February 1, 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: 01-017 – Department of Agriculture, Conservation and Forestry (DACF), Maine State Harness Racing Commission
CHAPTER NUMBERS AND TITLES:
Ch. 9, Sire Stakes
Ch. 11, Medication and Testing
Ch. 17, Rule Violations; Penalties
PROPOSED RULE NUMBERS: 2017-P012, P013, P014
BRIEF SUMMARY:
Ch. 9 – The proposed amendment would prohibit trailers (horses starting in second tier) in Sire Stakes Races.
Ch. 11 – The proposed amendments would clarify the standards and expectations covering the administration of therapeutic substances to race horses and synchronize the classification of substances between Ch. 11 and Ch. 17.
Ch. 17 – The proposed amendments would eliminate the requirement to consider mitigating circumstances for violations of prohibited substances requirements, would clarify how repeated offenses are calculated and would allow for the suspension of horses for certain violations.
PUBLIC HEARING: 9:00 a.m. on February 24, 2017 at Gambling Control Board Conference Room, Department of Public Safety, 45 Commerce Drive, Augusta, Maine
COMMENT DEADLINE: 5:00 p.m. on March 6, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / COMMISSION RULE-MAKING LIAISON: Henry Jennings, Harness Racing, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-7543. E-mail: Henry.Jennings@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 8 MRS  § § 263-A, 268, 279-A, 279-B, 281
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
HARNESS RACING WEBSITE: http://www.maine.gov/dacf/harnessracing/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@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 #03-17
PROPOSED RULE NUMBER: 2017-P015
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: February 23, 2017, Thursday, starting at 4 p.m., Room 332, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: February 23, 2017
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: 01-001 - Department of Agriculture, Conservation & Forestry (DACF) (with the Maine Milk Commission - MMC)
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool Cost of Administration
PROPOSED RULE NUMBER: 2017-P016
CONCISE SUMMARY: The principal reason for this rule-making is to amend the cost of administering the Maine Milk Pool. Costs incurred for the Maine Milk Pool for personnel services and for operation was approximately $60,000 in 2016. Based on the last twelve months expenses, it is estimated that the Pool costs for similar expenses for 2017 will be approximately $60,000.
The total pounds in the Pool for the last twelve months (December 2015 - November 2016) were approximately 622,132,348. It is estimated that the total pounds in the Pool for 2016 will be approximately the same.
Based on the above projected costs and pounds the Pool Administrator proposes to set the rate per hundredweight of milk for the cost of administering the Pool for calendar year 2017 at $0.01/cwt. This represents no change from 2016.
PUBLIC HEARING: February 27, 2017, Tuesday, starting at 9:30 a.m., Room 332, Department of Agriculture Conservation and Forestry, Marquardt Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: March 10, 2017
AGENCY CONTACT PERSON / 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 .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRS  §3154(2)
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF WEBSITE: http://www.maine.gov/dacf/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 94-457 - Finance Authority of Maine (FAME)
PROPOSED RULE NUMBER: 2017-P017
CHAPTER NUMBER AND TITLE: Ch. 101, Loan Insurance Program
BRIEF SUMMARY: The Amendment changes the maximum amount of leveraged loan insurance that the Authority can provide to one Borrower from $1 million to $2.5 million, and makes other changes to conform to contingent statute changes made by PL 2015 ch. 38  §1.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: March 3, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / FAME RULE-MAKING LIAISON: Christopher H. Roney, FAME, P.O. Box 949, Augusta, ME 04332. Telephone: (207) 623-3263. Fax: (207) 623-0095. TTY or TD: (207) 626-2717. E-mail: croney@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None expected.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS  § § 969-A(14), 1026-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FAME WEBSITE: www.famemaine.com .

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 #02-17
ADOPTED RULE NUMBER: 2017-007 (Emergency)
CONCISE SUMMARY: Minimum February 2017 Class I price is $19.98/cwt. plus $1.53/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $24.64/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: January 29, 2017
AGENCY CONTACT PERSON / 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 .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.08, Targeted Scallop Conservation Closures: (1) Muscle Ridge, (13) Chandler Bay / Head Harbor, (14) Inner Cranberry Isle Area
ADOPTED RULE NUMBER: 2017-008 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of conservation closures located in Muscle Ridge, Jonesport Area and Cranberry Isle Area in order to protect Maine's scallop resource as authorized by 12 MRS  §6171(3) due to the risk of imminent depletion and unusual damage. Based on direct input from Marine Patrol and independent industry participants as well as observations made through the Department's monitoring programs, the level of fishing effort in these areas during the fishing season has likely exceeded the 30% removal target that ensures the fishery continues to rebuild. In addition, high concentrations of sublegal scallops in both the Muscle Ridge and Inner Cranberry Isle Area require protection from incidental mortality caused by drag gear; however, due to the negligible impacts divers have during hand harvest to sublegal product, diving in these two areas will be allowed to continue. The Department is concerned that unrestricted harvest during the remainder of the 2016-2017 fishing season in these specific areas may damage sublegal scallops that could be caught during subsequent fishing seasons, as well as reducing broodstock essential to a recovery. In addition, there is a clarification in this rule-making to the Hussey Sound/Chandler Bay targeted closure to reflect that it is open to divers for continued harvest
EFFECTIVE DATE: January 22, 2017
AGENCY CONTACT PERSON: Trish Cheney, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6554. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: Trisha.Cheney@Maine.gov .
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULE-MAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 607, ASPIRE-TANF Program Manual, ASPIRE Policy #23A (Clarify and Correct)
ADOPTED RULE NUMBER: 2017-009
CONCISE SUMMARY: This rule clarifies and corrects the ASPIRE-TANF Program rules. Overall, changes encourage work and training participation by removing discretionary language that hinders success. For example, the rule strengthens job search requirements to include a more robust expectation of job search activities and follow up, which the Department or its designee will monitor. Participants in paid job training will now be required to accept employment offers of minimum wage and up, which will in turn open up paid job training opportunities for other unemployed participants. Additional changes include, but are not limited to, removing obsolete law and outdated procedures; adopting good cause exemptions in TANF manual; updating notification practices; removing references to postal mail; and clearly defining procedures for seeking payment of support services. Changes were made to the final rule, which are described in detail in the Summary of Comments and Responses and List of Changes to Final Rule.
EFFECTIVE DATE: February 6, 2017
AGENCY CONTACT PERSON: Liz Ray, TANF-ASPIRE Senior Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4107. TTY: 711 (Maine Relay). E-mail: Liz.Ray@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .