July 25, 2018

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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBERS AND TITLES: Ch. 1, Open Water and Ice Fishing Regulations; Ch. 1-A, State Heritage Fish Waters
PROPOSED RULE NUMBER: 2018-P161, P162
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. These regulations are needed to provide for the effective conservation of Maine’s inland fisheries, and enhance fishing opportunities throughout the State. The list of proposals may be obtained from the Agency Contact Person or online at: http://www.maine.gov/ifw . Anyone unable to attend the public hearing may submit written comments on any of the proposals. The Department is also proposing additions and deletions of waters to the State Heritage Fish waters list. The proposals, if adopted, will become effective January 1, 2019, with the exception of one heritage water being removed from the list effective October 1, 2018.
PUBLIC HEARING: Tuesday August 14, 2018 @ 6:00 p.m. – Hilton Garden Inn, Ballroom C, 250 Haskell Road, Bangor
COMMENT DEADLINE: August 24, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 12452 & 12461
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 02-380 - Maine State Board of Nursing (affiliated with the Department of Professional and Financial Regulation – PFR)
RULE TITLE OR SUBJECT: Ch. 3, General Requirements Relating to Licensure
PROPOSED RULE NUMBER: 2018-P163
CONCISE SUMMARY: The proposed changes to Ch. 3 update the information to current practice, and increase the fee for verification of licensure from $10.00 to $30.00 to align the fee with the fee for NURSYS verification of license.
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: August 24, 2018
BOARD CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Virginia deLorimier, Maine State Board of Nursing, 158 State House Station Augusta, ME 04333-0158. Telephone: (207) 287-1147. Email: Virginia.E.DeLorimier@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRS §2153-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: http://www.maine.gov/boardofnursing .
PFR WEBSITE: http://www.maine.gov/pfr/index.shtml .

ADOPTIONS

AGENCY: 90-351 - Workers’ Compensation Board
CHAPTER NUMBERS AND TITLES:
Ch. 1, Payment of Benefits
Ch. 2, Section 213 Compensation for Partial Incapacity
Ch. 3, Form Filing
Ch. 4, Independent Medical Examiner
Ch. 5, Medical Fees; Reimbursement Levels; Reporting Requirements
Ch. 6, Rehabilitation
Ch. 7, Utilization Review, Treatment Guidelines, Permanent Impairment
Ch. 8, Procedures for Payment
Ch. 9, Procedures for Coordination of Benefits
Ch. 12, Formal Hearings
Ch. 13, Rules of Appellate Division
Ch. 14, Review by Full Board
Ch. 15, Penalties
Ch. 16, Confidentiality of Files
Ch. 18, Examinations by Impartial Physician(s) Pursuant to 39-A MRSA Section 611
ADOPTED RULE NUMBER: 2018-122 thru 136
CONCISE SUMMARY: The changes define terms, prescribe forms and clarify procedures regarding the processing and payment of workers’ compensation claims.
EFFECTIVE DATE: September 1, 2018
AGENCY CONTACT PERSON / RULEMAKING LIAISON: John C. Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station, Augusta, ME 04333. Telephone: (207) 287-7086. Email: John.Rohde@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/wcb/ .

AGENCY: 94-591 – Motor Carrier Review Board (affiliated with the Bureau of Motor Vehicles, Secretary of State)
CHAPTER NUMBER AND TITLE: Ch. 1, Bylaws of the Maine Motor Carrier Review Board
ADOPTED RULE NUMBER: 2018-137
CONCISE 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. 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.
EFFECTIVE DATE: July 24, 2018
AGENCY CONTACT PERSON: Garry Hinkley, Motor Carrier Services - Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME 04333. Telephone: (207) 624-9055. Fax: (207) 622-5332. TTY Maine relay 711. Email: Garry.Hinkley@Maine.gov .
BOARD WEBSITE: https://www.maine.gov/sos/bmv/commercial/mcrb.html .
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCY: 94-591 – Motor Carrier Review Board (affiliated with the Bureau of Motor Vehicles, Secretary of State)
CHAPTER NUMBER AND TITLE: Ch. 2, The Process for the Selection and Review of Motor Carriers with Significant and Repeated Safety Violations
ADOPTED RULE NUMBER: 2018-138
CONCISE 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.
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. Establishing a “Threshold Limit” process for selection, warning and suspension of motor carriers.
EFFECTIVE DATE: July 24, 2018
AGENCY CONTACT PERSON: Garry Hinkley, Motor Carrier Services - Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME 04333. Telephone: (207) 624-9055. Fax: (207) 622-5332. TTY Maine relay 711. Email: Garry.Hinkley@Maine.gov .
BOARD WEBSITE: https://www.maine.gov/sos/bmv/commercial/mcrb.html .
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCY: 94-591 – Motor Carrier Review Board (affiliated with the Bureau of Motor Vehicles, Secretary of State)
CHAPTER NUMBER AND TITLE: Ch. 3, Hearing Procedures
ADOPTED RULE NUMBER: 2018-139
CONCISE 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.
EFFECTIVE DATE: July 24, 2018
AGENCY CONTACT PERSON: Garry Hinkley, Motor Carrier Services - Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME 04333. Telephone: (207) 624-9055. Fax: (207) 622-5332. TTY Maine relay 711. Email: Garry.Hinkley@Maine.gov .
BOARD WEBSITE: https://www.maine.gov/sos/bmv/commercial/mcrb.html .
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCY: 16-633 – Department of Public Safety (DPS), Gambling Control Unit
CHAPTER NUMBERS AND TITLES:
Ch. 30, Rules Relating to Beano and Bingo by Federally Recognized Indian Tribes (formerly 16-222, Maine State Police, ch. 7)
Ch. 31, Rules Relating to Beano (formerly 16-222, Maine State Police, ch. 3)
Ch. 32, Rules and Regulations relating to Games of Chance (formerly 16-222, Maine State Police, ch. 2)
ADOPTED RULE NUMBERS: 2018-140 thru 142
CONCISE SUMMARY: Update rules according to statute changes for non-profit gaming in the state of Maine.
EFFECTIVE DATE: July 25, 2018
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Milton Champion, Executive Director, Gambling Control Board, 45 Commerce Drive - Suite 3 (87 State House Station), Augusta ME 04333-0087. Telephone: (207) 626-3901. Email: Milton.F.Champion@Maine.gov .
GAMBLING CONTROL UNIT WEBSITE: http://www.maine.gov/dps/GambBoard/index.html .
DPS WEBSITE: http://www.maine.gov/dps/ .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Herring Regulations: 36.01, Herring Management Plan
ADOPTED RULE NUMBER: 2018-143 (Emergency)
CONCISE SUMMARY: Atlantic herring may only be landed from Management Area 1A on days that have been designated landing days by the Atlantic States Marine Fisheries Commission (ASMFC). During the Days Out conference call on July 17, 2018, the Atlantic Herring Section determined landing days for all vessels issued a Federal Limited Access Atlantic Herring Category A Permit for Management Area 1A, Trimester 2 (June 1 - September 30) may be five consecutive days, beginning on 6:00 p.m. Sunday to 6:00 p.m. Friday and vessels are limited to landing 640,000 lbs. (16 trucks) weekly; and, may transfer to one carrier vessel per week up to 160,000 lbs. (4 trucks). All vessels issued a Federal Limited Access Atlantic Herring Permit Category C may fish and land Atlantic herring seven days a week and may transfer no more than 120,000 lbs. weekly to a carrier. All vessels landing herring caught in Management Area 1A in any Maine port are limited to one landing per 24 hour period (6:00 p.m. to 6:00 p.m.). The Commissioner has determined that it is necessary to take emergency action to implement these limitations to prevent the depletion of the supply of Atlantic herring and to comply with the changes to the interstate management of the Atlantic herring resource. The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS §6171(3)(C).
EFFECTIVE DATE: July 21, 2018
AGENCY CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .