May 21, 2014

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/index.html. There is also a list of rule-making liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 38 (New), Suicide Awareness and Prevention in Maine Schools
PROPOSED RULE NUMBER : 2014-P117
BRIEF SUMMARY: PL 2013 ch. 53 (LD 609), An Act To Increase Suicide Awareness and Prevention in Maine Public Schools, is a new law that requires school personnel in Maine to be trained in suicide awareness and prevention and for all school administrative units (SAU) to put supports in place to help prevent suicide. All school personnel paid by a school administrative unit must receive a qualified 1 to 2 hour awareness and prevention level training. In addition, at least 2 school personnel per school district must complete a one-day course in suicide prevention and intervention training, commonly referred to as Gatekeeper Training. Additional trained school personnel above the minimum of 2 must receive the training if the number of students in the school administrative unit is above 1,000. The requirement takes effect for high schools in the 2014-2015 school year and elementary and middle schools by the start of the 2015-2016 school year. The proposed rule clarifies when the requirement takes effect, who it applies to, and what qualifies as appropriate training.
PUBLIC HEARING: N/A
COMMENT DEADLINE: 5:00 p.m. June 20, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Susan Berry, Department of Education, 23 State House Station, Augusta, ME 04333-0023. Telephone: (207) 624-6695. Tax: (207) 624-6691. TTY: Maine Relay 711. E-mail: Susan.Berry@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Cost of providing the training to all staff and keeping appropriate records.
STATUTORY AUTHORITY FOR THIS RULE: Title 20-A MRSA §4502 sub-§5-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Deborah.Friedman@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 331, OFI – Maine Public Assistance Manual (TANF), Rule #102P: Ch. II, Eligibility Requirements (Non-financial), pages 1-4c
PROPOSED RULE NUMBER: 2014-P118
CONCISE SUMMARY: This rule will correct unintended errors in the Maine Public Assistance Manual, Ch. II, pages 3 through 4c. The Non-Citizen Status Chart incorrectly defines a child under 21 and a pregnant woman who has not been in the United States for five-years or more as a qualified alien for TANF eligibility.
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: June 22, 2014
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4109. TTY: 711 (Maine Relay). E-mail: Dawn.Mulcahey@Maine.gov.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S. §§ 42(1), 3762(3)(A); 8 U.S.C. §1641
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 94-649 - Maine Commission on Indigent Legal Services (MCILS)
CHAPTER NUMBER AND TITLE: Ch. 301, Fee Schedule and Administrative Procedures for Payment of Commission Assigned Counsel
PROPOSED RULE NUMBER: 2014-P119
BRIEF SUMMARY: This rule amends the MCILS fee schedule and administrative procedures for payment of Commission assigned counsel to raise the hourly rate paid to attorneys providing indigent legal services at $70.00/hr. beginning July 1, 2015 and to raise the hourly rate paid to attorneys providing indigent legal services to $75.00/hr. beginning July 1, 2016.
DETAILED BASIS STATEMENT / SUMMARY: The current MCILS fee schedule sets the hourly rate paid to attorneys providing indigent legal services at $55.00/hr. This amendment raises the hourly rate paid to attorneys to $70.00/hr. beginning on July 1, 2015 and to $75.00/hr. beginning on July 1, 2016. The amendment also changes the maximum fee allowed for various case types to reflect the increase in the hourly rate.
PUBLIC HEARING: June 10, 2014 11:00 a.m.
COMMENT DEADLINE: June 20, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MCILS RULE-MAKING LIAISON: John D. Pelletier, MCILS Rule-Making Liaison, 154 State House Station, Augusta, ME 04333-0154. Telephone: (207) 287-3254. E-mail: John.Pelletier@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 4 MRSA §§ 1804(2)(F), (3)(B), (3)(F) and (4)(D); P.L. 2013 ch. Ch. 368 Part RRR
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mcils/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 105, First Aid/CPR Requirement Streamlining for Scallop and Urchin Dive and Tender License Holders
PROPOSED RULE NUMBER: 2014-P120
CONCISE SUMMARY: This proposed rule-making is required due to DMR’s new online license renewal initiative. The DMR is concerned that requiring commercial scallop and urchin diver and tender license holders to upload proof of required CPR/First Aid certification could lead to delays in processing renewals. Therefore, it is proposed that a box would be checked during online renewal by the license holder attesting to the fact that they have a current, valid CPR/First Aid certification. License holders would still must possess and provide proof of their required training per 12 MRS §6533 upon request by a Marine Patrol officer.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6533
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: June 20, 2014. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON/SMALL BUSINESS INFORMATION / DMR RULE-MAKING LIAISON: Kevin Rousseau - Telephone (207) 624-6573. Mail written comments to: Department of Marine Resources, 21 State House Station, Augusta, ME 04333-0016. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov . DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: DMR WEBSITE: http://www.maine.gov/dmr/index.htm .

