May 29, 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.

PROPOSALS

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2019-P077
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing a change to the General Law for fishing regulations in the North Region (Franklin, Somerset, Piscataquis, Aroostook, and northern portions of Oxford and Penobscot Counties) to further protect wild trout waters, including tributaries and outlets of heritage ponds in the North Region. This proposed rule is an amended version of a previous proposal advertised on February 27, 2019. Based on public comment received during the previous comment period, the rule is being re-advertised with a refined list of exceptions. The current proposal will prohibit use and possession of live fish as bait, except where designated by special rule, reducing the chance of new introductions of baitfish and other fish in the vast majority of flowing waters, dead-waters and small ponds in the North Region. The majority of waters with traditional use of live fish as bait will continue to allow such use under this proposal by addition of a special code. A new section in General Law titled “Terminal Gear” is also being proposed. The list of affected waters and amended General Law may be obtained from the Agency Contact Person below or online at: http://www.maine.gov/ifw . If adopted, the proposal will become effective January 1, 2020. Members of the public are encouraged to review the proposal and provide comments by either attending the public hearing or submitting written comments by mail or email to the contact person for this filing. Written comments received are considered equally to testimony given at the public hearing.
PUBLIC HEARING: June 17, 2019 @ 4:00 p.m., Maine Department of Inland Fisheries and Wildlife, 284 State Street, Augusta, ME
COMMENT DEADLINE: June 27, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 12453, 12454
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting: 16.07, Deer Hunting (4.A.)(6.)
PROPOSED RULE NUMBER: 2019-P078
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife is proposing to adopt antlerless deer permit (ADP) numbers for the 2019 regular deer hunting season and special muzzle-loading season by setting specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:
WMD - # of Permits
WMD 1 - 0 permits
WMD 2 - 25 permits
WMD 3 - 25 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 100 permits
WMD 7 - 0 permits
WMD 8 - 25 permits
WMD 9 - 25 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 - 0 permits
WMD 13 - 0 permits
WMD 14 - 25 permits
WMD 15 - 3,150 permits
WMD 16 - 6,100 permits
WMD 17 - 8,200 permits
WMD 18 - 125 permits
WMD 19 - 0 permits
WMD 20 - 6,000 permits
WMD 21 - 8,250 permits
WMD 22 - 9,700 permits
WMD 23 - 9,750 permits
WMD 24 - 6,400 permits
WMD 25 - 7,900 permits
Subunit 25a - 270 bonus permits
WMD 26 - 325 permits
Subunit 26a - 200 bonus permits
WMD 27 - 25 permits
WMD 28 - 25 permits
WMD 29 - 1,500 permits
TOTAL PERMITS: 68,145
In addition to annual ADP recommendations, the Department is also recommending issuance of bonus antlerless deer permits in two subunits, Subunit 25a and 26a. These additional permits will allow for additional opportunity to harvest deer in areas experiencing elevated levels of Lyme disease, deer-vehicle collisions and public complaints about deer. A complete copy of the proposal may be requested by contacting the Agency Contact Person listed below.
PUBLIC HEARING: Thursday, June 20, 2019 @ 5:30 p.m., Augusta Armory, Room 209, 179 Western Avenue, Augusta, ME
COMMENT DEADLINE: July 1, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 11152, 11401
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 880, Attachments to Joint-Use Utility Poles; Determination and Allocation of Costs; Procedure
PROPOSED RULE NUMBER: 2019-P079
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking to amend Ch. 880 of the Commission's Rules regarding attachments to joint use utility poles. The Commission proposes to substantively amend the portions of Ch. 880 that concern rate formulae and allocation of costs. The Commission also proposes certain amendments to other portions of Ch. 880 for purposes of clarifying previous changes to the rule.
Date, time and location of PUBLIC HEARING: June 19, 2019 - 1:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347
COMMENT DEADLINE: July 12, 2019. Interested persons may file final written comments on the proposed Rule in the Commission’s Case Management System no later than Friday, July 12, 2019. Commenters should refer to Docket Number 2019-00028 when submitting comments. All comments will appear in the Case Management System, which is accessible from the Commission’s web site.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jody McColman, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1365. Email: Jordan.D.McColman@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 111, 301, 711, 7903, 8302; PL 2017 ch. 199
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine.gov/mpuc/ .
