August 17, 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: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Unified Special Education Regulation Birth to Age 20
PROPOSED RULE NUMBER: 2016-P112
BRIEF SUMMARY: This proposal involves two changes:
(1) Corrects an error in the current rule regarding consultation services to clarify that it can be specially designed instruction and not only a related service.
(2) Changes the requirement to identify a child as having a specific learning disability including removal of the requirement that a child have a psychological processing disorder.
PUBLIC HEARING: September 8, 2016 from 9:00 a.m. to 11:00 a.m., Cross Office Building - 5th Floor, 111 Sewell Street, Augusta, Maine 04333
COMMENT DEADLINE: October 14, 2016 – 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Janice E. Breton, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6676. E-mail: Janice.Breton@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY: 20-A MRS  7005(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Individuals with Disabilities Education Act (IDEA)
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Jaci.Holmes@Maine.gov .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 221, Adult Education Administrative Costs Reimbursement
PROPOSED RULE NUMBER: 2016-P113
BRIEF SUMMARY:
1. Definitions
A. Administrative salaries: Change proposed to align rule with definition of adult education adopted in statute (p.245); Replace GED with high school equivalency to align with statute language due to GED no longer being the sole vendor of high school equivalency assessments.
B. Supervisory salaries: Change proposed to align rule with definition of adult education adopted in statute; Counselors deleted because they have a different reimbursement rate and noted specifically in  8607-A. 10 (p. 249).
C. Clerical salaries: Change proposed to align rule with definition of adult education adopted in statute. ….
G. Replace GED with high school equivalency to align with statute language due to GED no longer being the sole vendor of high school equivalency assessments.
PUBLIC HEARING: September 9, 2016, 9-10 a.m., Room 500 - Cross State Office Building – 5th Floor, 111 Sewall Street, Augusta, ME
COMMENT DEADLINE: October 14, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Gail Senese, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6755. E-mail: Gail.Senese@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY: Title 20 MRS ch. 308-A    2386, 2390, effective August 30, 1979; Title 20-A MRS  8602
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Jaci.Holmes@Maine.gov .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 229, Adult Education Fees
PROPOSED RULE NUMBER: 2016-P114
BRIEF SUMMARY:
1. Registration fees
A.1. Language change to reflect term used in the federal law
A.2. Separate courses are no longer offered specifically for students with disabilities.
B.1. College transition program was not offered at time of rule origination
2. Lab and Materials Fees – Simple language clarification and removal of “courses for students with disabilities” phrase since they are no longer offered.
PUBLIC HEARING: September 9, 2016, 10-11 a.m., Room 500 - Cross State Office Building – 5th Floor, 111 Sewall Street, Augusta, ME
COMMENT DEADLINE: October 14, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Gail Senese, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6755. E-mail: Gail.Senese@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY: Title 20 MRS ch. 308-A  2388; Title 20-A MRS    8601 - 8609
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Jaci.Holmes@Maine.gov .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 230, Adult Education Program Requirements
PROPOSED RULE NUMBER: 2016-P115
BRIEF SUMMARY:
1. Requirements and Waivers for Students Enrolled in Day School or Under Age 17
A. To facilitate student placement, school boards should establish local policy regarding who can approve the agreement rather than needing to bring it to a school board meeting.
2. Course Outlines: Decisions to offer courses should be based on review of syllabi that demonstrate courses are rigorous and based on researched based standards. In addition, curricula for academic, ESL and workforce courses should also be reviewed and kept on file.
PUBLIC HEARING: September 9, 2016, 11 a.m.-12 noon, Room 500 - Cross State Office Building – 5th Floor, 111 Sewall Street, Augusta, ME
COMMENT DEADLINE: October 14, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Gail Senese, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6755. E-mail: Gail.Senese@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY: Title 20 MRS ch. 308-A  2384 sub-part 1; Title 20-A MRS    8601 - 8609
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Jaci.Holmes@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 5.01, 5.03 – State Owned Wildlife Management Areas and Shooting Ranges
PROPOSED RULE NUMBER: 2016-P116
BRIEF SUMMARY: The Department is proposing to establish rules for Department-owned shooting ranges that will set clear expectations of behavior for the public, and provide a mechanism for law enforcement to respond to users that display disrespectful or potentially dangerous behavior at the ranges. Hours of operation, use of Range Safety Officers, minimum age limits and target specifications are included in the proposed rule. Ch. 5 language has also been amended to include references to shooting ranges on State Owned Wildlife Management areas.
A complete copy of the proposed rule can be obtained from the rule-making contact person listed below.
PUBLIC HEARINGS:
Brownfield: September 7, 2016 @ 6:30 p.m. - Brownfield Community Center, 90 Main Street
Hallowell: September 8, 2016 @ 6:30 p.m. – Camden National Bank Ice Vault, 203 Whitten Road
COMMENT DEADLINE: September 19, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. E-mail: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS    10104 & 12701
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw .

ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 41, Menhaden: 41.30(1), Menhaden Fishery Re-Opening
ADOPTED RULE NUMBER: 2016-138 (Emergency)
CONCISE SUMMARY: The Department of Marine Resources is reopening the 2016 episodic event fishery for menhaden as of August 15, 2016, at which time the remaining 2016 episodic event quota is estimated to be approximately 2.3 million lbs. Based on landings reports received, Maine DMR believed that the 2016 menhaden episodic event quota was being utilized more quickly than daily landings report indicated, and took steps to ensure it was not exceeded by closing the Maine episodic event fishery on August 5, 2016. However, actual landings were not as high as anticipated, and now Maine is reopening the episodic event fishery as there is biomass still available such that an episodic event fishery is necessary. DMR is implementing a requirement that all participating license holders must declare into the fishery no later than noon on August 18, 2016 in order to ensure reporting compliance, and declare a single carrier vessel for the duration of the fishery, as well as limiting fishing and landing days to three days per week (Tuesday 00:01 a.m. through Thursday 11:59 p.m.) with a 120,000 lb. weekly landing limit, all of which are necessary to prevent unusual damage or imminent depletion of the Atlantic menhaden resource. The Commissioner adopts this emergency rule-making under the authority provided by  6171-3 (A). This notice of agency emergency rule-making serves as the notice that the episodic event fishery is open.
EFFECTIVE DATE: August 15, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / 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 E-mail: DMR.rulemaking@maine.gov . DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  6171(3)(A)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: same
DMR WEBSITE: http://www.maine.gov/dmr/ .