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November 22, 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: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 418, Solid Waste Management Rules: Beneficial Use of Solid Wastes
PROPOSED RULE NUMBER: 2017-P062 (3rd publication)
BRIEF SUMMARY: The Department?s experience in administering Ch. 418 over past years has highlighted the need to revise it for a variety of reasons. Amendments to Ch.?418 are being proposed in order to: make substantive changes to certain standards and provisions of the rule based on knowledge, experience, and new information; modify the format and language for clarity, consistency and improved operation; and, update citations and references. In part, the proposed amendments include: new exemptions addressing the beneficial use of several different waste streams (e.g. spent septic systems, catch basin grit, petroleum contaminated soil); updated and consolidated general standards for beneficial use projects; replacement of the constituent values in Appendix A (?Screening Standards for Beneficial Use?) with current, risk based values based on the U.S. Environmental Protection Agency?s (USEPA) ?Regional Screening Levels for Chemical Contaminants at Superfund Sites? (RSLs), as revised June, 2017; additions and revisions to the permit-by-rule and reduced procedure licensing standards pertaining to tires and dredge material; reorganization and substantive updates of the ?Fuel Substitution? provisions of the rule; and, establishment of 4 different approval mechanisms (exemption, authorization through notification when certified by a professional engineer, permit-by-rule, and full license procedure) for the beneficial use of emulsified asphalt encapsulated contaminated soil.
Following the close of the public comment period, the Board of Environmental Protection held a deliberative session to discuss key issues raised by commenters. On November 16, 2017 the Board directed the Department to provide an opportunity for public comment pursuant to 5 MRS ?8052(5)(B) on a certain change to the proposal that may be substantial. This change is the modification of Appendix A of the revised proposal ?Screening Standards for Beneficial Use?.
The proposed changes that the Department is seeking comment on at this time are identified by the use of ?double underline? in the Department?s proposal. Please note that the Department is not accepting additional comments on other portions of the proposal at this time. Copies of the changes to the rule which the Department is seeking additional comment are available upon request by contacting the agency contact person or on the DEP website at www.Maine.gov/DEP/rules/.
COMMENT DEADLINE: December 27, 2017 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tom Graham, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES:?None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS ?? 341-D(1-B), 1304(1,1-B & 13)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DEP WEBSITE: http://www.maine.gov/dep/rules/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 94-088 - Maine Arts Commission
CHAPTER NUMBER AND TITLE: Ch. 2, Rules for Awarding Grants and Providing Services
PROPOSED RULE NUMBER: 2017-P163
BRIEF SUMMARY: These rule amendments make technical changes to update existing rules governing the grant-making procedures and programs by the Maine Arts Commission. Ch. 2 provides definitions for how the Maine Arts Commission awards grants and provides services, including conflict of interest definitions.
PUBLIC HEARING: December 11, 2017, 12:00 p.m., Maine Arts Commission Conference Room, 193 State Street, Augusta, ME 04333
COMMENT DEADLINE: Thursday, December 21, 2017 (5:00 p.m. EST)
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Julie A. Richard, Executive Director, Maine Arts Commission, 193 State Street, 25 State House Station, Augusta, ME 04333. Telephone: (207) 287-2710. Email: Julie.Richard@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES:?this rule will not have a fiscal impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: Title 27 MRS ?401
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: www.mainearts.com .

AGENCY: 94-088 - Maine Arts Commission
RULE TITLE OR SUBJECT: Ch. 3, Rules to Carry Out the Percent for Art Act
PROPOSED RULE NUMBER: 2017-P164
CONCISE SUMMARY: These rule amendments make technical changes to update existing rules governing the grant-making procedures and programs by the Maine Arts Commission. Ch. 3 defines the process for carrying out the Percent for Art Act.
PUBLIC HEARING: Monday, December 11, 12:00 p.m., Maine Arts Commission Conference Room, 193 State Street, Augusta, ME 04333
DEADLINE FOR COMMENTS: Thursday, December 21, 2017 (5:00 p.m. EST)
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / AGENCY RULEMAKING LIAISON: Julie Richard, Executive Director, Maine Arts Commission, 193 State Street, 25 State House Station, Augusta, ME 04333. Telephone: (207) 287-2710 direct. Email: Julie.Richard@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 27 MRS ?401
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: www.mainearts.com .

AGENCY: 01-017 ? Department of Agriculture, Conservation and Forestry (DACF), Maine State Harness Racing Commission
CHAPTER NUMBERS AND TITLES:
Ch. 1, Administration
Ch. 3, Officials and Race Track Personnel
Ch. 7, Racing
Ch. 11, Medication and Testing
Ch. 13, Pari-Mutuel
Ch. 15, Off-Track Betting
Ch. 17, Rule Violations; Penalties
PROPOSED RULE NUMBERS: 2017-P165 thru P171
BRIEF SUMMARY:
Ch. 1, Administration - The proposed amendments move some grounds for suspension, revocation and denial of licenses from Ch. 17 (penalties) to Ch. 1 where the licensing provisions are contained.
Ch. 3, Officials and Race Track Personnel - The proposed amendments would update the process for licensing and assigning judges to the tracks, and update the education requirements.
Ch. 7, Racing - The proposed amendments involve a fairly comprehensive update to this chapter. First of all, the chapter needs to be aligned with Ch. 17, ?Rule Violations: Penalties?, because there are now penalties for conduct that is not specifically prohibited in rule. Secondly, the language in the chapter is not well constructed. Finally, the Commission recognized that the conduct of drivers participating in a race is regulated, but the conduct of other licensed participants at the track is not regulated.
Ch. 11, Medications, Prohibited Substances and Testing - This chapter received extensive updating in 2016 in order to keep pace with the rapidly evolving science and policies around preventing the use of performance enhancing drugs. A couple of additional updates are appropriate to clarify that drugs not currently listed are prohibited, and to specify the process for assigning unlisted drugs to a penalty class.
Ch. 13, Pari-Mutuel - The proposed amendments would allow for wagering the trifecta bet on a five-horse field.
Ch. 15, Off-Track Betting - The proposed amendments include just one minor change to this chapter to require licensed off-track betting facilities to remain open while live Maine racing is occurring.
Ch. 17, Rule Violations; Penalties - The proposed amendments would update this chapter to prohibit a horse from racing if the owner fails to repay a purse, when required, due to an infraction. In addition, the general penalty language will be clarified to apply to any rule violation where a particular violation level is not specified.
PUBLIC HEARING: 9:00 a.m. on December 14, 2017 at Gambling Control Board Conference Room, Department of Public Safety, 45 Commerce Drive, Augusta, Maine
COMMENT DEADLINE: 5:00 p.m. on December 29, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / COMMISSION RULEMAKING LIAISON: Henry Jennings, Director, Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-7568. Email: Henry.Jennings@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 8 M.R.S. ?? 263-A, 263-C, 264, 267-A, 268, 272-B, 272-C, 279, 279-A, 279-E, 281, 298
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None.
HARNESS RACING COMMISSION WEBSITE: http://www.maine.gov/dacf/harnessracing/index.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 02-031 ? Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 275, Medicare Supplement Insurance: 2017?Revision
PROPOSED RULE NUMBER: 2017-P172
BRIEF SUMMARY: The primary purpose of the proposed amendment is to comply with Section 401 of the federal Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). This act prohibits the sale of Medicare supplement insurance policies that cover Part B deductibles on or after January 1, 2020. Other changes proposed include updating a reference to the adjusted average age of Medicare supplement covered lives for all issuers in the Maine market based on rate filings, repeal of references to obsolete paper rate filing procedures, a clarification that for purposes of the rule ?employee welfare benefit plan? includes COBRA and mini-COBRA coverage and a clarification that Medicare counts as creditable coverage only during a person?s 6-month open enrollment period.
PUBLIC HEARING: 2:00 p.m., December 12, 2017, Kennebec Room, Department of Professional & Financial Regulation Building, 76 Northern Ave., Gardiner, ME
COMMENT DEADLINE: 4:30 p.m., December 29, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Shari Gregory, 34 State House Station, Augusta, ME 04333-0034. Email: Shari.L.Gregory@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 24 MRS ?2317-B; 24-A MRS ?? 212, 2413(1)(F), 4207(9), 5002-A, 5002-B, 5005, 5010-A, 5011; Resolve 2013 Ch. 19
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Section 401 of the federal Medicare Access and CHIP Reauthorization Act of 2015
BUREAU WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS), Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. III Section 12, Allowances for Consumer-Directed Attendant Services
PROPOSED RULE NUMBER: 2017-P173
CONCISE SUMMARY: This proposed rule complies with PL 2017 Ch. 284 Part MMMMMMM-1, An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2018 and June 30, 2019.
