June 6, 2012

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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #07-12
PROPOSED RULE NUMBER: 2012-P103
CONCISE 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 MRSA §2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: June 21, 2012, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: June 21, 2012
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .


AGENCY:
94-348 - Maine Human Rights Commission (MHRC)
05-071 - Maine Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Joint Rule, Ch. 4-A, Procedural Rule, Equal Educational Opportunity
PROPOSED RULE NUMBERS: 2012-P104 and P105
CONTACT PERSONS FOR THIS FILING / SMALL BUSINESS INFORMATION:
MHRC: John P. Gause, Commission Counsel, 51 State House Station, Augusta, ME 04333-0051. Telephone: (207) 624-6290. E-mail: John.P.Gause@Maine.gov .
DOE: Susan Corrente, Esq., Maine Department of Education, 23 State House Station, Augusta, ME 04333-0023. Telephone: (207) 624-6620. E-mail: Susan.Corrente@Maine.gov .
PUBLIC HEARING: June 25, 2012, 1:00 p.m., Maine Human Rights Commission, 1st Floor Conference Room, 19 Union Street, Augusta, Maine
COMMENT DEADLINE: July 5, 2012
BRIEF SUMMARY: The proposed amendments change the term “Compliance Officer” to “Compliance Manager,” which is necessitated by a staffing change; provide for the adoption of a third-party neutral mediation program; and add “public charter schools” to the definition of “public school.”
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 M.R.S. §§ 4566(7), 4603.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITES:
MHRC: http://www.maine.gov/mhrc/index.shtml
DOE: http://www.maine.gov/doe/ .
AGENCY RULE-MAKING LIAISONS:
MHRC: same as above
DOE: Greg.Scott@Maine.gov .


AGENCY: 94-348 - Maine Human Rights Commission (MHRC)
CHAPTER NUMBERS AND TITLES:
Ch. 2, Procedural Rule
Ch. 6, Accessibility Requirements for Public Accommodations and Places of Employment (Repeal)
Ch. 7, Accessibility Regulations of the MHRC
PROPOSED RULE NUMBERS: 2012-P106 thru P108
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: John P. Gause, Commission Counsel, 51 State House Station, Augusta, ME 04333-0051. Telephone: (207) 624-6290. E-mail: John.P.Gause@Maine.gov .
PUBLIC HEARING: June 25, 2012, 1:00 p.m., Maine Human Rights Commission, 1st Floor Conference Room, 19 Union Street, Augusta, Maine
COMMENT DEADLINE: July 5, 2012
BRIEF SUMMARY: The proposed amendments to Ch. 2 change the term “Compliance Officer” to “Compliance Manager,” which is necessitated by a staffing change, and provide for the adoption of a third-party neutral mediation program. The proposed amendments to Ch. 7 incorporate the new accessibility standards in the Maine Human Rights Act, 5 M.R.S. §4594-G, compliance with which became mandatory on March 15, 2012; the new MHRA definition of “service animal” in public accommodations, which took effect September 28, 2011; and the revised federal Department of Justice regulations interpreting Title III of the Americans with Disabilities Act (covering nondiscrimination by “public accommodations”), which went into effect on March 15, 2011 with building standards that became mandatory on March 15, 2012. Ch. 6 is being repealed because it contains outdated (pre-1996) accessible building standards.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 M.R.S. §4566(7)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mhrc/index.shtml


