May 17, 2017

WEEKLY NOTICES OF STATE RULEMAKING
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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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 rulemaking liaisons, who are single points of contact for each agency.


PROPOSALS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Support Enforcement and Recovery (DSER)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual
PROPOSED RULE NUMBER: 2017-P052
BRIEF SUMMARY: The Flexibility, Efficiency and Modernization in Child Support Enforcement Programs final rule was published by the Federal government on December 20, 2016. Several provisions in the new regulation necessitate changes to the Maine Child Support Enforcement Manual ("Manual") in order to remain in compliance with the State Plan for Child Support Enforcement. This rulemaking brings the Manual up to date with these changes. Chapters needing revision are 5, 12, 13 and 25.
PUBLIC HEARING: None.
COMMENT DEADLINE: June 17, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tracy Quadro Arietti, Staff Counsel, 11 State House Station, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-6983. Fax: (207) 287-6883. TTY: 711 Maine Relay. E-mail: Tracy.Quadro@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS  42(1); 81 Federal Register 93492
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DSER WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 81, School Transportation Safety
PROPOSED RULE NUMBER: 2017-P053
BRIEF SUMMARY: These regulations provide the criteria for the Commissioner of Education to certify to the Secretary of State that school administrative units have met transportation safety requirements.
DETAILED SUMMARY: The existing Ch. 81 will be repealed and replaced with separate, shorter, and cleaner regulations. The new regulations are written to align with MRS Title 29-A, MRS Title 20-A, and federal regulations, and modernize the transportation rule. When combined with technical, language, and process updates, the new regulations will provide a more durable rule.
The new Ch. 81 replaces the Maine School Bus Regulations sections of the existing Ch. 81. The new regulation updates and establishes uniform safety requirements that include: student riding safety practices training, transportation employee in-service safety training, entry-level school bus driver training, prohibitions, school bus daily inspections, transportation contracts, year-end transportation reports, and records retention.
PUBLIC HEARING: June 5, 2017, 8:30 a.m. to 9:30 a.m., Burton M. Cross Building - Room 400, 111 Sewall Street, Augusta, ME
COMMENT DEADLINE: June 16, 2017, 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Pat Hinckley, Maine Department of Education, 23 State House Station, Augusta, ME 04330. Telephone: (207) 624-6886. Fax: (207) 624-6618. TTY: Maine Relay 711. E-mail: Pat.Hinckley@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: MRS Title 29-A  2311; MRS Title 20-A  5401 sub- 17
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE RULEMAKING WEBSITE: http://www.maine.gov/doe/rule/changes/index.html .
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Jaci.Holmes@Maine.gov .


AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 82 (New), School Bus Driver Fitness Determination
PROPOSED RULE NUMBER: 2017-P054
BRIEF SUMMARY: These regulations provide the criteria for the Commissioner of Education to certify to the Secretary of State that school bus drivers have met the fitness requirements to operate a school bus.
DETAILED SUMMARY: Ch. 82 replaces the School Bus Driver Physical Examination section of the existing Ch. 81. The existing Ch. 81 will be repealed and replaced with separate, shorter, and cleaner regulations. The new regulations are written to align with MRS Title 29-A, .RS Title 20-A, and federal regulations, and modernize the transportation rule. When combined with technical, language, and process updates, the new regulations will provide a more durable rule.
The Ch. 82 regulations provide the criteria for the Commissioner of Education to certify to the Secretary of State that school bus drives have met the fitness requirements to operate a school bus. The new rule updates and establishes uniform school bus driver fitness determination that aligns with the federal National Registry of Certified Medical Examiners and Medical Examination Report Form (also known as the U.S. Dot physical exam); the registry and form are preferred by medical examiners both nationally and in Maine.
PUBLIC HEARING: June 5, 2017, 10:00 a.m. to 11:00 a.m., Burton M. Cross Building - Room 400, 111 Sewall Street, Augusta, ME
COMMENT DEADLINE: June 16, 2017, 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Pat Hinckley, Maine Department of Education, 23 State House Station, Augusta, ME 04330. Telephone: (207) 624-6886. Fax: (207) 624-6618. TTY: Maine Relay 711. E-mail: Pat.Hinckley@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: MRS Title 29-A  2311; MRS Title 20-A  5401 sub- 17
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE RULEMAKING WEBSITE: http://www.maine.gov/doe/rule/changes/index.html .
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Jaci.Holmes@Maine.gov .


AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 83 (New), School Transportation Operations Program
PROPOSED RULE NUMBER: 2017-P055
BRIEF SUMMARY: These regulations establish procedures for school administrative units (SAUs) to request use of the school transportation operations program software.
DETAILED SUMMARY: Ch. 83 is written to align with MRS Title 29-A, Title 20-A, and federal regulations, and modernize the transportation rules.
These regulations establish procedures for school administrative units (SAUs) to request use of the school transportation operations program software.
Ch. 83 provides a method to determine what SAUs are eligible for access to the Transportation Operations Program software. This program is a safety and operations resource to help SAUs manage safe and efficient operations as well as emergency preparedness.
PUBLIC HEARING: June 5, 2017, 11:30 a.m. to 12:30 p.m., Burton M. Cross Building - Room 400, 111 Sewall Street, Augusta, ME
COMMENT DEADLINE: June 16, 2017, 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Pat Hinckley, Maine Department of Education, 23 State House Station, Augusta, ME 04330. Telephone: (207) 624-6886. Fax: (207) 624-6618. TTY: Maine Relay 711. E-mail: Pat.Hinckley@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: MRS Title 29-A  2311; MRS Title 20-A  5401 sub- 17
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE RULEMAKING WEBSITE: http://www.maine.gov/doe/rule/changes/index.html .
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Jaci.Holmes@Maine.gov .


AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 84 (New), School Bus Refurbishment Program
PROPOSED RULE NUMBER: 2017-P056
BRIEF SUMMARY: These regulations establish procedures for school administrative units (SAUs) to contract for school bus refurbishment services through the Maine School Bus Refurbishment Program.
DETAILED SUMMARY: Ch. 84 is written to align with MRS Title 29-A, MRS Title 20A, and federal school bus safety standards.
These regulations establish procedures for school administrative units (SAUs) to contract for school bus refurbishment services through the Maine School Bus Refurbishment Program.
Ch. 84 provides subsidy to school administrative units (SAUs) in order to offset the partial cost of refurbishment for school buses that are used to transport students to and from home and school and school events. This program is a safety resource to help SAUs contract for refurbishment services in order to extend the safe useful life of school buses.
PUBLIC HEARING: June 5, 2017, 1:00 p.m. to 2:00 p.m., Burton M. Cross Building - Room 400, 111 Sewall Street, Augusta, ME
COMMENT DEADLINE: June 16, 2017, 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Pat Hinckley, Maine Department of Education, 23 State House Station, Augusta, ME 04330. Telephone: (207) 624-6886. Fax: (207) 624-6618. TTY: Maine Relay 711. E-mail: Pat.Hinckley@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: MRS Title 29-A  2311; MRS Title 20-A  5401 sub- 17
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE RULEMAKING WEBSITE: http://www.maine.gov/doe/rule/changes/index.html .
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Jaci.Holmes@Maine.gov .


AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 85 (New), School Bus Purchase Program
PROPOSED RULE NUMBER: 2017-P057
BRIEF SUMMARY: These regulations establish procedures for school administrative units (SAUs) to request purchase of new school buses and receive subsidy through the Maine School Bus Purchase Program.
DETAILED SUMMARY: Ch. 85 replaces the Requirement for School Bus Purchase Approval section of the existing Ch. 81.
The existing Ch. 81 will be repealed and replaced with separate, shorter, and cleaner regulations. The new regulations are written to align with MRS Title 29-A, MRS Title 20-A, and federal regulations, and modernize the transportation rule. When combined with technical, language, and process updates, the new regulations will provide a more durable rule.
These regulations establish procedures for school administrative units (SAUs) to request purchase of new school buses and receive subsidy through the Maine School Bus Purchase Program.
Ch. 85 provides subsidy to school administrative units (SAUs) in order to offset the partial cost of new school buses that are used to transport students to and from home and school and school events. This program is a safe fleet resource to help SAUs purchase new school buses, retire end of life school buses, and respond to emergency and special bus needs.
PUBLIC HEARING: June 5, 2017, 2:30 p.m. to 3:30 p.m., Burton M. Cross Building - Room 400, 111 Sewall Street, Augusta, ME
COMMENT DEADLINE: June 16, 2017, 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Pat Hinckley, Maine Department of Education, 23 State House Station, Augusta, ME 04330. Telephone: (207) 624-6886. Fax: (207) 624-6618. TTY: Maine Relay 711. E-mail: Pat.Hinckley@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: MRS Title 29-A  2311; MRS Title 20-A  5401 sub- 17
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE RULEMAKING WEBSITE: http://www.maine.gov/doe/rule/changes/index.html .
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Jaci.Holmes@Maine.gov .


AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 86 (New), Maine Uniform School Bus Specifications
PROPOSED RULE NUMBER: 2017-P058
BRIEF SUMMARY: These regulations establish uniform school bus specifications for the State of Maine.
DETAILED SUMMARY: Ch. 86 replaces the School Bus Construction Standards and Body Types sections of the existing Ch. 81. The existing Ch. 81 will be repealed and replaced with separate, shorter, and cleaner regulations. The new regulations are written to align with MRS Title 29-A, MRS Title 20-A, and federal regulations, and modernize the transportation rule. When combined with technical, language, and process updates, the new regulations will provide a more durable rule.
The new regulations establish uniform school bus specifications for the State of Maine.
Ch. 86 provides modern generic minimum specifications and operation standards to aid SAUs in selecting the safest and cost effective transportation.
PUBLIC HEARING: June 5, 2017, 4:00 p.m. to 5:00 p.m., Burton M. Cross Building - Room 400, 111 Sewall Street, Augusta, ME
COMMENT DEADLINE: June 16, 2017, 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Pat Hinckley, Maine Department of Education, 23 State House Station, Augusta, ME 04330. Telephone: (207) 624-6886. Fax: (207) 624-6618. TTY: Maine Relay 711. E-mail: Pat.Hinckley@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: MRS Title 29-A  2311; MRS Title 20-A  5401 sub- 17
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE RULEMAKING WEBSITE: http://www.maine.gov/doe/rule/changes/index.html .
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Jaci.Holmes@Maine.gov .