ADOPTIONS

AGENCY: 02-031 - Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 375 (New), Group Property and Casualty Insurance
ADOPTED RULE NUMBER: 2014-092
CONCISE SUMMARY: This rule specifies lines of property and casualty insurance which may be issued on a group basis and applicable requirements.
EFFECTIVE DATE: May 19, 2014
AGENCY CONTACT PERSON: Ben Yardley, Esq., Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8537. E-mail: Benjamin.Yardley@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations:. Recreational Cod and Haddock Federal Compliance Regulations
ADOPTED RULE NUMBER: 2014-093 (Emergency)
CONCISE SUMMARY: In accordance with the New England Fisheries Management Council and for consistency with the National Marine Fisheries Service (NMFS) federal regulations effective May 1, 2014, the Department enacts this emergency rule-making for all persons aboard charter, party and recreational fishing vessels operating in state waters regarding cod and haddock. For recreational cod fishing, the minimum fish size increases from 19 inches to 21 inches and the closed season is increased by two months and is now September 1, 2014 through April 14, 2015. For recreational haddock fishing, the daily per angler bag limit decreases from an unlimited amount to three fish per day and the closed season increases by four months and is now September 1 through November 20, 2014 and March 1 through April 30, 2015.
The recreational catch of both Gulf of Maine cod and haddock exceeded the catch limit in place for FY 2013. Because the FY 2013 recreational overage was substantial, significant changes in management measures were deemed necessary by NMFS to ensure the recreational fishery does not exceed its catch limit again in FY 2014. A very small bag limit was deemed required to sufficiently reduce recreational haddock catch and prevent additional quota overages. Analysis shows that many anglers encounter and keep only small numbers of haddock. The available information for FY 2013 shows that, on average, less than one haddock was kept per angler.
As authorized by 12 M.R.S.A. §6171(3), the Commissioner of Marine Resources adopts this emergency regulation due to the risk of unusual damage and imminent depletion of the cod and haddock resources.
EFFECTIVE DATE: May 15, 2014
AGENCY CONTACT PERSON: Mr. Bruce Joule (207-633-9505), Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Telephone:(207) 624-6573. Fax:(207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov . DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.65, Lobster and Crab Closure in Penobscot River
ADOPTED RULE NUMBER: 2014-094
CONCISE SUMMARY: This regular rule-making would make permanent the emergency rule-making effective February 22, 2014 that was necessary in order to protect public health due to the risk of mercury contamination in lobsters and crabs found in the mouth of the Penobscot River above a line starting at the most northwestern point of Wilson Point (near the end of Wilson Point Road) in the Town of Castine continuing in a northwesterly direction to the Fort Point Lighthouse on Cape Jellison in the Town of Stockton Springs.
The justification for the chosen boundary of the closed area was based on recent data provided to the Department that indicates that lobsters in this area may have mercury levels above the Maine Center for Disease Control and Prevention (MECDC) action level. State health agencies use action levels as a guide to determine whether they should issue a consumption advisory warning consumers to limit meals of fish from certain waters. Action levels are defined as concentrations of a contaminant in fish or shellfish tissue below which there should be negligible risk of deleterious health effects, at a consumption rate of one meal per week. An action level takes into account exposure level for a human population, including sensitive subpopulations such as pregnant women and children, body weight, and fish consumption rate.
For monitoring contaminants in Maine lobster, the State relies on data from the U.S. Environmental Protection Agency’s National Coastal Condition Assessment (NCCA) Program, which last assessed contaminants in lobster in 2010. Data from the 2010 NCCA revealed that mercury levels in Maine lobster were below the Maine CDC action level that would warrant a consumption advisory for sensitive populations. However, the Department recently received additional data which were collected as a result of court-ordered study stemming from a federal lawsuit (Maine People’s Alliance and the Natural Resources Defense Council v. Mallinckrodt, Inc.). The Department requested analysis of the data by the State Toxicologist and Department of Environmental Protection staff. Based on this analysis, DMR determined that a consumption advisory would be warranted for lobster taken from the designated area. Because this is a very discrete area and in order to be health protective, DMR is instead took immediate action to close the area as a precautionary measure. DMR anticipates that the closure will be in place a minimum of two years while the State continues to collect more information from the area to inform future management and public health actions.
EFFECTIVE DATE: May 19, 2014
AGENCY CONTACT PERSON: Meredith Mendelson, Deputy Commissioner, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6550. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov . DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose Hunting
ADOPTED RULE NUMBER: 2014-095
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended a rule to establish the number of moose hunting permits to be issued for the 2014 season. Permits will be issued for bulls, antlerless and any-moose. Permits are allocated according to Wildlife Management District as follows:
WMD 1 - 275 bulls /100 antlerless
WMD 2 - 425 bulls /175 antlerless
WMD 3 - 180 bulls / 100 antlerless
WMD 4 - 400 bulls / 200 antlerless
WMD 5 - 125 bulls
WMD 6 - 150 bulls
WMD 7 - 125 bulls
WMD 8 - 175 bulls
WMD.9 - 75 bulls
WMD 10 - 60 bulls
WMD 11 - 50 bulls
WMD 12 - 35 bulls
WMD 13 - 35 bulls
WMD 14 - 35 bulls
WMD 15 - 25 any-moose
WMD 16 - 20 any-moose
WMD 17 - 20 bulls
WMD 18 - 40 bulls
WMD 19 - 100 bulls / 50 antlerless
WMD 22 – 10 any-moose
WMD 23 - 25 any-moose
WMD 25 - 25 any-moose
WMD 26 - 25 any-moose
WMD 27 - 15 bulls
WMD 28 - 20 bulls
TOTAL: 2340 bulls /625 antlerless / 130 any-moose
The Department is also making a clarification to the rule to specify that hunter orange is required when moose hunting with a firearm in any Wildlife Management District open to moose hunting during the open season on moose.
EFFECTIVE DATE: May 21, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife ADDRESS: 284 State St, 41 SHS, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 15, Interstate Wildlife Violators Compact
ADOPTED RULE NUMBER: 2014-096
CONCISE SUMMARY: The Department, in accordance with 12 MRSA §10103-2, has adopted a new rule to enter into an Interstate Wildlife Violators Compact (WVC) to promote compliance with Maine's fish and wildlife laws. The WVC will ensure that non-residents from member states receive the same penalties as a resident for certain mandatory violations. Procedures of the compact ensure that non-residents of a WVC state that fail to comply with the terms of their citations face the possibility of suspension of his/her license privileges in their home state until the terms of their citation(s) are met. This reciprocal recognition of license suspensions by participating states is based on whether the violation in a member state would also dictate a mandatory license suspension pursuant to statues of the home state.
A detailed copy of the rule is available from the Agency Rule-making Contact Person.
EFFECTIVE DATE: May 21, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife ADDRESS: 284 State St, 41 SHS, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 09-585 - Department of Inland Fisheries and Wildlife (IFW), Maine Outdoor Heritage Fund Board
CHAPTER NUMBER AND TITLE: Ch. 25, Maine Outdoor Heritage Fund - Strategic Plan
ADOPTED RULE NUMBER: 2014-097
CONCISE SUMMARY The Maine Outdoor Heritage Fund Board is proposing to amend its strategic plan to help with clarity during the scoring and data compilation process and provide a six-year review of the plan.
EFFECTIVE DATE: May 20, 2014
AGENCY CONTACT PERSON: Carol Gay, Maine Outdoor Heritage Fund, 37 Wiscasset Road, Pittston, ME 04345. Telephone: (207) 458-8421. E-mail: carolgay@gwi.net .
WEBSITE: http://www.maine.gov/ifw/MOHF.html .
IFW RULE-MAKING LIAISON: Becky.Orff@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, Maine Public Assistance Manual (TANF), Rule #99A: Ch. V, Post TANF Benefits – Transitional Services Benefits (pages 1-7)
ADOPTED RULE NUMBER: 2014-098
CONCISE SUMMARY: This rule permanently adopts emergency Rule #99E. This rule amends the Department of Health and Human Services rules on transitional transportation assistance for families who lose eligibility for benefits under the Transitional Assistance for Needy Families (TANF) program due to increased income from employment or for participants who are employed during their 60th month on TANF. The amended rule allows families up to 12-months after termination from TANF assistance to apply for transitional transportation. The rule also increases the mileage rate to $0.44 per mile and the daily cap to $20.00 per day. The tiered system of reimbursement will be eliminated, eligibility will be increased to 250% of the FPL, and the payment structure will change from quarterly to monthly payments.
The department is revising the Transitional Child Care benefits and eligibility requirements to include two-parent homes and increase eligibility from 85% of median income to 250% of the FPL. It also revises who may provide childcare and addresses provider background checks, payments for special needs children, and overpayments.
This rule change is not anticipated to impose any additional costs on municipalities and counties or have any adverse impact on small businesses.
EFFECTIVE DATE: May 19, 2014
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street Augusta ME 04333-0011. Telephone: (207) 624-4109. TTY:111 Maine Relay. E-mail: Dawn.Mulcahey@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .