November 19, 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: 02-333 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Licensure of Foresters
CHAPTER NUMBERS AND TITLES:
Ch. 10, Definitions (Repeal)
Ch. 40, Educational Qualifications for Issuance of an Intern Forester License (Repeal and replace)
Ch. 50, Variance from Educational Qualifications for Issuance of an Intern Forester License (Repeal and replace)
Ch. 60, Sponsorship of Intern Foresters (Repeal and replace)
Ch. 70, Licensure as Forester (Repeal and replace)
Ch. 80, Continuing Forestry Education (Amend)
Ch. 110, Transition Provisions (Repeal)
PROPOSED RULE NUMBER: 2014-P254 thru P260
BRIEF SUMMARY: The board proposes rules that incorporate statutory changes to the forester licensing standards, which were established by PL 2013, c. 527 and go into effect on April 1, 2015. The proposed rules also serve to update, clarify, and streamline the rules overall. In particular, chapters pertaining to qualifications for licensure were consolidated and reorganized.
The board proposes to repeal Ch. 10, which incorporates the Dictionary of Forestry by reference for the definitions of technical terms. The board has not utilized this dictionary, and the print version of the dictionary is no longer available.
The board proposes to repeal and replace Ch. 40 and 50 with a new Ch. 40 that sets forth all qualifications for an intern forester license by combining the educational qualifications and the variance from educational qualifications. Under the educational qualifications, the board proposes updating the sources for accredited educational programs and program approval standards. Under the variance from educational qualifications, the board proposes changes to the documentation of an applicant’s work experience and supplemental forestry education.
The board proposes to repeal and replace Ch. 60 and 70 with a new Ch. 70 that sets forth all qualifications for a forester license and incorporates statutory changes established by PL 2013, c. 527. Specifically, the new chapter sets forth the education requirement, the work experience requirement, the examination requirement, and the four distinct pathways to forester licensure. The four pathways are as follows: 1) applicants with lawful forestry experience as an intern forester; 2) applicants with lawful forestry experience in another jurisdiction; 3) applicants with lawful forestry experience as an employee of the federal government; and 4) applicants who are licensed in another jurisdiction.
The board proposes to amend Ch. 80 as follows: by changing the continuing education requirement from 12 hours during the two year period ending on December 31 of each even-numbered year to 6 hours each year; by adopting the auditing process set forth in Ch. 13 of the rules of the Office of Professional and Occupational Regulation; and by removing the continuing education requirement for a licensee’s first renewal.
Lastly, the board proposes to repeal Ch. 110, which implemented the transition provisions of PL 2001, c. 261, §6 and is no longer applicable. A more detailed description and the text of the proposed rules may be obtained from www.maine.gov/professionallicensing.
PUBLIC HEARING: December 11, 2014, 9:00 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: December 22, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / OPOR RULE-MAKING LIAISON: Holly Doherty, Staff Attorney, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8615. E-mail: Holly.Doherty@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THESE RULES:
5 MRS §8051
32 MRS §5506(1), (2) & (4)
32 MRS §5514(2) & (4)
32 MRS §5515(3), (4), (5), (5-A) & (6), as enacted by PL 2013, c. 527, effective April 1, 2015
32 MRS §5515 (7) & (10)
32 MRS §5516(2), as enacted by PL 2013, c. 527, effective April 1, 2015
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/foresters/index.html .


AGENCY: 12-172 - Department of Labor (DOL), Unemployment Insurance Commission
CHAPTER NUMBER AND TITLE: Ch. 10, Work Search Requirements
PROPOSED RULE NUMBER: 2014-261
BRIEF SUMMARY: Modification of this rule is sought to update the rule to adequately reflect the current work search methods utilized by claimants, to provide clearer guidelines regarding claimants’ duty to track their work search efforts and present evidence of these efforts to the Bureau upon request, to include additional grounds for waiver of the requirement, and to modify the disqualification process.
DETAILED BASIS STATEMENT / SUMMARY: Modification of this rule is sought to update the rule to adequately reflect the current work search methods utilized by claimants, particularly with regard to online work search methods; to provide clearer guidelines regarding claimants’ duty to track their work search efforts and present evidence of these efforts to the Bureau upon request; to include additional grounds for waiver of the requirement, particularly for claimants who are participating in mandatory or voluntary reemployment services during the week in question; and to modify the disqualification process such that claimants are provided with a warning and an opportunity to correct their compliance with the requirement before any disqualification results.
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: Friday, December 19, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOL RULE-MAKING LIAISON: Susan Wasserott, Director of Legislative Affairs, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5095. E-mail: Susan.Wasserott@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS §1082(2) and §1192(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/labor/unemployment/contact.html .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 30, Family Planning Agency Services
ADOPTED RULE NUMBER: 2014-268
CONCISE SUMMARY: This rule is being adopted in order to conform with industry billing standards and covered services. The Department is required to utilize certain applicable medical data code sets, pursuant to 45 C.F.R. §§ 162.1000 and 162.1002. Each code set is valid within the dates specified by the organization responsible for maintaining that code set pursuant to 45 C.F.R. §162.1011.
The updates include the addition of the code for the administration of medroxyprogesterone acetate (DepoProvera), and the addition of codes for the following new Family Planning Agency Services in Ch. III:
1) Removal of an IUD;
2) Administration of the HPV vaccine;
3) Insertion of the IUD Skyla® .
Finally, these changes remove language referring to retroactive code dates from 2010. The revisions to Ch. II include a reference to a rate setting website in Ch. III and the addition of language stating that family planning agencies will be reimbursed at the same fee-for-service rate as other providers, when applicable.
Between proposal and adoption the code 11981, “Insertion, non-biodegradable drug delivery implant” was added to the Ch. III Section 30, and the codes 11975 and 11977 were removed in order to comply with federal coding standards. A note was also added to the beginning of Ch. III Section 30, to indicate that the code 11981 is dependent on CMS approval.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: November 18, 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) 287-9369. 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 .