December 14, 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: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 8, Regulations Relating to Advanced Practice Registered Nursing
PROPOSED RULE NUMBER: 2016-P190
BRIEF SUMMARY: The proposed rule changes clarify the current scope of practice of the certified nurse-mid wife and the contact hours for advanced practice registered nurses who prescribe opioids.
PUBLIC HEARING: None
COMMENT DEADLINE: January 14, 2017
CONTACT PERSON FOR THIS FILNG / SMALL BUSINESS INFORMATION / BOARD RULE-MAKING LIAISON: Virginia E. deLorimier, MSN, RN, Assistant Executive Director - Maine State Board of Nursing, 158 State House Station,161 Capitol Street, Augusta, ME 04333-0158. Telephone: (207) 287-1133. Fax: (207) 287-1149. E-mail: Virginia.E.deLormier@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  § § 2102(2-A), 2153-A(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: http://www.maine.gov/boardofnursing/ .

AGENCY: 18-125 – Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services - MRS)
CHAPTER NUMBER AND TITLE: Ch. 805, Composite Filing
PROPOSED RULE NUMBER: 2016-P191
BRIEF SUMMARY: MRS Rule 805 establishes procedures for filing of composite returns of income by partnerships, estates, trusts, and S corporations on behalf of partners, beneficiaries, or shareholders. In addition to technical, non-substantive changes, the rule is being revised to reflect the decrease in the individual income tax rate as established in 36 MRS  §5111 (1-E) for tax years beginning in 2016.
PUBLIC HEARING: N/A
COMMENT DEADLINE: January 13, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Heather O. Popadak, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9999. E-mail: Heather.O.Popadak@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS  § § 112, 5192(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

AGENCY: 18-125 – Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services - MRS)
CHAPTER NUMBER AND TITLE: Ch. 806, Nonresident Individual Income Tax
PROPOSED RULE NUMBER: 2016-P192
BRIEF SUMMARY: MRS is proposing to amend Rule 806 ("Nonresident Individual Income Tax'} Rule 806, last amended in 2012, provides comprehensive definitions and explanations of statutory terms and procedures for nonresident individual income tax filers. The rule is edited to include minor formatting changes to be consistent with other Bureau of Revenue Services Rules and to update references to M.R.S.A. and MRSA to M.R.S. New section .03(G) is added to reflect that compensation or income earned by nonresident taxpayers that is directly related to a declared state disaster or emergency is exempt from Maine tax if the taxpayer's only presence in Maine is for the sole purpose of providing disaster relief. The remaining provisions are renumbered accordingly. The application date of the amended rule is changed to accommodate the effective date of the exemption of disaster relief income. A copy of the proposed rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
PUBLIC HEARING: none scheduled
COMMENT DEADLINE: January 13, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Heather O. Popadak, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9999. E-mail: Heather.O.Popadak@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS  § § 112, 5142(8-B)(D)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

AGENCY: 18-125 – Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services - MRS)
CHAPTER NUMBER AND TITLE: Ch. 807, Residency
PROPOSED RULE NUMBER: 2016-P193
BRIEF SUMMARY: MRS is proposing to amend Rule 807 ("Residency"). Rule 807, last amended in 2012, explains standards for determining Maine residency for income tax purposes. The following changes are being made to the proposed rule. Section .08 is reformatted, clarifies that military pay earned by a Maine resident service member for active duty service performed outside Maine under written military orders is not taxed in Maine and makes a technical change to correct an erroneous reference. A copy of the proposed rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
PUBLIC HEARING: none scheduled
COMMENT DEADLINE: January 13, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Heather O. Popadak, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9999. E-mail: Heather.O.Popadak@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS  § § 112, 5122(2)(LL)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

