July 5, 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 rulemaking 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: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #08-17
PROPOSED RULE NUMBER: 2017-P078
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: July 20, 2017, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: July 20, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS  8054 and 7 MRS  2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 01-001 - Department of Agriculture, Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 226, Rules Governing the Administration of Certain Substances to Animals Entered in Pulling Competitions.
PROPOSED RULE NUMBER: 2017-P079
BRIEF SUMMARY: The purpose of these proposed amendments is to: 1) Clarify who is responsible for the animals that are in violation of the no tolerance rule in regards of drug testing during a licensed pulling event; 2) add definition for “Driver”; 3) Clarify who should be witnessing the blood draw and who is to sign as the witness; 4) clarify who is an “Agent” under the definition; 5) remove the word “Trainer”, replace with “Driver”; and 6) remove the word “Agent” and replace with “Department” in section 3.
PUBLIC HEARING: July 25, 2017 at 10:00 a.m., at the Department of Agriculture, Conservation & Forestry, Room 118, Marquardt Bldg., 32 Blossom Lane, Augusta.
COMMENT DEADLINE: 5:00 p.m. on August 4, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Miles Greenleaf, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-7535. Fax: (207) 287-7548. Email: Miles.D.Greenleaf@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: The proposed amendments should not have a fiscal impact.
STATUTORY AUTHORITY FOR THIS RULE: 7 MRS  98(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dacf/ard/fair_promotion/pull_events.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 01-303 - Department of Agriculture, Conservation and Forestry (DACF), Pull Events Commission
CHAPTER NUMBER AND TITLE: Ch. 15, Rules for Superintendents and Assistant Superintendents of Pull Events
PROPOSED RULE NUMBER: 2017-P080
BRIEF SUMMARY: The purpose of these proposed amendments is to: 1) Add definitions for “Driver” and “Teamster”; 2) clarify what applications superintendents need to become certified superintendents; 3) clarify the authority superintendents have when giving warnings to teamsters; 4) add a Body Condition Scoring System for the equine animals entered into a Pull Event; and 5) improve and strengthen the requirements for becoming a certified Pull Superintendent.
PUBLIC HEARING: July 25, 2017 at 10:00 a.m., at the Department of Agriculture, Conservation & Forestry, Room 118, Marquardt Bldg., 32 Blossom Lane, Augusta.
COMMENT DEADLINE: 5:00 p.m. on August 4, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Miles Greenleaf, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-7535. Fax: (207) 287-7548. Email: Miles.D.Greenleaf@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: The proposed amendments should not have a fiscal impact.
STATUTORY AUTHORITY FOR THIS RULE: 7 MRS  98(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/dacf/ard/fair_promotion/pull_events.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBERS AND TITLES:
Ch. 1, Open Water and Ice Fishing Regulations;
Ch. 1-A, State Heritage Fish Waters
PROPOSED RULE NUMBERS: 2017-P081, P082
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. These regulations are needed to provide for the effective conservation of Maine’s inland fisheries, and enhance fishing opportunities throughout the State. All of the proposals may be discussed at any of the 5 public hearings listed. The list of proposals may be obtained from the Agency Contact Person or online at: http://www.maine.gov/ifw . Anyone unable to attend a public hearing may submit written comments on any of the proposals. The proposals, if adopted, will become effective January 1, 2018. The Department is also proposing modifications and additions of waters to the State Heritage Fish waters list.
PUBLIC HEARINGS:
Presque Isle: July 25, 2017 @ 6:30 p.m. – Northeastland Hotel, Red Room, 436 Main Street
Millinocket: July 26, 2017 @ 6:30 p.m. – Baxter Park Inn, Conference Room, 935 Central Street
Ellsworth: July 27, 2017 @ 6:30 p.m. – Ramada, Breakfast Room, 215 High Street (Route 1 & 3)
Farmington: August 2, 2017 @ 6:30 p.m. – University of Maine Farmington, Olson Student Center - CR 123, 111 South Street
Brunswick: August 3, 2017 @ 6:30pm – Comfort Inn, Breakfast Room, 199 Pleasant Street
COMMENT DEADLINE: August 14, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS    10104, 12452 & 12461
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw .

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
PROPOSED RULE NUMBER: 2017-P083
BRIEF SUMMARY: In accordance with Title 12 MRS  11402, the Commissioner of Inland Fisheries and Wildlife, in conjunction with the City of Eastport in Washington County, is proposing to conduct a special deer hunt beginning November 27, 2017 and ending December 9, 2017. Thirty permits will be available to qualified applicants authorizing the potential harvest of up to 90 antlerless deer. The City of Eastport will administer permit selection for city residents and nonresidents, approving specific hunting locations and compliance 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 timing and length and any other special conditions deemed necessary.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: August 4, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING 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. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  11402
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw .

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 #07-17
ADOPTED RULE NUMBER: 2017-096 (Emergency)
CONCISE SUMMARY: Minimum July 2017 Class I price is $19.84/cwt. plus $1.58/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $24.06/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: July 2, 2017
AGENCY CONTACT PERSON / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .

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 #285A - State Supplement (EBT): Part 11, State Supplement
ADOPTED RULE NUMBER: 2017-097
CONCISE 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). These restrictions do not apply to federal SSI benefits. When the recipient chooses to have funds distributed to them as direct deposit or check, State Supplement benefits are not subject to the above purchase restrictions.
There were changes to the proposed rule after the comment period. The Department made clear in the final rule that the restriction only applies to State Supplement benefits that have been issued on an EBT card and not to such benefits that a recipient has elected to receive via direct deposit or check. The Department will make a bona fide effort to notify State Supplement recipients and new applicants of this change and of their option to receive State Supplement benefits by direct deposit, for which the restrictions described in 22 MRS  3763(11) will not apply.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2017
AGENCY CONTACT PERSON: Esther Bullard, MaineCare Program Manager, Office for Family Independence, Department of Health & Human Services, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4178. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Esther.Bullard@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
OFI RULEMAKING LIAISON: Daniel.H.Cohen@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBERS AND TITLES:
Ch. 191, Health Maintenance Organizations (Amendment)
Ch. 750, Standardized Health Plans (Repeal)
ADOPTED RULE NUMBERS: 2017-098, 099 (Final adoptions, major substantive)
CONCISE SUMMARY: Much of current rule Ch. 750 has been rendered obsolete by 2011 PL c. 90 and by the federal Affordable Care Act. This rulemaking repeals Ch. 750 and incorporates remaining relevant provisions into Ch. 191. The proposal also updates Ch. 191, particularly as to financial requirements applicable to HMOs.
EFFECTIVE DATE: July 28, 2017
AGENCY CONTACT PERSON: Shari Gregory, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8424, Email: Shari.L.Gregory@Maine.gov .
BUREAU WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULEMAKING LIAISON: Thomas.Record@Maine.gov .

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 #195A: Disqualified Members, Word Registration, and Child Support Orders
Food Supplement Manual, Sections:
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
ADOPTED RULE NUMBER: 2017-100
CONCISE SUMMARY: This rule adopts numerous changes to the Food Supplement Manual. There are changes to the treatment of income, 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 adopted 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. This rule will not have an impact on municipalities or small businesses.
Changes to Section FS-1
A new non-discrimination statement was 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 adopts a new requirement to register with the Maine Job Bank and maintain an active registry for members subject to work requirements. Maine JobLink is an online job search and posting service operated by the Maine Department of Labor. Members subject to the new requirement will complete and maintain 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, in part, because to the participant gives and received personalized feedback through the JobLink service, as opposed to the previous method of placing the participant on a non-interactive list or applicant board. The purpose of the rule change 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.” (FS-111-5)
Good Cause – The rule adopts federally required “good cause” exemptions for ABAWD noncompliance. 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. (Section FS-111-7)
Child Support Orders – The adopted 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). This section includes orders issued by the court and those obtained through child support enforcement. Good cause for non-compliance is an exception to the rule, including working with the Department of Support Enforcement Recovery.
Changes to Sections FS-444 (Disqualified Members)
There were several changes to the treatment of income, assets, and deductions for disqualified household members. The new rule elects a federal option to count all of the income of ineligible noncitizens as available to the remaining, eligible household members, whereas the previous rule counts only a pro rata share of the income. The new rule also brings the treatment of assets, income, and deductions for other disqualified members (such as ABAWDs) into compliance with the federal requirements. Finally, to reflect sanctions associated with new policies in section FS-111, the rule adds child-support noncompliance and work registration noncompliance to the list of possible disqualifications.
Change to Section FS-555-7
The adopted rule corrects typos by replacing daily percentages for 29 and 31 day months, respectively.
Change to Section FS-666-5
The adopted 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 adopted changes to this section remove the old policy referencing simplified reporting.
Section FS-999 (Definitions)
A definition for fleeing felon is adopted based on federal requirements and the Department’s election to use the Martinez settlement definition.
Post-Comment Changes
As described in more detail in the Summary of Comments and Responses, the Department made the following minor changes to the rule, following the public notice-and-comment period.
Section FS-111-5 (page 1)
The Department changed the wording “Maine Job Bank” to “Maine JobLink” to refer to the correct title of the service.
There were a few provisions related to TANF work expectations and child care irrelevant to FS policy. The Department removed the TANF policy as technical corrections.
Section FS-111-7 (pages 1 and 4)
The final rule changed from “a maximum of 24 hours per month” to “a monthly maximum of the value of the household benefit divided by state or federal minimum wage, whichever is higher.”
The Department also added the wording “so the next fixed 36 month time period would start October 1, 2017 and end September 30, 2020.”
Section FS-666-5
The Department removed the TANF closure reason “Failure to complete the review” as a trigger for receipt of Transitional Food Assistance (TFA).
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: July 5, 2017
AGENCY CONTACT PERSON: Karen Curtis, Program Manager, Food Supplement Program, Office for Family Independence, Department of Health & Human Services, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4108. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Karen.Curtis@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
OFI RULEMAKING LIAISON: Daniel.H.Cohen@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Herring Regulations: 36.01, Herring Management Plan
ADOPTED RULE NUMBER: 2017-101 (Emergency)
CONCISE SUMMARY: Atlantic herring may only be landed from Management Area 1A on days that have been designated landing days by the Atlantic States Marine Fisheries Commission (ASMFC). During the Days Out Conference Meeting on June 28, 2017, the Atlantic Herring Section determined that landing days for all vessels issued a Federal Limited Access Atlantic Herring Category A Permit for Management Area 1A, Sub-ACL Trimester 2 (June 1 – September 30) shall be four consecutive days, beginning on 6:00 p.m. Sunday to 6:00 p.m. Thursday and are limited to landing 600,000 lbs (15 trucks) weekly; and, may transfer to only one carrier vessel per week up to 80,000 lbs. All vessels issued a Federal Limited Access Atlantic Herring Permit Category C may fish and land Atlantic herring on seven days a week and are restricted to the transfer of Atlantic herring to one carrier vessel only and no more than 80,000 lbs. per week. All harvesters issued a State Commercial Pelagic and Anadromous License may fish and land Atlantic herring on seven days a week and are restricted to the transfer of Atlantic herring to one carrier vessel only and no more than 80,000 lbs per week. All vessels landing herring caught in Management Area 1A in any Maine port are limited to one landing per 24 hour period (6:00 p.m. to 6:00 p.m.). The Commissioner has determined that it is necessary to take emergency action to implement these limitations to prevent the depletion of the supply of Atlantic herring and to comply with the changes to the interstate management of the Atlantic herring resource. The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS  6171(3).
EFFECTIVE DATE: July 1, 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 WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 41, Menhaden: 41.10, Territorial Waters Trawl Prohibition; 41.30, Menhaden Program (Episodic Event Fishery Closure)
ADOPTED RULE NUMBER: 2017-102 (Emergency)
CONCISE SUMMARY: Maine DMR has received confirmation from the Atlantic States Marine Fisheries Commission’s Atlantic Menhaden Board that over 80% of the episodic quota has been harvested. The Commission has directed all States participating in the episodic fishery to close at 11:59 p.m. on Wednesday, July 5, 2017. For this reason, the Commissioner has determined that it is necessary to take emergency action under 12 MRS 6171(3)(C) to close the Atlantic Menhaden episodic event fishery. Upon the closure of the episodic event fishery, a vessel may fish for or take up to 6,000 pounds of menhaden per day as incidental bycatch and the vessel shall not land more than 6,000 lbs. per calendar day. A vessel that is taking Atlantic menhaden as incidental bycatch shall not transfer Atlantic menhaden at sea.
EFFECTIVE DATE: July 3, 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 WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .