October 4, 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 #11-17
PROPOSED RULE NUMBER: 2017-P135
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: October 19, 2017, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: October 19, 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; 7 MRS  2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. VII Section 5, Estate Recovery
PROPOSED RULE NUMBER: 2017-P136
CONCISE SUMMARY: This rulemaking will add new timeline language to different sections in the Estate Recovery policy to help the Third Party Liability unit enforce the policy. This rulemaking will also rewrite the Hardship Waiver and Care Given Exemption sections to assure that there are no gaps in the policy allowing personal representatives to avoid liability or responsibility and also increase the effectiveness of the policy.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: October 23, 2017 - 9:00 a.m., Burton M. Cross Building - Room 400, 111 Sewall Street, Augusta ME, 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 16, 2017.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on November 2, 2017
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Cari Philbrick, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4031. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Cari.Philbrick@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS    42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 94-591 - Motor Carrier Review Board (administered by the Secretary of State (SOS), Bureau of Motor Vehicles (BMV))
CHAPTER NUMBER AND TITLE: Ch. 1, Bylaws of the Maine Motor Carrier Review Board
PROPOSED RULE NUMBER: 2017-P137
BRIEF SUMMARY: The primary purpose of this rule is to institute a more efficient and expedient process by which to review deficient motor carriers and provide for a more focused approach by the board.
Changes include;
I. Redefine the Boards "Powers and Duties" with respect to hearings requested by the Bureau or motor carriers;
2. Establish meeting timelines.
3. Provide for motor carrier Due Process.
PUBLIC HEARING: none
COMMENT DEADLINE: November 4, 2017
CONTACT PERSON FOR THIS FILING: Stephen Ashcroft, Motor Carrier Services, 101 Hospital Street – 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9056. Fax: (207) 622-5332. TTY Maine relay 711. Email: Stephen.Ashcroft@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: none
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS  562(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/bmv/commercial/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov

AGENCY: 94-591 - Motor Carrier Review Board (administered by the Secretary of State (SOS), Bureau of Motor Vehicles (BMV))
CHAPTER NUMBER AND TITLE: Ch. 2, The Process for the Selection and Review of Motor Carriers with Significant and Repeated Safety Violations
PROPOSED RULE NUMBER: 2017-P138
BRIEF SUMMARY: The primary purpose of this rule is to institute a more efficient and expedient process by which to review deficient motor carriers and provide for a more focused approach by the board.
Changes include;
1. Establishing a “Threshold Limit” process for selection, warning and suspension of motor carriers.
PUBLIC HEARING: none
COMMENT DEADLINE: November 4, 2017
CONTACT PERSON FOR THIS FILING: Stephen Ashcroft, Motor Carrier Services, 101 Hospital Street – 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9056. Fax: (207) 622-5332. TTY Maine relay 711. Email: Stephen.Ashcroft@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: none
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS  562(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/bmv/commercial/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov

AGENCY: 94-591 - Motor Carrier Review Board (administered by the Secretary of State (SOS), Bureau of Motor Vehicles (BMV))
CHAPTER NUMBER AND TITLE: Ch. 3, Hearing Procedures
PROPOSED RULE NUMBER: 2017-P139
BRIEF SUMMARY: The primary purpose of this rule amendment is to institute a more efficient and expedient process by which to review deficient motor carriers and provide for a more focused approach by the board . Changes include:
1. Redefining hearing procedures;
2. Establishing hearing notices;
3. Defining and establishing a "Presiding Officer";
4. Establishing the Order of Proceedings.
PUBLIC HEARING: none
COMMENT DEADLINE: November 4, 2017
CONTACT PERSON FOR THIS FILING: Stephen Ashcroft, Motor Carrier Services, 101 Hospital Street – 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9056. Fax: (207) 622-5332. TTY Maine relay 711. Email: Stephen.Ashcroft@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: none
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS  562(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/bmv/commercial/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov

AGENCY: 29-250 - Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 159, Rules Governing the Administration of the Permanent and Semipermanent Semitrailer Registration Programs
PROPOSED RULE NUMBER: 2017-P140
BRIEF SUMMARY: Amends Ch. 159, Rules Governing the Administration of the Permanent, Semipermanent Semitrailer Registration Programs. The amendment corrects a title fee reference, clarifies when the reregistration process may begin, and clarifies the issuance of extended registrations.
PUBLIC HEARING: none planned
COMMENT DEADLINE: November 4, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Valerie Grant, Registration Section Manager, Maine BMV, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9190. Email: Valerie.Grant@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS  512.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov .

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 #10-17
PROPOSED RULE NUMBER: 2017-154
CONCISE SUMMARY: Minimum October 2017 Class I price is $19.69/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 $23.91/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: October 1, 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 .
AGENCY WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01 (G., 1a, 1b), Upland Game and Furbearing Animals: Beaver Trapping
ADOPTED RULE NUMBER: 2017-155
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted season dates and the open and closed areas for beaver trapping as follows: WMDs 1-4, October 15 – April 30; WMDs 5, 6, 8, 9, 10, 11, October 29 – April 30; WMDs 18, 19, 28, October 29 – April 15; WMDs 7, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 29, October 29 – March 31.
During the open season for beaver trapping in any of the twenty nine wildlife management districts (WMDs), certain townships may be restricted by one of the following provisions: 1) Town open to beaver trapping with certain specified areas closed; 2) Town closed to beaver trapping with certain specified areas open; 3) Town closed to all beaver trapping or 4) Town open to all beaver trapping. A complete copy of the proposed rule can be obtained from the rulemaking contact person listed below.
EFFECTIVE DATE: October 2, 2017
AGENCY CONTACT PERSON / IFW RULEMAKING LIAISON: Becky Orff, Department of Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: http://www.maine.gov/ifw/ .