PL 2017 Ch. 284 Part MMMMMMM-1 requires the Department to amend its rules for reimbursement rates for the home-based and community-based personal care services under the provisions of 10-144 CMR Ch. 101, MaineCare Benefits Manual, Ch. III Section 12, ?Allowances for Consumer-Directed Attendant Services? and referenced in the February 1, 2016 report ?Rate Review for Personal Care and Related Services: Final Rate Models? prepared for the Department by Burns & Associates, Inc. Part MMMMMMM-1 directs the Department that the increase in rates of reimbursement must be applied in equal proportion to all home-based and community-based personal care and related services referenced in the Burns & Associates, Inc. report using the funding provided for that purpose in Ch. 284.
The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (CMS) for these changes. Pending CMS approval, the increased reimbursement rates will be effective retroactive to July 1, 2017 through June 30, 2018. The new rates will sunset on June 30, 2018, as the rate increases were funded by single year appropriations. Rates will revert to original values on July 1, 2018. A methodology change notice was posted on the Office of MaineCare Services? website on September 5, 2017.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: December 12, 2017 - 11 a.m., Burton Cross Office Building, Conference 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 December 5, 2017.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on December 22, 2017.
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Heidi Bechard, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Heidi.Bechard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rulemaking will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS ?? 42(8), 3173; 5 MRS ?8054; PL 2017 Ch. 284 Parts MMMMMMM-1, TTTT-1 (128th Legis. 2017), An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2018 and June 2019.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.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. II & III Section 96, Private Duty Nursing and Personal Care Services
PROPOSED RULE NUMBER: 2017-P174
CONCISE SUMMARY: These proposed rules seek to increase rates of reimbursement and level of care limits for personal care and related services pursuant to PL 2017 Ch. 284 Part MMMMMMM-1, An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2018 and June 30, 2019.
PL 2017 Ch. 284 Part MMMMMMM-1, requires the Department to amend its rules for reimbursement rates for the home-based and community-based personal care services under the provisions of 10-144 CMR Ch. 101, MaineCare Benefits Manual, Ch. II & III, ?Private Duty Nursing and Personal Care Services? and referenced in the February 1, 2016 report ?Rate Review for Personal Care and Related Services: Final Rate Models? prepared for the Department by Burns & Associates, Inc. Further, Part MMMMMMM-1 directs the Department that the increase in rates of reimbursement must be applied in equal proportion to all home-based and community-based personal care and related services referenced in the Burns & Associates, Inc. report using the funding provided for that purpose in Ch. 284. Ch. 284 provides funding to increase the rates. See Part ZZZZZZ Section ZZZZZZ-2. In addition, Part MMMMMMM-1 directs the Department to ensure that caps and limitations on home-based and community-based personal care and related services are increased to reflect the increase in reimbursement rates that result from this section.
The Legislature did not appropriate additional funding for these rate and level of care increases beyond June 30, 2018, therefore, rates and level of care increases will revert to their current levels (pre-July 1, 2017) on July 1, 2018.
This Ch. III proposed rule seeks to increase the following rates:
G0299 (0551)-RN Services
G0299 TD UN (0551)-RN Services?multiple patients (2)
G0299 TD UP (0551)-RN Services-multiple patients (3)
G0300 TE (0559)-LPN Services
G0300 TE UN (0559)-LPN Services?multiple patients (2)
G0300 TE UP (0559)-LPN Services?multiple patients (3)
T1000 TD-Independent RN
T1000 TD UN-Independent RN-multiple patients (2)
T1000 TD UP-Independent RN?multiple patients (3)
T1004 (0571)-Home Health Aide/Certified Nursing Assistant Services
T1004 UN (0571)-Home Health Aide/Certified Nursing Assistant Services-multiple patients (2)
T1004 UP (0571)-Home Health Aide/Certified Nursing Assistant Services?multiple patients (3)
T1019 (0589)-Personal Support Services
T1019-Personal Support Services (PCA Agencies only)
T1019 UN-Personal Support Services (PCA Agencies only) multiple patients (2)
T1019 UP-Personal Support Services (PCA Agencies only) multiple patients (3)
S5125 TF (0589)-PCA Supervisit
S5125 TF UN (0589)-PCA Supervisit-multiple patients (2)
S5125 TF UP (0589)-PCA Supervisit?multiple patients (3)
S5125 TF-PCA Supervisit (PCA Agencies only)
S5125 TF UN-PCA Supervisit (PCA Agencies only) multiple patients (2)
S5125 TF UP-PCA Supervisit (PCA Agencies only) multiple patients (3)
This Ch. II proposed rule seeks to increase the following level of care limits:
Level I
Level II
Level III
Level IV
Level V
Level VIII
Level IX
The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (CMS) for these changes. Pending approval, the increased reimbursement rates and corresponding increases in level of care limits will be effective retroactive to July 1, 2017 through June 30, 2018. The new rates and level of care limits will sunset on June 30, 2018, as the rate increases were funded by single year appropriations. Rates and level of care limits will revert to original values on July 1, 2018. A methodology change notice was posted on the Office of MaineCare Services? website on September 5, 2017.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: December 11, 2017 ? 10:00 a.m., Burton Cross Building - Room 400, 11 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 December 4, 2017.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on December 21, 2017.
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Heidi Bechard, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Heidi.Bechard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates these rulemakings will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS ?? 42, 3173; PL 2017 Ch. 284 Part MMMMMMM-1 (128th Legis. 2017), An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2018 and June 30, 2019.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 324, Small Generator Interconnection Procedures
PROPOSED RULE NUMBER: 2007-P175
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking proceeding to consider proposed amendments to the Commission?s Small Generator Interconnection Procedures rule (Ch. 324). The amendments include changes based on comments received in a prior, though uncompleted, Ch. 324 rulemaking (Docket 2016-00268).
PUBLIC HEARING: December 12, 2017, 3:00 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347
COMMENT DEADLINE: December 22, 2017. Written comments on the proposed rule?may be filed using the Commission's Case Management System no later than 4:00 p.m., December 22, 2017. However, the Commission requests that comments be filed by December 5, 2017, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. All comments will appear in the Case Management System, which is accessible from our web site. Commenters should refer to the Docket Number 2017-00296 when submitting comments.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Leslie Raber, PUC, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1562. Maine Relay 711. Email: Leslie.Raber@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS ?? 104, 111; Resolve 2007 Ch. 183
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
PUC WEBSITE: www.maine.gov/mpuc .
PUC RULE-MAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

ADOPTIONS

AGENCY: 05-071 ? Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 115, Certification, Authorization, and Approval of Educational Personnel: Section 14, Revocation, Suspension, Denial, and Nonrenewal of Certificates, Authorizations, and Approvals
ADOPTED RULE NUMBER: 2017-175 (Emergency, major substantive)
CONCISE SUMMARY: This emergency rule creates a category within Section 14 of Ch. 115, Part I for Administrative Hold. The emergency rule would require all credential holders to provide the Department with an address at which the Department may contact them with respect to their credential. An administrative hold will be used in cases where information about certified individuals comes to the attention of the Department and the Department contacts the credential holder at the address on file and receives no response. In those situations, the Department will place the credential on administrative hold until such time as the holder responds. These provisions are needed at this time due to numerous instances whereby the Certification staff has been unable to contact individuals with credentials involved in questionable circumstances.
Findings of the Emergency:
Over the past few months, the Department has encountered several situations where it has received information about credential holders engaging in dangerous or criminal activity, including convictions related to drugs, domestic violence, and theft. The Department has attempted to contact those individuals to either propose a voluntary surrender or initiate an investigation that could lead to revocation or suspension of their credential, and either the correspondence has been returned as undeliverable at the holder?s address, or the holder has not responded to the Department. The Department is concerned that these individuals may be working in schools and thus students are potentially in danger. The Department needs to have a regulatory means to put the individuals? credentials on hold until such time as the voluntary surrender letter is signed by the individual or the holder has responded to the Department so that the Department has the information necessary to proceed with an investigation if needed. The Department is not doing a hearing in order to promulgate this regulation more quickly. There are currently nine credentials pending in the investigation file that the Department is unable to act on and there will at least five each ensuing month. The Department cannot risk having these individuals in the school facilities.
EFFECTIVE DATE: November 20, 2017
DOE CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / 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/ .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS), Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II & III Section 96, Private Duty Nursing and Personal Care Services
ADOPTED RULE NUMBER: 2017-176 (Emergency)
CONCISE SUMMARY: The Department of Health and Human Services (?the Department?) adopts these emergency rules to increase the rates of reimbursement and level of care limits for personal care and other related services pursuant to PL 2017 Ch. 284 Part MMMMMMM-1, An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2018 and June 30, 2019.
PL 2017 Ch. 284 Part MMMMMMM-1 requires the Department to amend its rules for reimbursement rates and level of care limits for home-based and community-based personal care and related services provided under the provisions of 10-144 CMR Ch. 101, MaineCare Benefits Manual, Ch. II & III Section 96, ?Private Duty Nursing and Personal Care Services? and referenced in the February 1, 2016 report ?Rate Review for Personal Care and Related Services: Final Rate Models? prepared for the Department by Burns & Associates, Inc. Further, Part MMMMMMM-1 directs the Department that the increase in rates of reimbursement must be applied in equal proportion to all home-based and community-based personal care and related services referenced in the Burns & Associates, Inc. report using the funding provided for that purpose in Ch. 284. Ch. 284 provides funding to increase these rates. See Part ZZZZZZ, Section ZZZZZZ-2.
PL 2017 ch. 284 Part TTTT Section TTTT-1 authorizes the Department to adopt rules increasing these rates and level of care limits on an emergency basis without the necessity of demonstrating that immediate adoption is necessary to avoid a threat to public health, safety or general welfare.
The Legislature did not appropriate additional funding for these rate and level of care increases beyond June 30, 2018, therefore, rates and level of care increases will revert to their current levels (pre-July 1, 2017) on July 1, 2018.
This Ch. III emergency rule increases the following rates:
G0299 (0551)-RN Services
G0299 TD UN (0551)-RN Services?multiple patients (2)
G0299 TD UP (0551)-RN Services-multiple patients (3)
G0300 TE (0559)-LPN Services
G0300 TE UN (0559)-LPN Services?multiple patients (2)
G0300 TE UP (0559)-LPN Services?multiple patients (3)
T1000 TD-Independent RN
T1000 TD UN-Independent RN-multiple patients (2)
T1000 TD UP-Independent RN?multiple patients (3)
T1004 (0571)-Home Health Aide/Certified Nursing Assistant Services
T1004 UN (0571)-Home Health Aide/Certified Nursing Assistant Services-multiple patients (2)
T1004 UP (0571)-Home Health Aide/Certified Nursing Assistant Services?multiple patients (3)
T1019 (0589)-Personal Support Services
T1019-Personal Support Services (PCA Agencies only)
T1019 UN-Personal Support Services (PCA Agencies only) multiple patients (2)
T1019 UP-Personal Support Services (PCA Agencies only) multiple patients (3)
S5125 TF (0589)-PCA Supervisit
S5125 TF UN (0589)-PCA Supervisit-multiple patients (2)
S5125 TF UP (0589)-PCA Supervisit?multiple patients (3)
S5125 TF-PCA Supervisit (PCA Agencies only)
S5125 TF UN-PCA Supervist (PCA Agencies only) multiple patients (2)
S5125 TF UP-PCA Supervisit (PCA Agencies only) multiple patients (3)
This Ch. II emergency rule increases the following level of care limits:
Level I
Level II
Level III
Level IV
Level V
Level VIII
Level IX
Pursuant to 5 M.R.S. ? 8054, these emergency rules may be effective for up to ninety (90) days. The Department intends to proceed with routine technical rulemaking to permanently adopt these rules.
These changes are not expected to have an adverse effect on the administrative burdens of small businesses.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: November 14, 2017
AGENCY CONTACT PERSON: Heidi Bechard, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Heidi.Bechard@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 10, Clams and Quahogs: 10.05, Taking of quahogs in the sub-tidal waters of New Meadows Lakes, Brunswick and West Bath
ADOPTED RULE NUMBER: 2017-177
CONCISE SUMMARY: This rule establishes Sunday closed periods and a seasonal closed period for the taking of quahogs in the New Meadows Lakes. Harvesters would be prohibited from fishing or taking quahogs in the New Meadows Lakes on Sundays, and winter months from sunset on December 31 through sunrise on April 1. The winter closed period sunsets April 1, 2019. Recent surveys of the New Meadows Lakes conducted by the Maine Department of Marine Resources indicate a decline in the quahog population. These effort control measures were proposed at meetings with industry members held in the spring of 2017, and are intended to reduce fishing pressure on the quahog resource, and to minimize the mortality associated with winter fishing.
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops; 2017-18 Season
ADOPTED RULE NUMBER: 2017-178
CONCISE SUMMARY: This rule establishes the 2017-2018 scallop fishing season. As in the 2016-2017 season, there is a daily possession limit of 15 gallons for Zone 1 and Zone 2, and a daily possession limit of 10 gallons for Zone 3. For Zone?1, a 60-day season for draggers begins on December 4, 2017 and the last day of the season is April 10, 2018. For Zone 1, a 60-day season for divers starts on December 1, 2017 and the last day of the season is April 15, 2018. For Zone 2, a 70-day season for draggers starts on December 4, 2017 and the last day of the season is March 29, 2018. For Zone 2, a 70-day season for divers starts on December 1, 2017 and the last day of the season is April 14, 2018. For Zone 3, a 55- day season for draggers begins on December 4, 2017 and the last day of the season is March 28, 2018. For Zone 3, a 55-day season for divers begins on December 1, 2017 and the last day of the season is April 14, 2018.
In Zone 1, Casco Bay, Sheepscot River and Muscongus Bay/W. Penobscot Bay Areas, as well as Whiting/Dennys Bays in Zone 3 are Limited Access Areas with reduced harvesting days. In Zone 2, territorial waters surrounding Machias Seal Island and North Rock are open to harvest daily for the month of March 2018, only.
DMR will maintain the following targeted closures based on depletion, high concentrations of seed/sub legal scallops and/or the presence of spat-producing scallops: Muscle Ridge, Lower Muscle Ridge, Eastern Casco Bay, Upper Sheepscot River, Ocean Point, Damariscotta River, New Meadows River, Card Cove and Beals-Jonesport Bridge. Additionally, the daily possession and harvest limits for individuals issued a license under either 12 MRS ?? 6701 and 6302-A are updated to reflect both personal and vessel limits for divers.
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: Technical Corrections and Jonah Crab Claw Exception
ADOPTED RULE NUMBER: 2017-179
CONCISE SUMMARY: This regulation makes technical corrections to Ch. 25. It moves existing lobster trawl limits that are currently in Ch. 55 into Ch. 25, so that all lobster trawl limits are in the same chapter. It strikes expired language regarding second zone tags in Zones B and C, and F and G, now that a statewide second zone tag system is in place. It clarifies language regarding construction of green crab traps. Finally, it creates an exemption that would allow a lobster and crab fishing license holder to possess up to 5 gallons of crab claws detached at sea.
CHAPTER NUMBER AND TITLE: Ch. 44, American Shad: American Shad Limits
ADOPTED RULE NUMBER: 2017-180
CONCISE SUMMARY: This regulation makes a correction to Ch. 44, American Shad, to specify that an individual may not take or possess more than 2 shad per day. Prior to this change the regulation only prohibited possession, which led to challenges with proper enforcement of the intended limitation.
CHAPTER NUMBER AND TITLE: Ch. 55, Gear Restrictions: Technical Corrections
ADOPTED RULE NUMBER: 2017-181
CONCISE SUMMARY: This regulation makes technical corrections to Ch. 55. It corrects an inaccurate reference under 55.06. It deletes existing lobster trawl limits that are currently in Ch. 55 so that they are moved into Ch. 25, so that all lobster trawl limits are now located in the same chapter. It reinstates language regarding fishing in the Sheepscot River, Lincoln County, which had been moved into Ch. 32.
CHAPTER NUMBER AND TITLE: Ch. 115, Vibrio parahaemolyticus Control Plan
ADOPTED RULE NUMBER: 2017-182
CONCISE SUMMARY: This rule incorporates the New Meadows River, north of Bath/State Rd in Brunswick and West Bath, into the existing Vibrio parahaemolyticus (Vp) control plan. The addition of the New Meadows River is intended to reduce the likelihood that American and European oysters (Crassostrea virginica and Ostrea edulis) and hard clams (Mercenaria mercenaria) harvested from the New Meadows River will cause Vp infections in consumers. Independent, biological sampling of hard clams (quahogs) in the New Meadows River has shown positive results for total Vp, so the organism is known to be present in the growing area. The Maine Department of Marine Resources recognizes that the New Meadows River has the environmental characteristics (primarily water and air temperature and salinity) that potentially pose a threat to public health with regard to Vp infections. Research indicates that the most reliable way to minimize potential Vp illnesses is to utilize time and temperature controls.
EFFECTIVE DATE: November 19, 2017
AGENCY CONTACT PERSON: Amanda Ellis, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

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