January 9, 2019

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.

NOTICE

AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections and Commissions
RULE TITLE OR SUBJECT: Request for Comments on the Maine Administrative Procedure Act (APA)
CONCISE SUMMARY: By the end of January, 2019, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include a summary on these recommendations in the report. Please submit comments via e-mail or U.S. postal.
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 24, 2019
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary of State, 101 State House Station, Augusta, ME 04333. Telephone: (207) 624-7650. Fax: (207) 287-6545. E-mail: Don.Wismer@Maine.gov .
STATUTORY AUTHORITY: 5 MRS §8056-A
WEBSITE: http://www.maine.gov/sos/cec/rules/index.html .

PROPOSALS

AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures
PROPOSED RULE NUMBER: 2018-P291
BRIEF SUMMARY: Entering into a promise or agreement to pay for campaign goods or services must be disclosed as a debt in campaign finance reports. In the annual disclosure statements of personal income sources, the Commission may require officials to enter a category for a gift, such as transportation or conference fees.
PUBLIC HEARING: Wednesday, January 30, 2019 @ 9:00 a.m., Commission Office, 45 Memorial Circle, Second Floor, Augusta, Maine
COMMENT DEADLINE: 5:00 p.m. on Monday, February 11, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Katie Feliciano, Commission Assistant, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333. Telephone: (207) 287-4179. Email: Katie.Feliciano@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No impact
STATUTORY AUTHORITY FOR THIS RULE: 1 MRS §§ 1003(1), 1016-G(4); 5 MRS §19(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
AGENCY WEBSITE: http://www.maine.gov/ethics .
COMMISSION RULEMAKING LIAISON: Jonathan.Wayne@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 32, Eels: Elver Quota System for the 2019 Season
PROPOSED RULE NUMBER: 2019-P001
BRIEF SUMMARY: This proposed rulemaking establishes the elver quota allocations for the 2019 season for individuals licensed under §§ 6505-A and 6302-A, and the method of calculating individual elver quota allocations for individuals licensed under 6505-A. 2019 allocations for individuals who held a license in 2018 will be the same as their 2018 allocations, plus any quota associated with licenses not renewed in 2018, or licenses suspended for the duration of the 2019 season, which will be distributed evenly to all license holders. This proposed rule-making also prohibits more than one elver dealer from engaging in the licensed activities at the same physical address, and requires that transfers from vehicles to permanent facilities include all the contents of the vehicle. Finally, the proposed rule establishes a process by which Maine Marine Patrol will monitor and seal the packing of elvers for export.
PUBLIC HEARINGS:
5:00 p.m. - January 28, 2019, Jeff’s Catering, Brewer, ME
5:00 p.m. - January 29, 2019, Room 118 - DMR Offices, Marquardt Building, Augusta, ME
(Snow date: 5:00 p.m. - January 30, 2019, Room 118 - DMR Offices, Marquardt Building, Augusta, ME)
Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: February 11, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6505-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Atlantic Herring: 2019 Season
PROPOSED RULE NUMBER: 2019-P002
BRIEF SUMMARY: This proposed rule-making clarifies the reporting requirement such that all directed herring trips must report daily using the herring.dmr@maine.gov landings email. Additionally, this regulation proposes a daily trip limit on state only permitted vessels directing on Atlantic herring of 6,600 pounds.
PUBLIC HEARING: January 29, 2019 at 4:00 p.m., DMR Conference Room - Marquardt Building, 32 Blossom Lane, Augusta. (Snow date scheduled for January 30, 2019 at 4:00 p.m.) Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: February 13, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 6171, 6722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 41, Menhaden: 2019 Menhaden Fishery Program
PROPOSED RULE NUMBER: 2019-P003
BRIEF SUMMARY: This proposed rulemaking clarifies the reporting requirements for all Atlantic menhaden fishery operations. This rule re-instates a personal use regulation for hook and line harvest. Fixed gear operations may operate under exemptions that allow for seven day harvesting practices.
PUBLIC HEARING: January 29, 2019 at 4:30 p.m., DMR Conference Room, Marquardt Building, 32 Blossom Lane, Augusta. (Snow date scheduled for January 30, 2019 at 4:30 p.m.) Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: February 13, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 6171, 6722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 28-248 - Office of the State Treasurer
CHAPTER NUMBER AND TITLE: Ch. 103, ABLE ME Savings Program
PROPOSED RULE NUMBER: 2019-P004
BRIEF SUMMARY: This routine technical rule defines the duties of the Treasurer, Program Manager, and other contractors in providing Maine’s ABLE program for the benefit of disabled Mainers, consistent with the requirements of the federal Achieving a Better Life Experience Act of 2014, Public Law 113-295.
PUBLIC HEARING: N/A
COMMENT DEADLINE: February 9, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / AGENCY RULEMAKING LIAISON: Matthew Colpitts, Deputy Treasurer, 39 State House Station, Augusta, ME 04333. Telephone: (207) 624-7477. Fax: (207) 287-2367. TTY: Maine Relay 711. Email: Matthew.Colpitts@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §156
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: federal Achieving a Better Life Experience Act of 2014, Public Law 113-295.
AGENCY WEBSITE: www.maine.gov/treasurer/ .

ADOPTIONS

AGENCY: 65-625 – Maine Public Utilities Commission (MPUC), Emergency Services Communications Bureau
CHAPTER NUMBER AND TITLE: Ch. 4, Requirements for the Dispatch Center Consolidation Grant Program
ADOPTED RULE NUMBER: 2018-276
CONCISE SUMMARY: The Public Utilities Commission adopts a new rule to implement recently enacted legislation (P.L. 2017 ch. 428) that authorizes a grant program to assist dispatch centers consolidate into Public Safety Answering Points (PSAPs).
EFFECTIVE DATE: January 1, 2019
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Jamie Waterbury, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1360. Email: Jamie.A.Waterbury@Maine.gov .
BUREAU WEBSITE: https://www.maine.gov/maine911/ .

AGENCY: 29-255 - Secretary of State, Maine State Archives
CHAPTER NUMBER AND TITLE: Ch. 10, Rules for Disposition of Local Government Records
ADOPTED RULE NUMBER: 2018-277 (Repeal)
CONCISE SUMMARY: The purpose of this filing is to repeal the Ch. 10 rule. Statutory authority for this rule is listed as: 5 MRS ch. 6 §95-B; 30-A MRS §1705. 30-A MRS §1705 has already been repealed. Title 5 ch. 6 details the duties of the State Archivist. State and Local Government records encompass both of these duties. However, it has become increasingly more and more difficult to meet the needs and demands of our local government constituents and develop proper guidance and procedures required due to the nature of the extensive rulemaking process when there are already specific guidelines written in statute with which both state and local government agencies must comply. State agencies are allowed to submit new schedules and amendments to the Records Management office at any time and have their submissions reviewed in a timely manner. Local government agencies must wait for a very lengthy process for any changes to occur. We have found no basis for why the local schedules are handled differently than the state agency or general state schedules. We have looked at the history of both the Archives Advisory Board minutes, the prior Local Government Board and County Boards and have not found any concrete evidence as to why this was put in place other than to give towns and/or the public the opportunity for input. However, this is also accomplished by having an appointed Board made up of people from various backgrounds and having public meetings where local records are discussed.
Local governments will continue to comply with Local Government Schedules created and issued by the Maine State Archives and follow those schedules under 5 MRS ch. 6 §95-B, which states: "Each local government official shall comply with the standards, procedures and regulations issued by the Archives Advisory Board." It is our plan to continue the local government standards and schedules regulated through the State Archivist and Board, as specified in statute. Ch. 10, Rules for Disposition of Local Government Records, will be replaced with Local Government Schedules. There will be no disruption in services to the municipalities as this will be an immediate change. Comprehensive design and direction will remain much the same as current Ch. 10 rules. Our overall mission is to make this a more efficient and effective process for all parties involved. Schedules will continue to be posted to our website, we will send electronic or paper documentation upon request and we will provide guidance and assistance as we do now.
EFFECTIVE DATE: January 2, 2019
ARCHIVES CONTACT PERSON: Tammy Marks, Maine State Archives, 230 State Street - 84 State House Station, Augusta, ME 04330. Telephone: (207) 287-5799. Email: Tammy.Marks@Maine.gov .
ARCHIVES WEBSITE: http://www.maine.gov/sos/arc/index.html .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Scallops: 11.08, Targeted Closures: (8) Machias and Little Machias Bays
ADOPTED RULE NUMBER: 2018-278 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking to implement a conservation closure in Machias and Little Machias Bays within the Machias Bay Rotational Area to protect Maine’s scallop resources from the risk of unusual damage and imminent depletion. The Department is concerned that continued harvesting for the duration of the 2018-19 fishing season in this small area will greatly reduce the abundance of the remaining broodstock as well as seed scallop resource that is essential to the ongoing recruitment, regrowth and recovery of the scallop resource. An immediate conservation closure is necessary to reduce the risk of unusual damage and imminent depletion of the scallop resource in a portion of the Machias Bay Rotational Area.
For these reasons, the Commissioner hereby adopts an emergency closure of Maine’s scallop fishery in these areas as authorized by 12 MRS §6171(3)(A).
EFFECTIVE DATE: December 30, 2018
DMR CONTACT PERSON: Melissa Smith (Telephone: (207) 624-6558), Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Fax: (207) 624-6024. TTY: (888) 577-6690 (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 .

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 Section 19, Home and Community Benefits for the Elderly and Adults with Disabilities
ADOPTED RULE NUMBER: 2019-001
CONCISE SUMMARY: The Department is adopting this rule in accordance with PL 2017 ch. 459, An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (“Act”). This Act provides funding to increase personal care and related services provided under Section 19. The Act further directs the Department to “ensure that caps and limitations on home-based and community-based services are increased to reflect increases in reimbursement rates that result from this Part,” and that “A recipient of services may not experience a reduction in hours solely as a result of increased reimbursement” (Act, Sec. B-3).
The Department is adopting rules for Sec. 19 Ch. III, as directed in the Act, and increasing personal care and related rates, simultaneously with the adoption of these Ch. II rules. In accordance with the Act, therefore, this Ch. II rulemaking raises the program cap to $5,425.00 per member per month (Section 19.06(A)).
On October 9, 2018, the Department adopted the increased cap through emergency rulemaking. This rulemaking permanently adopts the emergency cap increase.
In addition, the Department adopts the following changes to this rule:
1. Adds a requirement for Electronic Visit Verification (“EVV”), consistent with the requirements of Section 12006 of the 21st Century CURES Act (PL 114-255), as codified in 42 USC §1396b(l)(1). THIS CHANGE REQUIRES CMS APPROVAL, BUT IS EFFECTIVE PENDING APPROVAL.
2. Adds an exception to the Limit of 40/hours week of service by an individual worker that is reimbursable. The exception is for a Member who is at risk for institutionalization unless the individual worker can be reimbursed for more than 40 hour/week. The provision sets forth criteria for the Department to consider in its evaluation of the request. The provision also adds that the Department’s decision must be in writing, and given to the Member. Members can appeal an adverse decision. This exception language is required pursuant to the Settlement Agreement in Roy v. Dept. of Health and Human Services, U.S. Dist. Ct., D. Me., Civil No. 1:16-cv-00592-NT. THIS CHANGE REQUIRES CMS APPROVAL BUT IS EFFECTIVE PENDING APPROVAL.
3. Deletes a provision in §19.02-3(H) that provided that a portion of the member capacity for this Section 19 service would be reserved for members eligible and participating in the Department’s Follow the Money (Homeward Bound) program. The Department is deleting this provision since there is no waiting list for the Section 19 service, and so it is unnecessary to reserve capacity. In addition, the Department will shortly submit an amendment to the Section 19 waiver which will significantly increase the number of funded openings for Section 19 services over the next five years. CMS HAS APPROVED THIS CHANGE.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: January 7, 2019
OMS CONTACT PERSON: Rachel Posner, Comprehensive Health Planner, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6951. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Rachel.Posner@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@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 19, Home and Community Benefits for the Elderly and Adults with Disabilities
ADOPTED RULE NUMBER: 2019-002
CONCISE SUMMARY: The Department is adopting this routine technical rule in accordance with PL 2017 ch. 459 Part B, An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (“Act”). The Act requires the Department to amend its rules for reimbursement rates 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. III Section 19, Home and Community Benefits for the Elderly and for Adults with Disabilities 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. These increased rates will be effective retroactive to July 1, 2018.
On October 9, 2018, the Department adopted these rate increases via emergency rulemaking, with a retroactive effective date of July 1, 2018. In this rulemaking the Department is now permanently adopting these Section 19 rule changes.
The adopted rule increases rates for 30 procedure codes. In addition, the rule adds in the code and rate for Home Health Aide Visit—Home Health Services, which was inadvertently deleted during final adoption of this rule in January 2018.
These increased rates will be effective retroactive to July 1, 2018. The Department has determined that a retroactive increase to the beginning of the state fiscal year is appropriate, since the appropriation is intended for the entire fiscal year. The retroactive application comports with 22 MRS §42(8) which authorizes the Department to adopt rules with a retroactive application for a period not to exceed eight calendar quarters and there is no adverse financial impact on any MaineCare member or provider. In addition, the Department sought, and obtained approval, from the Centers for Medicare and Medicaid Services (“CMS”) to submit a waiver amendment making the rate changes retroactive to July 1, 2018.
In addition to this adopted rulemaking for Ch. III Section 19, the Department is simultaneously adopting rules for Ch. II Sec. 19, which rulemaking raises the program cap, in accordance with the Act.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: January 7, 2019
OMS CONTACT PERSON: Rachel Posner, Comprehensive Health Planner, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6951. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Rachel.Posner@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 29-250 - Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 110, Non-Governmental Registration Agent and Resident Agent Requirements
ADOPTED RULE NUMBER: 2019-003
CONCISE SUMMARY: This rule establishes the requirements for Non-governmental registration agents and resident agents pursuant to 29-A MRS §204. (Collectively, “registration agents.”) The rule sets forth requirements for training, equipment and software, reporting, inventory control, audit, and suspension and hearings for registration agents. A Non-governmental registration agent may be authorized to collect registration, title and related taxes and fees, and to issue registration credentials and indicia. A Non-governmental registration agent is authorized and required to transmit registration data to the Bureau of Motor Vehicles. A registration agent may be authorized to process motor vehicle registrations, and annual and long term trailer registrations. A registration agent may be authorized to have plate and validation inventory, and to issue motor vehicle credentials.
The rule is being amended to clarify the definitions of Non-governmental registration agent and resident agent, to clarify certain training requirements, and to clarify certain office security requirements. The rule also is being amended to allow Non-governmental agents to develop their own computer processing systems with the permission of the Bureau of Motor Vehicles.
EFFECTIVE DATE: January 9, 2019
BMV CONTACT PERSON: Garry Hinkley, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9055. Email: Garry.Hinkley@Maine.gov .
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov .