March 4, 2015

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

PROPOSALS

AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 9, Rules Governing Driver Education
PROPOSED RULE NUMBER: 2015-P020 (Republished - hearing scheduled)
BRIEF SUMMARY: The primary purposes of these rules are to: (1) establish the minimum qualifications, licensing standards, and procedures for the licensure of driver education schools and instructors, and (2) implement a standardized driver education curriculum based on best practices. These rules repeal existing rules governing driver education in accordance with PL 1995, ch. 505 §19.
DETAILED BASIS STATEMENT / SUMMARY:
Section 1 recites the primary purpose of these rules and provides for the repeal of existing rules governing driver education except as discussed below.
Section 2 defines significant terms and phrases.
Section 3 obligates the Secretary of State to provide information to persons applying for driver education licenses and to issue licenses to qualified persons. License Fees are provided by statute, 29-A MRSA §1354 (5-A).
Section 4 establishes requirements for the issuance of a driver education instructor license as required by 29-A MRSA §1354 (4). The types of driver education instructor licenses and endorsements are described in subsection 1. Subsection 2 outlines the general requirements that all initial license applicants must satisfy. Except for the requirements listed in subsection 2 paragraphs, G, H, and I, which apply only to initial license applicants, licensed instructors must, at all times, comply with the requirements established in subsection 2. Subsection 3 describes the additional requirements for a Class A driver education instructor license. Subsection 4 describes the additional requirements for a Class B driver education instructor license. Subsection 5 describes requirements for a Class A and Class B commercial vehicle endorsement. Subsection 6 establishes the continuing education and training requirements for driver education instructor license renewal. Subsection 7 describes a knowledge, vision and road test that applicants for a driver education instructor license must successfully complete. Subsection 8 permits the Secretary of State to authorize Class A driver education instructors, who meet certain conditions, to provide an introductory course in driver education to applicants for Class A driver education instructor licenses. Subsection 9 permits the Secretary of State to authorize Class A driver education instructors, who meet certain conditions, to provide an introductory course in driver education to applicants for Class B driver education instructor licenses. Subsection 10 establishes the requirement of driver education license holders to notify the Secretary of State of address changes.
Section 5 establishes requirements for the issuance of a driver education school license. Subsection 1 requires driver education schools to be licensed by the Secretary of State. Subsection 2 describes the types of driver education school licenses that may be issued by the Secretary of State. Subsection 3 outlines general requirements that applicants for driver education school licenses must satisfy. Subsection 4 establishes recordkeeping and reporting requirements for driver education schools. Subsection 5 describes the additional requirements for Class A commercial motor vehicle driver education school licenses.
Section 6 establishes the standardized curricula that driver education schools providing a driver education course must follow. Subsection 1 describes required curriculum for Class A driver education schools. The standardized curriculum requires 30 hours of classroom instruction and 10 hours behind-the-wheel instruction. Subsection 2 describes required curriculum for commercial motor vehicle driver education courses which includes 78 hours of classroom instruction, 25½ hours of laboratory instruction and 44 hours behind-the-wheel instruction. Standardized curriculum for courses instructing students on the operation of vehicles requiring a Class B driver’s license must provide 42 hours of classroom instruction, 20 hours of behind the wheel instruction (off road) and 10 hours of behind the wheel instruction (on road). The required topics and components of this curriculum are described in subsection 2, paragraph B.
Section 7 requires the Secretary of State to monitor driver education schools, courses and instructors for compliance with statutory and regulatory requirements.
Section 8 describes conduct and activities which are prohibited.
Section 9 outlines the procedure for filing written complaints against driver education schools and instructors. Section 10 describes the Secretary of State’s authority to suspend and revoke driver education licenses.
PUBLIC HEARING: March 23, 2015 – 9.a.m., Bureau of Motor Vehicles, Executive Conference Room, 101 Hospital Street, Augusta, ME
COMMENT DEADLINE: April 2, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Linda Grant, Director, Division of Driver License Services, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9051. Fax: (207) 624-9155. TTY Use Maine relay 711. E-mail: Linda.Grant@Maine.gov . Website: www.maine.gov/sos/bmv .
IMPACT ON MUNICIPALITIES OR COUNTIES: none.
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRSA
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BMV RULE-MAKING LIAISON: Robert.O’Connell@Maine.gov .


AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #04-15
PROPOSED RULE NUMBER: 2015-P037
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: March 19, 2015, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: March 19, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: 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 and 7 MRSA §2954


AGENCY: 01-672 – Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Designation of Areas of Cultural or Special Significance
PROPOSED RULE NUMBER: 2015-P038
BRIEF SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Ch. 10, Land Use Districts and Standards, that would allow the Commission to designate areas of cultural, historical, or other special significance. Within a designated area, applicants would be able to apply for a permit to reconstruct in place or expand legally existing, nonconforming structures, provided that proposed reconstruction projects conform to the purpose of designation. In designating a proposed area, the Commission would consider the unique cultural or historic characteristics of the proposed area that may benefit the public by preserving the look and feel of the community, attracting visitors and new residents, and enhancing the quality of life for residents. Once an area is designated by the Commission, its purpose, specific geographic location, and other relevant information would be recorded in an Appendix to Ch. 10, Land Use Districts and Standards, and property owners within the designated area would then be able to apply for a permit to reconstruct or replace structures in place, so long as the proposed reconstruction project conforms with the purpose of the designation.
PUBLIC HEARING: None
COMMENT DEADLINE: Written comments must be submitted on or prior to April 3, 2015; and written rebuttal comments must be submitted on or prior to April 10, 2015.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ben Godsoe, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2619. E-mail: Benjamin.Godsoe@Maine.gov . Website: www.maine.gov/doc/lupc .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §685-A(3), §685-A(7-A), §685-C(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DEPARTMENT RULE-MAKING LIAISON: Mari.Eagar@Maine.gov .


AGENCY: 10-144 - Department of Health & Human Services (DHHS), Maine CDC, Drinking Water Program - Subsurface Wastewater Unit
RULE TITLE OR SUBJECT: Ch. 241, Maine Subsurface Wastewater Rules
PROPOSED RULE NUMBER: 2015-P039
CONCISE SUMMARY: This rule governs the siting, design, construction and inspection of subsurface wastewater disposal systems, in order to protect the health, safety and welfare of the citizens and visitors of Maine. Approved procedures, design and siting requirements, materials, methods and administrative polices are described in detail. These rules are intended to complement municipal planning, zoning, and land use control regulations. These proposed revisions clarify requirements by adding and specifying definitions, adding clearer guidance, and deleting unnecessary language, by correcting wrong references to other sections or regulations, articulating prohibitions on structures without Department approval and 1st time systems in 10-year flood zones, and reorganizing this rule to clarify requirements (including relocating non-malfunctioning systems, first-time and replacement structures, disposal system applications, permit requirements, setback requirements, slope descriptions, site evaluator requirements to strive to meet first-time design standards, and requiring specific soil conditions.
PUBLIC HEARING: March 23, 2015 at 10:00 a.m., Key Bank Plaza, 286 Water Street, Augusta, Maine
DEADLINE FOR COMMENTS: April 6, 2015
AGENCY CONTACT PERSON: Tera Pare, J.D., Rule-making Coordinator, Maine CDC - Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5680. TTY: 711 (Maine Relay). E-mail: Tera.Pare@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRS §§ 42(3) & 42(3-B); 30-A MRS §§ 4211, 4215 (4), & 4452; & 22-A MRS §205(2).
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/plumb/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 601, Estate Tax
PROPOSED RULE NUMBER: 2015-P040
BRIEF SUMMARY: MRS is proposing to amend Rule 601 (“Estate Tax”). The rule explains in further detail the estate tax laws of the State of Maine for estates of decedents dying on or after January 1, 2011, but before January 1, 2013. MRS proposes to amend the rule to reflect a recent law change allowing for the automatic release of a lien when the property is passed by right of survivorship to a surviving joint tenant who was the decedent’s spouse, or 10 years after the decedent’s date of death. MRS is also proposing miscellaneous technical changes. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html .
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: April 3, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Dennis Doiron, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333, (207) 626-8483. E-mail: Dennis.M.Doiron@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS §112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 36 MRS §4072
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 603, Maine Estate Tax after 2012
PROPOSED RULE NUMBER: 2015-P041
BRIEF SUMMARY: MRS is proposing to amend Rule 603 (“Maine Estate Tax After 2012”). The rule explains in further detail the estate tax laws of the State of Maine for estates of decedents dying on or after January 1, 2013. In addition to miscellaneous technical changes, MRS proposes to amend the rule to reflect a recent law change allowing for the automatic release of a lien when the property is passed by right of survivorship to a surviving joint tenant who was the decedent’s spouse, or 10 years after the decedent’s date of death. MRS is also proposing to remove reference to the termination provision contained in IRC §2210 as this provision was repealed prior to 36 MRS Ch. 577 being enacted. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html .
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: April 3, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Dennis Doiron, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333, (207) 626-8483. E-mail: Dennis.M.Doiron@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS §112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 36 MRS §4112
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

ADOPTIONS


AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #03-15
ADOPTED RULE NUMBER: 2015-019 (Emergency)
CONCISE SUMMARY: Minimum March 2015 Class I price is $18.81/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $2.33/cwt. handling fee for a total of $24.22/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/index.shtml .
EFFECTIVE DATE: March 1, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .


?AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.22, Targeted Closures (8)(9)(10)(11)(12)(13)(14)(15)(16) - Cobscook Bay, Whiting & Dennis Bays, St. Croix River, Inner Little Kennebec / Englishman Rotational Area, Addison Rotational Area, Casco Passage, Bagaduce River, Sheepscot River, Casco Bay.
ADOPTED RULE NUMBER: 2015-020 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of conservation closures located in Cobscook Bay, Whiting & Dennys Bays, Inner Little Kennebec / Englishman Bay Rotational Area, Addison Rotational Area, Casco Passage, Bagaduce River, Sheepscot River and Casco Bay in order to protect Maine's scallop resource due to the risk of unusual damage and imminent depletion. In addition, harvesting in the St. Croix River will be limited to one day per week for draggers, and one day per week for divers. Scallop populations throughout the state are at extremely low levels. The Department is concerned that unrestricted harvesting during the remainder of the 2014-15 fishing season in these areas may deplete a severely diminished resource beyond its ability to recover. Continued harvesting may damage sublegal scallops that could be caught during subsequent fishing seasons, as well as reducing the broodstock essential to a recovery. These immediate conservation closures are necessary to reduce the risk of unusual damage and imminent depletion. For these reasons, the Commissioner hereby adopts an emergency closure of Maine's scallop fishery in Cobscook Bay, Whiting & Dennys Bays, Inner Little Kennebec/Englishman Bay Rotational Area, Addison Rotational Area, Casco Passage, Bagaduce River, Sheepscot River and Casco Bay and restricts harvest in the St. Croix River, as authorized by 12 MRS §6171(3).
EFFECTIVE DATE: February 28, 2015
AGENCY CONTACT PERSON: Trish Cheney (207-624-6554), Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. DMR rule-making website: http://www.maine.gov/dmr/rulemaking/ . E-mail: Trisha.Cheney@Maine.gov . Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseu@Maine.gov .