July 30, 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: 12-170 - Department of Labor (DOL), Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing Hazardous Occupations for Minors Under the Age of Eighteen in Non-Agricultural Employment
PROPOSED RULE NUMBER: 2014-P169
BRIEF SUMMARY: The purpose of the proposed rules is to further prevent the exploitation of Minors through hazardous working conditions in non-agricultural employment by providing better definitions and descriptions for student learners, the CTE (Career Technical Education) program, and the Junior Emergency Medical Services program. These proposed rules do not supersede Sections 771 and 773 of 26 MRSA, which set minimum wages for employment in specific industries. The proposed rules conform as far as practicable to the child labor provisions of the federal Fair Labor Standards Act of 1938, 29 United States Code, Section 212 and any associated regulations.
DETAILED BASIS STATEMENT / SUMMARY: The purpose of the proposed rules are to further prevent the exploitation of Minors through hazardous working conditions in non-agricultural employment by providing better definitions and descriptions for student learners, the CTE (Career Technical Education) program, and the Junior Emergency Medical Services program). These proposed rules do not supersede Sections 771 and 773 of 26 MRSA, which set minimum wages for employment in specific industries. The proposed rules conform as far as practicable to the child labor provisions of the federal Fair Labor Standards Act of 1938, 29 United States Code, Section 212 and any associated regulations.
Under the proposed rules, a "Student Learner" is defined further to include the CTE cooperative program. The proposed rules also defines that a “CTE-Student” is one who is enrolled in an approved CTE program offered from a CTE center or region as defined in State Statute 20-A Ch. 313, subsections §8301-A, §8306-B, §8401, and §8451. The rules provide requirements for the CTE program to include close supervision by an experienced adult who has direct line of sight and within the student’s audio hearing range. The CTE Program will provide basic safety training for the CTE-Student related to the selected program and field of work prior of CTE-Student performing work that would otherwise be prohibited by the rules. In the case of a CTE Cooperative Education program, the CTE Cooperative Education program instructor may arrange with job site supervisor for delivery of any required safety instruction. CTE program shall create any required schedule of work, educational performance deliverables and additional educational component found during live work field experiences as part of the written agreement. Additionally, all apprentice, CTE-Student, or student-learner programs must have a written agreement that provides a description of the job, processes, expectations, schedule of work and name of the individual. The employer and school coordinator or principal shall sign the agreement. CTE-students shall have a signed agreement between the student, CTE Instructor, CTE Coordinator (if any) and CTE Director. Copies of the agreement must be kept on file by both the school where the principal or director resides and the employer.
To further support all student learner programs, the proposed rules also address 17-year-old high school graduates who have completed a training program but cannot currently be employed in a hazardous occupation due to their age. Under the proposed rules, the graduate may work in a hazardous occupation in which training under an apprentice or student-learner program has been completed as provided in this section, even though the youth is not yet 18 years of age. (For example: a graduate who is 17 years-of-age upon graduation and has completed several years of training but must wait 1-3 months until 18th birthdate to be employed in his or her trained profession that is currently prohibited for individuals under the age of 18).
Lastly, the proposed rules include definition, program overview, and hazardous occupations for Junior Emergency Medical Services (EMS) Persons, previously not identified under Title 26. A paid or volunteer junior emergency medical service person who is sixteen or seventeen years of age may partake in allowed activities as defined under the proposed rules and in accordance with the Maine Emergency Medical Service Act of 1982 (32 MRSA Ch. 2-B), and the Maine EMS Rules.
PUBLIC HEARING: Friday, August 22, 2014 - 10 a.m. to 12 noon SafetyWorks! Conference Room, 45 Commerce Drive, Augusta, ME 04333
COMMENT DEADLINE: Wednesday, September 3, 2014 by 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOL RULE-MAKING LIAISON: Susan Wasserott, Maine Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. E-mail: Susan.Wasserott@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: none foreseen
STATUTORY AUTHORITY FOR THIS RULE: 26 MRSA §§ 771-773, 786
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
WEBSITE: http://www.maine.gov/labor/bls/ .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) – Division of Policy
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. I Section 2, State Medicaid Health Information Technology (HIT) Program
PROPOSED RULE NUMBER: 2014-P170
CONCISE SUMMARY: Ch. I Section 2 regulates the State HIT Electronic Health Record (EHR) Incentive Payment Program. These changes are being made to fully comply with 42 C.F.R. §§ 495.300-370. The proposed changes include clarifications about which entities are deemed as having a “fully implemented” EHR. The Department’s role in conducting pre-payment reviews and post-payment audits is also clarified. Specifically, the Department or its agent conduct pre-payment reviews on all participants and may conduct post-payment audits of hospitals that participate exclusively in the Medicaid incentive payment program. Finally, a number of technical formatting edits have been made.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rule-making documents.
PUBLIC HEARING: Tuesday, August 19, 10:00 a.m., Conference Room 1, Department of Health and Human Services, MaineCare Services, 242 State Street, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before 5 p.m. on August 12, 2014.
DEADLINE FOR COMMENTS: Comments must be received by midnight on Friday, August 29, 2014.
AGENCY CONTACT PERSON: Samuel Senft, Comprehensive Health Planner, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4053. Fax: (207) 287-1864. TTY: 711. E-mail: Samuel.Senft@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173; 42 USC §1396(b); 42 C.F.R. §§ 495.300-370
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 16-222 - Department of Public Safety (DPS), Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 4, Maine Motor Carrier Safety Regulation
PROPOSED RULE NUMBER: 2014-P171
BRIEF SUMMARY / BASIS STATEMENT: The amendment exempts intrastate vehicles to which the regulation applies that have a gross vehicle weight rating of 10,000 lbs. to 26,000 lbs., and that neither meet the definition of a “bus” nor transport hazardous materials, from 49 C.F.R. §390.21, which pertains to the marking of self-propelled commercial motor vehicles and intermodal equipment.
The amendment also makes minor, technical edits to the regulation.
PUBLIC HEARING: Monday, August 18, 2014 at 1 p.m. at the Maine Department of Public Safety Headquarters, 45 Commerce Drive, Suite 1, Augusta, ME 04333-0042
COMMENT DEADLINE: Tuesday, September 2, 2014 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / STATE POLICE RULE-MAKING LIAISON: Christopher Parr, 42 State House Station, Augusta, Maine 04333-0042. Telephone: (207) 624-7200. Email: Christopher.Parr@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 29-A M.R.S. §555
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dps/msp/ .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 301, Food Supplement Program, Rule #187P: General Program Requirements / Nonfinancial Eligibility (FS-111-5 page 6; FS-111-6 pages 1-3; FS-111-7 pages 1-6)
PROPOSED RULE NUMBER: 2014-P172
CONCISE SUMMARY: The Department is proposing changes that, as of October 1, 2014, will require Maine SNAP recipients who are able-bodied adults between the ages of 18-49 without dependents (ABAWDs) to meet work requirements of the federal SNAP program. This change will not impact SNAP recipients who do not meet the age requirements, those who are temporarily or permanently disabled, have dependent children in the household, are caring for an incapacitated adult, are currently receiving substance abuse treatment, are in school at least half-time, are meeting volunteer requirements, or are pregnant. ABAWDs will be limited to 3 months of benefits in a fixed 36-month period (beginning October 1, 2014) if they do not meet work requirements.
PUBLIC HEARING: August 20, 2014, at 2:00 p.m., 19 Union Street, Conference Room 110, Augusta
DEADLINE FOR COMMENTS: August 31, 2014
AGENCY CONTACT PERSON: Patricia Dushuttle, Special Projects Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-6907. TTY: 711 (Maine Relay). E-mail: Patricia.Dushuttle@Maine.gov .
THIS RULE WILL HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S. §§ 42(1), 3104; 7 C.F.R. 273.7
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 29-255 Secretary of State, Maine State Archives
CHAPTER NUMBER AND TITLE: Ch. 10, Rules for Disposition of Local Government Records
PROPOSED RULE NUMBER: 2014-P173
BRIEF SUMMARY:
Item 1 - This proposed rule is to amend language in Schedule E.11 under Municipal Elections Campaign Finance Reports Filed With Municipality.
Item 2 This proposed rule is to amend language in Schedule A.63 under Union Agreements.
Item 3 This proposed rule is to amend retention period for Schedule G.30 Hunting.
Item 4 This proposed rule is to change retention for certain exemptions in Schedule I.08 Tax Exemption Records as a result of a law change and provide more detailed explanation of Schedule I descriptions.
PUBLIC HEARING: None
COMMENT DEADLINE: August 30, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / ARCHIVES RULE-MAKING LIAISON: Tammy Marks, Maine State Archives, 230 State Street, 84 State House Station, Augusta, Maine 04333. Telephone: (207) 287-5799. E-mail: Tammy.Marks@Maine.gov .
Website: http://www.maine.gov/sos/arc/.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Item 1: Title 30-A §2502. Item 2: Title 30-A. Item 3: Title 12; Item 4: Title 36 §653G, Title 1 Ch. 13
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):

ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE:
Ch. 409, Maine Solid Waste Management Rules: Processing Facilities; and
Ch. 410, Maine Solid Waste Management Rules: Composting Facilities
ADOPTED RULE NUMBER: 2014-150, 151
CONCISE SUMMARY: The effect of the rule will be to establish, through a quantitative odor standard, when odor is considered a “nuisance”. The rule describes the content of an “odor management plan” and when such a plan is required, and what steps must be taken by a facility if it is determined that a nuisance odor event has occurred.
EFFECTIVE DATE: July 27, 2014
AGENCY CONTACT PERSON: Paula M. Clark, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207)287-7718. Fax: (207) 287-7826. E-mail: Paula.M.Clark@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 29-250 - Department of the Secretary of State
CHAPTER NUMBER AND TITLE: Ch. 950, Rules Governing the Use of Digital Signatures
ADOPTED RULE NUMBER: 2014-152
CONCISE SUMMARY: These rules establish the criteria for implementing Digital Signatures in transactions involving a State Agency and the process by which digital signature product are approved for use.
EFFECTIVE DATE: July 31, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Barbara A. Redmond, Department of the Secretary of State, 148 State House Station, Augusta, ME 04333-0148. Telephone: (207) 626-8400. E-mail: Barbara.Redmond@Maine.gov .
WEBSITE: http://www.maine.gov/sos/ .