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@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 & III Section 45, Hospital Services
PROPOSED RULE NUMBER: 2019-P080
CONCISE SUMMARY: This rule is proposed to comply with PL 2017 ch. 454, An Act to Require Reimbursement to Hospitals for Patients Awaiting Placement in Nursing Facilities. Effective January 1, 2019, the Act requires the Department to reimburse acute care non-critical access hospitals for each day after the 10th day that a MaineCare eligible individual is in the care of the hospital while awaiting placement in a nursing facility. The Department will reimburse at the statewide average rate per MaineCare member day for nursing facility services. The statewide average rate will be computed based on the simple average nursing facility rate per MaineCare member day for the applicable state fiscal year or years prorated for the hospital’s fiscal year. Reimbursement for days awaiting placement pursuant to this section is limited to a maximum of $500,000 of combined state General Fund funds and federal funds for each year. The Act further requires this section be repealed on December 31, 2023.
Additionally, this rulemaking clarifies modifier usage by Outpatient Provider-Based Departments (PBDs) when submitting MaineCare claims by informing providers that the CMS created HCPCS “PO” modifier for hospital outpatient claims is not required on MaineCare claims to identify excepted items and services furnished in an excepted off-campus provider-based department of a hospital.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
DATE AND PLACE OF PUBLIC HEARING: June 17, 2019 at 9:00 a.m., State Office Building - Maine A Conference Room, 109 Capitol Street, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before June 7, 2019.
COMMENT DEADLINE: Comments must be received by 11:59 p.m. on June 27, 2019.
OMS CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Anne E. Labonte, Comprehensive Health Planner II, Office of MaineCare Services, 11 State House Station - 242 State Street, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TDD/TTY 711. Email: Anne.Labonte@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42, 3173; PL 2019 ch. 454
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 16-633 – Department of Public Safety (DPS), Gambling Control Board
CHAPTER NUMBERS AND TITLES OF THE RULES:
Ch. 2, Licenses and Applications
Ch. 4, License Records
Ch. 5, Internal Controls (including Appendix A, Minimum Internal Controls)
PROPOSED RULE NUMBERS: 2019-P081, P082, P083
CONCISE SUMMARY: The rule package repeals the identification of coins, tokens, hoppers and drop buckets for use in slot machines. There are none and have not been any use of these since inception. All slot machines today are considered ticket in and ticket out which accepts tickets and/or currency only.
PUBLIC HEARING: none (written comments only)
DEADLINE FOR COMMENTS: June 28, 2019
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Milton Champion, Executive Director, Gambling Control Unit, 45 Commerce Drive - Suite 3, Augusta ME 04333-0087. Telephone: (207) 626-3901. Email: Milton.F.Champion@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRS §1003(1)(B) & (C)
AGENCY WEBSITE: https://www.maine.gov/dps/gamb-control/ .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 32 (Repeal), Electric Utilities Service Standards
PROPOSED RULE NUMBER: 2019-P084
BRIEF SUMMARY: The Public Utilities Commission proposes to repeal Ch. 32 and adopt a new rule (Ch. 320) in compliance with legislative directive. Ch. 320 was recently approved by the Legislature and is in the process of being finally approved by the Commission.
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: June 28, 2019. Written comments on the proposal to repeal Chapter 32 may be filed until Friday, June 28, 2019. Written comments should refer to the docket number of this proceeding, Docket No. 2018-00270 and be submitted through the Commission’s case management system.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Leslie Raber, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1562. Email: Leslie.Raber@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 704 and 1308
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine.gov/mpuc .
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations
PROPOSED RULE NUMBER: 2019-P085
BRIEF SUMMARY: In order to be consistent with the National Marine Fisheries Service (NMFS) federal proposed rulemaking anticipated to be finalized shortly, the Department is proposing regulatory changes for charter, party and recreational fishing vessels operating in state waters regarding cod and haddock. For the recreational fishery, this proposal would allow harvesters to take or possess one cod per day in state waters. Cod may not be possessed on board a charter, party or recreational fishing vessel from October 1 through April 14 inclusive, and May 1 through September 14 inclusive. For cod, a minimum size limit of 21" (53.3 cm) would be established. The rule would also implement increased recreational possession limits for haddock from 12 to 15 fish. Finally, seasonal restrictions on recreational haddock possession are being reduced, so that haddock may not be possessed on board a recreational fishing only from March 1 through April 14. In addition to complying with federal law, this regulation will increase fishing opportunity in Maine State waters.
PUBLIC HEARING: None
COMMENT DEADLINE: June 28, 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).
