April 5, 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 (2nd publication, revised)
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.
As a result of comments made at the initial public hearing on March 7, 2017 at the Bureau of Motor Vehicles main office in Augusta, ME, language has been changed in Section 4 sub. 1 D; Section 4 sub. 1 F; Section 4 sub. 1 K(3)(b); Section 5 sub. 1; Section 5 sub. 1 A(4); Section 5 sub. 1 D; Section 5 sub. 1I.
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 1 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 l 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.
Section 7 references denying, suspending or revoking a school or instructor license. Subsection 1 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: none
COMMENT DEADLINE: May 5, 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 MUNICIPALITTES 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 .


AGENCIES: 10-144 - Department of Health and Human Services (DHHS) - MCDC Immunization Program, jointly with 05-071 - Department of Education (DOE)
PROPOSED RULE FILING NUMBERS: 2017-P024, P025 (republication; hearing scheduled)
RULE CHAPTER NUMBERS: 10-144 CMR Ch. 261 (DHHS); 05-071 CMR Ch. 126 (DOE)
RULE TITLE: Immunization Requirements for School Children
CONCISE SUMMARY: Notice of these proposed major substantive rule changes was previously published on or about March 1, 2017. The prior notice, however, inadvertently failed to include notice of the date, time and location of the required public hearing for these proposed rule changes. This notice now includes notice of the required public hearing. The substance of these proposed rule changes remains the same as the proposed rule changes in the notice published on or about March 1, 2017. More specifically, this addition of a Meningococcal vaccine to the required school entry for children entering 7th grade would further protect Maine students from contracting meningitis, which affects 1,000 to 2,600 people annually in the U.S..
PUBLIC HEARING: April 25, 2017 at 1:00 pm, Key Bank Plaza, 286 Water Street, Augusta, ME
DEADLINE FOR COMMENTS: 5:00 p.m. May 5, 2017
AGENCY CONTACT PERSONS (including small business information):
DHHS: Tera Pare, Manager, Regulations and Enforcement, Maine Center for Disease Control and Prevention, 286 Water Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov . DHHS Rule-making Liaison: Kevin.Wells@Maine.gov .
DOE: Jaci Holmes, Federal State Legislative Liaison / DOE Rule-making Liaison, Maine Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
FISCAL IMPACT OF THE RULE: None.
STATUTORY AUTHORITY: 20-A MRS    6352-6359
WEBSITES:
DHHS: http://www.maine.gov/dhhs/mecdc/ .
DOE: http://www.maine.gov/doe/ .


AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #05-17
PROPOSED RULE NUMBER: 2017-P031
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS  2954.
PUBLIC HEARING: April 20, 2017, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: April 20, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS  8054, 7 MRS  2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 02-032 – Department of Department of Professional and Financial Regulation (PFR), Office of Securities
CHAPTER NUMBER AND TITLE: Ch. 523, Rule Regarding Short-Form Seed Capital Registrations
PROPOSED RULE NUMBER: 2017-P032
BRIEF SUMMARY: The proposed amendments to the rule would simplify the Offering Circular and the impoundment requirements, would increase the minimum offering amount from 30 percent to 50 percent, and would implement issuer reporting requirements.
The text of the proposed amendments to the rule and the notice of rulemaking may be found at the Office’s website: www.investors.maine.gov .
SMALL BUSINESS IMPACT STATEMENT: The small business impact statement may be found on the Office’s website: www.investors.maine.gov .
PUBLIC HEARING: Thursday, April 27, 2017 at 10:00 a.m., Department of Professional and Financial Regulation, Kennebec Room, 76 Northern Avenue, Gardiner, Maine. The Office requests that any interested party requiring special arrangements to attend the hearing contact Dona Garippa by telephone at (207) 624-8551 (TTY users may call Maine Relay 711) before April 21, 2017.
COMMENT DEADLINE: Written comments must be received no later than 4:30 p.m. on Tuesday, May 9, 2017 and should be addressed to: Judith M. Shaw, Securities Administrator, 121 State House Station, Augusta, Maine 04333.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Judith M. Shaw, Administrator, Maine Office of Securities, 121 State House Station, Augusta, ME 04333-0121. Telephone: (207) 624.8551. E-mail: Judith.M.Shaw@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS    16304(6-A), 16605
SUBSTANTIVE STATE OR FEDERAL LAW BEING IPLEMENTED (if different):
OFFICE 0F SECURITIES WEBSITE: http://www.maine.gov/pfr/securities/index.shtml .
OFFICE OF SECURITIES RULE-MAKING LIAISON: Karla.Black@Maine.gov .


AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services - MRS)
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2017
PROPOSED RULE NUMBER: 2017-P033
BRIEF SUMMARY: MRS is proposing to repeal and replace Rule 202 (“Tree Growth Tax Law Valuations - 2017”). The rule is being replaced to provide updated valuation rates for each forest type by region.
PUBLIC HEARING: none
COMMENT DEADLINE: May 5, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: David Ledew, Maine Revenue Services, P.O. Box 9106, Augusta, Maine 04332-9106, 207-624-5600. E-mail: David.P.Ledew@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The rule has minimal impact on municipalities. The valuation amounts for the Tree Growth Tax Law program vary from year to year, which impacts the property tax assessed on land in the program. Fluctuations in local taxes due to valuation changes in this program are partially offset by reimbursement and state subsidy provisions.
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS  576
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .
DAFS RULE-MAKING LIAISON: Robert.Weaver@Maine.gov .


ADOPTIONS


AGENCY: 18-185 - Department of Administrative and Financial Services, State Claims Commission
CHAPTER NUMBER AND TITLE: Ch. 110, Rules of Practice Governing the Conduct of Adjudicatory Proceedings for Real Property Acquisition
ADOPTED RULE NUMBER: 2017-054
CONCISE SUMMARY: This rule makes changes to the existing rules used by the State Claims Commission (“SCC”) when the SCC makes decisions pertaining to claims made by landowners regarding the just compensation due to the landowners from the State of Maine when the state has exercised its eminent domain powers to take private property for public purposes. The title of the rule has been changed from the existing rule so that the title now uses the term “real property acquisition” instead of the archaic term “land damage”. The amendments establish a process for the calculation of interest on awards made by the SCC to landowners. The amendments clarify the process for giving notice to landowners and finding landowners in default if the landowner does not appear at a scheduled hearing. Other changes affect the place where a SCC hearing can be held, and minor changes have been made to the pre-hearing process in regard to discovery and record-keeping of pre-hearing conferences.
EFFECTIVE DATE: April 3, 2017
AGENCY CONTACT PERSON: Richard A. Estabrook, Esq., Clerk, State Claims Commission, Department of Administrative and Financial Services, 86 State House Station, Augusta, ME 04333. Telephone: (207) 624-7442. E-mail: Richard.Estabrook@Maine.gov .
COMMISSION WEBSITE: http://www.maine.gov/dafs/boards/scc/index.html .
DAFS RULE-MAKING LIAISON: Robert.Weaver@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations (Ice fishing season extension)
ADOPTED RULE NUMBER: 2017-055 (Emergency)
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife, in accordance with an emergency Resolve passed by the 128th Legislature (Ch. 2 Resolves), has amended the Open Water and Ice Fishing Regulations to allow bodies of water that are currently open to ice fishing in the North Region to continue to be open April 1 through April 16, 2017.
All rules and regulations for those waters that are already open to ice fishing in the North Region will remain in effect.
Please check the 2017 Open Water & Ice Fishing Regulations booklet for individual bodies of water.
Based on unusually cold weather conditions and lack of open water availability in the North Region, the Commissioner has determined that an extension of the ice fishing season will enhance fishing opportunities for anglers.
EFFECTIVE DATE: April 1, 2017
AGENCY CONTACT PERSON / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IFW WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 230, Adult Education Program Requirements
ADOPTED RULE NUMBER: 2017-056
CONCISE SUMMARY: This amendment changes the rule to align with the statute by adding the requirement that a student under age 17 has withdrawn from school in order to access adult education.
No comments were received by the comment deadline.
EFFECTIVE DATE: April 5, 2017
AGENCY CONTACT PERSON: Gail Senese, Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6755. E-mail: Gail.Senese@Maine.gov .
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Jaci.Holmes@Maine.gov .


AGENCY: 09-137- Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 8.06, Endangered Species (Bat Protection Guidelines)
ADOPTEDRULENUMBER: 2017-057
CONCISE SUMMARY: In accordance with Title 12 MRS    12804(3) and 12808-A, the Department has adopted a new rule within Ch. 8 to provide protection guidelines and exemptions for certain activities as they relate to bat species protected under the Maine Endangered Species Act (MESA). A complete copy of the rule is available from the agency rule-making contact person listed below.
EFFECTIVE DATE: April 8, 2017
AGENCY CONTACT PERSON / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: http://www.maine.gov/ifw/ .