June 14, 2017

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking 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 rulemaking liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 02-373 - Board of Licensure in Medicine
CHAPTER NUMBER AND TITLE: Ch. 1, Rule Regarding Physicians
PROPOSED RULE NUMBER: 2017-P071
BRIEF SUMMARY: The Board of Licensure in Medicine proposes to repeal and replace a rule regarding physicians. The proposed rule: establishes the process and requirements for medical licensure or registration; establishes licensing fees; sets the continuing medical education requirements for renewal of license; imposes notification requirements upon the occurrence of certain events; authorizes staff to issue citations in lieu of formal disciplinary action for certain actions; and establishes the duties of the Secretary of the Board.
PUBLIC HEARING: None planned. Requests to hold a public hearing by any interested person may be submitted in writing to the identified agency contact person.
COMMENT DEADLINE: Friday, July 14, 2017 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Dennis E. Smith, Executive Director, Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333-0137. Telephone: (207) 287-3605. Fax: (207) 287-6590. E-mail: Dennis.Smith@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  § § 3266, 3269, 3271, 3276-3278, 3280-A, 3300-D; 10 MRS  § § 8003(5)(C), 8003-E, 8011(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: www.maine.gov/md .
BOARD RULE-MAKING LIAISON: Maureen.S.Lathrop@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Support Enforcement and Recovery (DSER)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual: Ch. 2, Definitions
PROPOSED RULE NUMBER: 2017-P072
BRIEF SUMMARY: The Flexibility, Efficiency and Modernization in Child Support Enforcement Programs final rule was published by the Federal government on December 20, 2016. Several provisions in the new regulation necessitate changes to the Maine Child Support Enforcement Manual (“Manual”) in order to remain in compliance with the State Plan for Child Support Enforcement. This rulemaking brings the Manual up to date with these changes. This rulemaking will update the definition of Medical Support to include public assistance, and adds a definition for “Payee,” which includes the designation of a conservator as required by the Federal Regulation.
PUBLIC HEARING: N/A
COMMENT DEADLINE: July 14, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tracy Quadro Arietti, Staff Counsel, 11 State House Station, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-6983. Fax: (207) 287-6883. TTY: 711 Maine Relay. E-mail: Tracy.Quadro@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS  §42(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 81 Fed. Reg. 93492
DSER WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 03-201 - Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 11, Use of Mechanical Restraints on a Pregnant Prisoner or Pregnant Resident
ADOPTED RULE NUMBER: 2017-086
CONCISE SUMMARY: The replacement rule permanently adopts the emergency rule that the Maine Department of Corrections adopted on 4/13/2017. The rule allows the Chief Administrative Officer, or designee, to determine whether a security supervisor needs to be present during the transport of a pregnant prisoner or resident or if other security staff is appropriate. Regardless of whether a security supervisor is present or not, the use of mechanical restraints will still require a decision by a security supervisor.
EFFECTIVE DATE: June 12, 2017
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: 12-170 - Department of Labor (DOL), Bureau of Labor Standards (BLS)
CHAPTER NUMBER AND TITLE: Ch. 10, Rules Governing Employment Leave for Victims of Violence
ADOPTED RULE NUMBER: 2017-087
CONCISE SUMMARY: The rule amendment reflects the changes identified in PL 2015 c. 343 Pt. A  §1 by increasing the fine the Department of Labor may assess upon an employer from up to $200 per violation to up to $1,000 per violation. It also provides that, for denial of leave in violation of the law, the employer must pay the affected individual an amount three times the total assessed fines. And for termination in connection with exercising a right granted under the law, the affected individual may choose either to receive an amount three times the total assessed fines or reemployment with the employer with back wages.
EFFECTIVE DATE: June 12, 2017
AGENCY CONTACT PERSON / DOL RULEMAKING LIAISON: Jeanne St. Pierre, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. E-mail: Jeanne.StPierre@Maine.gov .
BLS WEBSITE: http://www.maine.gov/labor/bls/ .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 41, Menhaden: 41.05, Territorial Waters Trawl Prohibition; 41.30, Menhaden Program (Episodic Event Fishery)
ACOPTED RULE NUMBER: 2017-088 (Emergency)
CONCISE SUMMARY: As provided by Technical Addendum 1 to Amendment 2 of the Interstate Fisheries Management Plan for Atlantic Menhaden, Maine is implementing the requirements necessary to provide for an episodic event fishery for Atlantic menhaden. Maine DMR is aware that the allocated state quota for menhaden has been met, and there is biomass still available such that an episodic event fishery is necessary. Requirements for executing an episodic event fishery include: daily trip level reporting for all harvesters, menhaden harvested in state waters to be landed in Maine, and limiting daily harvests and landings to 120,000 pounds/vessel. Weekly landings are limited to no more than 160,000 pounds/vessel. Landings are allowed only from 00:01 a.m. on Monday and 11:59 p.m. Thursday each week. These effort controls are necessary to prevent unusual damage or imminent depletion of the Atlantic menhaden resource. The Commissioner adopts this emergency rule-making under the authority provided by  §6171-3(A) and (C). This notice of agency emergency rulemaking serves as the notice that the episodic event fishery is open.
EFFECTIVE DATE: June 8, 2017
AGENCY CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 29-250 – Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing Motorcycle Rider Education
ADOPTED RULE NUMBER: 2017-089
CONCISE SUMMARY: These rules outlined requirement for standardized curricula, instructor training, licensing, continuing education and prohibited conduct requirements.
EFFECTIVE DATE: June 13, 2017
AGENCY CONTACT PERSON: Linda Grant, Director of Driver License Services, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9124. E-mail: Linda.Grant@Maine.gov .
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual – Adult: Subsection 27.2, Supervised Community Confinement
ADOPTED RULE NUMBER: 2017-090
CONCISE SUMMARY: To adopt as a permanent rule the emergency rule adopted on 3/13/2017 allowing a prisoner on supervised community confinement to go out of state for medical treatment not available in Maine and to make other changes to the supervised community confinement program to clearly spell out the application and review process.
EFFECTIVE DATE: June 17, 2017
AGENCY CONTACT PERSON / DOC RULEMAKING LIAISON: Mary Lucia, Maine Department of Corrections, 111 State House Station, Augusta ME 04333. Telephone: (207) 287-4681. E-mail: Mary.A.Lucia@Maine.gov .
DOC WEBSITE: http://www.maine.gov/corrections/ .