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6171
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Maine Revenue Services (MRS)
CHAPTER NUMBER AND TITLE: Ch. 302, Sales to Governmental Agencies and Exempt Organizations
PROPOSED RULE NUMBER: 2019-P086
BRIEF SUMMARY: Rule 302 establishes administrative rules regarding tax-exempt sales and explains the circumstances under which a retailer or service provider will be relieved of its burden of proving that sales to an entity described in Title 36, sections 1760 or 2557, including an agency or instrumentality of the federal government or of the State of Maine, are exempt from Maine sales, use, or service provider tax.
MRS is proposing to amend Rule 302 to include references to the service provider tax, and to update the references to the GSA SmartPay program.
PUBLIC HEARING: none
COMMENT DEADLINE: July 14, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Alex Weber, General Counsel, Maine Revenue Services, P.O. Box 1060, Augusta, ME 04332-1060. Telephone: (207) 624-9712. Fax: (207) 287-3618. Email: Alexander.J.Weber@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS §112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MRS WEBSITE: www.maine.gov/revenue .
DAFS RULEMAKING LIAISON: Anya.Trundy@Maine.gov .

AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Maine Revenue Services (MRS)
CHAPTER NUMBER AND TITLE: Ch. 304, Sales and Use Tax Returns and Payments
PROPOSED RULE NUMBER: 2019-P087
BRIEF SUMMARY: Rule 304 establishes requirements for the filing of sales and use tax returns and the payment of taxes due pursuant to Title 36 ch. 219.
Rule 304 is being amended to reflect that the supplemental report that MRS formerly required retailers of vehicles, watercraft, and manufactured housing to file are no longer required; instead, the completed supplemental report must be maintained in the records of the retailer and made available for inspection by the assessor.
PUBLIC HEARING: none
COMMENT DEADLINE: July 14, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Alex Weber, General Counsel, Maine Revenue Services, P.O. Box 1060, Augusta, ME 04332-1060. Telephone: (207) 624-9712. Fax: (207) 287-3618. Email: Alexander.J.Weber@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS §112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MRS WEBSITE: www.maine.gov/revenue .
DAFS RULEMAKING LIAISON: Anya.Trundy@Maine.gov .

AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Maine Revenue Services (MRS)
CHAPTER NUMBER AND TITLE: Ch. 318, Instrumentalities of Interstate or Foreign Commerce
PROPOSED RULE NUMBER: 2019-P088
BRIEF SUMMARY: Maine Revenue Services is repealing and replacing Rule 318 because the controlling statutory provision, 36 MRS §1760(41), which provides an exemption from sales and use tax for certain instrumentalities of interstate or foreign commerce, was repealed (LD 1805, PL 2017 c. 375 part I) and replaced with 36 MRS §1760(41-A). Under 36 MRS §1760(41-A), the sales and use tax exemption is expanded by specifying that, in certain situations, property waiting to be loaded or unloaded is considered to be placed in use in interstate or foreign commerce. Also, 36 MRS §1760(41-A) provides that a trailer, semitrailer, or tow dolly being used by an entity other than the owner is eligible for the exemption if there is a written interchange agreement between the owner and the other entity and the transportation is interstate in nature. The expanded exemption is effective for purchases made on or after January 1, 2012.
DETAILED SUMMARY: Maine Revenue Services is repealing and replacing Rule 318 because the controlling statutory provision, 36 MRS §1760(41), which provides an exemption from sales and use tax for certain instrumentalities of interstate or foreign commerce, was repealed (LD 1805, PL 2017 c. 375 part I), and replaced with 36 MRS §1760(41-A). The expanded exemption is effective for purchases made on or after January 1, 2012.
The expanded exemption in 36 MRS §1760(41-A) is similar to the previous exemption but differentiates in several ways, including, but not limited to, the following: (1) property dispatched for use in interstate and foreign commerce is considered in use from the date of dispatch through the date it arrives back at its principal place of business, or is dispatched for use in connection with a new bona fide payload, whichever occurs first; (2) any day or portion of a day in which property is used in interstate or foreign commerce is computed as a full day of qualifying use; (3) a full day during which the property in question is being stored, repaired, or maintained is disregarded for purposes of the statutory 80% eligibility computation; (4) for purposes of the exemption, use of a trailer, semitrailer or two dolly pursuant to a written interchange agreement (as described in the Code of Federal Regulations) between the purchaser and an authorized motor carrier is considered use by the purchaser; and (5) identifying the time of payment of use tax and applicable interest should a vehicle originally claimed to be exempt not meet the days in use requirement during the first two years the property was placed in service.