AGENCY: 10-144 - Department of Health & Human Services (DHHS), Maine CDC, Maine Health Inspection Program
RULE TITLE OR SUBJECT: Ch. 201, Maine Rules Relating to the Administration and Enforcement of Establishments Regulated by the Health Inspection Program
PROPOSED RULE NUMBER: 2012-P109
CONCISE SUMMARY: The Department plans to update 10-144 CMR 201 by adding new definitions, updating and clarifying existing terminology, expanding the exemptions to the Certified Food Protection Manager requirement, clarifying the procedure for denial of licenses, the Department’s right of entry for, and frequency of, inspections. These updates are intended to comply with the Federal and Maine Food Codes, as well as revisions to 22 MRSA §2494.
Additional proposed changes include updating and clarifying responsibilities for establishments to report imminent health hazards to the Department, updating the fee structure to provide a discount for senior citizen meals, adding alternative methods of inspection of youth camps, to comply with P.L. 2011, c. 375, adding a procedure for notifying the public of unlicensed establishments and imminent health hazards, and adding a process for variances. The Department is also reducing the licensing fee for temporary eating establishments. These proposed changes intend to create clarification, simplification and consistency among relevant state and federal regulations, including the Maine Food Code and the Federal Food Code.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MSRA §2496(1)
PUBLIC MEETING/HEARING: 10:30 a.m. on June 25, 2012, at 3rd Floor Key Bank Plaza, 286 Water Street, Augusta, Maine.
DEADLINE FOR COMMENTS: July 6, 2012
AGENCY CONTACT PERSON: Tera Pare, J.D., Rulemaking Coordinator, Maine Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5680. TTY: (207) 287-5550. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/el/index.htm .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Maine Department of Health & Human Services (DHHS), Maine Center for Disease Control and Prevention, Division of Environmental Health, Environmental & Occupational Health Program
RULE TITLE OR SUBJECT: Ch. 292, Rules Relating to the Lead Poisoning Control Act
PROPOSED RULE NUMBER: 2012-P110
CONCISE SUMMARY: The Environmental & Occupational Health Program proposes various revisions to the Rules Relating to the Lead Poisoning Control Act, in order to clarify requirements relating to the scope of environmental investigations where a lead poisoned child is identified. Proposed changes clarify requirements for blood lead testing and reporting, as well as determining when landlords are required to perform corrective action, should the lead poisoned child live in an apartment building.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S. Ch. 252 §1315-A
PUBLIC MEETING/HEARING: 10:00 a.m., June 27, 2012, 3rd Floor of Key Bank Plaza, 286 Water Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 7, 2012
AGENCY CONTACT PERSON: Tera Pare, J.D., Rulemaking Coordinator, Maine Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5680. TTY: (207) 287-5550. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/eohp/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 1, Rules for Administrative Suspension Relating to Demerit Point Accumulation, Convictions and Adjudications
PROPOSED RULE NUMBER: 2012-P111
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Patty A. Morneault, Bureau of Motor Vehicles, 101 Hospital Street (29 State House Station), Augusta, ME 04330. Telephone: (207) 624-9124. E-mail: Patty.Morneault@Maine.gov .
PUBLIC HEARING: June 25, 2012, 9:00 a.m. to 10:00 a.m., Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME 04330, 2nd floor, Executive Conference Room
COMMENT DEADLINE: July 5, 2012
BRIEF SUMMARY: This amendment corrects statutory references, removes language that is no longer applicable and includes additions to the list of conviction and adjudications for demerit point assessment.
DETAILED BASIS STATEMENT / SUMMARY: Secretary of State adopted these rules for the purpose of identifying the reckless or negligent driver of a motor vehicle and to establish a uniform system of assigning demerit points for specified convictions or adjudications of violations of statutes or regulations governing the operation of motor vehicles. These rules serve as a basis for the Secretary of State or any Deputy Secretary of State to suspend the license or privilege to operate a motor vehicle or the certificate of registration of any person without preliminary hearing determined to be incompetent to operate a motor vehicle, or whom is found to be a reckless or negligent operator of a motor vehicle, or whom has been convicted or adjudicated of designated traffic offenses. These rules affect all people who operate motor vehicles.
IMPACT ON MUNICIPALITIES OR COUNTIES: No impact
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRSA §§ 153 and 2458
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/bmv/
BMV RULE-MAKING LIAISON: Thomas.Arnold@Maine.gov


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
RULE CHAPTER AND TITLE: Ch. 1, Procedures
PROPOSED RULE NUMBER: 2012-P112
CONCISE SUMMARY: The proposed rule amendment interprets the exception in campaign finance law for publishers of news stories, commentaries, and editorials. A copy of the proposed rule amendment is available on the Ethics Commission’s website – www.maine.gov/ethics - or by calling (207) 287-4179.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1 MRSA §1003(1)
PUBLIC HEARING: no public hearing will be scheduled for this amendment
DEADLINE FOR COMMENTS: 5:00 p.m. on Wednesday, July 11, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333. Telephone: (207) 287-4179. E-mail: Jonathan.Wayne@Maine.gov .

ADOPTIONS

AGENCY: 05-071 - Maine Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 33, Rule Governing Physical Restraint and Seclusion
ADOPTED RULE NUMBER: 2012-164 (Final adoption, major substantive)
CONCISE SUMMARY: This rule establishes standards and procedures for the use of physical restraint and seclusion of students in educational settings. Physical restraint and seclusion may only be used as an emergency intervention when the behavior of a student presents an imminent risk of injury or harm to the student or others. The rule sets forth permitted and prohibited uses of restraint and seclusion, required notification and documentation of incidents of restraint or seclusion, aggregate reporting of incidents to administrators and the department of education, notification of parents, response to multiple incidents of restraint or seclusion of a student, local and state complaint processes and department approval of training programs.
EFFECTIVE DATE: July 1, 2012
AGENCY CONTACT PERSON: Deb Friedman, Maine Department of Education, 23 State House Station, Augusta. Telephone: (207) 624-6620. E-mail: Deborah.Friendman@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 607, OFI Maine ASPIRE/TANF Program Rules, Rule #17E
ADOPTED RULE NUMBER: 2012-165 (Emergency)
CONCISE SUMMARY:
A. This Rule revises the rules for mandatory ASPIRE participants who fail without good cause to comply with ASPIRE-TANF program rules, setting sanctions for those who fail to sign or comply with a Family Contract.
B. This Rule sets a 60 month lifetime limit for the receipt of TANF benefits, and lists qualifications for exemptions and extensions.
C. This Rule removes some obsolete passages and language.
EFFECTIVE DATE: June 1, 2012
AGENCY CONTACT PERSON: Liz Ray, ASPIRE Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta, ME 04333-0011. Telephone: (207) 287-4733. TTY: (800) 606-0215. E-mail: Liz.Ray@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .