February 10, 2016

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.


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 3, Physical, Emotional and Mental Competence to Operate a Motor Vehicle
BRIEF SUMMARY: These rules are being repealed and replaced to reflect changes and/or updates in health care, as well as to more closely align with some recent research on medical conditions and their impact of safe operation of a motor vehicle. They describe the standards to be used by the Secretary of State in determining physical, emotional and mental competence of persons to operate motor vehicles. The rules establish a reporting system that requires persons to submit medical information to the Secretary of State. Persons found incompetent to operate a motor vehicle in accordance with procedures outlined in these rules may have their driving privileges suspended, revoked or restricted.
PUBLIC HEARING: March 15, 2016 - 9 a.m. to noon - Bureau of Motor Vehicles - Executive Conference Room, 101 Hospital Street, Augusta, ME
COMMENT DEADLINE: March 25, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Linda Grant, Director, Division of Driver License Services, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9124. Fax: (207) 624-9295. TTY: Use Maine Relay 711. E-mail: Linda.Grant@Maine.gov . Website: www.maine.gov/sos/bmv .
BMV RULE-MAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 25, Leashed Dog Tracking License
BRIEF SUMMARY: In accordance with PL 2015 ch. 90, the Commissioner of Inland Fisheries and Wildlife is proposing to amend rules as they apply to the leashed dog tracking license. The term “license” is proposed to be amended to “permit” to be consistent with law; licensed hunting guides will be exempted from the permit process, and the proposal also would limit the number of dogs that could be used when tracking bear, deer or moose to one (1).
A complete copy of the proposal can be obtained from the agency rule-making contact person, below.
PUBLIC HEARING: None scheduled, one may be requested.
COMMENT DEADLINE: March 11, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 03-201 - Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10, Community Transition Program
CONCISE SUMMARY: The Department of Corrections adopted by an emergency rule on November 12, 2015 a revision to Ch. 10 Subsection 27.3, “Community Transition Program”, pursuant to 34-A MRSA  §3035 that allowed the Commissioner to permit prisoners to participate in a special work release project for a specified period of time. This emergency rule assists employers in the State of Maine, especially seasonal employers who are having difficulties in finding employees, to have an additional pool of potential employees, while at the same time providing additional and more extensive work opportunities for prisoners to assist with community reintegration. These revisions ensure a viable work force for Maine employers who otherwise might be unable to sustain their businesses.
Also, an emergency rule on the Community Transition Program was adopted on October 21, 2015 extending the eligibility for community transition programs from one year to two years prior to a prisoner's current release date and changing the requirement of requiring a prisoner to serve 120 days in a Department facility to 30 days.
This proposed rule is to adopt through the regular rule making process the provisions of the 10/21/15 and the 11/12/15 emergency rules along with other revisions.
The revised rule would make changes that include: aligning the application, approval and review process for the Community Transition Program (work release, education release or public service release) with the Ch. 10 Subsection 27.4, “Furlough Pass/Furlough Leave Program”, that was recently adopted on November 9, 2015; changing the 30 day requirement in the emergency rule to refer to time served in the facility from which the prisoner is allowed to participate in the program; adopting the two year eligibility requirement; requiring sex offenders to complete sex offender treatment to be considered for the program; prohibiting domestic violence offenders and sex offenders with minor victims from participating in the program if contact with his or her victim is likely, unless granted a waiver by the Commissioner; provisions for monitoring participation; and including an appeal process.
EFFECTIVE DATE: February 3, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / DOC RULE-MAKING LIAISON: Mary Lucia, Department of Corrections, 25 Tyson Drive, 111 State House Station, Augusta, ME 04333-0111. Telephone: (207) 287-4681. E-mail: Mary.A.Lucia@Maine.gov .
DOC WEBSITE: http://www.maine.gov/corrections/ .

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
CONCISE SUMMARY: This adopted rule retroactively increases reimbursement rates by 4% for Adult Family Care Services at residential care facilities provided under MaineCare Benefits Manual, Ch. III Section 2, “Adult Family Care Services”. This rule adoption follows the enactment of the State’s biennial budget, which among other MaineCare rate increases, increased the rates for Section 2 services effective July 1, 2015. PL 2015 ch. 267, 702 – L.D. 1019, Part A, Sec. A-32, and Part UUUU, Sec. UUUU-1.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: Retroactive to July 1, 2015
AGENCY CONTACT PERSON: Thomas Leet, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4068. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Thomas.Leet@Maine.gov .
OMS 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. 612, Maine Dental Education Loan and Loan Repayment Programs (Amendment 3)
CONCISE SUMMARY: The rule amendment makes changes to the loan repayment program by requiring that payments be made directly to the holders of the loans and clarifying the timing of such payments. The rule amendment also makes changes to the loans to dental students program primarily by (a) modifying the application requirements; (b) providing for partial loan forgiveness in the event of eligible but part-time employment of at least 20 hours per week; and (c) changing the interest rates for first loans made after January 1, 2016, and renewals of those loans.
EFFECTIVE DATE: February 7, 2016
AGENCY CONTACT PERSON: Katryn Gabrielson, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 620-3515. E-mail: kgabrielson@famemaine.com .
WEBSITE: http://www.famemaine.com/ .
FAME RULE-MAKING LIAISON: croney@famemaine.com .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.22, Targeted Closures: (18) Cobscook Bay; (19) St. Croix River; and (20) Owls Head
ADOPTED RULE NUMBER: 2016-019 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of conservation closures located in Cobscook Bay and Owls Head in order to protect Maine's scallop resource due to the risk of imminent depletion and unusual damage. In addition, harvesting in the St. Croix River will be limited to one day per week for draggers, and one day per week for divers. While scallop populations are indicating signs of recovery in some areas of the state, the Department is concerned that unrestricted harvest during the remainder of the 2015-16 fishing season in these specific areas may damage sublegal scallops that could be caught during subsequent fishing seasons, as well as reducing the broodstock essential to a recovery. These immediate conservation closures are necessary to reduce the risk of unusual damage and imminent depletion. For these reasons, the Commissioner hereby adopts an emergency closure of Maine's scallop fishery in Cobscook Bay and Owls Head as well as restricts harvest in the St. Croix River, as authorized by 12 MRS  §6171(3).
EFFECTIVE DATE: February 6, 2016
AGENCY CONTACT PERSON: Trish Cheney. Telephone: (207) 624-6554. E-mail: Trisha.Cheney@Maine.gov . Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). DMR rule-making website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Hannah.Dean@Maine.gov .