August 12, 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: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 241, Uniform Reporting System for Hospital Inpatient Data Sets and Hospital Outpatient Data Sets
PROPOSED RULE NUMBER: 2015-P139
BRIEF SUMMARY: This proposed rule amendment adds clarifying language to the general submission requirements; updates references, data element names and types; and corrects data element mappings, in conformance to current national and industry standards.
Copies of these proposed rules can be reviewed and printed from the MHDO website at http://mhdo.maine.gov/imhdo/rules.htm, or to receive a paper copy call 287-6722.
PUBLIC HEARING: September 3, 2015, at 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: September 14, 2015 at 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 ch. 1683  §8704 sub- §4  §8708
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: https://mhdo.maine.gov/ .

ADOPTIONS

AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 9, Rules Governing Driver Education
ADOPTED RULE NUMBER: 2015-140
CONCISE 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.
EFFECTIVE DATE: August 8, 2015
AGENCY CONTACT PERSON: Linda S. Grant, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9124. E-mail: Linda.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Robert.O’Connell@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 26, Sea Urchin Regulations and 2015-2016 Harvesting Season; Ch. 8, Landings Program
ADOPTED RULE NUMBERS: 2015-141, 142
CONCISE SUMMARY: This regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zones 1 and 2 during the 2015-2016 season. It also establishes the requirements for urchin harvesters and dealers to use an electronic reporting system (“swipe card system”) to record all transactions in which urchins are bought or sold.
For Zone 1, a 15-day season is established for divers, trappers, rakers and draggers in 2015-2016, which is the same number of days as in the 2014-2015 season. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers may fish 15 days in September (“early season”), or 15 days in December (“late season”); and draggers in December and January (“early season”), or February and March (“late season”).
For Zone 2, a 38-day season is established for divers, trappers, rakers and draggers in 2015-2016, which is the same number of days as in the 2014-2015 season. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers may fish 38 days in October through December (“early season”), or 38 days in December through March (“late season”); and draggers would have 38 days in October through March (“early season”) or December through March (“late season”).
For the Whiting & Dennys Bays Limited Access Area in Zone 2, a 9-day season is established for Zone 2 divers, trappers, rakers and draggers in 2015-2016, which is the same number of days as the season in 2014-2015. Zone 2 divers, rakers and trappers may fish 9 days in November and December (“early season”), or 9 days in December and March (“late season”); both early and late season Zone 2 draggers would have 9 days in December and March. The Sea Urchin Zone Council recommended the selection of these particular days with exception of December 15 for the early dive season and December 8, 23 and 29 for the late drag season which were chosen for consistency with the 38 day calendars.
As authorized by 12 MRS  §6171, the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: August 8, 2015
AGENCY CONTACT PERSON: Trisha Cheney - (207) 624-6554
AGENCY NAME: Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6576. TTY: (711) Maine Relay. DMR Rule-making E-mail: dmr.rulemaking@maine.gov . DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON : Deirdre.Gilbert@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations: Recreational Cod and Haddock Federal Compliance
ADOPTED RULE NUMBER: 2015-143
CONCISE SUMMARY: In accordance with the New England Fisheries Management Council and for consistency with the National Marine Fisheries Service (NMFS) federal regulations effective May 1, 2015, the Department enacted emergency rule-making for charter, party and recreational fishing vessels operating in state waters regarding cod and haddock. For the recreational fishery, the cod fishery has been closed and it is now unlawful to take or possess cod in state waters. For recreational haddock fishing, the minimum size is now reduced to 17 inches to reduce mortality. This rule-making makes that emergency rule-making permanent.
As authorized by 12 MRS  §6171, the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: August 8, 2015
AGENCY CONTACT PERSON: Bruce Joule - (207) 633-9505
AGENCY NAME: Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6576. TTY: (711) Maine Relay. DMR Rule-making E-mail: dmr.rulemaking@maine.gov . DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON : Deirdre.Gilbert@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, Rule #190A: Overpayment Compromise (FS-777-3 pages 1 – 5)
ADOPTED RULE NUMBER: 2015-144
CONCISE SUMMARY: Federal regulation 7 CFR 273.18, "Claims against households," with regard to notification of an overpayment, states that "the initial demand letter or notice of adverse action must include language stating ... that the State agency may reduce any part of the claim if the agency believes that the household is not able to repay the claim."
The purpose of this rule change is to establish a process by which a Food Supplement recipient with an agency-error overpayment may request a compromise for the overpayment.
EFFECTIVE DATE: August 10, 2015
AGENCY CONTACT PERSON: Karen L. 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/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-148 - Department of Health and Human Services (DHHS), Office of Child and Family Services (OCFS)
CHAPTER NUMBER AND TITLE: Ch. 577 (New), Alumni Transition Grant Program Rules
ADOPTED RULE NUMBER: 2015-145
CONCISE SUMMARY: As a result of 22 MRS  §4010-C, these rules are adopted to establish the Alumni Transition Grant Program (ATGP), which provides financial support and navigator services to youth who were formerly in Maine’s foster care system and who meet certain eligibility criteria, in order to support their post-secondary education. These rules also establish an Advisory Committee. These rules do not impose any cost on municipalities or counties and are not anticipated to have any adverse economic impact on small businesses.
DETAILED BASIS STATEMENT / SUMMARY: As a result of recent state legislation, these rules establish the Alumni Transition Grant Program (ATGP), which provides financial support and navigator services to youth, who were formerly in Maine’s foster care system and who meet certain eligibility criteria, in order to support their post-secondary education. The ATGP also establishes an Advisory Committee.
Statutory Authority: 22 MRS  §4010-C
ATGP Eligibility
An individual who aged out of Maine’s foster care system at age 18, and who exited Maine’s Voluntary Extended Care and Support (V9) Agreement under Title 22 MRS  §4037-A at age 21, and who is enrolled in a post-secondary education program making satisfactory progress, and who has not yet attained his or her 27th birthday.
ATGP Level of Support
A maximum of 40 grants will be awarded at any one time on a first come, first served basis through an application process. The level of support provided to ATGP recipients will be equivalent to the current Voluntary Extended Care and Support (V9) Program.
Financial support will be provided to eligible individuals up to the completion of an undergraduate degree, and not to exceed 6 years for the completion of a 4-year Bachelor’s Degree; 4 years for the completion of a 2-year Associate’s Degree; or 4 years for the completion of an eligible training program.
ATGP Navigator Services
An ATGP Navigator will provide education support to ATGP recipients as coordinated with the individual and within the parameters of the ATGP.
ATGP Advisory Committee
An ATGP Advisory Committee is established comprised of various relevant stakeholders, appointed by the Director of the Office of Child and Family Services, to oversee ATGP implementation and outcomes; to advise the OCFS Director regarding program improvements, and to provide an annual report to the Maine’s Legislative Health and Human Services Committee.
EFFECTIVE DATE: August 12, 2015
AGENCY CONTACT PERSON: Dulcey Laberge, Department of Health and Human Services, Office of Child and Family Services, 2 Anthony Avenue, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 624-7928. E-mail: Dulcey.Laberge@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ocfs/index.shtml .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .