April 22, 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: 18-553 – Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 160 (New), Definition of Brand
PROPOSED RULE NUMBER: 2015-P061
BRIEF SUMMARY: This rule creates the definition of brand as required by Resolves 2013, ch. 89.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
PUBLIC HEARING: No Public Hearing
COMMENT DEADLINE: May 22, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / BABLO RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750 Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
STATUTORY AUTHORITY FOR THIS RULE: Resolves 2013 ch. 89
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Alcohol and Tobacco Tax and Trade Bureau of the U.S. Department of the Treasury, New York Liquor Authority, North Carolina Administrative Offices of the Court, Briggs v. Martlet, 57 F.3d 18(1st Cir. 1995) and Professional Judgment
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dafs/bablo/ .

AGENCY: 17-229 - Maine Department of Transportation (DOT)
CHAPTER NUMBER AND TITLE: Ch. 208 (New), Rules for the Selection of Interchange and Supplemental Guide Signs
PROPOSED RULE NUMBER: 2015-P062
BRIEF SUMMARY: Title 23  §1912-C grants MaineDOT the authority to place interchange guide signs on the interstate system for the sole purpose to guide travelers to destinations of local, regional and statewide interest. Interchange guide signs and supplemental guide signs may be placed at strategic points on the interstate system beside the traffic lanes approaching an exit if the placement complies with that section and national standards. Determinations regarding whether the placement of interchange guide signs or supplemental guide signs on the interstate system meets the standards contained in this section must be made by MaineDOT. The purpose of these rules is to regulate the installation and selection of Interchange and Supplemental Guide Signs on portions of the interstate highway system. These regulations establish the size, shape, manner and location of Interchange and Supplemental Guide signs and describe the eligibility for any entity to formally request the Department to erect an Interchange or Supplemental Guide Sign.
Under the new rules the following entities will be eligible for signs:
* Major colleges and universities.
* Major military installations.
* Federal and state Parks.
* Major recreational areas.
* Airports & other transportation facilities.
* Veterans memorials and cemeteries.
The new rules will:
* Incorporate national standards that address each of the following: sign spacing, sign content, and criteria for types of destinations warranting signs.
* Give greater flexibility to stay current with signage. Many of the signs currently mandated by the Legislature were created in 1957. The state’s most frequently visited areas may have changed a bit since then and some of the specific destinations on currently mandated signs no longer exist.
* Minimize the number of signs and the lines of text on signs to increase their effectiveness for motorists and increase highway safety.
* Define standards for categories of destinations which could qualify for signs and distance from interchange / attendance requirements for those destinations.
* Make clear that any specific service or attraction that qualifies for a logo sign will not be eligible for a supplemental guide sign.
* Include a category for Major Recreational Areas designed to allow signage for those destinations most often sought by visitors to Maine, allowing these areas to be signed.
PUBLIC HEARING: No public hearing is planned.
COMMENT DEADLINE: 4:30 p.m., Friday, May 22, 2015
CONTACT PERSON(s) FOR THIS FILING / SMALL BUSINESS INFORMATION: Bill Akins, Legal Administrator, MaineDOT Legal Services, Telephone (207) 624-3020, E-mail: William.Akins@Maine.gov ; Stephen Landry, State Traffic Engineer, Telephone (207) 624-3632, E-mail Stephen.Landry@Maine.gov.
IMPACT ON MUNICIPALITIES OR COUNTIES: We anticipate that there will be no fiscal impact or additional work for municipalities or counties resulting from the adoption of this Rule.
STATUTORY AUTHORITY FOR THIS RULE: 23 MRSA  §1912-C; 23 MRSA  §52; 23 MRSA  §4206
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/mdot/ .
DOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Manual, Rule #184A: Trafficking Controls and EBT Card Replacements
ADOPTED RULE NUMBER: 2015-072
CONCISE SUMMARY: This rule-making codifies provisions in the Food and Nutrition Act of 2008 that improve program integrity. It is expected to enhance the program’s ability to serve those who are truly in need, and help to ensure that SNAP benefits are used as intended. This rule implements new federal rules that: expand the definition of “Trafficking” to include an attempt to buy or sell Food Supplement benefits or an EBT card; require that replacement EBT cards be placed in the mail by the Department within two business days of their reported loss, theft, or damage; and allow State agencies to deny a request for a replacement card until contact is made by the household with the State agency, if the requests for replacement cards are determined to be excessive. “Excessive” is defined as not less than four requests for replacement cards within 12 months. This rule implements this option for Maine. The fee structure for replacement cards has been revised to an amount that shall not exceed the cost of the replacement card.
EFFECTIVE DATE: April 20, 2015
AGENCY CONTACT PERSON: Karen Curtis, Food Supplement 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) 624-4108. TTY: 711 Maine Relay. E-mail: Karen.L.Curtis@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 317 (New), Statewide Arrearage Management Program
ADOPTED RULE NUMBER: 2015-073
CONCISE SUMMARY: The Public Utilities Commission adopts a new rule (Ch. 317, Statewide Arrearage Management Program) that sets forth requirements and procedures related to the implementation of P.L. 2013, ch. 556, An Act to Assist Electric Utility Ratepayers. This rule requires that all transmission and distribution (T&D) utilities create and administer an Arrearage Management Program.
EFFECTIVE DATE: April 19, 2015
AGENCY CONTACT PERSON: Jamie A. Waterbury, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Jamie.A.Waterbury@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .

AGENCY: 10-148 - Department of Health and Human Services (DHHS), Office of Child and Family Services (OCFS)
CHAPTER NUMBER AND TITLE: Ch. 6, Child Care Subsidy Program Rules
ADOPTED RULE NUMBER: 2015-074
CONCISE SUMMARY: The adopted rules implement the regulations at 45.CFR 98.11. The rules incorporate changes and current best practices in the operation of a child care subsidy program. The major amended provisions include clarification on 1.13 Educational Program, 1.19 Hobby, clarification on 1.20 Homeless Children, clarification on1.22 In-Home Child Care Provider, clarification on 3.02 Ages of Children, eligibility for 4.08 Job Search, eligibility for 4.08 Medical Leave, eligibility determination for 4.07 One Parent with Disability, clarification on 6.00 Parent Fees, clarification on 9.05.4 Excused hours, clarification on 11.02.2 time frame to return a renewal agreement and clarification on 11.05.4 Good Standing. The rules also include various technical, non-substantive changes relating to section numbering, intra-Departmental agency name changes, spelling, and usage.
EFFECTIVE DATE: April 21, 2015
AGENCY CONTACT PERSON: Tim Swift, Policy & Training Unit, Office of Child and Family Services, 2 Anthony Avenue, Augusta, Maine 04333. Telephone: (207) 624-7946. E-mail: Timothy.Swift@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ocfs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .