June 24, 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: 02-041 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Elevator and Tramway Safety Program (formerly 02-386, Board of Elevator and Tramway Safety)
CHAPTER NUMBERS AND TITLES:
Ch. 1, Definitions
Ch. 3, Variances
Ch. 7, Advisory Rulings
Ch. 11, National Codes Applicable to Elevators and Tramways
Ch. 13, Elevators
Ch. 15, Tramways
Ch. 21, Elevator Owners’ Duties and Responsibilities
Ch. 23, Tramway Owners’ Duties and Responsibilities
Ch. 31, Licensed Private Elevator Inspectors
Ch. 33, Licensed Private Tramway Inspectors
Ch. 35, Licensed Wire Rope Inspectors
Ch. 37, Licensed Elevator Mechanics
Ch. 39, Licensed Lift Mechanics
Ch. 41, Elevator Contractors
PROPOSED RULE NUMBERS: 2015-P093 thru P106
BRIEF SUMMARY: In 2013, statutory changes eliminated the Board of Elevator and Tramway Safety and created the Elevator and Tramway Safety Program, which is administered by the Director of the Office of Professional and Occupational Regulation. The proposed rules amend all existing chapters by replacing references to the Board with references to the Program and/or Director. In addition, the proposed rules adopt updated versions of the national codes applicable to the design, construction, installation, maintenance, repair, alteration, operation, and inspection of elevators and tramways. The national codes are incorporated by reference into the rules. The proposed rules also: (1) change an elevator or tramway owner’s time to apply for new inspection certificates from no later than 30 business days before the current inspection certificate expires to no later than 30 days in Ch. 21 and 23; (2) update the Qualified Elevator Inspector certification requirement in Ch. 31; (3) remove all references to vertical reciprocating conveyors; and (4) make other minor changes and updates. A more detailed description and the text of the proposed rules may be obtained from www.maine.gov/professionallicensing .
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: July 24, 2015 at 5p.m.
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 THIS RULE: 5 MRS    8056(1)(B)(1)-(3), 9001; 32 MRS    15202, 15204, 15205-A, 15208, 15208-A, 15209, 15209-A, 15211, 15212, 15213, 15214, 15216, 15216-C, 15221, 15224, 15225-A, 15226, 15227, 15228, 15229
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OPOR WEBSITE: http://www.maine.gov/pfr/professionallicensing/index.shtml .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control & Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 709 (New), Rules Governing the Implementation of Expedited Partner Therapy
PROPOSED RULE NUMBER: 2015-P107
BRIEF SUMMARY: Pursuant to 22 MRSA  1242 (2010) requires the Maine Center for Disease Control and Prevention (Maine CDC) to adopt rules to implement Expedited Partner Therapy. Expedited Partner Therapy is a public health strategy that facilitates the treatment and prevention of sexually transmitted infections by prescribing, dispensing, furnishing, or otherwise providing prescription antibiotic drugs to the sexual partner(s) of persons clinically diagnosed with sexually transmitted infections. This statute identifies the parameters of Expedited Partner Therapy and requires the Department to adopt rules to implement the statutory provisions governing the practice of Expedited Partner Therapy, which include the designation of sexually transmitted diseases appropriate for Expedited Partner Therapy, and the recommended protocol, materials, information and counseling required to implement Expedited Partner Therapy. Based on scientific evidence and the national recommendations of the U.S. Centers for Disease Control and Prevention and other nationally recognized medical authorities, Maine Center for Disease Control and Prevention has limited Expedited Partner Therapy to be used for the treatment and prevention of infection with chlamydia (Chalmydia trachomatis) and gonorrhea (Neisseria gonorrhoeae) pursuant to the authority granted in the enabling statute.
DETAILED BASIS STATEMENT / SUMMARY: Pursuant to 22 MRSA  42(1) and 22-A MRSA  205(2), the Department has general authority to adopt rules considered to be necessary and proper for the protection of life, health and welfare, and the successful operation of the health and welfare statues.
The statute, "An Act Enabling Expedited Partner Therapy" (22 MRSA c. 251, sub-c. 3, art. 5  1242) requires the Maine Center for Disease Control and Prevention (Maine CDC) to adopt rules to implement Expedited Partner Therapy. Expedited Partner Therapy is a public health strategy that facilitates the treatment and prevention of sexually transmitted infections by prescribing, dispensing, furnishing, or otherwise providing prescription antibiotic drugs to the sexual partner(s) of persons clinically diagnosed with sexually transmitted infections without physical examination of the partner(s).
Furthermore, 22 MRSA  1242 (2010) requires the Department to adopt routine technical rules to implement statutory provisions governing the practice of expedited partner counseling and identifies the parameters of Expedited Partner Therapy. These parameters include the designation of sexually transmitted diseases appropriate for Expedited Partner Therapy, and the recommended protocol, materials, information and counseling required to implement Expedited Partner Therapy.
Based on scientific evidence and the national recommendations of the U.S. Centers for Disease Control and Prevention and other nationally-recognized medical authorities, Maine Center for Disease Control and Prevention has limited Expedited Partner Therapy to be used for the treatment and prevention of infection with chlamydia (Chalmydia trachomatis) and gonorrhea (Neisseria gonorrhoeae) pursuant to the authority granted in the enabling statute.
PUBLIC HEARING: July 14, 2015 at 2:00 p.m., 286 Water Street, Augusta, Maine - Room A16
COMMENT DEADLINE: July 28, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Emer Smith, Maine CDC, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-3747. E-mail: Emer.Smith@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any)
STATUTORY AUTHORITY FOR THIS RULE: Pursuant to 22 MRSA  42(1) and 22-A MRSA  205(2), the Department has general authority to adopt rules considered to be necessary and proper for the protection of life, health and welfare, and the successful operation of the health and welfare statues. Furthermore, 22 MRSA  1242 (2010) requires the Maine Center for Disease Control and Prevention (Maine CDC) to implement statutory provisions governing the practice of expedited partner counseling for the treatment of sexually transmitted infections. The enabling statute identifies the parameters of Expedited Partner Therapy.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBERS AND TITLES:
Ch. 1, Open Water and Ice Fishing Regulations
Ch. 1-A, State Heritage Fish Waters
Ch. 2, Fishing Derbies and Tournaments
PROPOSED RULE NUMBERS: 2015-P108 thru P110
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. These regulations are needed to provide for the effective conservation of Maine's inland fisheries, and enhance fishing opportunities throughout the State. All of the proposals may be discussed at any of the 5 public hearings listed below. The list of proposals may be obtained from the Agency Contact Person or online at: http://www.maine.gov/ifw . Anyone unable to attend a public hearing may submit written comments on any of the proposals. The proposals, if adopted, will become effective January 1, 2016. The Department is also proposing modifications and additions of waters to the State Heritage Fish waters list. Bass Tournament rules as they pertain to Maine - New Hampshire border waters are also being amended for more consistency with New Hampshire tournament rules.
PUBLIC HEARINGS:
Presque Isle: July 14, 2015 @ 6:30 p.m. - Northeastland Hotel, Red Room 436 Main Street
Millinocket: July 15, 2015 @ 6:30 p.m. - Stearns High School, Library , 199 State Street
Ellsworth: July 16, 2015 @ 6:30 p.m. - Ramada, Breakfast Room, 215 High Street, Rt. 1 & 3
Farmington: July 21, 2015 @ 6:30p.m. - University of Maine Farmington, Olson Student Center, N. Dining Hall B, 111 South Street
Brunswick: July 23, 2015 @ 6:30 p.m. - Brunswick High School, Multi-Purpose Room, 116 Maquoit Road
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
COMMENT DEADLINE: August 3, 2015
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA    10104 & 12461 & 12505
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):


AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
PROPOSED RULE NUMBER: 2015-P111
BRIEF SUMMARY: This proposed rule amendment adds clarifying language to the general submission requirements; revises descriptions and references; and updates data element names in conformance to national and industry standards.
Copies of these proposed rules can be reviewed and printed from the MHDO website at
https://mhdo.maine.gov/rules.htm or, to receive a paper copy call (207) 287-6722.
PUBLIC HEARING: July 16, 2015, 9:00 a.m., Maine Medical Association, 30 Association Drive, Manchester, ME 04351
COMMENT DEADLINE: July 27, 2015 by 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MHDO RULE-MAKING LIAISON: Debra Dodge, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6724. Fax: (207) 287-6732: E-mail: Debra.J.Dodge@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule will not have a fiscal impact on municipalities, counties or small businesses.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA    8703(1), 8704(4), 8708(6-A), 8712(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: https://mhdo.maine.gov/ .


AGENCY: 01-672 -Department of Agriculture, Conservation & Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Designation of Grand Lake Stream Plantation Boathouses and Waterfront Designated Area of Cultural or Special Significance (DACSS))
PROPOSED RULE NUMBER: 2015-P112
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 designate the Grand Lake Stream Plantation Boathouses and Waterfront as a Designated Area of Cultural or Special Significance (DACSS). Within a DACSS, applicants are 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. The proposed DACSS includes the boathouses and public boat launches located in hatchery Cove near the outlet to West Grand Lake. Three of the boathouses in this area were destroyed by fire on May 14, 2014. The boathouses and waterfront area are an iconic location in the village that has been a familiar visual backdrop for residents and visitors for the last 100 years. The area provides public benefits for residents and visitors by 1) adding to the quality of life; and 2) stimulating economic activity by drawing tourists who spend money at local businesses and who support the recreational guiding industry in Grand Lake Stream Plantation.
PUBLIC HEARING: None
COMMENT DEADLINE: Written comments must be submitted on or prior to July 24, 2015; and written rebuttal comments must be submitted on or prior to July 31, 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(7A),  685-C(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

ADOPTIONS

AGENCY: 05-071 - Maine Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Unified Special Education Regulation - Birth to Age Twenty
ADOPTED RULE NUMBER: 2015-111 (Final adoption, major substantive)
CONCISE SUMMARY: The rule is a major substantive rule entitled “Ch. 101, Maine Unified Special Education Regulation – Birth to Age Twenty”. The purpose of the rule is to ensure that children with disabilities receive a free appropriate public education consistent with federal law. Changes to the rule were made to add certain definitions, provide clarity to various aspects of the existing rule, establish approval standards and/or monitoring procedures for regional special education programs, special purpose private schools, pre-school programs, and communities without schools, establish parameters for electronic educational records, and extend the option of complaint investigation as an enforcement mechanism for stand-alone mediation agreements. Changes to the rule also clarify responsibility for transition to IDEA, Part B (from Part C) programming, responsibilities of the receiving school administrative unit for certain out-of-district placements. Rule changes address the scope and nature of “early intervention services”, of consultation as a special education service, and the computation of public school special education tuition and private school special education tuition.
Rule changes revise procedures for out-of-district placements to reflect a change in practice and clarify the Department’s ability to provide guidance to the field. The restriction on enforcement of mediation or resolution session agreements containing attorney’s fees is removed. A certification category is corrected and contracted provider categories in the Finance section of the rule are added/clarified. Other technical changes are made (move a provision to another section; reflect a change described above in a related section of the rule; correct a typographical error; improve some wording; and outside the text of the rule, update the citation to the statutory authority for the rule-making).
EFFECTIVE DATE: July 19, 2015
AGENCY CONTACT PERSON: Janice Breton, Maine Department of Education, 23 State House Station, Augusta, ME 04333-0023. Telephone: (207) 624-6676. E-mail: Janice.Breton@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Deborah.Friedman@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 201, Rules of Procedure Used to Develop State Valuation
ADOPTED RULE NUMBER: 2015-112
CONCISE SUMMARY: MRS has repealed and replaced Rule 201 (“Rules of Procedure Used to Develop State Valuation”). The new rule updates obsolete references and enhances the readability of the rule. The State Tax Assessor must annually develop the state valuation for each municipality and for each county with property in the unorganized territory. This rule establishes the methodology used to develop state valuation and must be amended to reflect changes in state law.
EFFECTIVE DATE: June 23, 2015
AGENCY CONTACT PERSON: David Ledew, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-5601. E-mail: David.P.Ledew@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 696 (New), Oil Discharge and Pollution Control Rules for Rail Tank Cars
ADOPTED RULE NUMBER: 2015-113
CONCISE SUMMARY: The Department has adopted a new rule establishing minimum inspection, preparedness, and reporting requirements for operators of rail tank cars transporting or storing oil in Maine. The rule establishes requirements for the remediation of any oil discharges from rail tank cars, requires any person parking rail tank cars for more than 5 days to submit a copy of their federal Response Plans to the Department, and establishes inspection requirements for rail cars that are used for storage, and parked at a siding for more than 5 consecutive days.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/ .
EFFECTIVE DATE: June 22, 2015
AGENCY CONTACT PERSON: Jeff Crawford, 17 State House Station Augusta, ME 04333. Telephone: (207) 287-7647. E-mail: Jeff.S.Crawford@Maine.gov.
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 888 (New), Designation of Four Members of the Chemical Class Phthalates as Priority Chemicals
ADOPTED RULE NUMBER: 2015-114
CONCISE SUMMARY: The Department has adopted a new rule that designates four members of the chemical class phthalates as priority chemicals and requires reporting for certain product categories that contain one or more of the four listed phthalates. The rule applies to manufacturers of specified product categories that contain intentionally added di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), or diethyl phthalate (DEP) and requires manufacturers or distributors of certain consumer products, which are available for sale in the State of Maine, to report the intentional use of these four chemicals above de minimis levels.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules .
EFFECTIVE DATE: June 22, 2015
AGENCY CONTACT PERSON: Kerri Malinowski, 17 State House Station Augusta, ME 04333. Telephone: (207) 215-1894. E-mail: Kerri.Malinowski@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 13, Qualifying Examinations of Teachers, Educational Specialists and Administrators
ADOPTED RULE NUMBER: 2015-115
CONCISE SUMMARY: The adopted changes to Ch. 13 stem from the regular regeneration (revision) process employed by the Educational Testing Service (ETS). Each Praxis exam undergoes regeneration every five years. ETS conducts a multi-state standard setting study designed to assemble two separate groups of current practitioners who work for two to three days to review the validity and reliability of the test being regenerated. The end result is a recommended cut off score that is deemed appropriate for the just qualified candidate (JQC). Several of the tests required by the Maine Department of Education were recently regenerated, so our current Ch. 13 must be updated to reflect these changes.
Adopted changes in Ch. 13 include new test codes, new test titles, recommended cut off scores, and language to allow old tests no longer being administered to be used for up to five years after which time only the new tests will be accepted.
EFFECTIVE DATE: June 23, 2015
AGENCY CONTACT PERSON: Arthur J. Keenan, Department of Education - Certification Office, 23 State House Station, Augusta, ME 04333-0023. Telephone: (207) 624-6859. E-mail: Arthur.Keenan@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Deborah.Friedman@Maine.gov .