December 6, 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
PROPOSED RULE NUMBER: 2017-P180 (supersedes 2017-P176)
BRIEF SUMMARY: The Department is working to streamline and update the rules to comport them to recent statutory changes and to remove redundancy and unnecessary language. The format is being refined to be clear and concise. In brief, the following are some of the more significant changes:
? Consolidates the number of credentials available to three: a clearance, a certificate, and a conditional certificate.
? Creates a pathway to become a teacher based on work experience. A person will be able to use work experience to address knowledge areas that are required for an endorsement.
? Refines and reformats the rule to be more logical and sequential. There has been confusion about sections of the rule and this should help to make it more clear and efficient.
? Part I will be repealed and replaced; Part II will be revised in legislative format
PUBLIC HEARING: December 27, 2017, 12-2 p.m. in Room 103 A & B of the Cross State Office Building, Augusta, Maine
COMMENT DEADLINE: January 18, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: 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: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 118, Purposes, Standards and Procedures for Educational Personnel Support Systems
PROPOSED RULE NUMBER: 2017-P181
BRIEF SUMMARY: This rule is being repealed as the underlying statute 20-A MRS ?13015, Local support Systems, is repealed effective July 1, 2018.
PUBLIC HEARING: None
COMMENT DEADLINE: January 5, 2018
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: None
STATUTORY AUTHORITY FOR THIS RULE: 20-A ?13011
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE WEBSITE: http://www.maine.gov/doe/ .

AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 180, Performance Evaluation and Professional Growth Systems
PROPOSED RULE NUMBER: 2017-P182
BRIEF SUMMARY: This amendment revises Section 11 which involves educator involvement in developing, implementing and reviewing PEPG systems. Specifically, the peer review and collaboration piece has been enhanced to reflect peer support and feedback to include formative peer mentoring and coaching component for all educators new to the SAU and for conditionally certified educators. Secondly for all educators the peer support and feedback is intended for formative purposes only.
PUBLIC HEARING: December 27, 2017, 2-3 p.m. in Room 103 A and B of the Cross State Office Building, Augusta, Maine
COMMENT DEADLINE: January 18, 2018
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: None
STATUTORY AUTHORITY FOR THIS RULE: 20-A ?13706
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE WEBSITE: http://www.maine.gov/doe/ .

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 #01-18
PROPOSED RULE NUMBER: 2017-P183
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: December 21, 2017, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: December 21, 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):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@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 #12-17
ADOPTED RULE NUMBER: 2017-184 (Emergency)
CONCISE SUMMARY: Minimum December 2017 Class I price is $20.13/cwt. plus $1.58/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $0.93/cwt. handling fee for a total of $23.88/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: December 3, 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 .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual ? Adult: Section 27.2, Supervised Community Confinement
ADOPTED RULE NUMBER: 2017-185
CONCISE SUMMARY: The adopted rulemaking requires an additional eligibility requirement to the Supervised Community Confinement rule for a prisoner convicted or charged as an adult with any sex offense so that the prisoner is not be eligible to transfer to supervised community confinement unless the prisoner is within six (6) months of his or her current custody release date. This is in addition to the prior requirement that such a prisoner may not be transferred to supervised community confinement unless the prisoner has undergone sex offender treatment.
Also, the sex offender treatment requirement for female prisoners was changed to reduce the time required for a prisoner to successfully participate in a Department sex offender treatment program from two (2) years to one (1) year. This is consistent with the requirement that a male prisoner complete the intensive phase of a Department residential sex offender treatment program.
Also, in the case of a prisoner charged but not convicted of a sex offense as an adult, the Department?s Director of Classification may now make an exception to either or both requirements.
Another revision is to include a provision that if a prisoner becomes ill or injured or another unforeseen emergency prevents the prisoner from abiding by a curfew, residence, time or travel condition, or returning to the facility when directed to do so, the prisoner shall notify the probation officer as soon as possible for instructions.
Other revisions clarify reporting requirements, notifications, documentation, and?appeals.
EFFECTIVE DATE: December 2, 2017
AGENCY CONTACT PERSON: Mary Lucia, Rulemaking Liaison, Maine Department of Corrections, 111 State House Station, Augusta ME 04333, Telephone: (207) 287-4681. (TTY) Maine Relay 711. Email: Mary.A.Lucia@Maine.gov .
DOC WEBSITE: http://www.maine.gov/corrections/ .

AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual ? Adult: Section 27.3, Supervised Community Confinement
ADOPTED RULE NUMBER: 2017-186
CONCISE SUMMARY: The adopted rulemaking requires an additional eligibility requirement to the Community Transition Program rule for a prisoner convicted or charged as an adult with any sex offense so that the prisoner is not be eligible to participate in a community transition program unless the prisoner is within six (6) months of his or her current custody release date. This is in addition to the prior requirement that such a prisoner may not participate in a community transition program unless the prisoner has undergone sex offender treatment.
Also, the sex offender treatment requirement for female prisoners was changed to reduce the time required for a prisoner to successfully participate in a Department sex offender treatment program from two (2) years to one (1) year. This is consistent with the requirement that a male prisoner complete the intensive phase of a Department residential sex offender treatment program.
Also, in the case of a prisoner charged but not convicted of a sex offense as an adult, the Department's Director of Classification may now make an exception to either or both requirements.
Another revision is to include a provision that if a prisoner becomes ill or injured or another unforeseen emergency prevents the prisoner from going to the location specified, remaining at the specified location during the specified period, or returning from a release by the specified time, the prisoner shall notify the facility as soon as possible for instructions.
An American Correction Association (ACA) standard that addresses that a job on work release provide compensation to prisoners at the prevailing wage rate for that position in the community is included in the rule.
Other revisions clarify reporting requirements, notifications, documentation, and?appeals.
EFFECTIVE DATE: December 2, 2017
AGENCY CONTACT PERSON: Mary Lucia, Rulemaking Liaison, Maine Department of Corrections, 111 State House Station, Augusta ME 04333, Telephone: (207) 287-4681. (TTY) Maine Relay 711. Email: Mary.A.Lucia@Maine.gov .
DOC WEBSITE: http://www.maine.gov/corrections/ .

AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual ? Adult: Section 27.4, Furlough Pass / Furlough Leave Program
ADOPTED RULE NUMBER: 2017-187
CONCISE SUMMARY: The adopted rulemaking requires an additional eligibility requirement to the Furlough Pass/Furlough Leave rule for a prisoner convicted or charged as an adult with any sex offense so that the prisoner is not be eligible to participate in a furlough unless the prisoner is within six (6) months of his or her current custody release date. This is in addition to the prior requirement that such a prisoner may not participate in a furlough unless the prisoner has undergone sex offender treatment.
Also, the sex offender treatment requirement for female prisoners was changed to reduce the time required for a prisoner to successfully participate in a Department sex offender treatment program from two (2) years to one (1) year. This is consistent with the requirement that a male prisoner complete the intensive phase of a Department residential sex offender treatment program.
Also, in the case of a prisoner charged but not convicted of a sex offense as an adult, the Department?s Director of Classification may now make an exception to either or both requirements.
Another revision is to include a provision that if a prisoner becomes ill or injured or another unforeseen emergency prevents the prisoner from going to the location specified, remaining at the specified location during the specified period, or returning from a furlough by the specified time, the prisoner shall notify the facility as soon as possible for instructions.
Other revisions clarify reporting requirements, notifications, documentation, and?appeals.
EFFECTIVE DATE: December 2, 2017
AGENCY CONTACT PERSON: Mary Lucia, Rulemaking Liaison, Maine Department of Corrections, 111 State House Station, Augusta ME 04333, Telephone: (207) 287-4681. (TTY) Maine Relay 711. Email: Mary.A.Lucia@Maine.gov .
DOC WEBSITE: http://www.maine.gov/corrections/ .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 200, Metallic Mineral Exploration, Advanced Exploration and Mining
ADOPTED RULE NUMBER: 2017-188 (Final adoption, major substantive)
CONCISE SUMMARY: This new rule implements the Maine Metallic Mineral Mining Act, 38 MRS ?490-ll et seq., and will repeal and replace the existing Ch. 200, Metallic Mineral Exploration, Advanced Exploration and Mining rule. The rule updates Maine's mining regulations to provide a comprehensive application and permitting process for several types of mining activities, including exploration, advanced exploration and mining.
EFFECTIVE DATE: December 28, 2017
AGENCY CONTACT PERSON / DEP RULEMAKING LIAISON: Jeff Crawford, DEP, 17?State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7647. Email: Jeff.S.Crawford@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .

AGENCY: 12-172 - Department of Labor (DOL), Maine Unemployment Insurance Commission
CHAPTER NUMBER AND TITLE: Ch. 9, Able and Available Requirements
ADOPTED RULE NUMBER: 2017-189
CONCISE 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.
EFFECTIVE DATE: December 9, 2017
AGENCY CONTACT PERSON / DOL RULEMAKING LIAISON: Nina McLaughlin, Director of Policy and Legislative Affairs, Department of Labor, Unemployment Insurance Commission, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. Email: Nina.McLaughlin@Maine.gov .
DOL WEBSITE: http://www.maine.gov/labor/ .

AGENCY: 12-172 - Department of Labor (DOL), Maine Unemployment Insurance Commission
CHAPTER NUMBER AND TITLE: Ch. 16, Benefit Payments to Aliens
ADOPTED RULE NUMBER: 2017-190
CONCISE 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 (DHS) so that the rule does not need to be updated to reflect each new piece of documentation that DHS approves.
EFFECTIVE DATE: December 9, 2017
AGENCY CONTACT PERSON / DOL RULEMAKING LIAISON: Nina McLaughlin, Director of Policy and Legislative Affairs, Department of Labor, Unemployment Insurance Commission, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. Email: Nina.McLaughlin@Maine.gov .
DOL WEBSITE: http://www.maine.gov/labor/ .

AGENCY: 12-172 - Department of Labor (DOL), Maine Unemployment Insurance Commission
CHAPTER NUMBER AND TITLE: Ch. 19, Other Remuneration
ADOPTED RULE NUMBER: 2017-191
CONCISE SUMMARY: Modification of this rule is sought to simplify the allocation rules for other remuneration and modify the treatment of bonus payments to make it more consistent with the Employment Security Law.
EFFECTIVE DATE: December 9, 2017
AGENCY CONTACT PERSON / DOL RULEMAKING LIAISON: Nina McLaughlin, Director of Policy and Legislative Affairs, Department of Labor, Unemployment Insurance Commission, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. Email: Nina.McLaughlin@Maine.gov .
DOL WEBSITE: http://www.maine.gov/labor/ .

AGENCY: 12-172 - Department of Labor (DOL), Maine Unemployment Insurance Commission
CHAPTER NUMBER AND TITLE: Ch. 20, Unemployment Fraud or Misrepresentation by Claimants
ADOPTED RULE NUMBER: 2017-192
CONCISE 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.
EFFECTIVE DATE: December 9, 2017
AGENCY CONTACT PERSON / DOL RULEMAKING LIAISON: Nina McLaughlin, Director of Policy and Legislative Affairs, Department of Labor, Unemployment Insurance Commission, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. Email: Nina.McLaughlin@Maine.gov .
DOL WEBSITE: http://www.maine.gov/labor/ .