PUBLIC HEARING: none
COMMENT DEADLINE: July 14, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Alex Weber, General Counsel, Maine Revenue Services, P.O. Box 1060, Augusta, ME 04332-1060. Telephone: (207) 624-9712. Fax: (207) 287-3618. Email: Alexander.J.Weber@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS §112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MRS WEBSITE: www.maine.gov/revenue .
DAFS RULEMAKING LIAISON: Anya.Trundy@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab (Fishing)
PROPOSED RULE NUMBER: 2019-P089
BRIEF SUMMARY: This proposed regulation defines the area in the Bay of Fundy referred to as the “gray zone” that encompasses approximately 210 square miles around Machias Seal Island where there are overlapping claims of sovereignty by the United States and Canada. In Resolves 2019 ch. 23, the Legislature directed the Commissioner of Marine Resources to adopt regulations to define this area to ensure the boundaries of this area are clearly delineated.
PUBLIC HEARING: None
COMMENT DEADLINE: June 28, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing)
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6171; Resolves 2019 ch. 23
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DMR WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov

ADOPTIONS

AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND RULE TITLE: Ch. 270, Uniform Reporting System for Health Care Quality Data Sets
ADOPTED RULE NUMBER: 2019-081 (Final adoption, major substantive)
CONCISE SUMMARY: These rule changes eliminate duplicative reporting by Maine hospitals; improves access to Healthcare Associated Infection (HAI) outcome measures and all other Centers for Medicare & Medicaid Services (CMS) mandated reporting requirements to National Healthcare Safety Network (NHSN); and updates/clarifies provisions in the rule as needed. These changes support the goal to harmonize with national measures and streamlines hospitals reporting. In addition, the changes update/clarify specific provisions as needed.
This rule will not have a fiscal impact on municipalities, counties or small businesses.
Copies of this rule can be reviewed and printed from the MHDO website at http://mhdo.maine.gov/imhdo/recentlyadoptedrules.aspx or, to receive a paper copy call (207) 287-6722.
EFFECTIVE DATE: June 22, 2019
MHDO CONTACT PERSON / RULEMAKING LIAISON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street - 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6724. Email: Debra.J.Dodge@Maine.gov .
MHDO WEBSITE: https://mhdo.maine.gov/ .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, FS Rule #203A (State Funded Non-Citizen Hardship)
ADOPTED RULE NUMBER: 2019-082
CONCISE SUMMARY: This rule allows state-funded Food Supplement recipients (and their children under 18) who were eligible due to the hardship of waiting for work documentation to remain eligible once work documentation is received, if they are not yet employed.
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: May 28, 2019
OFI CONTACT PERSON: Ian Miller, Senior Program Manager, Office for Family Independence, Department of Health & Human Services, 19 Union Street – 101 State House Station, Augusta, ME 04333. Telephone: (207) 624-4138. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Ian.Miller@Maine.gov .
OFI WEBSITE: https://www.maine.gov/dhhs/ofi/ .
DHHS WEBSITE: https://www.maine.gov/dhhs/ .
OFI RULEMAKING LIAISON: Daniel.H.Cohen@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, FS Rule #206A (Simplified Reporting): Introduction; Section 666-6; Section 999-1
ADOPTED RULE NUMBER: 2019-083
CONCISE SUMMARY: The current change reporting rules require recipients to report numerous changes including; changes in employment if there is an associated change in income, changes of more than $50 in the amount of gross monthly unearned income, all changes in household composition, changes in residence and the resulting change in shelter costs, various changes in assets and changes in the legal obligation to pay child support. Under the adopted rule most households will only be required to report if their income exceeds 130% of the federal poverty level (FPL) between certification(s) and their six-month report. A six-month report is required between certifications for many simplified reporting households. Six-month reports require clients to update certain aspects of their case without requiring an interview.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: June 1, 2019
OFI CONTACT PERSON: Ian Miller, Senior Program Manager, Office for Family Independence, Department of Health & Human Services, 19 Union Street – 101 State House Station, Augusta, ME 04333. Telephone: (207) 624-4138. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Ian.Miller@Maine.gov .
OFI WEBSITE: https://www.maine.gov/dhhs/ofi/ .
DHHS WEBSITE: https://www.maine.gov/dhhs/ .
