February 15, 2017

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: 29-250 - Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing Motorcycle Rider Education
PROPOSED RULE NUMBER: 2017-P020
BRIEF SUMMARY: The primary purposes of these rules are to: (1) establish the minimum qualifications, licensing standards, and procedures for the licensure of motorcycle rider education schools and instructors, and (2) implement a standardized motorcycle rider education curriculum based on best practices. These rules repeal existing rules governing motorcycle rider education in accordance with PL 1995 ch. 505  19.
DETAILED SUMMARY:
Section l recites the primary purpose of these rules and provides for the repeal of existing rules governing motorcycle rider education except as discussed below.
Section 2 defines significant terms and phrases.
Section 3 details motorcycle rider education instructor licensing requirements. Subsection 1 list general requirements for licensure. Subsection 2 details continuing education and training requirements. Subsection 3 list license expiration and renewal requirements. Subsection 4 requires motorcycle rider education instructors to properly deliver the course.
Section 4 details motorcycle rider education school licensing requirements. Subsection l paragraphs A - D lists requirements for facilities. Paragraph E lists required teaching aids, literature, and forms. Paragraph F describes range requirements. Paragraph G describes insurance requirement. Paragraph H, Land use regulations. Paragraph K and J define motorcycle requirements.
Section 5 establishes motorcycle rider education program requirements. Subsection 1 describes the curriculum requirements; student eligibility; submission and retention of records; course completion certificate requirements; process to obtain a duplicate course completion certificate; performance monitoring by the Secretary of State; refund and cancellation policy; harassment prevention; student instructor ratio.
Section 6 sets processing procedure for complaints against schools and instructors and the responsibilities of the Secretary of State in regards to complaints no she can.
Section 7 references denying, suspending or revoking a school or instructor license. Subsection l provides the Secretary of State with authority to deny, suspend or revoke a school or instructor license for noncompliance. Subsection 2 provides a right to a hearing for denial, suspension or revocation of a license. Section 3 requires a denied, suspended or revoked license to be returned to the Secretary of State.
Section 8 outlines prohibited conduct regarding motorcycle rider education.
PUBLIC HEARING: March 7, 2017, 10:00 a.m. - 12:00 noon, Bureau of Motor Vehicles - Executive Conference Room, 101 Hospital Street, Augusta, ME 04333
COMMENT DEADLINE: March 17, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Linda Grant, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone (207) 624-9051. Fax (207) 624-9295. TTY Use Maine relay 711. E-mail: Linda.Grant@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS  153
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BMV WEBSITE: www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Leslie.Soares@Maine.gov .


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. X Section 1, Benefit for People Living with HIV/AIDS
PROPOSED RULE NUMBER: 2017-P021
CONCISE SUMMARY: This rule is being proposed in order to update outdated references identifying Department agencies, MaineCare Benefit Manual policies and services, and outdated internet website addresses. The rule also clarifies and lists specific non-covered services and required co-payments for certain services in a more organized, easier to understand form. The rule changes the entity responsible for maintaining the Benefit waitlist from the Maine CDC to the Office for Family Independence. Additional changes to the rule include more specifically-defined objectives that may lead to disenrollment, simplification of disenrollment protocol, clarification of appeal rights language, and minor grammar and punctuation changes.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Monday, March 6, 2017 - 9:30 a.m., Marquardt Building, Room 118, 32 Blossom Lane, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before Thursday, March 2, 2017.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on March 16, 2017
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Anne Labonte Perreault, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Anne.Labonte-Perreault@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES / SMALL BUSINESS INFORMATION: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS    42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


ADOPTIONS


AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 607, Access to Medical Education and Health Professions Loan Programs, Amendment 10
ADOPTED RULE NUMBER: 2017-014
CONCISE SUMMARY: The rule amendments provide for (a) partial loan forgiveness in the event of eligible but part-time employment except for borrowers under Sections IV and V; (b) loan forgiveness in the event of death or total and permanent disability; and (c) elimination of the annual report requirement for borrowers who withdrew from professional education or no longer reside in Maine.
EFFECTIVE DATE: February 12, 2017
AGENCY CONTACT PERSON: Katryn Gabrielson, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 623-3263. E-mail: KGabrielson@FameMaine.com .
FAME WEBSITE: http://www.famemaine.com/ .
FAME RULE-MAKING LIAISON: CRoney@FameMaine.com .


AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 617, Health Professions Loan Program, Amendment 1
ADOPTED RULE NUMBER: 2017-015
CONCISE SUMMARY: The rule amendments provide for (a) loan forgiveness in the event of death or total and permanent disability; (b) elimination of the annual report requirement for borrowers who withdrew from professional education or no longer reside in Maine; and (c) limitation of post-graduate training to 6 years, except for dental and veterinary students.
EFFECTIVE DATE: February 12, 2017
AGENCY CONTACT PERSON: Katryn Gabrielson, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 623-3263. E-mail: KGabrielson@FameMaine.com .
FAME WEBSITE: http://www.famemaine.com/ .
FAME RULE-MAKING LIAISON: CRoney@FameMaine.com .


AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 618, Maine Veterinary Medicine Loan Program, Amendment 1
ADOPTED RULE NUMBER: 2017-016
CONCISE SUMMARY: The rule amendments provide for (a) loan forgiveness upon death or total and permanent disability; and (b) elimination of the annual report requirement for borrowers who withdrew from professional education or no longer reside in Maine.
EFFECTIVE DATE: February 12, 2017
AGENCY CONTACT PERSON: Katryn Gabrielson, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 623-3263. E-mail: KGabrielson@FameMaine.com .
FAME WEBSITE: http://www.famemaine.com/ .
FAME RULE-MAKING LIAISON: CRoney@FameMaine.com .


AGENCY: 02-288 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Maine State Board for Licensure of Architects, Landscape Architects and Interior Designers
CHAPTER NUMBERS AND TITLES:
Ch. 12, Licensure of Architects
Ch. 15, Application for Licensure
Ch. 19, Incorporation by Reference
ADOPTED RULE NUMBERS: 2017-017, 018, 019
CONCISE SUMMARY: The Board for Licensure of Architects, Landscape Architects and Interior Designers amended Ch. 12, 15, and 19 of its rules in order to reflect statutory changes implemented by PL 2015 c. 414  1 that amended the practical experience requirement for applicants for architect licenses in Maine, and to update the standards of the National Council of Architectural Registration Boards (NCARB) that have been incorporated by reference into the rules.
EFFECTIVE DATE: February 13, 2017
AGENCY CONTACT PERSON: Karen L. Bivins, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8524. TTY users call Maine Relay 711. E-mail: Karen.L.Bivins@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/architects/index.html .
PFR/OPOR RULE-MAKING LIAISON: Anne.L.Head@Maine.gov .


AGENCY: 18-553 - Department of Administrative and Financial Service (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 3 (New), On Premise Data Collection Cost Mitigation Stipend
ADOPTED RULE NUMBER: 2017-020
CONCISE SUMMARY: To establish the process for a one-time stipend to be paid by the Bureau to agency liquor stores licensed as reselling agents as of July, 1, 2016, for mitigating the cost of providing on-premise sales data to the Bureau from agency liquor stores which were licensed as reselling agents as of July 1, 2016.
EFFECTIVE DATE: February 15, 2017
AGENCY CONTACT PERSON / BABLO RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .


AGENCY: 18-553 - Department of Administrative and Financial Service (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 70 (New), World Poker Tour Game Rules
ADOPTED RULE NUMBER: 2017-021
CONCISE SUMMARY: This new rule governs the draw lotto game World Poker Tour. The game is only being offered by the Maine State Lottery. This is a draw game with an instant win and add on game components. The cost of a game play is $2.00 (two dollars). The draw game is based on drawing five (5) cards from a standard deck of playing cards. The instant win component is based on the five (5) cards matching a winning poker hand of Jack or better that have printed on the ticket at the time of purchase. The game offers a $1.00 (one dollar) add on feature called “All In”. The “All In” feature allows players to enter the progressive jackpot that starts at $10,000 and grows based on sales.
The average odds of winning a prize in the draw game is 1:235.3 and the average odds of winning a prize in the instant win component is 1:4.8. The top prize of the draw game component is $100,000; $5,000 for the instant win component and $5,000 plus 100 percent (one hundred) of the progressive jackpot amount.
EFFECTIVE DATE: February 15, 2017
AGENCY CONTACT PERSON / BABLO RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .