July 1, 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: 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 (2nd publication)
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
COMMENT DEADLINE: August 3, 2015
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 .
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: 01-669 - Department of Agriculture, Conservation and Forestry, Bureau of Forestry (Maine Forest Service)
CHAPTER NUMBER AND TITLE: Ch. 30, Prior Approval Process and Stop Work Orders
PROPOSED RULE NUMBER: 2015–P113
BRIEF SUMMARY: This rule establishes standards for Maine Forest Service approval of timber harvesting activities by any person who has been convicted of two or more violations of Title 17  §2510 sub- §1. Contact the Contact Person (below) for a copy of the proposed rule.
PUBLIC HEARING: 22 July 2015 at 6:00 p.m. at the Bangor Motor Inn, 701 Hogan Road, Bangor
COMMENT DEADLINE: Monday 3 August, 2015 at 5:00 p.m. local time. Submit comments to:
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Donald J. Mansius, Maine Forest Service, 22 State House Station Augusta, ME 04333. Telephone: (207) 287-4906. E-mail: Donald.J.Mansius@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS ch. 805 sub-ch. 3-A, as amended by PL 2013 ch. 412.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dacf/mfs/index.shtml .
DEPARTMENT RULE-MAKING LIAISON: Mari.Wells@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 #08-15
PROPOSED RULE NUMBER: 2015-P114 (Emergency)
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: July 23, 2015, Thursday, starting at 10:30 a.m., Room 319, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 23, 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 .
THIS RULE WILL NOT HAVE A FISCAL IMP ACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA  §8054 and 7 MRSA  §2954


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 205, Certification of Assessors
PROPOSED RULE NUMBER: 2015-P115
BRIEF SUMMARY: Rule 205 (“Certification of Assessors”) is being amended to update obsolete references and make other housekeeping changes. Certification and the continuing education of property tax assessors in the State of Maine is the responsibility of the State Tax Assessor. This rule governs the nature and content of the certification examinations as well as the enforcement of the continuing education requirements required under 36 MRS  §311.
PUBLIC HEARING: N/A:
COMMENT DEADLINE: July 31, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: David Ledew, Maine Revenue Services, P.O. Box 9106, Augusta, Maine 04332-9106. Telephone: (207) 624-5600. E-mail: David.P.Ledew@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The rule has minimal impact on municipalities. The rule describes the certification process for municipal property tax assessors in Maine.
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS  § § 310 - 314
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT:
Enact Ch. 115, Vibrio parahaemolyticus Control Plan
Amend the following eight chapters to incorporate reference to Ch. 115:
Ch. 9 Section 9.01: Harvester: Shellstock Harvesting, Handling and Sanitation
Ch. 15 Section 15-01: General Shellfish Sanitation Requirements
Ch. 16 Section 16.01: Uniform Physical Plant Equipment and Operation Requirements
Ch. 17 Section 17.01: Shucker-Packer
Ch. 18 Section 18.01: Shellstock Shipping
Ch. 19 Section 19.01: Reshipper
Ch. 20 Section 20.01: Depuration
Ch. 22 Section 22.01: Retail Shellfish
PROPOSED RULE NUMBERS: 2015-P116 thru P124
CONCISE SUMMARY: The Vibrio parahaemolyticus Control Plan establishes handling requirements for oysters and hard clams harvested from the Damariscotta River north of a line beginning at Montgomery Point, Boothbay, and running southeast to Jones Point, Bristol. The additional handling requirements are designed to avoid an illness outbreak scenario that would trigger mandatory development of a Vibrio control plan. In addition to attending mandatory annual training, harvesters and certified shellfish dealers are required to submit a harvest plan to the Department of Marine Resources by March 1 of each year demonstrating the method to be used to achieve internal temperatures of 50 degrees Fahrenheit in harvested oysters and clams. In addition, the Rule imposes maximum time periods for exposure to ambient air prior to cooling, and resubmergence criteria if the time periods are exceeded. The standards are more stringent if ambient temperature reaches 80 degrees Fahrenheit or above. The rule prohibits harvesters from selling from their homes and prohibits recreational harvest during the control period. The regulations will go into effect on January 1, 2016.
PUBLIC HEARING: July 22, 2015, 5 to 7 p.m. at the Department of Marine Resources Boothbay Harbor Facility, 194 McKown Point Road, West Boothbay Harbor. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: August 3, 2015. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Kohl Kanwit ((207) 633-9535)
Mail written comments to; attn: Elaine Clark, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ . DMR Rule-making E-mail: dmr.rulemaking@maine.gov . Telephone: (207) 624-6576. 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: Deirdre.Gilbert@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRS  §6171-A

ADOPTIONS

AGENCY: 02-313 - Maine Board of Dental Examiners (Affiliated with the Department of Professional and Financial Regulation)
CHAPTER NUMBER AND TITLE: Ch. 17, Requirements for Establishing a Board Approved Dental Hygiene Therapy Program
ADOPTED RULE NUMBER: 2015-116
CONCISE SUMMARY Public Law 2014 ch. 575 of the 126th Legislature (2nd Regular Session, LD 1891) required the Board to adopt rules until such a time that dental hygiene therapy programs are accredited by the Commission on Dental Accreditation.
EFFECTIVE DATE: June 29, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / BOARD RULE-MAKING LIAISON: Penny Vaillancourt, Executive Director, Maine Board of Dental Examiners, 143 State House Station, Augusta, ME 04333-0143. Telephone: (207) 287-3333. E-mail: Penny.Vaillancourt@Maine.gov .
WEBSITE: http://www.mainedental.org/ .


AGENCY: 01-015 – Department of agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #07-15
ADOPTED RULE NUMBER: 2015-117 (Emergency)
CONCISE SUMMARY: Minimum July 2015 Class I price is $19.98/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $24.26/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: June 28, 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: 01-001 – Department of Agriculture, Conservation and Forestry (working with the Maine Milk Commission)
CHAPTER NUMBER AND TITLE: Ch. 61, Maine Milk Pool Cost of Administration
ADOPTED RULE NUMBER: 2015-118
CONCISE SUMMARY: Ch. 61, Maine Milk Pool Cost of Administration, is amended to reflect the estimated administrative costs of operating the pool for the remainder of calendar year 2015. The rate for 2015 will be $0.01/cwt.
EFFECTIVE DATE: August 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 .
WEBSITE: http://www.maine.gov/dacf/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .