July 19, 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: 12-172 - Department of Labor (DOL), Unemployment Insurance Commission
CHAPTER NUMBER AND TITLE: Ch. 9, Able and Available Requirements
PROPOSED RULE NUMBER: 2017-P084
BRIEF SUMMARY: Modification of this rule is sought to clarify eligibility for claimants who are only available for part-time work; to provide factors for consideration in determining whether a claimant has an acceptable means of transportation to get to a job or to an area in which there are sufficient job opportunities; and to clarify the application of the able and available requirements to claimants who are absent from their labor market area.
PUBLIC HEARING: Tuesday, August 8, 2017, 1:00 - 2:00 p.m., Department of Labor, Frances Perkins Conference Room B, 45 Commerce Drive, Augusta, Maine 04333-0045
COMMENT DEADLINE: Friday, August 18, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT / DOL RULEMAKING LIAISON: Jeanne St. Pierre, Director of Legislative and Constituent Services, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. Email: Jeanne.StPierre@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS  §1082(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 26 MRS  §1192(3)
DOL WEBSITE: http://www.maine.gov/labor/index.shtml .


AGENCY: 12-172 - Department of Labor (DOL), Unemployment Insurance Commission
CHAPTER NUMBER AND TITLE: Ch. 16, Benefits Paid to Illegal Aliens
PROPOSED RULE NUMBER: 2017-P085
BRIEF SUMMARY: Modification of this rule is sought to update references to federal agencies regarding immigration and to add a provision to Section 2(A) permitting the use of other documentation as approved by the United States Department of Homeland Security (OHS) so that the rule does not need to be updated to reflect each new piece of documentation that DHS approves.
PUBLIC HEARING: Tuesday, August 8, 2017, 1:00 - 2:00 p.m., Department of Labor, Frances Perkins Conference Room B, 45 Commerce Drive, Augusta, Maine 04333-0045
COMMENT DEADLINE: Friday, August 18, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT / DOL RULEMAKING LIAISON: Jeanne St. Pierre, Director of Legislative and Constituent Services, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. Email: Jeanne.StPierre@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS  §1082(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 26 MRS  §1192(11)
DOL WEBSITE: http://www.maine.gov/labor/index.shtml .


AGENCY: 12-172 - Department of Labor (DOL), Unemployment Insurance Commission
CHAPTER NUMBER AND TITLE: Ch. 19, Other Remuneration
PROPOSED RULE NUMBER: 2017-P086
BRIEF SUMMARY: Modification of this rule is sought to simplify the allocation rules for other remuneration and to modify the treatment of bonus payments to make it more consistent with the Employment Security Law.
PUBLIC HEARING: Tuesday, August 8, 2017, 1:00 - 2:00 p.m., Department of Labor, Frances Perkins Conference Room B, 45 Commerce Drive, Augusta, Maine 04333-0045
COMMENT DEADLINE: Friday, August 18, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT / DOL RULEMAKING LIAISON: Jeanne St. Pierre, Director of Legislative and Constituent Services, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. Email: Jeanne.StPierre@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS  §1082(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 26 MRS  § § 191(3), 1193(5)
DOL WEBSITE: http://www.maine.gov/labor/index.shtml .


AGENCY: 12-172 - Department of Labor (DOL), Unemployment Insurance Commission
CHAPTER NUMBER AND TITLE: Ch. 20, Unemployment Fraud or Misrepresentation by Claimants
PROPOSED RULE NUMBER: 2017-P087
BRIEF SUMMARY: Modification of this rule is sought to remove the certified mail requirement from Section 2(B) and to remove Section 2(C), as it is not legally required and not appropriate in all circumstances. Instead, the agency will prepare a standard operating procedure or other policy as to the methodology for interviewing the claimant in a fraud or misrepresentation case.
PUBLIC HEARING: Tuesday, August 8, 2017, 1:00 - 2:00 p.m., Department of Labor, Frances Perkins Conference Room B, 45 Commerce Drive, Augusta, Maine 04333-0045
COMMENT DEADLINE: Friday, August 18, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT / DOL RULEMAKING LIAISON: Jeanne St. Pierre, Director of Legislative and Constituent Services, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. Email: Jeanne.StPierre@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS  §1082(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 26 MRS  § § 1193(6), 1194(10)
DOL WEBSITE: http://www.maine.gov/labor/index.shtml .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) – Division of Policy
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II Section 21, Home and Community Benefits for Members with Intellectual Disabilities or Autism Spectrum Disorder
PROPOSED RULE NUMBER: 2017-P088
CONCISE SUMMARY: The proposed rule change will expand the number of members who are eligible as Priority 1 on the waitlist for Ch. II Section 21, “Home and Community Benefits for Members with Intellectual Disabilities or Autism Spectrum Disorder”. The proposed language addresses waitlist eligibility for members whose primary caregiver has reached the age of 65 or has a terminal illness and is having difficulty providing the necessary supports to the member, where the member has no other responsible or willing caregiver. The proposed rule specifies criteria whereby those members may qualify as Priority 1 based on the member’s medical condition or behavioral need; high risk for institutionalization; history of hospitalizations; and imminent danger to the member or others. A provision is also included specifying that Priority 1 is granted only when the member’s needs cannot be met absent provision of services under this comprehensive waiver program. Therefore, Priority 1 on the Section 21 waitlist would be available only for members who specifically need these services; members whose needs could be met with the less intense services provided under the State Plan or Section 29 would be referred to those services. This provision does not preclude the member waiting at another Priority level on the Section 21 waitlist. This rulemaking is required in order to establish clear criteria for prioritization of members, beyond what currently exists. While the Department may offer funded openings to Priority 2 members in the event Priority 1 is exhausted, the Department wishes to establish clear, codified criteria to guide access, now and in the future.
The proposed rule also expands the number of members who are eligible as Priority 2. The proposed language expands eligibility to members whose primary caregiver has reached the age of sixty and is having difficulty providing the necessary supports to the member in the family home. A definition of primary caregiver is also included. This will supersede language in the current rule that applies this criterion only to the member’s parents. The proposed provision expands the Priority 2 provision to members being cared for by extended family members, and whose parents are deceased, missing, or unable to care for the member.
The proposed rule requires an annual review of the priority assignments of members, in order to remain on the Section 21 waitlist.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
PUBLIC HEARING: August 8, 2017 - 9:00 a.m., First Floor, Augusta Armory, 179 Western Avenue, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before July 27, 2017.
DEADLINE FOR COMMENTS: Comments must be received by midnight August 21, 2017.
AGENCY CONTACT PERSON: Rachel Posner, Comprehensive Health Planner, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6951. Fax: (207) 287-1864. TTY: 711. Email: Rachel.Posner@Maine.gov
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRS §§ 42, 3173,
OMB WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 01-001 - Department of Agriculture, Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 34 (New), Rules for Operation of Dairy Improvement Fund
ADOPTED RULE NUMBER: 2017-108
CONCISE SUMMARY: This chapter establishes rules governing the expenditure of funds available in accordance with Title 7 MRS  §2910-B, Title 10 MRS  §1023-P and Title 8 MRS  §1036 sub- §2-A paragraph M. The Dairy Improvement Fund (DIF) is a revolving loan program intended to assist dairy farmers in making capital improvements to maintain and enhance the viability of their farms and to pay the administrative costs of processing loan applications and servicing and administering the fund and loans made from the fund.
EFFECTIVE DATE: July 16, 2017
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / DACF RULEMAKING LIAISON: Mari Wells-Eagar, Maine Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4909. Email: Mari.Wells@Maine.gov .


AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 115, Certification, Authorization and Approval of Education Personnel
ADOPTED RULE NUMBER: 2017-109 (Final adoption, major substantive)
CONCISE SUMMARY:
Refinements were made in the following manner:
Overarching concepts:
* Align with state statute
* Streamline the certifications to be easier for the field and easier to process on the state level
* Delete unnecessary or duplicative sections of the regulation
Specific refinements:
* Conditionals will be for three years without yearly check ins to the Certification Office
* Have renewals occur at five years from date of initial approval, so the renewals will flow throughout the year, rather than summers.
* Administrative certificates – refine renewal and allow interstate reciprocity
* Delete the section on Substitute Personnel, allow the school administrative units to address the substitute needs of their SAUs.
* In Part II fine tune the certifications and endorsements to reflect current course needs.
* Added new Mathematical Instructional Leader and Educator Effectiveness Coordinator certificates
* The refined certifications and endorsements will go into effect July 1, 2019.
EFFECTIVE DATE: August 12, 2017
AGENCY CONTACT PERSON / DOE RULEMAKING LIAISON: Jaci Holmes, Maine Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov .
DOE WEBSITE: http://www.maine.gov/doe/