October 19, 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. 115, Certification, Authorization and Approval of Education Personnel
PROPOSED RULE NUMBER: 2016-P164
BRIEF SUMMARY: Department has made refinements in the following manner:
Overarching concepts:
* Align with state statute
* Streamline the certifications to be easier for the field and easier to process on the state level
* Delete unnecessary or duplicative sections of the regulation
* Enhance the ability to use a streamlined Alternate Pathway by having an approved internship student teacher course done during employment in a district, as well as approved courses to allow the field to understand what is acceptable
Specific refinements:
* Conditionals will be for three years without yearly check ins to the Certification Office
* Have renewals occur at five years from date of initial approval, so the renewals will flow throughout the year, rather than summers.
* Administrative certificates – refine renewal and allow interstate reciprocity
* Delete the section on Substitute Personnel, allow the school administrative units to address the substitute needs of their SAUs.
* In Part II fine tune the certifications and endorsements to reflect current course needs.
* Added a new Mathematical Instructional Leader and Educator Effectiveness Coordinator certificates
* The refined certifications and endorsements will go into effect July 1, 2019.
PUBLIC HEARING: November 8, 2016 from 2-4 p.m. in room 500 of the Cross State Office Building , Augusta, Maine
COMMENT DEADLINE: November 28, 2016 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOE RULE-MAKING LIAISON: Jaci Holmes, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS  13011(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOE WEBSITE: http://www.maine.gov/doe/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting Seasons (Open and Closed Season - Eastport)
PROPOSED RULE NUMBER: 2016-P165
BRIEF SUMMARY: In accordance with Title 12 MRS  11402, the Commissioner of Inland Fisheries and Wildlife, in conjunction with the City of Eastport in Washington County, is proposing to conduct a special deer hunt during a specified 2-week period in December annually for a period of three years. Thirty permits will be available to qualified applicants each year authorizing the harvest of one antlerless deer. The City of Eastport will administer permit selection for city residents and nonresidents, approving specific hunting locations and compliance with city ordinances. Deer taken during this special hunt are in addition to the statewide bag limit. All other laws and rules relating to deer hunting shall apply. The permit from the Department to the City of Eastport will authorize restrictions to be placed on types of weapons, bag limits, season length and any other special conditions deemed necessary.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: November 18, 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  11402
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.94, Lobster Management Zones
PROPOSED RULE NUMBER: 2016-P166
BRIEF SUMMARY: This proposed rule makes clerical corrections to the Lobster Zone line boundaries, amends confusing language for greater clarity, and adds positions where Lobster Zone lines intersect with the Lobster Management Area 3 line.
PUBLIC HEARING: none scheduled
COMMENT DEADLINE: November 18, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Sarah Cotnoir. Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6596. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Sarah.Cotnoir@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  6446
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: same
AGENCY RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
AGENCY WEBSITE: http://www.maine.gov/dmr/ .
DMR RULE-MAKING LIAISON: Deirdre.Gilbert@Maine.gov .

ADOPTIONS

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01 (G. 1, 1.b., 4.) (O.), Upland Game and Furbearing Animals
ADOPTED RULE NUMBER: 2016-168
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted amendments to furbearer season dates and the open and closed areas for beaver trapping. In WMDs 15, 16, 20-26 and 29 the Department has set season dates to open the beaver trapping season on October 30 to align the start of the season with other furbearer seasons and provide an additional 2 weeks of opportunity. An additional week of bobcat hunting has also been adopted with a season of December 1 - February 21 each year. A tooth submission for bobcat, fisher, marten and otter will also be required when presenting the animal for registration which will enable the Department to collect improved biological data from these species. A complete copy of the adopted rule can be obtained from the rulemaking contact person listed below.
EFFECTIVE DATE: October 12, 2016
AGENCY CONTACT PERSON / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .

AGENCY: 03-201 - Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 11 (New), Policy and Procedure Manual – Adult and Juvenile: Subsection 2.12, Prisoner and Resident Accounts. (This subsection was previously in Ch. 10, Adult, and Ch. 12, Juvenile.)
ADOPTED RULE NUMBER: 2016-169
CONCISE SUMMARY: The Maine Department of Corrections has adopted a new rule to repeal and replace the existing rule governing Prisoner and Resident Accounts pursuant to 34-A MRS  3039. The rule was adopted to make it consistent with federal statutes that do not allow a person to open a bank account for another person which was allowed in the previous rule, and limits what Veterans Administration benefit checks maybe used for as obligations. Other changes include stipulating the amount of time check(s) must be held prior to posting the check(s) to a prisoner’s or resident’s account; clarifying the disposition of a prisoner’s or resident’s account when he or she is released, transferred or dies; and other updates to reflect generally accepted accounting principles.
EFFECTIVE DATE: October 12, 2016
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 .
DOC WEBSITE: http://www.maine.gov/corrections/ .

AGENCY: 03-201 - Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 11, Policy and Procedure Manual – Adult and Juvenile: Subsection 18.19.1, Use of Mechanical Restraints on a Pregnant Prisoner or Pregnant Resident
ADOPTED RULE NUMBER: 2016-170
CONCISE SUMMARY: The Maine Department of Corrections has adopted a new rule, “Use of Mechanical Restraints on a Pregnant Prisoner or Pregnant Resident”, pursuant to Title 34-A MRS    3101, 3102, 3103 and 3104, that requires that the Maine Department of Corrections adopt a rule placing restrictions on the use of mechanical restraints on pregnant prisoners or juveniles who are in the custody of the Maine Department of Corrections.
The rule will require that mechanical restraints on pregnant prisoners or juveniles shall not be used on a pregnant prisoner or juvenile unless there are extraordinary circumstances determined by the Chief Administrative Officer, or designee, and that female prisoners and residents be informed about the law.
EFFECTIVE DATE: October 12, 2016
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 .
DOC WEBSITE: http://www.maine.gov/corrections/ .

AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 23 (Repeal), Collection of Staff Information
ADOPTED RULE NUMBER: 2016-171
CONCISE SUMMARY: The Department is repealing the original regulation of 1979. There is no legal basis for this regulation.
EFFECTIVE DATE: October 18, 2016
AGENCY CONTACT PERSON / DOE RULE-MAKING LIAISON: Jaci Holmes, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
DOE WEBSITE: http://www.maine.gov/doe/ .

AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 41 (New), Offering Instruction Related to Cardiopulmonary Resuscitation, and the Use of an Automated Defibrillator in Maine Public Schools
ADOPTED RULE NUMBER: 2016-172
CONCISE SUMMARY: This rule requires public schools to offer training to students on how to perform cardiopulmonary resuscitation and use automated external defibrillators. The rules must be designed to ensure that the training requirements can be met without public schools being required to expand or modify its activity so as to necessitate additional expenditures from local revenues.
EFFECTIVE DATE: October 18, 2016
AGENCY CONTACT PERSON / DOE RULE-MAKING LIAISON: Jaci Holmes, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
DOE WEBSITE: http://www.maine.gov/doe/ .