October 28, 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: 02-041 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR)
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2015-P193
BRIEF SUMMARY: The Office of Professional and Occupational Regulation ("OPOR") proposes fee changes across a number of licensing boards and programs. OPOR proposes to eliminate application fees for the following: Board of Accountancy; American Sign Language, English Interpreters and Transliterators; Board of Complementary Health Care Providers; Board of Licensure of Professional Land Surveyors; and Board of Respiratory Care Practitioners. OPOR also proposes to reduce fees for the following: all licenses issued by the Board of Accountancy; Limited Interpreter/Transliterator and Certified Interpreter/Transliterator licenses issued by the American Sign Language, English Interpreters and Transliterators Program; Chiropractor (initial licensure), Chiropractic Assistant, Temporary Chiropractic Assistant, and Chiropractic Acupuncture licenses issued by the Board of Chiropractic Licensure; all licenses issued by the Board of Complementary Health Care Providers; Manufactured Housing Community license, and the State of Maine warranty seal, State-certified modular home seal, and Installation warranty seal issued by the Manufactured Housing Board; Free Clinic license issued by the Board of Pharmacy; and Veterinarian and Veterinary technician licenses, and the Relief veterinarian service permit and Temporary permit issued by the State Board of Veterinary Medicine. Additionally, in order to update the rule, other board/program-specific changes are required for Charitable Solicitations, the Board of Licensure of Foresters, the Board of Funeral Service, and the Board of Social Worker Licensure. 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 30, 2015 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / OPOR RULE-MAKING LIAISON: Holly Doherty, Staff Attorney, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8615. E-mail: Holly.Doherty@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS  §8003(2-A)(D); 32 MRS  §12203; 32 MRS  §1527; 9 MRS  §5015-A; 32 MRS  §558; 32 MRS  § § 12514-A, 12526; 32 MRS  § § 5507, 5515(6); 32 MRS  § § 1504, 1501-B (enacted by PL 2015 c. 246); 32 MRS  §18229; 10 MRS  §9021(2-A); 32 MRS  §13724; 32 MRS  §9710; 32 MRS  § § 7056, 7060; 32 MRS  §4863-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 125, Basic School Approval Standards: Public Schools and School Administrative Units
PROPOSED RULE NUMBER: 2015-P194
BRIEF SUMMARY: LD 97, Resolve 2015 ch. 2 directed the Department of Education and State Board of Education to amend Joint Rule Ch. 125, Basic School Approval Standards: Public Schools and School Administrative Units, to include lockdown drills as well as emergency evacuation drills within the established required number of drills to be performed.
PUBLIC HEARING: no hearing planned
COMMENT DEADLINE: November 30. 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOE RULE-MAKING LIAISON: Jaci Holmes, Federal/State Liaison, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. TTY or TDD: Maine Relay 711. E-mail: Jaci.Holmes@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA  §4504(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Resolve 2015 ch. 2
WEBSITE: http://www.maine.gov/doe/ .

AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 396, Efficiency Maine Trust Procurement Funding Cap
PROPOSED RULE NUMBER: 2015-P195
BRIEF SUMMARY: The Public Utilities Commission initiates a rule-making to establish the process and requirements by which the Commission will determine the statutory cap of 4% of the total retail electricity and transmission and distribution sales for the procurement of electric energy efficiency resources pursuant to Title 35-A  §10110(4-A).
PUBLIC HEARING: November 19, 2015, 3:00 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: November 30, 2015. Written comments on the proposed rule may be filed with the Administrative Director until November 30, 2015. However, the Commission requests that comments be filed by November 16, 2015 to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2015-00298, and be filed through the Commission's case management system.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Amy Mills, Staff Attorney, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1388. E-mail: Amy.Mills@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS  § § 104, 111, 10110(4-A)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Maine Care Services (OMS) - Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 2, Adult Family Care Services
PROPOSED RULE NUMBER: 2015-P196
CONCISE SUMMARY: This proposed rule increases by 4% the reimbursement rates for Adult Family Care Services at residential care facilities provided under MaineCare Benefits Manual, Ch. III Section 2. This rule proposal follows the enactment of the State's biennial budget, which among other rate increases, increased the rates for Section 2 services, effective July 1, 2015. PL 2015 ch. 267, 702 - LD 1019, Part A Sec. A-32, and Part UUUU, Sec. UUUU-l. The Department is proposing to adopt the Section 2 rate increases on a retroactive basis pursuant to 22 MRSA  §42(8). Pending this routine rule-making process, the Department has also adopted an emergency rule in order to implement the rate increases.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: November 16, 2015 - 10:00 a.m., Room 302, Burton Cross Building, 111 Sewall Street, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before November 9, 2015.
DEADLINE FOR COMMENTS: Comments must be received by midnight November 26, 2015.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Thomas Leet, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4068. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Thomas.Leet@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA  § § 42(8), 3173, PL 2015, ch. 267, 702 - LD 1019 Parts A, UUUU
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 26, Producer Margins
ADOPTED RULE NUMBER: 2015-186
CONCISE SUMMARY: The principal reason for this rule-making is the need to establish producer margins for milk marketing areas within the State of Maine in accordance with 7 MRSA  §2954.
EFFECTIVE DATE: October 25, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / 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 .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

?AGENCY: 03-201 - Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual – Adult:
Subsection 27.3, Community Transition Program
ADOPTED RULE NUMBER: 2015-187 (Emergency)
CONCISE SUMMARY: The revisions to this rule will allow employers in the State of Maine, especially those who are having difficulties in finding employees, to have an additional pool of potential employees, while at the same time providing additional and more extensive work opportunities for prisoners to assist with community reintegration. These revisions are necessary to adopt on an emergency basis in order to ensure a viable work force for Maine employers who otherwise might be unable to sustain their businesses. The Maine Department of Corrections is proposing revision of the existing rule, Ch. 10 Subsection 27.3, “Community Transition Program”, pursuant to 34-A MRSA  §3035. The revisions include extending the eligibility for community transition programs from one year to two years prior to a prisoner's current release date and changing the requirement of requiring a prisoner to serve 120 days in a Department facility to 30 days.
The revisions will allow eligible prisoners an additional year to participate in community transition programs, consisting of Work Release, Education Release and/or Public Service Release. It will also permit prisoners with short sentences to take greater advantage of these programs.
EFFECTIVE DATE: October 21, 2015
AGENCY CONTACT PERSON / DOC RULE-MAKING LIAISON: Mary Lucia, Department of Corrections, 25 Tyson Drive, 111 State House Station, Augusta, ME 04333-0111. Telephone: (207) 287-4681. E-mail: Mary.A.Lucia@Maine.gov .
WEBSITE: http://www.maine.gov/corrections/ .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. III Section 2, Adult Family Care Services
ADOPTED RULE NUMBER: 2015-188 (Emergency)
CONCISE SUMMARY: This emergency rule retroactively increases reimbursement rates by 4% for Adult Family Care Services at residential care facilities provided under MaineCare Benefits Manual, Ch. III Section 2, “Adult Family Care Services”. This emergency rule adoption follows the enactment of the State’s biennial budget, which among other MaineCare rate increases, increased the rates for Section 2 services effective July 1, 2015. PL 2015 ch. 267, 702 – LD 1019, Part A Sec. A-32, and Part UUUU Sec. UUUU-1. To implement these rate changes, the budget also authorized the Department to adopt emergency rules pursuant to 5 MRSA  §8054 without needing to demonstrate the emergency findings in support of emergency rule-making. PL 2015, ch. 267, 702 – LD 1019, Part UU Sec. UU-1. This emergency rule adoption will be effective for a ninety-day period in accordance with 5 MRSA  §8054(3), during which time the Department will engage in routine rule-making to avoid a lapse in this reimbursement rate increase.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: Retroactive to July 1, 2015
AGENCY CONTACT PERSON: Thomas Leet, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-624-4068. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Thomas.Leet@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBERS AND TITLES:
Ch. 115, Vibrio parahaemolyticus Control Plan (New chapter)
Ch. 9, Harvester: Shellstock Harvesting, Handling and Sanitation
Ch. 15, General Shellfish Sanitation Requirements
Ch. 16, Uniform Physical Plant Equipment and Operation Requirements
Ch. 17, Shucker-Packer
Ch. 18, Shellstock Shipper
Ch. 19, Reshipper
Ch. 20, Depuration
Ch. 22, Retail Shellfish
ADOPTED RULE NUMBER: 2015-189 thru 197
CONCISE SUMMARY: The enactment of Ch. 115, "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, South 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, exempting Limited Purpose Aquaculture license holders who are harvesting from their license site. The regulations will go into effect on January 1, 2016. Ch. 9, 15, 16, 17, 18, 19, 20, 22 are amended to include reference to the newly enacted Ch. 115. Minor clarifications in Ch. 15 are also included.
As authorized by 12 MRS  §6171-A, the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: October 26, 2015
AGENCY CONTACT PERSON: Kohl Kanwit: (207) 633-9535
AGENCY: Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6576. TTY: (711) Maine Relay. 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. 26, Sea Urchin Regulations and Targeted Closure
ADOPTED RULE NUMBER: 2015-198
CONCISE SUMMARY: This rule establishes a targeted closure in the Cat Ledges Area in order to facilitate an industry-led Pilot Sea Urchin Restoration Project in the area. The area will be closed for three years and will expire on May 1, 2018 when the project is anticipated to be complete. The goal of the project is to evaluate success of transplanting wild sea urchins and the out planting of hatchery raised juvenile sea urchins as a means to reestablish a colony of commercially viable urchins in an area that once supported wild harvest, where they are now commercially extinct. This effort has been developed through the Sea Urchin Zone Council (SUZC) and is an industry-led project with harvesters conducting the majority of the work with the support of the SUZC’s scientists. In addition, this regulation removes the restriction that Zone 2 divers may not possess, fish or take urchins with a bag having a mesh opening of less than 2  Ľ inches between knots, as Zone 2 divers are now required to cull undersized urchins on bottom.
As authorized by 12 MRS  §6171, the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: October 26, 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 .