August 10, 2016

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: 29-250 - Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 110, Non-Governmental Registration Agent Requirements
PROPOSED RULE NUMBER: 2016-P108
BRIEF SUMMARY: This rule establishes the requirements for non-governmental registration agents pursuant to 29-A MRS  §204. The rule sets forth requirements for training, equipment and software, reporting, inventory control, audit, and suspension and hearings for registration agents. A registration agent may be authorized to collect registration, title and related taxes and fees, and to issue registration credentials and indicia. A registration agent is authorized and required to transmit registration data to the Bureau of Motor Vehicles. A registration agent may be authorized to process motor vehicle registrations, and annual and long term trailer registrations. A registration agent may be authorized to have plate and validation inventory, and to issue motor vehicle credentials.
PUBLIC HEARING: none planned
COMMENT DEADLINE: September 9, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Garry Hinkley, Director - BMV Vehicle Services, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9083. E-mail: Garry.Hinkley@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 29-A  §204
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCIES:
10-144 - Department of Health and Human Services (DHHS) - MCDC Immunization Program, jointly with
05-071 - Department of Education (DOE)
CHAPTER NUMBERS: Ch. 261 (DHHS); Ch. 126 (DOE)
PROPOSED RULE NUMBERS: 2016-P109, P110
RULE TITLE OR SUBJECT: Immunization Requirements for School Children
CONCISE SUMMARY: These proposed changes include adding a Tdap vaccine to the required school entry for children entering 7th grade, to protect Maine students. Maine is one of only three remaining states yet to implement this requirement. The update to the number of Varicella exclusion days align with recommendations issued by the federal Centers for Disease Control and Prevention. These changes also remove outdated implementation language and more clearly reflect the DHHS Office names and structure, to reduce confusion in following the rules.
PUBLIC HEARING: No public hearing planned
DEADLINE FOR COMMENTS: September 9, 2016
AGENCY CONTACT PERSONS:
DHHS: Tera Pare, Manager, Regulations and Enforcement (DHHS), Department of Health and Human Services, Maine Center for Disease Control and Prevention, 286 Water Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
DOE: Jaci Holmes, Federal State Legislative Liaison (DOE), Maine Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
FISCAL IMPACT OF THE RULE: none
STATUTORY AUTHORITY: 20-A MRS  § § 6352-6359
DHHS WEBSITE: http://www.maine.gov/dhhs/mecdc/infectious-disease/immunization/ .
DOE WEBSITE: http://www.maine.gov/doe/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .
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: Section VI, Administrative Procedures (TANF Rule 106 (EBT))
PROPOSED RULE NUMBER: 2016-P111
BRIEF SUMMARY: This rule is proposed to implement the statutory changes restricting the purchase of certain items using TANF benefits through the electronic benefit (EBT) system, and creates penalties for violations of the rule. The policy change will enhance and ensure program integrity that TANF funds are used for living necessities and not for non-essential and discretionary purchases such as tobacco/liquor, gambling, and firearms. The penalties for knowingly violating the proposed rule include issuing an overpayment in the amount used for the prohibited purchase, and the possibility of an increased period of disqualification from the TANF benefits, depending on the number of offenses. The statutory changes enacted in April 2016 were made via PL 484 and codified as 22 MRS  §3763(11)-(12).
The proposed rule also includes editing and formatting changes throughout the chapter that improve overall appearance, readability, and consistency of terminology. For example, the term “individual” is changed to “recipient” and “assistance unit” is changed to “assistance group.” Cross references to the Food Supplement Manual are removed to ensure obsolete policy is not referenced by mistake.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: None.
COMMENT DEADLINE: Must be received by 11:59 p.m., September 9, 2016.
CONTACT PERSON FOR THIS FILING: Marta Noriega-Allen, Senior Planner, Department of Health & Human Services, Office for Family Independence, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4135. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. E-mail: Marta.Noriega-Allen@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None known.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS  § § 3762(3)A, 3763(11)-(12), 3769-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 22 MRS  §3763(11)-(12)
OFI RULES WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 830, Valuation of Life Insurance Policies
ADOPTED RULE NUMBER: 2016-133
CONCISE SUMMARY: The amendments adopt the 2009 amendments to a National Association of Insurance Commissioners Model which removes former restrictions on the experience factors life insurers may use to determine reserves for life insurance policies. In connection with this change, an annual actuarial statement as to the effect of any insufficiency of assets to support the payment of benefits and expenses is required.
EFFECTIVE DATE: August 8, 2016
AGENCY CONTACT PERSON: Elena Crowley, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8421. E-mail: Elena.I.Crowley@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .

AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Road Setbacks and Accessory Structures
ADOPTEDRULENUMBER: 2016-134
CONCISE SUMMARY: The Commission is updating its rules regarding road setbacks and accessory structures in order to allow property owners to build structures closer to the road in certain subdistricts and to allow residential accessory structures on certain reduced size lots.
EFFECTIVE DATE: August 9, 2016
AGENCY CONTACT PERSON: Naomi Kirk-Lawlor, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4936. E-mail: Naomi.E.Kirk-Lawlor@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Appendix F, Expedited Wind Energy Development Area
ADOPTED RULE NUMBER: 2016-135
CONCISE SUMMARY: The Maine Land Use Planning Commission has adopted rule changes to Ch. 10, Land Use Districts and Standards, Appendix F – “Expedited Wind Energy Development Area”. The Commission has updated its rules in response to "An Act To Improve Regulatory Consistency within the Jurisdiction of the Maine Land Use Planning Commission," P.L. 2015, ch. 265 and in accordance with Title 35-A  §3453-A. This adoption responds to 14 petitions for removal from the Expedited Wind Energy Development Area. In accordance with the law, each of the places, if the corresponding petition is valid, shall be removed from the expedited area through rule-making.
EFFECTIVE DATE: August 9, 2016
AGENCY CONTACT PERSON: Tim Beaucage, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4894. Email: Timothy.Beaucage@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 29-250 - Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 8, Rules for Ignition Interlock Devices
ADOPTED RULE NUMBER: 2016-136
CONCISE SUMMARY:
(1) update rules due to legislative changes.
(2) bring Maine rules in line with federal model specifications for Breath Alcohol Ignition Interlock Devices.
EFFECTIVE DATE: August 9, 2016
AGENCY CONTACT PERSON: Linda Grant, Director, 29 Statehouse Station, Augusta, ME 04333. Telephone: (207) 624-9124. E-mail: Linda.Grant@Maine.gov .
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 41, Menhaden: 41.30(1), Menhaden Fishery Closure
ADOPTED RULE NUMBER: 2016-137 (Emergency)
CONCISE SUMMARY: The Atlantic States Marine Fisheries Commission Atlantic Menhaden Management Board approved a total allowable catch (TAC) for the 2015 and 2016 fishing seasons of 187,880 mt per year. The percentage allocated to Maine for 2016 is 0.04%, or 161,466 lbs. States have the responsibility to close their directed commercial fisheries in their state once their quota has been reached. Based on landings reports received, Maine DMR is aware that the 2016 menhaden quota has been exceeded, and is closing the menhaden fishery for 2016 in order to avoid unusual damage and imminent depletion of the menhaden resource. An exception to the closure is provided in order to allow a small amount of menhaden to be taken by hook and line for personal use only. The Commissioner adopts this emergency rule-making under the authority provided by  §6171-3(A). Maine DMR also anticipates that the biomass available to the State for an episodic event fishery will be met or exceeded before August 5, 2016, and this also serves as notice that the episodic event fishery is closed, as provided by 41.30(2)(A).
EFFECTIVE DATE: August 5, 2016
AGENCY CONTACT PERSON / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Hannah.Dean@Maine.gov . DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/
DMR WEBSITE: http://www.maine.gov/dmr/index.html .