December 7, 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: 02-288 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Maine State Board for Licensure of Architects, Landscape Architects and Interior Designers
CHAPTER NUMBERS AND TITLES: Ch. 12, Licensure of Architects; Ch. 15, Application for Licensure; Ch. 19, Incorporation by Reference
PROPOSED RULE NUMBERS: 2016-P168, P169, P170 (Comment deadline extension)
BRIEF SUMMARY: This proposal concerning amendments to Ch. 12, 15 and 19 of the rules for the Board for Licensure of Architects, Landscape Architects and Interior Designers was initially published on November 2, 2016. The comment deadline is extended to January 25, 2017.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: January 25, 2017.
CONTACT PERSON FOR THIS FILING: Karen Bivins, Board Administrator, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8524. TTY users call Maine Relay 711. E-mail: Karen.L.Bivins@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  § § 214(1), 220(1)(B), 220(2)(B), 220-B(2) and (3); PL 2015 c. 414  §1 (amending 32 MRS  §220(1)(B))
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: www.maine.gov/professionallicensing .
OPOR RULE-MAKING LIAISON: Anne.L.Head@Maine.gov .

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #01-17
PROPOSED RULE NUMBER: 2016-P188
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS  §2954
PUBLIC HEARING: December 22, 2016, Thursday, starting at 10:30 a.m., Room 329, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: December 22, 2016
CONTACT PERSON FOR THIS FILING / 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 .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS  §8054; 7 MRS  §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 18-553 – Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 3, On Premise Data Collection Cost Mitigation Stipend
PROPOSED RULE NUMBER: 2016-P189
BRIEF SUMMARY: This new rule establishes the process for a one-time stipend to be paid by the Bureau to agency liquor stores licensed as reselling agents as of July, 1, 2016, for mitigating the cost of providing on-premise sales data to the Bureau from agency liquor stores which were licensed as reselling agents as of July 1, 2016.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
PUBLIC HEARING: No Public Hearing
COMMENT DEADLINE: January 16, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / BABLO RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Stakeholder meetings during the legislative process, National Alcohol Beverage Control Association (the Bureau’s spirits trade association) and professional judgment.
STATUTORY AUTHORITY FOR THIS RULE: 28-A MRS  §83-A; 28-A MRS  §606 sub- §4-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BABLO WEBSITE: http://www.maine.gov/dafs/bureaus/bablo/index.html .
DAFS RULE-MAKING LIAISON: Robert.Weaver@Maine.gov .

ADOPTIONS

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #12-16
ADOPTED RULE NUMBER: 2016-204 (Emergency)
CONCISE SUMMARY: Minimum December 2016 Class I price is $20.13/cwt. plus $1.58/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.93/cwt. handling fee for a total of $23.24/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/index.shtml .
EFFECTIVE DATE: December 4, 2016
CONTACT PERSON FOR THIS FILING / 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 .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting Seasons; I., Open and Closed Season; 8., City of Eastport…
ADOPTED RULE NUMBER: 2016-205
CONCISE SUMMARY: In accordance with 12 MRS  §11402, the Commissioner of Inland Fisheries and Wildlife, in conjunction with the City of Eastport in Washington County, has adopted a rule to conduct a special deer hunt during a specified 2-week period in December, 2016. Thirty permits will be available to qualified applicants authorizing the harvest of one antlerless deer. The City of Eastport will administer permit selection for city residents and non-residents, approve specific hunting locations and comply 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.
A complete copy of the rule can be obtained from the rule-making contact person listed below.
EFFECTIVE DATE: December 3, 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 .
IFW WEBSITE: http://www.maine.gov/ifw/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 5, State Owned Wildlife Management Areas and Shooting Ranges
ADOPTED RULE NUMBER: 2016-206
CONCISE SUMMARY: The Department has established rules for Department-owned shooting ranges that 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 rule can be obtained from the rule-making contact person listed below.
EFFECTIVE DATE: December 3, 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 .
IFW WEBSITE: http://www.maine.gov/ifw/ .

AGENCY: 18-553 - Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 20, Powerball Rules
ADOPTED RULE NUMBER: 2016-207
CONCISE SUMMARY: This amendment updates the existing rules governing the jackpot draw game Powerball. This amendment makes technical changes on procedures dealing with payment of pari-mutuel prizes. This amendment also makes other non-technical changes to clarify language, fix cross references and fix typographical errors. The changes do not impact the way the game is played by consumers or sold by lottery retailers.
EFFECTIVE DATE: October 19, 2016
AGENCY CONTACT PERSON / BABLO RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .

AGENCY: 18-553 - Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 40, Mega Millions Rules
ADOPTED RULE NUMBER: 2016-208
CONCISE SUMMARY: This amendment updates the existing rules governing the jackpot draw game Mega Millions. This amendment makes numerous technical changes including adding definitions, clarifying definition, establishing new prize reserve accounts and establishing procedures dealing with payment prizes generally. This amendment also makes other non-technical changes to clarify language, fix cross references and fix typographical errors. The changes do not impact the way the game is played by consumers or sold by lottery retailers.
EFFECTIVE DATE: December 5, 2016
AGENCY CONTACT PERSON / BABLO RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/