July 26, 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: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 134 (New), Regulations for Awarding a High School Diploma
PROPOSED RULE NUMBER: 2017-P089
BRIEF SUMMARY: This rule establishes the local flexibility and innovation in developing consistent graduation standards, identifies the manner in which the opportunities for learning through multiple pathways of career and technical education programs may be used to satisfy certain components of the system of learning results, and addresses the appropriate placement of students in career and technical education programs.
PUBLIC HEARING: August 14, 2017 in Room 500 of the Cross State Office Building, Augusta, Maine, from 9:00 -11:00 a.m.
COMMENT DEADLINE: September 8th, 2017 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Diana Doiron, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6823. Email: Diana.Doiron@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS  4722-A(7)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOE RULEMAKING LIAISON: Jaci.Holmes@Maine.gov .
DOE WEBSITE: http://www.maine.gov/doe/ .

AGENCY: 01-001 - Department of Agriculture, Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 144 (New). Standards for the Use of the State of Maine Quality Trademark on Molluscan Shellfish
PROPOSED RULE NUMBER: 2017-P090
BRIEF SUMMARY: The proposed rulemaking would promulgate Ch. 144, Division of Quality Assurance and Regulations' rules, to establish standards and minimum requirements for licensing of permit holders for use of the State of Maine Quality Trademark on molluscan shellfish containers. Use of the trademark is restricted to whole or shucked molluscan shellfish harvested from within the boundaries of the State of Maine that meet the standard requirements for designated use of the Molluscan Shellfish Quality Trademark.
DETAILED SUMMARY: Ch. 144 of the Maine Department of Agriculture, Conservation & Forestry, Division of Quality Assurance and Regulations' rules establishes standards and minimum requirements for licensing of permit holders for use of the State of Maine Quality Trademark on molluscan shellfish containers. Use of the trademark is restricted to whole or shucked molluscan shellfish harvested from within the boundaries of the State of Maine that meet the standard requirements for designated use of the Quality Trademark.
On September 12, 1988, the Department was directed by 7 MRS    441 and 443, the authority to promulgate Ch. 135, Official Use of the State of Maine Quality Trademark. These rules describe the State of Maine Quality Trademark and establish procedures for licensing and for use for individual commodities. Ch. 144 extends these rules to molluscan shellfish.
The revised rule proposed for adoption may be obtained on the Department's internet web page located at: www.maine.gov/dacf/ .
PUBLIC HEARING: August 15, 2017, 10:00 a.m., Room 118, Marquardt Bldg., 32 Blossom Lane, Augusta, Maine 04330
COMMENT DEADLINE: August 25, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Steve Giguere, Acting Director, Division of Quality Assurance and Regulations, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-3841. Fax: {207) 287-5576. TTY: Maine Relay 711. Email: Steve.Giguere@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: The proposed rule has no impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: Title 7, Part 2, Ch. 101, Sub-ch. 2,  443 and  443-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DACF WEBSITE: www.maine.gov/dacf/
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 16-633 – Department of Public Safety (DPS), Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 28 (New), Advanced Deposit Wagering
PROPOSED RULE NUMBER: 2017-P091
BRIEF SUMMARY (BASIS STATEMENT): This rule is to comply with state law and establishes the procedures for licensing an advance deposit wagering company, licensee responsibilities, production of player accounts, inspections and reporting.
PUBLIC HEARING: Wednesday, 9 a.m. on August 16, 2017, at Department of Public Safety, Gambling Control Board, 45 Commerce Drive, Suite 3, Augusta, Maine
COMMENT DEADLINE: Monday, August 28, 2017 at 5pm
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT / BOARD RULEMAKING LIAISON: Milton Champion, Executive Director, Gambling Control Board, 45 Commerce Drive - Suite 3, Augusta, ME 04333-0087. Telephone: (207) 626-3901. Email: Milton.F.Champion@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 8 MRS    1003(1)(B), (1)(L), (2)(U); 1071-1072
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITE: http://www.maine.gov/dps/GambBoard/ .

