October 7, 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: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBERS AND TITLES:
Ch. 12 Subsection 15.3, Resident Discipline System
Ch. 10 Subsection 20.1, Prisoner Discipline
PROPOSED RULE NUMBERS: 2015-P173, P174
BRIEF SUMMARY:
1. The Maine Department of Corrections is proposing revisions to the existing rule governing Resident Discipline pursuant to 34-A MRSA  §3032. The revisions include removing the word “punishment” and replacing that with the word “consequence”. Also, room restriction is eliminated as a punishment based on current nationally recognized practices.
2. The Maine Department of Corrections is proposing revisions to the existing rule governing Prisoner Discipline pursuant to 34-A MRSA  §3032 . The revisions are designed to streamline the disciplinary hearing process and add new violations that have become necessary.
DETAILED BASIS STATEMENT / SUMMARY:
1. The Maine Department of Corrections is proposing revisions to the existing rule governing Resident Discipline pursuant to 34-A MRSA  §3032. The revisions include removing the word “punishment” and replacing that with the word “consequence”. Also, room restriction is eliminated as a punishment based on current nationally recognized practices.
The proposed rule may be found on the Maine Department of Correction’s website; http://www.maine.gov/corrections/PublicInterest/policies.htm .
2. The Maine Department of Corrections is proposing revisions to the existing rule governing Prisoner Discipline pursuant to 34-A MRSA  §3032. The revisions are designed to streamline the disciplinary hearing process and add new violations that have become necessary.
The proposed rule may be found on the Maine Department of Correction’s website; http://www.maine.gov/corrections/PublicInterest/policies.htm .
PUBLIC HEARING: October 26, 2015 at 10:00 a.m. in the Maine Department of Corrections Tyson Room in the Tyson Building (Third Floor), 25 Tyson Drive, Augusta, ME
COMMENT DEADLINE: November 6, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOC RULE-MAKING LIAISON: Mary Lucia, 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 THESE RULES: Title 34-A  §3032
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://maine.gov/corrections/ .


AGENCY: 01-015 - Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #11-15
PROPOSED RULE NUMBER: 2015-P175
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: October 22, 2015, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: October 22, 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 IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA  §8054; 7 MRSA  §2954


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 301, Maine Food Supplement Certification Manual, Rule #193P: SUA -COLA Changes for FFY 2016 (Sections: FS-000-1, FS-555-5 pages 1-11)
PROPOSED RULE NUMBER: 2015-176
CONCISE SUMMARY: This rule implements updated standard utility allowances (SUA), as approved by USDA Food and Nutrition Sevices (FNS), for FFY 2016. Federal regulation 7 CFR 273.9(d) requires that SUA(s) be reviewed and updated annually. The SUA values are based on changes in the Consumer Price Index (CPI) for fuel and utilities, from June 2014 to June 2015, subject to approval by FNS.
This rule also implements the annual cost of living allowances (COLA), including adjustments for income eligibility standards, standard deductions and the maximum shelter allowance, as determined by FNS. Federal regulations 7 CFR 273.9(a) and (d) require that these allowances be updated annually, effective October 1st.
PUBLIC HEARING: No hearing is scheduled.
DEADLINE FOR COMMENTS: November 6, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: 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 .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRS  § § 42, 42(8), 3104
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 01-015 - Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 29, Dealer Margins
PROPOSED RULE NUMBER: 2015-P177
CONCISE SUMMARY: The principal reason for this rule-making is to introduce new information.
PUBLIC HEARING: October 22, 2015, Thursday, starting at 11:00 a.m., Room 233, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: November 6, 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 IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA  §2954
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 301, Maine Food Supplement Certification Manual, Rule #192P: Simplified Reporting to Change Reporting (Sections: Alpha Index pages 1-5 ; FS-666-6 pages 1-8)
PROPOSED RULE NUMBER: 2015-P178
CONCISE SUMMARY: The purpose of this rule is to change the Food Supplement reporting requirements for changes in circumstance from a six-month period to within 10 days of a change becoming known to the household. According to federal rule 7 CFR  §273.12, "Requirements for change reporting households," state agencies have the option to change reporting requirements within specific parameters provided by this federal rule.
Changing reporting requirements to within 10 days of a change becoming known to a household will improve program integrity by incorporating changes as they happen, rather than only at a due date of six months or at annual review.
PUBLIC HEARING: No hearing is scheduled.
DEADLINE FOR COMMENTS: November 6, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: 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 .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRS  § § 42(1), 3104
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 12-597 - Department of Labor (DOL), Bureau of Employment Services (BES)
CHAPTER NUMBER AND TITLE: Ch. 2, Rules Governing the Competitive Skills Scholarship Program
PROPOSED RULE NUMBER: 2015-P179
BRIEF SUMMARY: The Competitive Skills Scholarship Program (CSSP) has been in effect since September 2007. The proposed rule amendment provides clarity of eligibility and assessment of CSSP through changes to the components of the rule that deal with definitions, earnings evaluation, and the addition of the Bridge Program. The rule amendment will apply to all scholarship recipients, including recipients who were granted scholarships prior to the enactment of the rule amendment.
DETAILED BASIS STATEMENT / SUMMARY:
Clarity of the Rules
• Page 2. Section 1: Definitions. Marketable postsecondary degree (#9). Edited document to apply appropriate terms applicable to the status of an existing degree. CSSP will not pay for a second degree if an applicant has already earned one.
• Page 2. Section 1: Definitions. Changed (#14). Added definition of Bridge Program participant to define which students may apply to enter the CSSP Bridge Program.
• Page 2. Section 1: Definitions. Renumbered 14 to 15. No other change.
• Page 3. Section 2: Eligibility. Part 1 Criteria. Definition B. Added; or enrolled in the ECCTEP; Definition clarification based on addition of the Bridge Program to CSSP.
• Page 3. Section 2: Eligibility. Part 2 Determining Financial Eligibility. Paragraph B. Household income. Definition (1). Included income. Deletes Disability Income (SSDI) as included income to be more in line with current practices of other Federal and State programs. Definition (2) Excluded Income. Added Disability (SSDI).
• Page 5. Section 2: Eligibility. Part 2 Determining Financial Eligibility. Paragraph C. Verification. Change Workforce Investment Act (WIA) to Workforce Innovation and Investment Act (WIOA). This was continued throughout the document.
• Page 6. Section 3: Application and Decision. Part 1 Application. Added ECCTEP applicants under the age of 18 must have their application signed by a parent or legal guardian, except in the case of emancipated minors. This is intended to further clarify process for the addition of the Bridge Program to CSSP.
• Page 6. Section 4: High Compensation Occupations with Demands for Skilled Labor. Part 1 Choosing industries and occupations. Added the term full-time to more clearly define expected type of employment.
• Page 7. Section 4: High Compensation Occupations with Demands for Skilled Labor. Part 1 Choosing industries and occupations. C. Individual petition. Added the term full-time to more clearly define expected type of employment. Increased number employers who must verify availability of high wage in demand job from 1 to 3.
• Page 10. Section 6: Individual Service Strategy Development. Part 3 Comprehensive Assessment. E. Added qualifier pursuit of full-time employment.
• Page 17. Section 7: Appeals. Part 1 Appeal to CSSP Program Manager. Added language to include process for minor Bridge participants.
• Page 17. Section 7: Appeals. Part 2 Appeal of CSSP Program Manager's Decision. Added language to include process for minor Bridge participants.
Please note administrative change throughout the document to reflect the Federal name change WIA has been changed to WIOA.
PUBLIC HEARING: Wednesday, October 28, 2015 - 1:00 p.m., Maine Department of Labor - Francis Perkins Conference Room, 45 Commerce Drive, Augusta, ME 04333
COMMENT DEADLINE: Monday, November 9, 2015 by 12:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOL RULE-MAKING LIAISON: Jeanne St. Pierre, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. E-mail: Jeanne.StPierre@Maine.gov .
STATUTORY AUTHORITY FOR THIS RULE: 26 MRSA  §2033
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
WEBSITE: http://www.maine.gov/labor/bes/index.shtml .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Maine Food Supplement Certification Manual, Rule #193E: SUA Changes for FFY 2016 (FS-555-5 pages 1-11)
ADOPTED RULE NUMBER: 2015-176 (Emergency)
CONCISE SUMMARY: This rule implements updated standard utility allowances (SUA), as approved by USDA Food and Nutrition Services (FNS) for FFY 2016, effective October 1,2015. Federal regulation 7 CFR 273.9(d) requires that SUA(s) be reviewed and updated annually. The SUA values are based on changes in the Consumer Price Index (CPI) for fuel and utilities, from June 2014 to June 2015, subject to approval by FNS. CPI data was released on July 17, 2015. New SUA allowances were determined and submitted to FNS for approval on July 28, 2015. FNS provided approval of the SUA allowances on August 3, 2015.
The final approved values, which will cause benefits to decrease, were not provided in a timeframe that would allow the department to comply with the non-emergency rule-making process and implement by the required date of October 1, 2015. An emergency rule change is necessary to preclude federal penalties or loss of federal funds and thereby avoid threats to the public health, safety and general welfare.
EFFECTIVE DATE: October 1, 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: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #10-15
ADOPTED RULE NUMBER: 2015-177 (Emergency)
CONCISE SUMMARY: Minimum October 2015 Class I price is $19.09/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.86/cwt. handling fee for a total of $24.03/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: October 4, 2015
AGENCY CONTACT PERSON / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations; Ch. 1-A, State Heritage Fish Waters; Ch. 2, Fishing Derbies and Tournaments
ADOPTED RULE NUMBER: 2015-178, 179, 180
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to open water fishing and ice fishing. This body of rules is printed in its entirety in the Open Water & Ice Fishing Laws and Rules booklet (January 1, 2016 - December 31, 2016) and will be available from the Department, online at www.Maine.gov/ifw/ , as well as license agents. The Department has also made additions to the State Heritage Fish waters list to include four (4) bodies of water: Cedar Pond in T3R5 BKP WKR; Stony Brook Pond in Lower Enchanted TWP; Debsconeag Lake, Eighth in Rainbow TWP and Unknown Pond in Gorham Gore. Amendments were also made to Bass Tournament rules as they pertain to Maine - New Hampshire border waters for more consistency with New Hampshire tournament rules.
For a copy of adopted changes prior to release of the laws and rules booklet, please contact the Agency Rule-making Contact Person.
EFFECTIVE DATE: October 5 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 .