November 29, 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. 115, Certification, Authorization, and Approval of Educational Personnel: Section 14, Revocation, Suspension, Denial, and Nonrenewal of Certificates, Authorizations, and Approvals
PROPOSED RULE NUMBER: 2017-P176
BRIEF SUMMARY: This rule creates a category within Section 14 of Ch. 115 Part I for Administrative Hold. The 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.
PUBLIC HEARING: None
COMMENT DEADLINE: December 29, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOE RULEMAKING LIAISON: Jaci Holmes, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS ?13011(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE WEBSITE: http://www.maine.gov/doe/ .

AGENCY: 94-457 - Finance Authority of Maine (FAME)
PROPOSED RULE NUMBER: 2017-P177
CHAPTER NUMBER AND TITLE: Ch. 611, Maine College Savings Program, Amendment 16
BRIEF SUMMARY: The rule amendment is necessary to conform to PL 2017 Ch.?200, An Act to Amend the Laws Governing the Membership of the Advisory Committee on College Savings. The rule amendment deletes the provision that the Treasurer of State serves as chair of the committee and provides that the chair of the committee will be appointed annually by the chair of the board of directors of the Finance Authority of Maine.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: December 29, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, PO Box 949, Augusta, ME 04332-0949. Telephone: (207) 620-3515. Fax: (207) 213-2615. TTY: 207-626-2717. Email: kgabrielson@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS ?969-A; 20-A MRS ?11485
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
FAME WEBSITE: www.famemaine.com .
FAME RULEMAKING LIAISON: croney@famemaine.com .

AGENCY: 10-149 - Department of Health and Human Services (DHHS), Office of Aging and Disability Services (OADS)
CHAPTER NUMBER AND TITLE: Ch. 1, Adult Protective Services System
PROPOSED RULE NUMBER: 2017-P178
BRIEF SUMMARY: This rule is being proposed in order to outline Adult Protective Services functions and practices in accordance with 22 MRS ?3493 and eliminate conflicts that currently exist between overlapping Department rules (10-149 CMR ch. 5, ?? 11, 12, 14, and 14-197 CMR ch. 12).
PUBLIC HEARING: December 19, 11:30 a.m., DHHS, 41 Anthony Avenue, Augusta, Maine 04333
COMMENT DEADLINE: January 2, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Erin Salvo, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-2630. Email: Erin.Salvo@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIBS: None
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS ?42; 22 MRS ?3493; 34-B MRS ?5604-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
OADS WEBSITE: http://www.maine.gov/dhhs/oads/index.html .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 14-197 - Department of Health and Human Services (DHHS), Office of Aging and Disability Services (OADS)
CHAPTER NUMBER AND TITLE: Ch. 12, Critical Incident System
PROPOSED RULE NUMBER: 2017-P179
BRIEF SUMMARY: This rule is being proposed in order to outline the categories of Critical Incidents (i.e., Reportable Events) that providers serving any Individual(s) Receiving Services (any adult with Developmental Disabilities, including Intellectual Disabilities or Autism Spectrum Disorder, determined eligible for and receiving services from a provider of services licensed, funded, or regulated in whole or in part by the Department, and adults with Acquired Brain Injury determined eligible for and receiving waiver services from a provider of services licensed, funded, or regulated in whole or in part by the Department) are required to report to the Department to ensure the health and safety of members they serve and to outline the process by which providers make and follow up on such reports. The rule being proposed also outlines the Department's oversight of the Critical Incident System.
PUBLIC HEARING: December 19, 9:00-11 :00 a.m., DHHS, 41 Anthony Avenue, Augusta, Maine 04333
COMMENT DEADLINE: January 2, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Erin Salvo, 11 State House Station, Augusta, ME 04333.Telephone: (207) 287-2630. Email: Erin.Salvo@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 34-B MRS §5604-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
OADS WEBSITE: http://www.maine.gov/dhhs/oads/index.html .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 16, Low-Income Housing Tax Credit Rule
ADOPTED RULE NUMBER: 2017-183
CONCISE SUMMARY: The rule, as repealed and replaced, is the qualified allocation plan for allocating and administering federal low income housing tax credits in the State of Maine, including the 2018 state ceiling of federal low income housing tax credits for the State of Maine.
EFFECTIVE DATE: November 26, 2017
AGENCY CONTACT PERSON: Jodie Stevens, Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600. 711 (Maine Relay). Email: JStevens@MaineHousing.org .
AGENCY WEBSITE: http://www.mainehousing.org/ .
AGENCY RULEMAKING LIAISON: Linda Uhl: LUhl@MaineHousing.org .