME 04333. Telephone: (207) 623-3263. E-mail: CRoney@FameMaine.com .Website: www.famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: The proposed amendment will not impose any costs on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA  §1100-ZZ; 36 MRSA  §5219-GG
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 11, Scallops: Atlantic Sea Scallop Regulations and 2015-2016 Harvesting Season
PROPOSED RULE NUMBER: 2015-P143
CONCISE SUMMARY: This proposed rule-making establishes the 2015-2016 scallop fishing season. As in the 2014-2015 season, there would be a daily possession limit of 15 gallons for Zone 1 and Zone 2, and a daily possession limit of 10 gallons for Zone 3. For Zone 1, a 60-day season is set for draggers to start on December 15, 2015 and the proposed last day of the season is April 11, 2016. For Zone 1, a 60-day season is set for divers to start on December 1, 2015 and the proposed last day of the season is April 15, 2016. For Zone 2, a 70-day season is set for draggers to start on December 1, 2015 and the proposed last day of the season is April 13, 2016. For Zone 2, a 70-day season is set for divers to start on December 1, 2015 and the proposed last day of the season is April 15, 2016. For Zone 3, a 50-day season is set for draggers to start on December 1, 2015, and the proposed last day of the season is March 23, 2016. For Zone 3, a 50-day season is set for divers to start on December 1, 2015 and the proposed last day of the season is March 26, 2016.
In addition, DMR is proposing to implement a number of targeted closures based on depletion, high concentrations of seed/sublegal scallops and the presence of spat-producing scallops which include Eastern Casco Bay, Damariscotta River, Ocean Point, Muscle Ridge (open two days per week), Lower Muscle Ridge, South Portland Harbor, Lower Broad Sound (Casco Bay), Sheepscot River, Muscongus Bay and Moosabec Reach. Finally, the proposed rule reorganizes the chapter to clarify the distinction between the statutory limits of the scallop season, open days, and the in-season conservation closures which are implemented in order to prevent unusual damage or imminent depletion of the resource.
PUBLIC HEARINGS:
Augusta: September 15, 2015, 6:00 p.m., DMR Conference Room, Marquardt Building, 32 Blossom Lane
Ellsworth: September 16, 2015, 6:00 p.m., Ellsworth City Hall Auditorium, One City Hall Plaza
Machias: September 17, 2015, 6:00 p.m., University of Maine-Machias, Science Building Room 102
Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson, at (207) 624-6550.
DEADLINE FOR COMMENTS: September 27, 2015. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Trisha Cheney (207-624-6554)
Mail written comments to; attn..: Deirdre Gilbert, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6576. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). DMR rule-making e-mail: dmr.rulemaking@maine.gov . DMR rule-making website: http://www.maine.gov/dmr/rulemaking/ .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRS  §6171
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Deirdre.Gilbert@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 26, Sea Urchins: Sea Urchin Regulations and Targeted Closures
PROPOSED RULE NUMBER: 2015-P144
CONCISE SUMMARY: This regulation would establish a targeted sea urchin harvest closure in the Cat Ledges Area in order to facilitate an industry-ledge Pilot Sea Urchin Restoration Project in the area. The closure is proposed for three years and will expire on May 1, 2018 when the project is anticipated to be complete. The goal of the project is to evaluate the success of transplanting wild sea urchins and the out planting of hatchery raised juvenile sea urchins as a means to re-establish a colony of commercially viable urchins in an area that once supported wild harvest where they are now commercially extinct. This effort has been developed through the Sea Urchin Zone Council (SUZC) and is an industry-led project with harvesters conducting the majority of the work with the support of the SUZC’s scientists. In addition, this regulation would remove the restriction that Zone 2 divers may not possess, fish or take urchins with a bag having a mesh opening of less than 2 ¼ inches between knots, as Zone 2 divers are now required to cull undersized urchins on bottom.
PUBLIC HEARING: September 15, 2015 - 6:00 p.m., DMR Conference Room, Marquardt Building, 32 Blossom Lane, Augusta, Maine
Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson, at (207) 624-6550.
DEADLINE FOR COMMENTS: September 27, 2015. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Trisha Cheney (207-624-6554)
Mail written comments to: attn.: Deirdre Gilbert, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6576. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). DMR rule-making e-mail: dmr.rulemaking@maine.gov . DMR rule-making website: http://www.maine.gov/dmr/rulemaking/ .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRS  §6171
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Deirdre.Gilbert@Maine.gov .

ADOPTIONS

AGENCY: 94-649 - Maine Commission on Indigent Legal Services (MCILS)
CHAPTER NUMBER AND TITLE: Ch. 2, Standards for Qualifications of Assigned Counsel
ADOPTED RULE NUMBER: 2015-152 (Final adoption, major substantive)
CONCISE SUMMARY: This rule amends the MCILS standards for eligibility to provide indigent legal services to strengthen requirements that attorneys report bar disciplinary proceedings and criminal charges to the Commission by requiring that the reports be in writing and specifying exactly when the duty to report arises. The amendment also explicitly authorizes the Executive Director to remove or suspend attorneys from the roster of eligible attorneys and outlines the procedure for doing so.
EFFECTIVE DATE: September 17, 2015
AGENCY CONTACT PERSON / MCILS RULE-MAKING LIAISON: John D. Pelletier, Esq., Executive Director, Maine Commission on Indigent Legal Services, 154 State House Station, Augusta, ME 04333. Telephone: (207) 287-3254. E-mail: John.Pelletier@Maine.gov .
WEBSITE: http://www.maine.gov/mcils/ .


?AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Designation of Boathouses and Waterfront in Grand Lake Stream Plantation as a Designated Area of Cultural or Special Significance
ADOPTED RULE NUMBER: 2015-153
CONCISE SUMMARY: On 8/12/2015 the Maine Land Use Planning Commission adopted proposed amendments to Ch. 10, Land Use Districts and Standards, to designate the Grand Lake Stream Plantation Boathouses and Waterfront as a Designated Area of Cultural or Special Significance (DACSS). Within a DACSS, applicants are able to apply for a permit to reconstruct in place or expand legally existing, nonconforming structures, provided that proposed reconstruction projects conform to the purpose of designation. The proposed DACSS includes the boathouses and public boat launches located in hatchery Cove near the outlet to West Grand Lake. Three of the boathouses in this area were destroyed by fire on May 14, 2014. The boathouses and waterfront area are an iconic location in the village that has been a familiar visual backdrop for residents and visitors for the last 100 years. The area provides public benefits for residents and visitors by 1) adding to the quality of life; and 2) stimulating economic activity by drawing tourists.
EFFECTIVE DATE: August 24, 2015
AGENCY CONTACT PERSON: Samantha Horn Olsen, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4932. E-mail: Samantha.Horn-Olsen@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (AFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 205, Certification of Assessors
ADOPTED RULE NUMBER: 2015-154
CONCISE SUMMARY: Rule 205 ("Certification of Assessors") has been updated to correct obsolete references and make other housekeeping changes. Certification and the continuing education of property tax assessors in the State of Maine is the responsibility of the State Tax Assessor. This rule governs the nature and content of the certification examinations as well as the enforcement of the continuing education requirements required under 36 MRS  §311.
EFFECTIVE DATE: August 26, 2015
AGENCY CONTACT PERSON: David Ledew, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207 624-5601. E-mail: David.P.Ledew@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 01-670 - Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands (BPL) – Off-Road Recreational Vehicle Office
CHAPTER NUMBER AND TITLE: Ch. 9, Rules for Snowmobile Capital Equipment Grant-In-Aid Program
ADOPTED RULE NUMBER: 2015-155
CONCISE SUMMARY: The purpose of the rule changes is to correct inconsistent/ conflicting language, correct grammatical errors, and incorporate language to implement a grant scoring system.
EFFECTIVE DATE: August 29, 2015
AGENCY CONTACT PERSON / DEPARTMENTAL RULE-MAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
BPL WEBSITE: http://www.maine.gov/dacf/parks/index.shtml .


AGENCY: 01-670 - Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands (BPL) – Off-Road Recreational Vehicle Office
CHAPTER NUMBER AND TITLE: Ch. 10 (New), Rules for Snowmobile Disaster Relief Grant-In-Aid Program
ADOPTED RULE NUMBER: 2015-156
CONCISE SUMMARY: To identify the process and define the terms and conditions for making disaster relief grants to snowmobile clubs and political subdivisions for the remediation of catastrophic events that significantly impact funded trail connectivity.
EFFECTIVE DATE: August 29, 2015
AGENCY CONTACT PERSON / DEPARTMENTAL RULE-MAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
BPL WEBSITE: http://www.maine.gov/dacf/parks/index.shtml .