September 30, 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: 05-071 – Department of Education (DOE)
CHAPTER NUMBERS AND TITLES (all being repealed):
Ch. 21, Secular Textbooks and Services to Private School Pupils (former statutory authority repealed in 1985)
Ch. 25, Administration of Special Education Adjustments: Definition of Budgetary Hardship (former statutory authority: 20 MRS  §4749(6))
Ch. 27, Rules for Determining Geographic Isolation Status (former statutory authority: 20-A MRS  §15612(2))
Ch. 58, Child Nutrition Programs in Child Care Centers and Recreational Center and Camps (former statutory authority: 20-A MRS  §1055)
Ch. 120, Innovative Education Grants (former statutory authority: 20-A MRS  § § 17101 – 17104)
Ch. 245, Standards for Education Programming for Certified Nursing Assistants (former statutory authority: 32 MRS  §2104(4)(C))
PROPOSED RULE NUMBERS: 2015-P166 thru P171
PUBLIC HEARING: No hearing planned
COMMENT DEADLINE: November 1, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOE RULE-MAKING LIAISON: Jaci Holmes, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/doe/


AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 3, County Jail Operations Fund Distribution of Funds Formula
PROPOSED RULE NUMBER: 2015-P172
BRIEF SUMMARY: The Legislature enacted by an emergency statute a requirement that the Department of Corrections adopt rules for the distribution to the counties of payments from the County Jail Operations Fund. The Supreme Judicial Court determined on August 6, 2015 that this statute was effective. Because the counties were in immediate need of these payments in order to continue operations of their jails, an emergency rule was adopted. This proposal is to adopt through the regular rule-making process, the same rule.
This rule determines the funding formula to be used by the Department of Corrections in providing counties with payments from the County Jail Operations Fund and sets out the information to be provided to the Department in order for it to distribute payments in accordance with statutory provisions.
PUBLIC HEARING: October 20, 2015 at 9:00 a.m. in the Maine Department of Corrections - Board Room, in the Tyson Building (Third Floor), 25 Tyson Drive, Augusta, ME
COMMENT DEADLINE: October 30, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOC RULE-MAKING LIAISON: Mary Lucia, Maine Department of Corrections, 111 State House Station, Augusta, ME 04333. Telephone: (207) 287-4681. Fax: (207) 287-4370. E-mail: Mary.A.Lucia@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 34-A MRSA  § § 1208-B &1210-D
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/corrections/ .

ADOPTIONS

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 420, Safety Standards for Natural Gas and Liquefied Natural Gas Facility Operators
ADOPTED RULE NUMBER: 2015-171
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to Ch. 420 of the Public Utilities Commission’s rules which sets forth safety standards for natural gas and liquefied natural gas operators.
EFFECTIVE DATE: September 26, 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/ .
PUB RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .


AGENCY: 09-137 - Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01(G), Upland Game and Furbearing Animals (1.a, Beaver Season Dates), (1.b, Open and Closed Areas for Beaver Trapping)
ADOPTED RULE NUMBER: 2015-172
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted amendments to the season dates and open and closed areas for beaver trapping. Season dates are as follows:
WMDs - Dates
1, 2, 3, 4 - October 19 – April 30
5, 6, 8, 9, 10, 11 - November 1 – April 30
18, 19, 28 - November 1 – April 15
7, 12, 13, 14, 17, 27 - November 1 – March 31
15, 16, 20, 21, 22, 23, 24, 25, 26, 29 - November 15 – March 31
A complete copy of the open and closed areas for beaver trapping is available from the Agency Rulemaking Contact Person and is printed in the Trapper Information booklet.
EFFECTIVE DATE: September 27, 2015
AGENCY CONTACT PERSON / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 90-351 - Workers’ Compensation Board
CHAPTER NUMBERS AND TITLES:
Repeal and Replace Ch. 5, Medical Fees; Reimbursement Levels; Reporting Requirements
Amend Ch. 12, Formal Hearings
Amend Ch. 17, Expenses and Fees
ADOPTED RULE NUMBER: 2015-173, 174, 175
CONCISE SUMMARY: Pursuant to 39-A MRSA  §209-A(5), every three years the Board must undertake a comprehensive review of the medical fee schedule. The proposed incorporates changes designed to ensure both broad access to care and appropriate limitations on the cost of health care services.
EFFECTIVE DATE: October 1, 2015
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: John C. Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station, Augusta, Maine 04333-0027. Telephone: (207) 287-7086. E-mail: John.Rohde@Maine.gov .
WEBSITE: http://www.maine.gov/wcb/ .