November 6, 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: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #12-19
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P249
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: November 21, 2019, Thursday, starting at 10:30 a.m., Room 101, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: November 21, 2019
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 .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, Rule #209P (COLA SUA FFY 2020). Sections: Alpha Index; Table of Contents; FS-000-1, Basis of Issuance; FS-111-1, Household Concept; FS-111-2, Resolving Questionable Citizenship Status and Verifying Alien Status; FS-333-1, Maximum Allowable Assets; FS-444-1, Sponsored Aliens; FS-444-5, Residents of Drug and Alcohol Treatment Centers or Group Living Arrangements for the Disabled; FS-444-6, Shelters for Battered Persons; FS-444-8, Categorically Eligible Households; FS-555-1, Treatment of Income; FS-555-5, Deductions; FS-555-6, Calculating Eligibility and Monthly Benefit; FS-666-6, Changes During the Certification Period; and FS-999-3, Charts
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P250
BRIEF SUMMARY: This rule extends updates to: the federal poverty levels; maximum and minimum allotments; the threshold that requires a report of changes in household income; the standard, homeless shelter, maximum shelter, and standard utility allowance deductions for the Food Supplement adopted through emergency rule making on October 1, 2019. It moves these figures to charts at the end of the Manual. It adds verbiage clarifying the calculation of benefits for individuals residing in certain approved institutions that provide the majority of meals, to the extent that those calculations reference these annually updated figures.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None.
COMMENT DEADLINE: December 6, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Ian Miller, Food Supplement Senior Program Manager, Department of Health and Human Services, Office for Family Independence, 109 Capitol Street – 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 624-4138. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Ian.Miller@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §42(1); 7 CFR §273.9(d)
OFI RULES WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml.
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov.

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 7, Rules for Importation, Possession, Propagation, Rehabilitation and Exhibition of Wildlife (Agritourism)
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P251
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife (DIFW) is proposing to amend Ch. 7 rules in an effort to provide clarity for farmers, ranchers and agritourism professionals when interested in exhibiting captive, domesticated wildlife also associated with agritourism. When a species is intended to be used for the production of agricultural products as defined in 7 MRS, but is ordinarily considered wildlife pursuant to 12 MRS, the permitting authority for that species resides with DIFW and that species is subject to the classifications described in Ch. 7. Any wildlife species proposed for use in agricultural production which has not been identified as a Prohibited, Restricted, or Unrestricted species may be reviewed upon request for classification by consult between Department of Agriculture, Conservation and Forestry (DACF) and DIFW. The resulting classification of a wildlife species may be referred to the Technical Committee for review pending agreement of both DACF and DIFW. Agritourism as it relates to the exhibition of exotic wildlife will continue to be regulated by the DIFW pursuant to 12 MRS §12152 and rule Ch. 7.
Please contact the agency rulemaking contact person for a complete copy of the proposed rule.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: December 6, 2019
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: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 12152
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw.

AGENCY: 02-041 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR)
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P252
BRIEF SUMMARY: The Office of Professional and Occupational Regulation (“OPOR”) proposes fee changes for the following licensing programs: Board of Accountancy; American Sign Language Interpreters; Athletic Trainers; Barbering and Cosmetology Licensing; Boiler and Pressure Vessel Safety Program; Charitable Solicitations; Board of Chiropractic Licensure; Board of Complementary Health Providers; Board of Counseling Professionals Licensure; Electricians’ Examining Board; Board of Licensure of Foresters; Maine Fuel Board; State Board of Funeral Service; State Board of Licensure of Geologists and Soil Scientists; Manufactured Housing Board; Massage Therapists; Nursing Home Administrators Licensing Board; Board of Occupational Therapy Practice; Maine Board of Pharmacy; Plumbers’ Examining Board; Board of Licensure of Podiatric Medicine; Radiologic Technology Board of Examiners; State Board of Social Worker Licensure; Board of Speech, Audiology and Hearing; State Board of Veterinary Medicine.
OPOR proposes to eliminate application fees for the following: Athletic Trainers; Boiler and Pressure Vessel Safety Program; Charitable Solicitations; Board of Counseling Professionals Licensure; Electricians’ Examining Board; Elevator and Tramway Safety Program; Board of Licensure of Foresters, Maine Fuel Board; State Board of Licensure of Geologists and Soil Scientists; Massage Therapists; Nursing Home Administrators Licensing Board; Board of Occupational Therapy Practice; Plumbers’ Examining Board; Board of Licensure of Podiatric Medicine; Radiologic Technology Board of Examiners; State Board of Social Worker Licensure; Board of Speech, Audiology and Hearing.
OPOR proposes to reduce fees for the following: All licenses issued by the Board of Accountancy, Athletic Trainers, Boilers and Pressure Vessels Safety Program; Charitable Solicitations Act licenses; Board of Counselors Professional Licensure; Electricians’ Examining Board Apprentice and Helper Electrical licenses (other than high school or community college students); Manufactured Housing Board Seals; Board of Occupational Therapy Practice Therapist and Therapy Assistant licenses; Maine Board of Pharmacy Inactive Pharmacist licenses; all licenses issued by the Board of Speech, Audiology and Hearing; and all licenses issued by the Board of Veterinary Medicine.
OPOR proposes to establish new license fees pursuant to new statutory authority for the following professional licenses: Conditional Interpreter and Deaf Interpreter, Hair Designer, Temporary Chiropractic Intern, Auricular Acupuncture Detoxification Specialist, Certified Midwife and Certified Professional Midwife, Inactive Counselor and Inactive Conditional Professional Counselor, Counseling qualification review, Inactive Practitioner of Funeral Service, Pharmacy Vending Machine Outlet, Inactive Status License for all licenses issued by the Board of Radiologic Technology and trainee license, qualification review for the State Board of Social Worker License, Inactive Status License for licenses issued by the Board of Speech, Audiology and Hearing.
OPOR proposes to eliminate the following license categories or fees: Barber, Demonstrator, Special Inspection and Special Event Services licenses for Barbering and Cosmetology Program, Temporary Practitioner of Funeral Service, Upgrade of Provisional Residential Care to Residential Care in Nursing Home Administrators, one time renewal fees for Temporary Occupational Therapists and Temporary Occupational Therapy Assistants, Initial Pharmacy Student Intern fee and qualification review fees, and Plumbers’ Examining Board corporation fee.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: December 6, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / OPOR RULEMAKING LIAISON: Anne L. Head, Director, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8511. Email: Anne.L.Head@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS §8003(2-A)(D); 32 MRS §12203; 32 MRS §1527; 32 MRS §14358; 32 MRS §14238; 32 MRS §15104-C; 9 MRS §5015-A; 32 MRS §558; 32 MRS §§ 12514-A, 12526; 32 MRS §13859; 32 MRS §1203-A; 32 MRS §§ 1501-B, 1504; 10 MRS §§ 9021(2-A), 9065-A; 32 MRS §14306-G; 32 MRS §67; 32 MRS §2285; 32 MRS §13724; 32 MRS §3501-B; 32 MRS §3652; 32 MRS §9859-A; 32 MRS §§ 7056, 7060; 32 MRS §17309; 32 MRS §4863-A; 32 MRS §12538
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OPOR WEBSITE: www.maine.gov/professionallicensing.
PFR WEBSITE: http://www.maine.gov/pfr/.

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 #11-19
ADOPTED RULE NUMBER: 2019-184
CONCISE SUMMARY: Minimum November 2019 Class I price is $21.39/cwt. plus $1.53/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $24.63/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: November 3, 2019
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 .

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 19, Homeless Solutions Rule
ADOPTED RULE NUMBER: 2019-185
CONCISE SUMMARY: The replacement rule repeals and replaces the current Homeless Solutions Rule in order to (i) revise and update language where appropriate; (ii) address concerns regarding bed utilization; and (iii) make changes to the funding formula allocation.
EFFECTIVE DATE: November  3, 2019
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street – 89 State House Station, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600. Maine Relay 711. Email: luhl@mainehousing.org.
MAINEHOUSING WEBSITE: http://www.mainehousing.org/

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program Rule
ADOPTED RULE NUMBER: 2019-186
CONCISE SUMMARY: This replacement rule repeals and replaces in its entirety the current Home Energy Assistance Program Rule. The rule establishes standards for administering fuel assistance, emergency fuel assistance, TANF Supplemental Benefits, weatherization, and heating system repair and replacement funds to low-income households in the State of Maine. This replacement rule accommodates the implementation of a heat pump installation initiative in response to PL 2019 ch. 306 §3, "An Act To Transform Maine's Heat Pump Market To Advance Economic Security and Climate Objectives." Other changes are to correct errors or provide clarification to the previous version of the rule.
EFFECTIVE DATE: November  3, 2019
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street – 89 State House Station, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600. Maine Relay 711. Email: luhl@mainehousing.org.
MAINEHOUSING WEBSITE: http://www.mainehousing.org/ .

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 101, Earnable Compensation and Calculation of Average Final Compensation
ADOPTED RULE NUMBER: 2019-187
CONCISE SUMMARY: This rule sets forth the computation of average final compensation used in the calculation of retirement benefits paid by the Maine Public Employees Retirement System. The amendments to the rule: (1) clarify that paid time off is considered to be vacation/sick leave; (2) clarify the use of payment of accrued leave in determining earnable compensation for participating local district members; and (3) provide guidance on the treatment of certain amounts paid pursuant to an arbitration award, judgment, or written settlement agreement. The amendments also correct some minor formatting issues.
EFFECTIVE DATE: November 4, 2019
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Kathy J. Morin, Manager, Actuarial and Legislative Affairs, Maine Public Employees Retirement System, P.O. Box 349, Augusta, ME 04332-0349. Telephone: 1 (800) 451-9800 or (207) 512-3108. Email: Kathy.Morin@MainePERS.org.
MAINEPERS WEBSITE: https://www.mainepers.org/.

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 406, Payment or Repayment of Contributions and Interest for the Purchase of Creditable Service
ADOPTED RULE NUMBER: 2019-188
CONCISE SUMMARY: This rule sets forth the requirements for members to purchase or repurchase creditable service. The amendments to the rule incorporate recent changes made in the law to permit the purchase of prior law enforcement officer service. The amendments also correct some minor formatting issues.
EFFECTIVE DATE: November 4, 2019
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Kathy J. Morin, Manager, Actuarial and Legislative Affairs, Maine Public Employees Retirement System, P.O. Box 349, Augusta, ME 04332-0349. Telephone: 1 (800) 451-9800 or (207) 512-3108. Email: Kathy.Morin@MainePERS.org.
MAINEPERS WEBSITE: https://www.mainepers.org/.

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Retirement Plan
ADOPTED RULE NUMBER: 2019-189
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The amendments to the rule incorporate recent changes made in the laws to allow for the purchase of prior law enforcement service and to permit participating local districts to cover their dispatchers by a special plan. The amendments also clarify the retirement benefit plans by which general government employees may be covered. Finally, the amendments also include some adjusted wording on unrelated technical provisions of the rule.
EFFECTIVE DATE: November 4, 2019
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Kathy J. Morin, Manager, Actuarial and Legislative Affairs, Maine Public Employees Retirement System, P.O. Box 349, Augusta, ME 04332-0349. Telephone: 1 (800) 451-9800 or (207) 512-3108. Email: Kathy.Morin@MainePERS.org.
MAINEPERS WEBSITE: https://www.mainepers.org/.

AGENCY: 17-229 - Maine Department of Transportation (MaineDOT)
CHAPTER NUMBER AND TITLE: Ch. 308, Rules to Establish Seasonal Load Restrictions on Certain State and State Aid Highways
ADOPTED RULE NUMBER: 2019-190
CONCISE SUMMARY: This amendment is to update section 1, “Definitions”, sub-section #6, “Special Commodity” to include a new letter k), “United States mail”. An update to Section 4 was included to further clarify the definition of a “frozen” road.
EFFECTIVE DATE: November 5, 2019
CONTACT PERSON FOR THIS FILING: Clifton Curtis, Department of Transportation, 16 State House Station, Augusta, ME 04330. Telephone: (207) 624-3568. Email: Clifron.W.Curtis@Maine.gov.
MaineDOT WEBSITE: http://www.maine.gov/mdot/.
MaineDOT RULEMAKING LIAISON: Toni.Kemmerle@Maine.gov.

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Atlantic Herring; Period 4 Opens
ADOPTED RULE NUMBER: 2019-191 (Emergency)
CONCISE SUMMARY: The Atlantic States Marine Fisheries Commission (ASMFC) scheduled a Days Out Conference Call on Wednesday, October 23, 2019 to determine effort controls for Quota Period 4 (November – December) in the Herring Management Area 1A. The Commissioners designate one landing day per week for Quota Period 4 to begin Sunday, November 3, 2019 at 6:00 p.m. Quota Period 4 opens at 12:01 a.m. on November 1, 2019.
The Commissioner has determined that it is necessary to take emergency action to implement these limitations to prevent the imminent 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).
EFFECTIVE DATE: October 31, 2019
DMR 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.

AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 235, Annual Audited Financial Reports
ADOPTED RULE NUMBER: 2019-192
CONCISE SUMMARY: The amendments update the current regulation in response to changes adopted by the National Association of Insurance Commissioners in 2014 and 2015. The amendments require certain large insurers or insurance groups to establish an internal audit function. The audit function must be organizationally independent from management.
EFFECTIVE DATE: November 6, 2019
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Benjamin Yardley, Senior Staff Attorney, Department of Professional & Financial Regulation, Bureau of Insurance, 76 Northern Avenue – 34 State House Station, Gardiner, ME 04345. Telephone: (207) 624-8537. Email: Benjamin.Yardley@Maine.gov.
BUREAU WEBSITE: http://www.maine.gov/pfr/insurance/.

AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 705 (New), Corporate Governance Annual Disclosure
ADOPTED RULE NUMBER: 2019-193
CONCISE SUMMARY: This rule implements part of 2017 PL ch. 169, An Act To Update the Maine Insurance Code to Maintain Conformance with Uniform National Standards (LD 1544), enacted at 24-A MRS §423-G. The rule sets forth the required contents and filing procedures for the Corporate Governance Annual Disclosure.
EFFECTIVE DATE: November 6, 2019
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Benjamin Yardley, Senior Staff Attorney, Department of Professional & Financial Regulation, Bureau of Insurance, 76 Northern Avenue – 34 State House Station, Gardiner, ME 04345. Telephone: (207) 624-8537. Email: Benjamin.Yardley@Maine.gov.
BUREAU WEBSITE: http://www.maine.gov/pfr/insurance/.