OFI RULEMAKING LIAISON: Daniel.H.Cohen@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, Maine Public Assistance Manual (TANF): TANF Rule #110A, State Funded Non-Citizen Hardship
ADOPTED RULE NUMBER: 2019-084
CONCISE SUMMARY: This rule provides cash assistance to legally admitted aliens who would be eligible for the TANF program but for their status as aliens under PRWORA. Specifically, in response to the Maine Supreme Court’s decision in Manirakiza v. Department of Health and Human Services this rule re-implements an eligibility category for legally admitted aliens who have obtained proper work documentation from USCIS but who have not yet obtained employment. This rule is consistent with 22 MRS §3762(3)(B)(d).
Other Changes:
In addition to the change in policy, this proposed rule also contains changes to correct formatting, citations, and grammar. The following changes were also made to clarify intent:
Section IV(a)(2) – Clarified that eligibility for a Pregnant Woman grant is dependent on whether there are other TANF otherwise eligible children in the home.
Section V(b)(1) – Clarified policy when a caretaker relative opts off the TANF grant and claims the TANF children as tax dependents. This was left out in error during the recent repeal and replace of Ch. II.
Section V(d) – Clarified that an SSI or State Supplement individual must receive a benefit in order to opt out of the TANF AG.
Section V(d)(1) and (2) – Clarified when an otherwise eligible caretaker relative of an SSI child may receive TANF while excluding the other eligible children in the household.
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: June 1, 2019
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager, Office for Family Independence, Department of Health & Human Services, 19 Union Street – 11 State House Station, Augusta, ME 04333. Telephone: (207) 624-4109. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Dawn.Mulcahey@Maine.gov .
OFI WEBSITE: https://www.maine.gov/dhhs/ofi/ .
DHHS WEBSITE: https://www.maine.gov/dhhs/ .
OFI RULEMAKING LIAISON: Daniel.H.Cohen@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 7, Regulations for Approval of Prelicensure Nursing Education Programs
ADOPTED RULE NUMBER: 2019-085
CONCISE SUMMARY: Updates rule to reflect current national standards and changes vague language to more specific requirements.
EFFECTIVE DATE: May 29, 2019
AGENCY CONTACT PERSON: Virginia E. deLorimier, MSN, RN, Maine State Board of Nursing, 158 State House Station, Augusta ME 04333-0158. Telephone: (207) 287-1149. Email: Virginia.E.deLorimier@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/boardofnursing/ .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 132, Learning Results: Parameters for Essential Instruction and State Accountability
ADOPTED RULE NUMBER: 2019-086 (Final adoption, major substantive)
CONCISE SUMMARY As part of this revision, both the social studies and the science and engineering standards have been reformatted into our newly designed Maine Learning Results structure. This structure divides each of the content standards into three stages of development, childhood, pre-adolescence, and adolescence. Within these stages, we have also identified the associated grade levels, elementary, middle, high school. Additionally, we have standardized the language used so that the following three descriptors mean the same for each content area. These descriptors and their corresponding definitions are:
Strand: A body of knowledge in a content area identified by a simple title.
Standard: Enduring understandings and skills that students can apply and transfer to contexts that are new to the student.
Performance Expectation: Building blocks to the standard and measurable articulations of what the student understands and can do.
Substantively, the social studies standards revision included emphasizing the guiding principles and their connections to the essential skills and practices of social studies. This was done both by highlighting them in the introduction and by embedding examples of what this looks like throughout the performance expectations. The revision process also led to more of a focus on personal finance in the economics strand including adding "personal finance" to the strand title and through the creation of a new subsection that better reflects the importance of personal finance. Along the same lines, work was done to make sure that the teaching of Maine Native Americans occurred more authentically instead of appearing to be an add-on to existing performance expectations. There was also work done to better demonstrate a progression of rigorous expectations for our students as they progressed through their educational career. Lastly, the revised standards have updated language that reflects changes in technology and teacher capacity.
The science and technology standards revision adopted the Next Generation Science Standards© (NGSS), adapting them to Maine's standards format. The revised standards utilize a three-dimensional approach to science incorporating the actual "doing" of science. The revised standards build coherent learning progressions and provide students multiple opportunities over various grade bands to develop a deeper understanding of each of the three dimensions of science. Students also engage with real-world problems and design solutions. This promotes critical thinking and problem-solving skills which are vital to students' post-secondary success. To help make the standards relevant and meaningful to Maine students, the writing team provided examples from our Maine economy, ecosystem, and lifestyle wherever possible. And finally, the name of the standards has been updated to science and engineering standards to reflect the new three-dimensional approach.
EFFECTIVE DATE: June 23, 2019
DOE CONTACT PERSON / 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: https://www.maine.gov/doe/home .