ADOPTIONS

AGENCIES:
02-373 - Board of Licensure in Medicine, jointly with
02-383 - Board of Osteopathic Licensure
(Both boards are affiliated with the Department of Professional and Financial Regulation – PFR)
CHAPTER NUMBER AND TITLE: Ch. 6 (New), Telemedicine Standards of Practice
ADOPTED RULE NUMBERS: 2016-209, 210
CONCISE SUMMARY In this rule-making, the Board of Licensure in Medicine and the Board of Osteopathic Licensure adopted a joint rule to establish standards for the practice of medicine using telemedicine in providing healthcare.
EFFECTIVE DATE: December 10, 2016
AGENCY CONTACT PERSONS:
Medicine: Dennis E. Smith, Executive Director, Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333-0137. Telephone: (207) 287-3605. Email: Dennis.E.Smith@Maine.gov . Website: http://www.maine.gov/md/ .
Osteopathic: Susan E. Strout, Executive Secretary, Board of Osteopathic Licensure, 142 State House Station, Augusta, ME 04333-0142. Telephone: (207) 287-2480. Email: Susan.E.Strout@Maine.gov . Website: http://www.maine.gov/osteo/ .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 221, Adult Education Administrative Costs Reimbursement
ADOPTED RULE NUMBER: 2016-211
CONCISE 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
EFFECTIVE DATE: December 11, 2016
AGENCY CONTACT PERSON: Gail Senese, Maine Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6755. E-mail: Gail.Senese@Maine.gov .
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
ADOPTED RULE NUMBER: 2016-212
CONCISE 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.
EFFECTIVE DATE: December 11, 2016
AGENCY CONTACT PERSON: Gail Senese, Maine Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6755. E-mail: Gail.Senese@Maine.gov .
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Jaci.Holmes@Maine.gov .

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing - MSHA)
CHAPTER NUMBER AND TITLE: Ch. 33, Home Modification Tax Credit Rule
ADOPTED RULE NUMBER: 2016-213
CONCISE SUMMARY: Under a new law individual taxpayers whose income does not exceed $55,000 may receive an income tax credit up to $9,000 for expenses incurred for modifications to make their home accessible to an individual with a disability who lives or will live in the home. This rule sets forth the types of home modification expenditures that qualify for the credit, the building standards applicable to the modifications, and the process Maine State Housing Authority will use to determine that a taxpayer's expenditures qualify for the credit.
EFFECTIVE DATE: December 11, 2016
AGENCY CONTACT PERSON / MSHA RULE-MAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4600, (800) 452-4668 (voice in state only), or Maine Relay 711. Email: LUhl@MaineHousing.org .
MSHA WEBSITE: http://www.mainehousing.org/ .

AGENCY: 02-041 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Barbering and Cosmetology Licensing Program
CHAPTER NUMBERS AND TITLES:
Ch. 20, Definitions and References
Ch. 21, Licensure of Aestheticians, Barbers, Cosmetologists, Limited Barbers and Nail Technologists
Ch. 22, Licensure of Demonstrators
Ch. 23, Trainee Aesthetician, Barber, Cosmetologist, Limited Barber and Nail Technologist
Ch. 24, Licensure of Instructors
Ch. 25, Licensure of Establishments And Independent Booths
Ch. 26, Establishment, Independent Booth and School Operation, Sanitation and Infection Control Standards, and Safe Practice Procedures
Ch. 27, Rules for Licensure and Operation of Schools Offering One or More Courses of Study in Aesthetics, Barbering, Cosmetology, Limited Barbering, Nail Technology, and Instructing: sub-ch. 1, Definitions; sub-ch. 2, Application and Licensing; sub-ch. 3, School Operation, Course of Study, Health, Sanitation and Safety
Ch. 28, Special Event Services Permit
Ch. 29, Grounds For Discipline
Ch. 30, Citations
ADOPTED RULE NUMBERS: 2016-214 thru 224
CONCISE SUMMARY: To reflect statutory changes implemented by PL 2009 c. 369, which notably eliminated the Board of Barbering and Cosmetology and created the Barbering and Cosmetology Licensing Program administered by the Director of the Office of Professional and Occupational Regulation, as well as PL 2011 c. 286.
EFFECTIVE DATE: December 11, 2016
AGENCY CONTACT PERSON: Geraldine Betts, Administrator, Office of Professional and Occupational Regulation, Barbering and Cosmetology Licensing Program, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8625. E-mail: Geraldine.L.Betts@Maine.gov .
PROGRAM WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/barbers/index.html .
OPOR RULE-MAKING LIAISON: Anne.L.Head@Maine.gov .