October 21, 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: 65-407 - Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 403, Rules for the Distribution of Funds to Support Regional Rideshare Programs
PROPOSED RULE NUMBER: 2015-P187
PUBLIC HEARING: No public hearing
BRIEF SUMMARY: The Public Utilities Commission proposes to repeal outdated rule related to a prior role the Commission had regarding Maine's energy conservation programs.
COMMENT DEADLINE: November 23, 2015. Written comments on the proposal to repeal this rule may be filed using the Commission's case management system no later than November 23, 2015. Please refer to Docket No. 2015-00286 when submitting written comments. Persons without electronic access may mail comments to Administrative Director, Maine Public Utilities Commission 18 State House Station, Augusta, Maine 04333.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Paulina Collins, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1566. E-mail: Paulina.Collins@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: PL 2015, ch. 43
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .


AGENCY: 65-407 - Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 895, Underground Facilities Damage Prevention Requirements
PROPOSED RULE NUMBER: 2015-P188
BRIEF SUMMARY: The Public Utilities Commission initiates a proceeding to consider proposed amendments to the Commission's Underground Facilities Damage Prevention Requirements rule (Ch. 895) pursuant to recently enacted legislation (PL 2015, ch. 213).
PUBLIC HEARING: November 13, 2015 – 2 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: November 24, 2015. Written comments on the proposal to repeal this rule may be filed using the Commission's case management system no later than November 24, 2015. Please refer to Docket No. 2015-00296 when submitting written comments. Persons without electronic access may mail comments to Administrative Director, Maine Public Utilities Commission 18 State House Station, Augusta, Maine 04333.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Paulina Collins, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1566. E-mail: Paulina.Collins@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 23 MRS  §3360-A 35-A MRS  § § 104, 111; PL 2015 ch. 213
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .


AGENCY: 02-298 - Department of Professional and Financial Regulation (PFR), Office of Professional & Occupational Regulation (OPOR), Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 240, Standards of Professional Practice (amended)
PROPOSED RULE NUMBER: 2015-P189
BRIEF SUMMARY: Title 32 MRS  §14012(3) authorizes the board to establish standards of practice for licensed real estate appraisers, and 32 MRS  §14028 requires licensees to comply with the Uniform Standards of Professional Appraisal Practice ("USPAP"), as promulgated by the Appraisal Standards Board of the Appraisal Foundation. The proposed rule amendment designates the 2016-17 edition of USPAP as the standards of practice in effect beginning January 1, 2016. Changes from the 2014-15 edition are discussed in detail in the Appraisal Standards Board's "2015 Summary of Actions (Revised March 5, 2015) Related to Proposed USPAP Changes" (February 6, 2015). This document may be downloaded from the Appraisal Foundation website: www.appraisalfoundation.org . A more detailed description and the text of the proposed rule may be obtained from www.maine.gov/professionallicensing/ .
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: November 20, 2015 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Karen Bivins, Board Administrator, Office of Professional & Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8524. E-mail: Karen.L.Bivins@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  §14012(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 32 MRS  §14028; 12 USC  § § 3336, 3339 (Title XI of the Financial Institutions Recovery, Reform and Enforcement Act of 1989, as amended, Real Estate Appraisal Reform Amendments, Sections 1107, 1110).
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/appraisers/index.html .
OPOR RULE-MAKING LIAISON: Holly.Doherty@Maine.gov .


AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 176 (New), Rule Governing the Child Development Services State Intermediate Educational Unit's Contracting for Evaluations, Early Intervention Services, and Special Education and Related Services
PROPOSED RULE NUMBER: 2015-P190
BRIEF SUMMARY: This rule sets forth the process whereby the Child Development Services (CDS) State Intermediate Educational Unit (SIEU): establishes a roster of independent contractors for the provision of evaluations for children with disabilities age birth - 5, early intervention services for children with disabilities age birth - 2, and special education and related services for children with disabilities age 3 - 5; and ensures the provision of services in accordance with the contracts developed with independent contractors selected from the roster.
PUBLIC HEARING: November 9, 2015 from 1-2:30 p.m. in Room 600 of the Cross State Office building, 111 Sewall Street, Augusta, Maine
COMMENT DEADLINE: December 4, 2015 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Cindy Brown. Telephone: (207) 624-6660. E-mail: Cindy.Brown@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA  §7209(1)(A)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/doe/cds/ .
DOE RULE-MAKING LIAISON: Jaci.Holmes@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, Maine Public Assistance Manual (TANF), Rule #105P (Budget Changes to Gross Income Text and Transitional Transportation Rules): Ch. IV, Budgeting Process; Ch. V, Post-TANF Benefits; Appendices
PROPOSED RULE NUMBER: 2015-P191
BRIEF SUMMARY: This rule will remove the gross income test for TANF recipients. This rule will also extend the duration of the Transitional Transportation benefit from 12 to 18 months, and will set the daily reimbursement maximum for months 13 - 18 to $15 per day.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: Friday, November 20, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Dawn Mulcahey, TANF Program Manager Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta, Maine 04333-0011. Telephone: (207) 624-4109. TTY 711 Maine Relay. E-mail: Dawn.Mulcahey@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None known
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA  § § 42(1), 3762(3)(A), 3762(8), 3769-A, PL 2015, Ch. 267, Pt. RRRR-2 and Pt. RRRR-3
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 607, ASPIRE-TANF Program Rules, Rule #22P: Section 3 Subsection VI, Scheduling Procedures (pages 3-5, 3-7, 3-8;
Section 5 Subsection VI, Sanctioning Procedures (pages 4-1, 4-8, 4-9)
PROPOSEDRULENUMBER: 2015-P192
BRIEF SUMMARY: This proposed rule revises the scheduling process in Section 3 to clarify that an unexcused failure to appear for an appointment with ASPIRE, or any of the service providers included in the Family Contract Amendment, or to provide prior notice to ASPIRE with good cause (as determined by ASPIRE/TANF), will result in a Notice of Sanction.
The ASPIRE/TANF program has determined that the current noticing process is duplicative, and delays participant compliance. In Section 4, the notice of non-compliance and ten workday waiting period will be removed. The sanctioning process includes a provision that allows the participant ten workdays to prove good cause and request a fair hearing if the participant disagrees with the Department's determination of good cause.
PUBLIC HEARING: November 9, 2015, at 1:00 p.m., 19 Union Street, Conference Room 110, Augusta
COMMENT DEADLINE: November 22, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Dawn Q. Croteau, ASPIRE Program Manager, Department of Health & Human Services Office for Family Independence, 11 State House Station, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-6968. TTY: 711 (Maine Relay). E-mail: Dawn.Croteau@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS  § § 42(1), 3762(3)(A), 3769-A, 3786
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 2, Rule Concerning the Processing of Applications and Other Administrative Matters
ADOPTED RULE NUMBER: 2015-185
CONCISE SUMMARY: The Department has adopted amendments its Ch. 2, Rule Concerning the Processing of Applications and Other Administrative Matters. to allow the submission of electronic signatures in a form acceptable to the Department, and eliminate the requirement to submit an original paper document within five working days of an electronic submission, thereby helping to modernize and better align the Department’s submission requirements with current business practice.
The Department also amended the permit by rule provisions of Ch. 2 to provide for a 14 calendar day review period, which is consistent with the Department’s Ch. 305, Natural Resources Protection Act - Permit by Rule Standards.
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: October 19, 2015
AGENCY CONTACT PERSON: Jeff Crawford, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. E-mail: Jeff.S.Crawford@Maine.gov .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .