August 27, 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: 10-144 - Department of Health and Human Services (DHHS), Office of Aging & Disability Services
CHAPTER NUMBER AND TITLE: Ch. 8, Rule Describing Grievance Process for Persons with Intellectual Disabilities and Autism
PROPOSED RULE NUMBER: 2014-P189
BRIEF SUMMARY: The Department is proposing changes to its existing Grievance Rule that will extend the time frames for respondents to attempt to resolve grievances by, or on behalf of, persons eligible for Developmental Disability Services, limit the maintenance of services during the pendency of a grievance to MaineCare appeals filed within specified timelines, align the definition of a correspondent to statute, and eliminate out-dated organizational references not reflective of Departmental and Office mergers occurring since publication of the existing Rule.
These modest extensions in time frames will allow case managers and supervisors to more thoughtfully respond to, and attempt to resolve, grievances at the lowest possible level without premature engagement of the next level in the grievance process. The current definition of correspondent in the existing Rule does not conform to the definition in statute. The titles of positions and the organizational structure referenced in the existing Rule are out-of-date and do not reflect the post-consolidation structure of either the Department of Health and Human Services or the Office of Aging & Disability Services.
The grievance process, unlike the MaineCare appeal process, does not require an allegation that a statute, rule or policy has not been followed, or an entitlement denied. It is by design a mechanism to allow persons eligible for Developmental Disability Services, and persons acting on their behalf, an opportunity to be heard regarding, and object to, any action or inaction by any individual or organization, public or private, providing services to a person eligible for Developmental Services.
The proposed amendments to the rule retain the existing rules broad opportunity to be heard, but limit the provision barring any change in services until the exhaustion of all levels of the grievance process.
The existing provision provides an incentive to file grievances that are clearly without merit for the sole purpose of delaying implementation of changes to the provision of services, including time sensitive changes necessary to correct practices inconsistent with state and/or federal law. Removing the incentive to file meritless grievances will enhance the Department’s ability to promptly address grievances that may have merit.
PUBLIC HEARING: Tuesday, September 16, 2014, 1:00 p.m., 41 Anthony Avenue, Conference Room A, Augusta, ME
COMMENT DEADLINE: Midnight, September 26, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Doreen McDaniel, DHHS-OADS, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-9200. Dial 711 (Maine Relay). E-mail: Doreen.McDaniel@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No anticipated impact
STATUTORY AUTHORITY FOR THIS RULE: 34-B MRSA §5604(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
WEBSITE: http://www.maine.gov/dhhs/oads/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 29-250 - Secretary of State, Bureau of Corporations, Election and Commissions (CEC)
CHAPTER NUMBER AND TITLE: Ch. 525, Rules for Administering the Central Issuance and Processing of UOCAVA Absentee Ballots
PROPOSED RULE NUMBER: 2014-P190
BRIEF SUMMARY: This rule is being amended to facilitate more timely and accurate central processing and counting of federal and state absentee ballots cast by uniformed service and overseas voters (i.e. voters who are covered under the federal Uniformed and Overseas Citizen Absentee Voting Act, or UOCAVA, and the federal Military and Overseas Voter Empowerment Act, or MOVE). Specifically, the designated personnel for UOCAVA ballot processing will be permitted to process absentee ballots (removing ballots from the absentee envelopes and depositing them into a locked ballot box on the day before election day as well as on election day, as is currently allowed). The personnel will be permitted to begin hand-counting the processed ballots at a designated time after 10 a.m. on election day; however, the results of the individual lot tallies will not be aggregated or totaled until after 8 p.m. on election day. The amendment also removes the requirement to appoint a deputy warden - replacing it with the ability to appoint one or more deputy wardens if needed - as deputy wardens are generally only needed for the busier elections. These changes will allow the UOCAVA ballot counting to be concluded much earlier on election night, and prevent the delay in obtaining the results.
PUBLIC HEARING: Monday, September 15, 2014, 10 a.m. to noon, Room 402, Burton Cross Building, 111 Sewall Street, Augusta.
COMMENT DEADLINE: Thursday, September 25, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / CEC RULE-MAKING LIAISON: Julie L. Flynn, Deputy Secretary of State, Bureau of CEC, 101 State House Station Augusta, Maine 04333-0101. Telephone: (207) 624-7736. E-mail: Julie.Flynn@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule will not have a fiscal impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: Title 21-A MRS §783.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Military and Overseas Voter Empowerment Act (42 U.S.C. 1973ff et seq.)
WEBSITE: http://www.maine.gov/sos/cec/elec/ .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 1000, Guidelines for Municipal Shoreland Zoning Ordinances (Amendments)
PROPOSED RULE NUMBER: 2014-P191
BRIEF SUMMARY: The Department is proposing amendments to the Ch. 1000 Guidelines for Municipal Shoreland Zoning Ordinances rules. The Department’s proposal will amend Ch. 1000 to incorporate a number of revisions recommended by stakeholders during a 2011 stakeholder process convened to identify opportunities to clarify and build more flexibility in the rule, while still maintaining important shoreland protections. In addition to the stakeholders’ recommendations, the proposed amendments also incorporate a number of statutory changes enacted by the 126th Maine Legislature in P.L. 2013, Ch. 320, An Act to Amend the Mandatory Shoreland Zoning Laws.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/. Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: September 16, 2014 – 1 p.m., Department of Environmental Protection, Response Building, Blossom Lane, Augusta, Maine
COMMENT DEADLINE: September 26, 2014 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Mark Margerum, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7842. Fax: (207) 287-7826. E-mail: Mark.T.Margerum@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §438-A(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 01-001 - Department of Agriculture, Conservation & Forestry
CHAPTER NUMBER AND TITLE: Ch. 360, The Returnable Beverage Container Law
PROPOSED RULE NUMBER: 2014-P192
BRIEF SUMMARY: Updating the rules governing The Returnable Beverage Container Law per 2013 legislative directives. Clarification and updating of relevant sections including licensing, inspection, fees and count verification processes.
PUBLIC HEARING: September 17, 2014 – 10 a.m., Augusta Armory, 179 Western Avenue, Augusta, Maine
COMMENT DEADLINE: 5:00 p.m., October 17, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ronald Dyer, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7522. E-mail: Ron.Dyer@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS ch. 28, §§ 1861-1872
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/dacf/qar/bottle_bill/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, OFI – Maine Public Assistance Manual (TANF), Rule #102A: Ch. II, Eligibility Requirements (Non-financial), pages 1-4c
ADOPTED RULE NUMBER: 2014-197
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.
This rule change will not impose any additional costs on counties or municipalities or any additional burden on small businesses.
EFFECTIVE DATE: August 24, 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: Maine Relay 711. E-mail: Dawn.Mulcahey@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.02, Migratory Bird Hunting
ADOPTED RULE NUMBER: 2014-198
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing the season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 2014 - 2015 Migratory Bird Hunting season. These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treaty Act. Detailed rules may be obtained from the Agency Contact Person or online at www.maine.gov/ifw and will also be available at License Agent locations throughout the State.
EFFECTIVE DATE: August 25, 2014
AGENCY CONTACT PERSON / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State St, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IFW WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting
ADOPTED RULE NUMBER: 2014-199
CONCISE SUMMARY: In accordance with Title 12, MRSA, §11152, sub-§3, the Commissioner of Inland Fisheries and Wildlife has adopted antlerless deer permit numbers for the 2014 regular deer hunting season and special muzzle-loading season for the 29 Wildlife Management Districts (WMD) as follows:
WMD 1 - 0 permits
WMD 2 - 0 permits
WMD 3 - 0 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 0 permits
WMD 7 - 0 permits
WMD 8 - 0 permits
WMD 9 - 0 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 – 375 permits
WMD 13 – 0 permits
WMD 14 - 0 permits
WMD 15 – 4,000 permits
WMD 16 – 2,015 permits
WMD 17 – 2,300 permits
WMD 18 – 0 permits
WMD 19 - 0 permits
WMD 20 – 7,165 permits
WMD 21 – 8,550 permits
WMD 22 – 2,290 permits
WMD 23 – 3,750 permits
WMD 24 – 3,380 permits
WMD 25 – 2,610 permits
WMD 26 – 150 permits
WMD 27 - 0 permits
WMD 28 - 0 permits
WMD 29 – 600 permits
TOTAL – 37,185
EFFECTIVE DATE: August 25, 2014
AGENCY CONTACT PERSON / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State St, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IFW WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 14, Commercial Whitewater Rafting: 14.03 and 14.07
ADOPTED RULE NUMBER: 2014-200
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules regulating whitewater rafting as they apply to the prerequisites for an applicant to be examined for a Whitewater Guide’s License. The rule will allow for greater flexibility in the training of whitewater guides and authorize the focus of river training to take place on either the Kennebec River or the Penobscot River. All current requirements as to the number of runs will still be met.
The Department has also removed language from the rule as it applies to additional allocated days.
For a complete copy of the rule please contact the agency contact person listed below.
EFFECTIVE DATE: August 25, 2014
AGENCY CONTACT PERSON / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State St, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IFW WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey Hunting
ADOPTED RULE NUMBER: 2014-201
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has amended rules effecting the fall wild turkey hunting season by opening Wildlife Management Districts 10, 11 and 19 to turkey hunting in the fall. Only one turkey may be harvested in these districts during the fall season. Wild turkeys may be harvested during the fall season with bow and arrow and shotguns of certain gauges and shot sizes only. Legal hunting time is ½ hour before sunrise to ½ hour after sunset.
For a complete copy of the rule please contact the agency contact person listed below.
EFFECTIVE DATE: August 25, 2014
AGENCY CONTACT PERSON / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State St, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IFW WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.02(B.5), Crow Hunting Season
ADOPTED RULE NUMBER: 2014-202
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended rules establishing the dates for the open season for the hunting of crows in 2015 and 2016 as follows: 2015 – Wildlife Management Districts 1 – 6: February 7, 2015 to April 15, 2015 and from August 1, 2015 to September 25, 2015. Wildlife Management Districts 7 – 29: January 23, 2015 to March 31, 2015 and from August 1, 2015 to September 25, 2015.
2016 – Wildlife Management Districts 1 – 6: February 6, 2016 to April 15, 2016 and from August 1, 2016 to September 23, 2016. Wildlife Management Districts 7 – 29: January 22, 2016 to March 31, 2016 and from August 1, 2016 to September 23, 2016. No daily bag or possession limit. The proposed dates are in compliance with Federal law.
EFFECTIVE DATE: August 26, 2014
AGENCY CONTACT PERSON / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State St, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IFW WEBSITE: http://www.maine.gov/ifw/ .