AGENCY: 03-201 - Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 1, Detention and Correctional Standards for Counties and Municipalities
PROPOSED RULE NUMBER: 2017-P092
BRIEF SUMMARY: Repeal and replacement of this rule is sought to update the Maine standards for county and municipal detention facilities to conform to more recent federal and state law changes (ex. Prison Rape Elimination Act, Maine 30-A  1582. Restraint of Pregnant Prisoners and Pregnant Juveniles, etc.) and to adopt national prevailing industry standards (American Correctional Association).
DETAILED BASIS STATEMENT / SUMMARY:
Significant Changes:
* Following each standard, “Evidence of Compliance” has been added. “Evidence of Compliance” represents the supporting information that the jail inspector will likely be looking for to prove compliance. It is intended to assist the jails in proving compliance.
* Standards referencing “Sheriff” now reference “Sheriff or Multi-County Jail Authority” to ensure that Two Bridges Regional Jail is included.
* A.8. MANDATORY (Added)
The Administrator shall employ or designate a supervisory level Prison Rape Elimination Act (PREA) Coordinator with sufficient time and authority to develop, implement, and oversee facility efforts to comply with the PREA standards.
* C.14. MANDATORY (Added)
Leg or waist restraints may not be used at any time on a pregnant inmate. No restraints may be used on an inmate while in labor or during childbirth. If wrist restraints are used on a pregnant inmate at another time, the corrections officer must apply the least restrictive type of restraints in the least restrictive manner necessary. The Administrator or designee shall produce written findings within 10 days as to the extraordinary circumstance (substantial flight risk or other extraordinary medical or security circumstance that requires restraints to be used to ensure the safety and security of the pregnant inmate) that required the use of the restraints.
* E.17 MANDATORY (Added)
If it is known that an inmate being released has an existing warrant or other hold, the facility shall provide notification prior to release to the agency responsible for the warrant or other hold.
* E.18. MANDATORY (Added)
If it is known that the inmate being released to probation or supervised release for sex offenders has an existing warrant or other hold, the facility shall provide notification prior to release to a Department of Corrections Regional Correctional Administrator and/or Regional Correctional Manager in the region in which the inmate intends to reside.
(Contact information can be found at http://www.maine.gov/corrections/adult/index.htm) .
* E.19. MANDATORY (Added)
Written policy, procedure and practice provide that inmates who have a court order or probation, supervised release for sex offenders, or conditional release condition of no contact with a victim shall be notified of such conditions prior to release. Notification shall be documented.
* G.2. MANDATORY (Added)
Decisions on whether to house a transgender inmate with male or female inmates shall be made on a case by case basis, with consideration being given to the inmate’s preference and security concerns.
* Note: Throughout the standards update many redundant standards were not changed, however were merged to minimize paper and time during inspection. For example in the 2005 manual there were separate standards for toilet, shower, and wash basin ratios. Now it reads:
The inmate population should not exceed the facility’s rated capacity, which should be established by the Sheriff or Multi-County Jail Authority or Administrator and approved by the Department of Corrections using the following criteria:
a.) The ratio of showers to inmates should not exceed 1 to 12.
b.) The ratio of wash basins to inmates should not exceed 1 to 12.
c.) In medium and minimum security cells, rooms, or dorms, there should be no less than one toilet for every 12 male inmates. Urinals may be substituted for up to one-half of the toilets for males in common bathroom areas.
d.) In medium and minimum security cells, rooms, or dorms, there should be no less than one toilet for every 8 female inmates.
e.) Each housing area should have its own day space which provides each inmate with a minimum of 35 square feet of space. Day space should not be less than 100 square feet.
f.) In multiple-occupancy cells, rooms, or dormitories, a minimum of 35 square feet per inmate should be provided.
* Section IVb. COMMUNITY CORRECTIONS: ALTERNATIVE SENTENCING PROGRAMS is a new section. Alternative Sentencing Programs have always been inspected, however they were inspected under the Minimum Security Residential Facility standards. It seemed to make more sense to provide Alternative Sentencing with an independent section because they are in fact different from minimum security correctional facilities.
PUBLIC HEARING: 8/15/17 - 10:00 a.m., Maine Department of Corrections, 25 Tyson Drive (Tyson Building), 3rd Floor, Augusta, ME in the Board Room.
COMMENT DEADLINE: 8/30/17 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOC RULEMAKING LIAISON: Mary Lucia, Department of Corrections, 111 State House Station, Augusta, ME 04333. Telephone: (207) 287-4681. (TTY) Maine Relay 711. Fax: (207) 287-4370. Email: Mary.A.Lucia@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 34-A  1208
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/corrections/PublicInterest/policies.shtml .

ADOPTIONS

AGENCY: 65-407 - Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 314, Statewide Low Income Assistance Plan
ADOPTED RULE NUMBER: 2017-110
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to Ch. 314 of the Commission's Rules regarding the statewide electricity Low Income Assistance Plan.
EFFECTIVE DATE: July 25, 2017
AGENCY CONTACT PERSON / MPUC RULEMAKING LIAISON: Jamie Waterbury, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1360. Email: Jamie.A.Waterbury@Maine.gov .
PUC WEBSITE: http://www.maine.gov/mpuc/ .

ADOPTED RULE NUMBER: 2017-111 (to be posted next Wednesday)

AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Clean Election Act and Related Provisions
ADOPTED RULE NUMBER: 2017-112 (Final adoption, major substantive)
CONCISE SUMMARY: The rule amendments increase the amount of seed money that may be collected by Maine Clean Election Act (MCEA) candidates and authorize MCEA candidates to collect additional contributions to qualify for supplemental public campaign funds. The rule amendments prohibit candidates from making payments of MCEA funds greater than $50 in cash and describe the procedures for an online qualifying contribution service.
EFFECTIVE DATE: August 20, 2017
AGENCY CONTACT PERSON: Lorrie Brann, Commission Assistant, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333-0135. Telephone: (207) 287-3024. Email: Lorrie.Brann@Maine.gov .
COMMISSION WEBSITE: http://www.maine.gov/ethics/ .
COMMISSION RULEMAKING LIAISON: Jonathan.Wayne@Maine.gov .