ADOPTIONS


AGENCY: 10-148 - Department of Health and Human Services (DHHS), Office of Child and Family Services (OCFS)
CHAPTER NUMBER AND TITLE: Ch. 201, Procedures for the Abuse or Neglect Substantiation Process, for Appeals for Persons Substantiated as Perpetrators of Abuse or Neglect of Children, and Appeals for Denial of Access to Confidential Records
ADOPTED RULE NUMBER: 2017-072
CONCISE SUMMARY: This rulemaking establishes a procedure for the reconsideration of substantiation findings more than three years old where the individual who was substantiated is facing collateral consequences because of the substantiated finding. The reconsideration is only available in certain circumstances where jeopardy or risk has been remediated, or there has been a substantial change in law or policy governing the finding, or in extraordinary cases post-adoption. Currently, individuals with a substantiated finding on their record have no mechanism by which to appeal the substantiation when they are facing collateral consequences.
In addition, new legislation requires the Department to establish an appeals process for the parent, guardian, or custodian of a child who requests disclosure of information about the child contained in the Department's record who is denied that information. (See 22 MRS  4008(7)). These rules establish that appeal process.
EFFECTIVE DATE: May 15, 2017
AGENCY CONTACT PERSON: Debra White, Department of Health and Human Services, Office of Child and Family Services, 2 Anthony Avenue, Augusta, ME 04330. Telephone: (207) 624-7968. E-mail: Debra.White@Maine.gov .
OCFS WEBSITE: http://www.maine.gov/dhhs/ocfs/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 15-214 – Department of Defense, Veterans and Emergency Management, Maine Emergency Management Agency (MEMA)
CHAPTER NUMBER AND TITLE: Ch. 5, Maine Disaster Recovery Fund
ADOPTED RULE NUMBER: 2017-073
CONCISE SUMMARY: This major substantive rule governs the process for the expenditure of funds from the Disaster Recovery Fund, established pursuant to Title 37-B MRS  745. It establishes priorities for use of the Fund among the uses authorized by statute including aid to individuals and families, aid to municipalities and low-interest loans to businesses. It also defines under what circumstances use of the Fund will be authorized and provides for administration of the Fund in conjunction with state agency and nonprofit partners.
As authorized by Title 37-B MRS    705 and 745, the Commissioner of the Department of Defense, Veterans and Emergency Management adopts this regulation.
EFFECTIVE DATE: June 10, 2017
AGENCY CONTACT PERSON: Kevin Rousseau, Maine Emergency Management Agency, 72 State House Station, Augusta, Maine 04333-0072. Telephone: (207) 624-4410. Fax: (207) 287-3178. TTY: (711) Maine Relay. E-mail: Kevin.Rousseau@Maine.gov .
MEMA RULEMAKING WEBSITE: http://www.maine.gov/mema/rulemaking/ .
MEMA WEBSITE: http://www.maine.gov/mema/ .


AGENCY: 90-564 - Clean-up and Response Fund Review Board (formerly Fund Insurance Review Board)
CHAPTER NUMBERS AND TITLES:
Ch. 3, Appeals Procedure
Ch. 4, Oil Import Fees
Ch. 5, Documentation Requirements for Application to the State Fire Marshall for Coverage by the Maine Ground and Surface Waters Clean-up and Response Fund at Above Ground Oil Storage Facilities
ADOPTED RULE NUMBER: 2017-074, 075, 076
CONCISE SUMMARY: These amendments accomplish several changes guided by LD 1303, including:
1) Reflect that the Maine Coastal and Inland Surface Oil Clean Up Fund and the Ground Water Oil Clean Up Fund have been combined to create the Maine Ground and Surface Water Clean-up and Response Fund;
2) Correct citations to statute to be consistent with the statutory amendments;
3) Reflect that the Fund Insurance Review Board and the Oil Spill Advisory Committee have been combined creating the Clean-up and Response Fund Review Board; and
4) Reflect that fees may be increase when the fund balance reaches $6,000,000 rather than $5,000,000.
In addition the amendments make minor formatting and typographical corrections.
EFFECTIVE DATE: May 20, 2017
AGENCY CONTACT PERSON: Tom Graham, c/o Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
BOARD WEBSITE: https://www1.maine.gov/dep/spills/groundwater/index.html .
BOARD RULE-MAKING LIAISON: Theresa.J.Scott@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations – 2017
ADOPTED RULE NUMBER: 2017-077
CONCISE SUMMARY: Maine Revenue Services has repealed and replaced Rule 202 (Tree Growth Tax Law Valuations – 2017). The replaced rule provides updated valuation rates for each forest type by region.
EFFECTIVE DATE: May 22, 2017
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 .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .