August 6, 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 (additional information – originally posted July 30, 2014, which see)
There are slight changes to the rules posted on 7/30/2014: 1) correct two typos on page 1 and one typo on page 8; add a clarifying section (B-6) on page 6; and move paragraph D from page 7 and renumber it as paragraph F on page 8 to improve content flow.
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 .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01 (G), Season Dates, Open and Closed Areas for Beaver Trapping; 4.03, Deer Hunting Seasons; and 4.05, Moose Hunting Season
PROPOSED RULE NUMBER: 2014-P174
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt amendments to the season dates and open and closed areas for beaver trapping as follows:
1. Beaver Trapping
1.a.) Wildlife Management Districts 1, 2, 4, 5: October 19 - April 30. Wildlife Management Districts 3, 6, 8, 9, 10, 11: November 2 – April 30. Wildlife Management Districts 18, 19, 28: November 2 April 15. Wildlife Management Districts 7, 12, 13, 14, 17, 27: November 2 March 31. Wildlife Management Districts 15, 16, 20, 21, 22, 23, 24, 25, 26, 29: December 1 March 31.
1.b.) During the open season for beaver trapping in any of the twenty-nine wildlife management districts (WMDs), certain townships may be restricted by one of the following provisions:
(1) Town open to beaver trapping with certain specified areas closed;
(2) Town closed to beaver trapping with certain specified areas open;
(3) Town closed to all beaver trapping; or
(4) Town open to all beaver trapping.
The Department is also proposing three housekeeping matters in Ch. 4: to correct the WMDs open during the early Muskrat trapping season; remove an obsolete WMD from the muzzle loading season; and add crossbows to the hunter orange requirement when moose hunting.
A complete copy of the proposal is available from the agency rule-making contact person.
PUBLIC HEARING: None scheduled - one may be requested.
COMMENT DEADLINE: September 5, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / 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 .
IMPACT ON MUNICIPALITIES OR COUNTIES: No adverse impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §§ 10104, 11401, 11551
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 01-015 - Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #09-14
PROPOSED RULE NUMBER: 2014-P175
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 .
PUBLIC HEARING: August 21, 2014, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: August 21, 2014
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 .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054, 7 MRSA §2954


AGENCY: 02-032 - Department of Professional and Financial Regulation (PFR), Office of Securities
CHAPTER NUMBER AND TITLE: Ch. 541, Initial and Annual Renewal Fees
PROPOSED RULE NUMBER: 2014-P176
BRIEF SUMMARY: Rule Ch. 541 sets out initial application and notice fees and annual renewal fees for broker-dealers, broker-dealer agents, investment advisers and investment adviser representatives, and broker-dealer or investment adviser branch offices located in Maine. The rule change seeks to lower the renewal fees for broker-dealer agents and investment adviser representatives from $30 to $25 annually.
The text of the proposed rule and the notice of rulemaking may be found at the Office’s website: http://www.maine.gov/pfr/securities/index.shtml
SMALL BUSINESS IMPACT STATEMENT: The small business impact statement may be found on the Office’s website at: www.investors.maine.gov.
PUBLIC HEARING: No public hearing will be held.
COMMENT DEADLINE: Written comments must be received no later than 4:30 p.m. on Friday, September 5, 2014.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Judith Shaw, Administrator, Maine Office of Securities, 121 State House Station, Augusta, ME 04330. Telephone: (207) 624-8551. E-mail: Judith.M.Shaw@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §§ 16410(1), 16605.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/securities/index.shtml .
AGENCY RULE-MAKING LIAISON: Karla.Black@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 103, Rural Health Clinic Services
PROPOSED RULE NUMBER: 2014-P177
CONCISE SUMMARY: To comply with Public Law 2014, Ch. 444 (An Act to Reduce Tobacco-Related Illness and Lower Health Care Costs in MaineCare), effective 8/1/14, this proposed rule-making will eliminate the existing limit of three tobacco counseling visits per year and specifies that there is no co-pay for such counseling. Also, given the upcoming conversion from the ICD-9 to ICD-10, the rule replaces references to the ICD-9 with language that will not need to be revised for future conversions.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
DATE AND PLACE OF PUBLIC HEARING: 9:00 a.m. August 26, 2014; 242 State Street, Conference Room 1, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before August 12, 2014.
DEADLINE FOR COMMENTS: Comments must be received by midnight, September 5, 2014.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Derrick Grant, Policy Writer, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6931. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Public Law 2014, Ch. 444
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 331, Maine Public Assistance Manual (TANF): Proposed Rule#104P: Ch. I, Eligibility Process, Non-Payment Situations (pages 14, 15, 16)
PROPOSED RULE NUMBER: 2014-P178
CONCISE SUMMARY: Individuals convicted of a drug-related felony, after August 1, 1996, as described in Section 115 of PRWORA, and who tested positive for illegal drugs on a drug test administered by the Department and does not agree to enroll in a substance abuse treatment program appropriate to the type of illegal drug being used by the individual, will lose their TANF benefits.
If the caretaker relative is disqualified from the TANF eligibility, and other eligibility unit members remain eligible, a protective payee must be assigned.
PUBLIC HEARING: Monday, August 25, 2014, at 1:00 p.m. in Conference Room 110, 19 Union St, Augusta, Maine
DEADLINE FOR COMMENTS: September 7, 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: P.L. 2011 ch. 380 §A-33, page 344; 22 M.R.S. §§ 3769-A, 3762 sub-§18
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT:
Ch. 51 (New), Black Sea Bass
Ch. 8, Landings Program: 8.10(C)(4), Primary Buyer Permit Reporting
PROPOSED RULE NUMBER: 2014-P179, P180
CONCISE SUMMARY: Black sea bass (Centropristis striata) have become increasingly present in the Gulf of Maine and Maine state waters in recent years. This proposed rule-making would implement measures consistent with the Atlantic States Marine Fisheries Commission (ASMFC) Interstate Fishery Management Plan regarding reporting, possession, and conservation measures for black sea bass in order to provide expanded access for recreational fishermen, and additional economic opportunity for commercial harvesters on this valuable stock. The State of Maine’s current quota for black sea bass is .5% of the annual Total Allowable Catch for commercial harvest (10,850 lbs. in 2014). This proposed rule-making would establish licensing requirements for dealers, method of harvest, commercial trip limits and recreational daily bag limits. Recreational measures provide parity with those in place in neighboring states’ waters. Finally, the proposed rule would require weekly dealer reporting for black sea bass.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6173
PUBLIC HEARING: August 26, 2014, 10 a.m., Natural Resources Service Center - Room 106, 6 Beech Street, Hallowell, Maine. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: September 8, 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: Meredith Mendelson (207-624-6550). Mail written comments to: Department of Marine Resources - attn. K. Rousseau, 21 State House Station, Augusta, Maine 04333. 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 .

