January 18, 2017

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: 02-313 - Maine Board of Dental Practice (affiliated with the Department of Professional and Financial Regulation - PFR)
CHAPTER NUMBER AND TITLE: Ch. 14, Rules for Use of Sedation and General Anesthesia
PROPOSED RULE NUMBER: 2017-P003
BRIEF SUMMARY: This effort is a complete repeal and replace of the existing Board rule and proposes changes as follows:
* Eliminates site permits.
* Eliminates temporary permits.
* Eliminates a board-required inspection prior to issuing permits.
* Eliminates the anesthesia committee.
* Identifies a new permit type to be issued to qualifying dentists such that they can provide itinerate dental sedation and/or general anesthesia services.
* Identifies the dentist’s responsibilities when either providing the sedation services or when utilizing a sedation provider (e.g. patient monitoring, equipment, drugs, documentation, certifications, and personnel requirements.
* Requires dentist applicants to self-certify compliance with the sedation rule upon application to the Board.
* Requires 14 day notification to the Board prior to providing services as sedation provider licensed by the Board.
* Permit issued by the Board to transition to a two year permit to align with the dentist licensure cycle.
PUBLIC HEARING: February 10, 2017 at 1:00 p.m., Maine Board of Dental Practice – Conference Room, 161 Capitol Street, Augusta, ME
COMMENT DEADLINE: March 13, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / BOARD RULE-MAKING LIAISON: Penny Vaillancourt, Executive Director, 143 State House Station, Augusta, ME 04333. Telephone: (207) 287-3333. Fax: (207) 287-8140. TTY 711. E-mail: Penny.Vaillancourt@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS    18324, 18379
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITE: http://www.maine.gov/dental/ .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program Certification Manual, FS Rule #195P: Disqualified Members, Work Registration, and Child Support Orders:
FS-1, Introduction
FS-111-1, Household Concept
FS-111-5, Work registration
FS-111-7, ABAWD Work Requirements (Good Cause)
FS-111-8, Disqualification for Child Support Noncompliance
FS-444-4, Disqualified Members
FS-444-7, Students
FS-444-11, Non-Compliance with Federal, State or Local Welfare Assistance Programs
FS-555-7, Budget Worksheet
FS-666-5, Transitional Food Assistance
FS-666-8, Certified Households
FS-999-1, Definitions
PROPOSED RULE NUMBER: 2017-P004
BRIEF SUMMARY: This rule proposes numerous changes to the Food Supplement Manual. There are changes to the treatment of resources and deductions of disqualified household members and new policies that require mandatory work registrants to register with the Department of Labor, require compliance with child support orders, establish good cause for ABAWD noncompliance, and limit eligibility for the transitional food assistance program. Other changes include adding the federally required non-discrimination statement, administrative updates, and removal of outdated references. The Department added the federal definition of “fleeing felon” to the definitions section. The proposed rule pages include changes that are unrelated to policy, such as page formatting and updating references to other programs and citations of law. A chart indicating changes and additions, organized by section and page number, is included with this Memo. Below is a summary of the policy changes to each Section.
Changes to Section FS-1
A new non-discrimination statement is added to comply with federal requirements to update the policy currently in place.
Changes to Section FS-111 (three new polices)
Work Requirements - The rule proposes a new requirement to register with the Maine Job Bank and maintain an active registry for members subject to work. The Job Bank is an online job search and posting service operated by the Maine Department of Labor. Members subject to the new requirement will complete an active registration or face disqualification provisions. This rule removes the current policy that requires the Department to enroll participants with the Department of Labor and places the responsibility on the participant. The purpose is to increase member exposure to available employment and assist members in finding employment. The rule also proposes to eliminate the participation exemptions associated with childcare cost and “impracticality.”
Good Cause – The rule proposes federally required “good cause” exemptions for ABAWD noncompliance in Section FS-111-7. Good Cause exemptions are temporary and may include illness, illness of another household member, a household emergency, or the unavailability of transportation. Good Cause is not to take the place of an exemption for ongoing or reoccurring issues. When Good Cause applies, the participant will be considered to have met the work requirement for the time period, and therefore, noncompliance will not count against time limits.
Child Support Orders – The proposed rule implements a federal option to require that non-custodial parents with a child support order comply therewith to be eligible for benefits. (Section 111-8, Cooperation with Child Support Orders). Good cause for non-compliance is an exception to the rule, including working with the Department of Support Enforcement Recovery.
Changes to Section FS-444 (Disqualified Members)
This proposed rule makes several changes to the treatment of income, assets, and deductions for disqualified household members. First, it elects a federal option to count all of the income of ineligible noncitizens as available to the remaining, eligible household members, whereas the current rule counts only a pro rata share of the income. Second, the rule brings the treatment of assets, income, and deductions for other disqualified members (such as ABAWDs) into compliance with the federal requirements. Third, to reflect sanctions associated with new policies proposed in section 111, the rule adds child-support noncompliance and work registration noncompliance to the list of possible disqualifications.
Change to Section FS-555-7
The rule corrects typos by replacing daily percentages for 29 and 31 day months, respectively.
Change to Section FS-666-5
The proposed rule removes the following TANF case closure reasons as cases eligible for TFA, in order to align the rule with the purpose of providing transitional food assistance to former TANF recipients who have gone to work: assets over limits, no eligible child in the home, voluntary withdrawals, and lump sum payments.
Changes to Section FS-666-8
The reporting requirement changed in January 2016, from simplified reporting to change reporting. The changes to this section remove the old policy referencing simplified reporting.
Section FS-999 (Definitions)
A definition for fleeing felon is proposed based on federal requirements and the Department’s election to use the Martinez settlement definition.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: No hearing.
COMMENT DEADLINE: February 17, 2017 at 11:59 p.m.
CONTACT PERSON FOR THIS FILING: Marta Noriega, 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@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None known.
FINANCIAL IMPACT ON STATE: The benefit impact on members in unknown. The cost to the state is minimal and limited to changes in ACES and staff training to effectuate the new policies, which are already included in the yearly budget.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS    42(1), 3104; 7 CFR    272.1, 272.6, 272.8(a), 273.4, 273.7, 273.11, 273.18, 273.24
OFI RULES WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
OFI RULE-MAKING LIAISON: Daniel.H.Cohen@Maine.gov .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 7, Rules for the Suspension of Licenses for Failure to Comply With Child Support Orders
PROPOSED RULE NUMBER: 2017-P005
BRIEF SUMMARY: The primary purposes of these rules are to implement the provisions of 19-A MRS  2202 and 29-A MRS    2459 and 2459-A which require the Secretary of State to suspend the driver's permits and licenses of individuals whom the Commissioner of Human Services or the Penobscot Nation certifies are not in compliance with child support orders. The rules establish license suspension and restoration requirements and set conditions for the issuance of temporary driver's licenses.
DETAILED SUMMARY:
Section 1 recites the primary purpose of these rules.
Section 2 amends significant terms and phrases.
Section 3 defines what type of license is affected by these rules and why.
Section 4 directs the Secretary of State to suspend a driver's license upon request of the Commissioner of Health and Human Resources or the Penobscot Nation for non-compliance with a child support order.
Section 5 directs the Secretary of State to reinstate a driver's license upon request of the Commissioner of Health and Human Resources or the Penobscot Nation for non-compliance with a child support order.
Section 6 describes process for determination of issuance of a temporary license.
PUBLIC HEARING: February 7, 2017, 10:00 a.m. - 11:00 a.m., Bureau of Motor Vehicles - 1st Floor Hearings Room, 101 Hospital Street, Augusta, ME 04333.
COMMENT DEADLINE: February 17, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Linda Grant, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone (207) 624-9051. Fax: (207) 624-9295. TTY Use Maine relay 711. E-mail: Linda.Grant@Maine.gov .
FINANCIAL IMP ACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS  153
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BMV WEBSITE: www.maine.gov/sos/bmv
BMV RULE-MAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCY: 10-148 - Department of Health and Human Services (DHHS), Office of Child and Family Services (OCFS)
CHAPTER NUMBER AND TITLE: Ch. 21, Rules for the Provision of Room and Board Payments for Residential Programs Serving Children
PROPOSED RULE NUMBER: 2017-P006
BRIEF SUMMARY: These rules are established to ensure that there is a provision for reimbursement at a standard rate within the available funds and to ensure that the payments are reasonable and consistently applied to like programs while meeting the needs of children in the facility. It is the authority of the Department of Health and Human Services to accept and administer funds that may be available from state and federal sources for the provision of residential services contained in Title 22 MRS    4004 and 4062.
PUBLIC HEARING: There will be no hearing.
COMMENT DEADLINE: February 17, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Debra White, Hearings and Appeals Unit, Office of Child and Family Services, 11 State House Station (2 Anthony Avenue), Augusta, ME 04333-0011. Telephone: (207) 624-7968. E-mail: Debra.White@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: PL 2011 ch. 380 Part VVV-1; 22 MRS    3174-Z, 3173, 4004, 4062
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OCFS WEBSITE: http://www.maine.gov/dhhs/ocfs/
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 8, Endangered Species
PROPOSED RULE NUMBER: 2017-P007
BRIEF SUMMARY: In accordance with Title 12 MRS    12804(3) and 12808-A, the Department is proposing to amend Ch. 8 rules to provide protection guidelines and exemptions for certain activities as they relate to bat species protected under the Maine Endangered Species Act (MESA). A complete copy of the proposed rule is available from the agency rule-making contact person listed below.
PUBLIC HEARING: February 6, 2017 @ 6:00 p.m. – Augusta Armory, Room 209B, 179 Western Avenue, Augusta
COMMENT DEADLINE: February 16, 2017
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    12808-A & 12804
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw/ .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, MC Rule #285P, State Supplement (EBT): Part 11, State Supplement (EBT)
PROPOSED RULE NUMBER: 2017-P008
BRIEF SUMMARY: This rule will ensure that State Supplement benefits placed onto an Electronic Benefits Transfer (EBT) card are subject to the same restrictions on allowable purchases as Temporary Assistance for Needy Families (TANF) cash benefits expended using an EBT card as described in 22 MRS  3763(11).
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: None
COMMENT DEADLINE: February 17, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: 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 anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS    42(1), 3173, 3274, 3763(11); 42 USCS  1382g
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: 01-001 - Department of Agriculture, Conservation & Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 273, Criteria for Listing Invasive Terrestrial Plants
ADOPTEDRULENUMBER: 2017-003
CONCISE SUMMARY: This chapter establishes criteria to be used in evaluating non-native terrestrial invasive plants that could have adverse impacts on the Maine landscape. It also establishes the list of plants that are evaluated and meet the criteria and the restrictions on the distribution and sale of those plants.
EFFECTIVE DATE: January 14, 2017
AGENCY CONTACT PERSON: Gary Fish, DACF, Division of Animal and plant Health, Horticulture Program, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-7545. Fax: (207) 624-5020. TTY: Maine Relay 711. E-mail: Gary.Fish@Maine.gov .
DACF WEBSITE: http://www.maine.gov/dacf/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .