December 23, 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: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 204, Waiver of Member Payment Requirement Where Caused by Employer Error or Omission
PROPOSED RULE NUMBER: 2015-P241
BRIEF SUMMARY: The proposed rule establishes standards for determining whether to grant a waiver under 5 MRS  §17103(6) to a member or retiree who, without the waiver, would be required to make payments to the Maine Public Employees Retirement System ("MainePERS") because of an employer error or omission.
PUBLIC HEARING: January 14, 2016, 1:00 p.m. EST, Maine Public Employees Retirement System, 96 Sewall Street, Augusta, Maine
COMMENT DEADLINE: January 29, 2016, 5:00 p.m. EST
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Michael J. Colleran, MainePERS, 96 Sewall Street, Augusta, Maine 04330. Telephone: (207) 512-3107. E-mail: Michael.Colleran@mainepers.org .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS  §17103(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: www.mainepers.org .
MainePERS RULE-MAKING LIAISON: Kathy.Morin@mainepers.org .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services OMS) – Division of Policy
CHAPTERS.NUMBER AND TITLE: Repeal of Ch. 101, MaineCare Benefits Manual (MBM): Ch. II & III Section 68, Occupational Therapy Services; and proposal of Ch. II & III Section 85, Physical & Occupational Therapy Services
PROPOSED RULE NUMBER: 2015-P242
CONCISE SUMMARY: These changes are being proposed to limit access to, and clarify, services. In particular, the proposed changes combine Sections 85 (Physical Therapy Services) and 68 (Occupational Therapy Services) to cover services that are designed to return members to a normal or previous best level of function, maximize a new best level of function, maintain level of function, or maximize individual independence.
In Ch. II, the Department proposes to limit services by allowing adults one (1) evaluation and five (5) treatments per profession, per calendar year, without a prior authorization. Additional services can be requested with a prior authorization. MaineCare members who are under the age of twenty-one (21) shall receive all medically necessary services without prior authorization. Additionally, the Department proposes new reimbursement requirements for splinting supplies. Finally, the Department proposes minor technical edits.
The Department proposes to add splinting codes in Ch. III and remove the current link to the codes in Ch. II. Additionally, the Department proposes to update code 92605 from "per service" to "60 minutes" and add code 92618 to cover additional units. Finally, the Department proposes minor coding edits.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: January 12, 2016 - 1:00 p.m., Room 110, 19 Union 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 January 5, 2016.
COMMENT DEADLINE: Comments must be received by midnight January 22, 2016.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Cari Bernier, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4031. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Cari.Bernier@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, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCIES:
02-373 - Board of Licensure in Medicine
02-383 - Board of Osteopathic Licensure
CHAPTER NUMBER AND TITLE: Ch. 2, Joint Rule Regarding Physician Assistants
PROPOSED RULE NUMBERS: 2015-P243, P244
BRIEF SUMMARY: The Board of Licensure in Medicine and the Board of Osteopathic Licensure propose a joint rule regarding physician assistants. The proposed rule establishes the process and requirements for a physician assistant to obtain a license and certificate of registration with either Board. The proposed rule sets forth standards for supervision of physician assistants and establishes the scope of practice, including prescribing authority. The proposed rule also imposes notification requirements upon physician assistants upon the occurrence of certain events, including but not limited to a change of primary supervising physician and the imposition of discipline. In addition, the proposed rule establishes licensing and registration fees, and sets the continuing medical education requirements for renewal of licensure and registration. Proposed Ch. 2 also establishes a Physician Assistant Advisory Committee. The text of the proposed rule may be obtained from www.maine.gov/md or www.maine.gov/osteo .
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: January 22, 2016 at 5:00 p.m.
CONTACT PERSONS FOR THIS FILING / SMALL BUSINESS INFORMATION:
Dennis E. Smith, Executive Director, Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333, tel. (207) 287-3605. E-mail: Dennis.E.Smith@Maine.gov .
Susan E. Strout, Executive Secretary, Board of Osteopathic Licensure, 142 State House Station, Augusta, ME 04333, tel. (207) 287-2480. E-mail: Susan.E.Strout@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  § § 3269(7), 3270-E (Board of Licensure in Medicine); 32 MRS  § § 2562, 2594-E (Board of Osteopathic Licensure)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITES:
Medicine: http://www.maine.gov/md/
Osteopathic: http://www.maine.gov/osteo/
AGENCY RULE-MAKING LIAISONS
Medicine: Maureen.S.Lathrop@Maine.gov
Osteopathic: Susan.E.Strout@Maine.gov .

AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10 Subsection 27.3: Community Transition Program
PROPOSED RULE NUMBER: 2015-P245
BRIEF SUMMARY: The proposed rule would make changes to the Community Transition Program (work release, education release or public service release) for prisoners that include: aligning the application, approval and review process with the process for furloughs; requiring that prisoners serve 30 days in the facility from which the prisoner is allowed to participate in the program; making prisoners eligible for the program two years from release date; requiring sex offenders to complete sex offender treatment to be considered for the program; prohibiting domestic violence offenders and sex offenders with minor victims from participating in the program if contact with his or her victim is likely, unless granted a waiver by the Commissioner; provisions for monitoring participation; and including an appeal process.
The proposed rule may be found on the Maine Department of Correction's website:
http://www.maine.gov/corrections/PublicInterest/policies.shtml .
DETAILED BASIS STATEMENT/SUMMARY: The Department of Corrections adopted by an emergency rule on November 12, 2015 a revision to Ch. 10 Subsection 27.3, “Community Transition Program”, pursuant to 34-A MRSA  §3035, that allowed the Commissioner to permit prisoners to participate in a special work release project for a specified period of time. This emergency rule assists employers in the State of Maine, especially seasonal employers 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 ensure a viable work force for Maine employers who otherwise might be unable to sustain their businesses.
Also, an emergency rule on the Community Transition Program was adopted on October 21, 2015 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. This proposal is to adopt through the regular rule making process the provisions of the 10/21/15 and the 11/12/15 emergency rules along with other revisions.
The revised rule would make changes that include: aligning the application, approval and review process for the Community Transition Program (work release, education release or public service release) with the Ch. 10, Subsection 27.4 Furlough Pass/Furlough Leave Program that was recently adopted on November 9, 2015; changing the 30 day requirement in the emergency rule to refer to time served in the facility from which the prisoner is allowed to participate in the program;
adopting the two year eligibility requirement; requiring sex offenders to complete sex offender treatment to be considered for the program; prohibiting domestic violence offenders and sex offenders with minor victims from participating in the program if contact with his or her victim is likely, unless granted a waiver by the Commissioner; provisions for monitoring participation; and including an appeal process.
PUBLIC HEARING: January 12, 2016 at 10:00 a.m. until 12:00 noon in the Maine Department of Corrections - Board Room, in the Tyson Building (Third Floor), 25 Tyson Drive, Augusta, ME.
COMMENT DEADLINE: January 22, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOC RULE-MAKING LIAISON: Mary Lucia, Policy Development Coordinator, Maine Department of Corrections, 111 State House Station, Augusta, ME 04333. Office: (207) 287.4681. Cell: (207) 446.0993. Fax: (207) 287-4370. E-mail: Mary.A.Lucia@Maine.gov . Website: http://wvvw.maine.gov/corrections/ .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 34-A  §3035
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):

AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards
PROPOSED RULE NUMBER: 2015-P246
BRIEF SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Ch. 10, Land Use Districts and Standards, regarding a proposed new subdistrict developed for certain areas in Aroostook County in partnership with Northern Maine Development Commission (NMDC) through the Commission's Community Guided Planning and Zoning program. This regional planning effort implements the directive in Public Law 2011, Ch. 682  §34, for the Commission to initiate prospective zoning in the unorganized and deorganized parts of the state. The purpose of the new Rural Business Development Subdistrict (D-RB) is to encourage an appropriate range of business development in rural areas, and locate development in or at the edge of existing development and in concentrated areas along appropriate portions of major transportation corridors. The locations for the D-RB are selected to maintain the rural character of the region and avoid significant visual, natural resource, and fiscal impacts of unplanned growth. The D-RB subdistrict would include areas to accommodate a range of small commercial, light manufacturing, and institutional facilities and businesses that are generally compatible with, and complementary to, natural resource-based land uses but may create some adverse impacts to residential uses, recreation uses, or resource protection.
PUBLIC HEARING: None
COMMENT DEADLINE: Written comments must be submitted on or prior to January 22, 2016; written rebuttal comments must be submitted on or prior to February 12, 2016.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ben Godsoe, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2619. E-mail: Benjamin.Godsoe@Maine.gov . Website: www.maine.gov/doc/lupc .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITYFOR THIS RULE: 12 MRS  §685-A(3),  §685-A(7 A),  §685-C(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
FURTHER LUPC CONTACT PERSON: Samantha.Horn-Olsen@Maine.gov .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 29-255 - Secretary of State, Maine State Archives
CHAPTER NUMBER AND TITLE: Ch. 10, Rules for Disposition of Local Government Records
PROPOSED RULE NUMBER: 2015-P247
BRIEF SUMMARY: The Access to Vital Records law, which became effective in September 2011, requires that requestors of vital records meet certain requirements for obtaining records. An applicant must provide proof that they are either related to the registrant or they have a direct and legitimate interest in the matter recorded.
DETAILED BASIS STATEMENT / SUMMARY: Public Law 2011 ch. 58 amended Maine's vital records law, MRSA 22  § 2706, placing restrictions on who can obtain vital records, specifically records of births, deaths and marriages.
Before a vital record can be released, an applicant must provide proof that they are either related to the registrant or they have a direct and legitimate interest in the matter recorded., This rule is being amended to bring it into compliance with law.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: January 22, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / ARCHIVES RULE-MAKING LIAISON: Tammy Marks, Maine State Archives, 84 State House Station, 230 State Street, Augusta, ME 04333. Telephone: (207) 287-5799. E-mail: Tammv.Marks@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: All municipalities will have to determine if a requestor meets the requirements for obtaining a vital record and if not, they cannot provide the record.
STATUTORY AUTHORITY FOR THIS RULE: Title 22  §2706 sub- § 5
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/arc/ .

ADOPTIONS

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 45, Rule for Health Screening in Maine
ADOPTED RULE NUMBER: 2015-243
CONCISE SUMMARY: Revisions to the rule to include health screenings for children in public preschool programs, which are reflected in the Ch. 124 “Basic School Approval Public Preschool Program Standards” regulations.
EFFECTIVE DATE: December 13, 2015
AGENCY CONTACT PERSON / DOE RULE-MAKING LIAISON: Jaci Holmes, Maine Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .

AGENCY: 02-313 - Maine Board of Dental Examiners (affiliated with the Department of Professional and Financial Regulation - PFR)
CHAPTER NUMBER AND TITLE: Ch. 5, Requirements for Licensure as a Denturist
ADOPTED RULE NUMBER: 2015-244
CONCISE SUMMARY: This chapter implements Public Law 2015 ch. 192 of the 127th Legislature (First Regular Session), which allows the Board of Dental Examiners to issue a permit to a denturist student for the purpose of performing limited denturist services in order to meet the clinical requirements of a board-approved denturism educational program. The proposed amendment outlines the requirements for an individual seeking a denturist externship permit.
EFFECTIVE DATE: December 15, 2015
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Penny Vaillancourt, Executive Director, Maine Board of Dental Examiners, 143 State House Station, Augusta, ME 04333-0143. Telephone: (207) 287-3333. E-mail: Penny.Vaillancourt@Maine.gov .
WEBSITE: http://www.mainedental.org/ .

AGENCY: 02-298 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 240, Standards of Professional Practice (amended)
ADOPTED RULE NUMBER: 2015-245
CONCISE SUMMARY: In this rule-making, the Board amended Ch. 240 of its rules by updating the standards of professional practice for licensed real estate appraisers from the 2014-15 edition of the Uniform Standards of Professional Appraisal Practice to the 2016-17 edition of the Uniform Standards of Professional Appraisal Practice.
EFFECTIVE DATE: January 1, 2016
AGENCY CONTACT PERSON: Karen Bivins, Board Administrator, Board of Real Estate Appraisers, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8524. E-mail: Karen.L.Bivins@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/appraisers/index.html .
OPOR RULE-MAKING LIAISON: Holly.Doherty@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.22, Targeted Closures (1), (12), (13), (14): Muscle Ridge. Gouldsboro and Over Bays, Wohoa Bay and Jonesport Reach and Inner Machias Rotational Area
ADOPTED RULE NUMBER: 2015-246 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of conservation closures located in Gouldsboro & Dyer Bays, Wohoa Bay & Jonesport Reach and Inner Machias Rotational Area in order to protect Maine's scallop resource due to the risk of unusual damage and imminent depletion. Scallop populations throughout the state are at extremely low levels. The Department is concerned that unrestricted harvesting during the remainder of the 2015-16 fishing season in these areas may deplete a severely diminished resource beyond its ability to recover. Continued harvesting may damage sublegal scallops that could be caught during subsequent fishing seasons, as well as reducing the broodstock essential to a recovery. These immediate conservation closures are necessary to reduce the risk of unusual damage and imminent depletion. For these reasons, the Commissioner hereby adopts an emergency closure of Maine's scallop fishery in Gouldsboro & Dyer Bays, Wohoa Bay & Jonesport Reach and Inner Machias Rotational Area as authorized by 12 MRS  §6171(3). In addition, a clarification to the access in the Muscle Ridge Limited Targeted Closure is needed to ensure that access to this area does not overlap with that for the West Penobscot Bay Limited Access Area for both draggers and divers.
EFFECTIVE DATE: December 13, 2015
AGENCY CONTACT PERSON: Trish Cheney Telephone (207) 624-6554.
AGENCY NAME: Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. DMR rule-making website: http://www.maine.gov/dmr/rulemaking/. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: Trisha.Cheney@Maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Hannah.Dean@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 45, Shrimp: 45.05, Shrimp Season Closure
PROPOSED RULE NUMBER: 2015-247 (Emergency)
CONCISE SUMMARY: On December 7, 2015, the Atlantic States Marine Fisheries Commission's (ASMFC) Northern Shrimp Section approved a moratorium for the 2015-2016 shrimp fishery. This action was taken in response to the findings of the 2015 Stock Status Report, indicating current fishable biomass is the lowest on record. The Northern Shrimp Technical Committee (NSTC) evaluated a suite of indicators including fishery performance, survey indices of abundance and biomass, and environmental conditions. Despite the marginal increase in the recruitment index in 2014, the population continues to meet the criteria defining a collapsed stock. For these reasons, this emergency rule-making establishes that there will be no season for the taking of northern shrimp in 2015-2016.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRS  §6171(3)
EFFECTIVE DATE: December 11, 2015
AGENCY CONTACT PERSON / DMR RULE-MAKING LIAISON: Hannah Dean. E-mail: Hannah.Dean@Maine.gov .
AGENCY NAME: Department of Marine Resources , 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (711) Maine Relay (Deaf/Hard of Hearing). DMR rule-making website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 125, Basic School Approval Standards: Public Schools and School Administrative Units
ADOPTED RULE NUMBER: 2015-248
CONCISE 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.
EFFECTIVE DATE: December 19, 2015
AGENCY CONTACT PERSON / DOE RULE-MAKING LIAISON: Jaci Holmes, Maine Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .

AGENCY: 12-597 - Department of Labor (DOL), Bureau of Employment Services
CHAPTER NUMBER AND TITLE: Ch. 2, Rules Governing the Competitive Skills Scholarship Program
ADOPTED RULE NUMBER: 2015-249
CONCISE 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.
EFFECTIVE DATE: December 22, 2015
AGENCY CONTACT PERSON / 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 .
WEBSITE: http://www.maine.gov/labor/bes/index.shtml .