ADOPTIONS

AGENCY: 02-029 Department of Professional and Financial Institutions (PFR), Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Ch. 118, Funds Availability and Truth-in-Savings
STATEMENT OF ADOPTION: This rule has been adopted.
ADOPTED RULE NUMBER: 2014-153
CONCISE SUMMARY: This promulgation repeals and replaces Regulation 18. Its purpose is to conform Regulation 18 to up-to-date federal regulations, including incorporating by reference the CFPB’s 12 CFR Part 1030 which is supplanting the Federal Reserve Board’s 12 CFR Part 230.
EFFECTIVE DATE: September 1, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON, AND ADDRESS WHERE A COPY OF THE RULE MAY BE OBTAINED: Christian D. Van Dyck, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036. Telephone: (207) 624-8574. E-mail: Christian.D.VanDyck@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/financialinstitutions/ .


AGENCY: 01-015 Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #08-14
ADOPTED RULE NUMBER: 2014-154
CONCISE SUMMARY: Minimum August 2014 Class I price is $27.12/cwt. plus $1.16/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $30.48/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/minimum.shtml .
EFFECTIVE DATE: August 3, 2014
AGENCY CONTACT PERSON / 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 .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 67, Nursing Facility Services
ADOPTED RULE NUMBER: 2014-155
CONCISE SUMMARY: The Department recently received CMS approval for a new Home and Community Based Services (HCBS) waiver for individuals with brain injury, aged 18 and over. In conjunction with same, the Department is developing a new section of the MaineCare Benefits Manual, Section 18, “HCBS for Adults with Brain Injury”. The purpose of the new waiver and Section 18 is to provide more non-institutional services and options for individuals with Acquired Brain Injury. The changes to Section 67 are being adopted in order to make brain injury eligibility and the providers’ requirements for Section 67 Nursing Facility Services consistent with the new Section 18.
Individuals with Acquired Brain Injury will be eligible for Nursing Facility Services if they score three or higher in two items on the Mayo-Portland Adaptability Inventory and score a 0.1 or higher on the Brain Injury Health and Safety Assessment. The changes also require, for Nursing Facilities receiving an enhanced rate for their work with individuals with Acquired Brain Injury, that all direct care staff have expertise in brain injury rehabilitation, as demonstrated by achieving the Certified Brain Injury Specialist (CBIS) designation from the Academy of Certified Brain Injury Specialists, or through a Department-approved equivalent training program.
This rule-making also: a) Updates the Acquired Brain Injury definition in Section 67.01-22 to be consistent with the definition developed in 22 M.R.S. §3086 and the definition used in the new Section 18; b) Adds the word “Acquired” to “Brain Injury” in various places where the term is used, to be consistent with 22 MRS §3086; c) Changes “Brain Injury” to “Acquired Brain Injury,” and “BI” to “ABI” in the table of contents and on pages 4, 14, 27, 28, 45, 46, 47, 51; d) Reorganizes Section 67.02-5; e) Corrects a numbering error in Section 67.05-13.
In response to comments, the Department has clarified that all ‘direct care’ staff, rather than all nursing facility staff, are expected to be CBIS compliant.
Additionally, the Department is making the following technical changes in the adopted rule: correcting the term “Mentally Retarded” to “Intellectually Disabled,” as required by P.L. 2012, ch. 542, §B(5); removing the contingent “if CMS approves” language for changes that have been approved by CMS, in sections 67.05-11(C), 67.05-12 and 67.05-14(B); and changing the formatting of the Acquired Brain Injury definition from that of the proposed to more closely match 22 M.R.S. §3086.
The Department held a public hearing on Monday, April 7, 2014, and accepted comments until Thursday April 17, 2014.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: July 23, 2014
AGENCY CONTACT PERSON: Rachel Thomas, Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4001. Fax: (207) 287-1864. TTY: 711 (Deaf/Hard of Hearing). E-mail: Rachel.Thomas@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .