November 13, 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: 65-625 – Maine Public Utilities Commission (MPUC), Emergency Services Communications Bureau
CHAPTER NUMBER AND TITLE: Ch. 5, Standards for the Implementation and Administration of Emergency Fire Dispatch Protocols
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P188 (2nd publication)
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking proceeding to amend its emergency fire dispatch protocols as a result of discussions in a stakeholder group convened pursuant to Resolves 2019 c. 24 (MPUC Docket No. 2019-00159).
PUBLIC HEARING: December 4, 2019 - 9:00 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347
COMMENT DEADLINE: December 16, 2019. Comments may be filed until December 16, 2019. However, the Commission requests that comments be filed by close of business November 29, 2019, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2019-00243. All comments will appear in the Commission’s case management system.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Paulina Collins, Public Utilities Commission, 18 State House Station, Augusta, Maine 04347. Telephone: (207) 287-1566. Email: Paulina.Collins@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal Impact
STATUTORY AUTHORITY FOR THIS RULE: 25 MRS §2927(3-C)(A)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine.gov/mpuc.
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov.

AGENCY: 03-201 - Maine Department of Corrections (MDOC)
CHAPTER NUMBER AND TITLE: Ch. 11, Policy and Procedure Manual - Adult and Juvenile: Subsection 2.12, Prisoner and Resident Accounts
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P253
BRIEF SUMMARY: The primary reason this rule is being proposed for repeal and replacement is to make changes to the procedure governing prisoner savings accounts, lessening the percentage and limiting the source of prisoner funds taken to pay back monies disbursed from his or her savings account, and expanding the ability of a prisoner to opt out of the savings plan requirement.
Other changes are being proposed for clarification purposes and to reflect current terminology and practices.
Copies of the proposed rule are available upon request by contacting the Department contact person or on the Department of Corrections website at https://www.maine.gov/corrections/PublicInterest/policies.shtml/. Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, email or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: December 3, 2019 at 2:00 p.m. in the Maine Department of Corrections Board Room in the Tyson Building (Third Floor), 25 Tyson Drive, Augusta, ME
COMMENT DEADLINE: December 13, 2019
CONTACT PERSON FOR THIS FILING . SMALL BUSINESS IMPACT INFORMATION / MDOC RULEMAKING LIAISON: Mary Lucia, Department of Corrections, 111 State House Station, Augusta, ME 04333. Telephone: (207) 287-4681. Fax: (207) 287-4370. Email: Mary.A.Lucia@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 34-A §§ 1402, 1403, 3039
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): N/A
AGENCY WEBSITE: https://www.maine.gov/corrections/.

AGENCY: 16-633 - Department of Public Safety (DPS), Gambling Control Board
CHAPTER NUMBERS AND TITLES:
Ch. 3, Control of Licensees
Ch. 4, License Records
Ch. 24, The Use of Front Money Deposits
Ch. 29, The Promotional Credits and other Players Incentives
TYPE OF RULES: Routine Technical
PROPOSED RULE NUMBERS: 2019-P254 thru P257
CONCISE SUMMARY: The rule package adopts new rule Ch. 29 regarding the use of promotional credits in slot machines and at table games. As a result, Ch. 3, 4, and 24 had to remove the word “voucher” as defined in Ch. 29.
PUBLIC HEARING: N/A (written comment only)
DEADLINE FOR COMMENTS: December 13, 2019
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Milton Champion, Executive Director, Gambling Control Board, 45 Commerce Drive, Suite 3, Augusta ME 04333-0087. Telephone and Email: (207) 626-3901; Milton.F.Champion@Maine.gov.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRS §1001(26), §1003(1)(B)
BOARD/UNIT WEBSITE: http://www.maine.gov/dps/gamb-control/index.html.

AGENCY: 10-144 - Department of Health and Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 104, Maine State Services Manual: Section 8, Wholesale Prescription Drug Importation Program
This is a MAJOR SUBSTANTIVE RULE.
PROPOSED RULE NUMBER: 2019-P258
CONCISE SUMMARY: Pursuant to PL 2019 ch. 472, the major substantive rule provides for a process for the design of a wholesale prescription drug importation program, in anticipation of the release of federal rules establishing an application pathway for demonstration projects allowing importation by states and other entities. It also provides that the Department of Health and Human Services will submit an application under such a pathway on behalf of the State of Maine. This major substantive rule needs Legislative approval before it becomes effective.
Seehttps://www.maine.gov/dhhs/dhhs-rulemaking_v110719.shtmlfor rule and related rulemaking documents.
PUBLIC HEARING: Monday, December 2, 2019 at 1:00 p.m., State Office Building., Maine A Conf. Room, 109 Capitol Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before Monday, November 25, 2019.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on Thursday, December 12, 2019.
DHHS CONTACT PERSON: Megan Garratt-Reed, Senior Advisor for Coverage and Affordability, Maine Department of Health and Human Services, 11 State House Station - 109 Capitol Street, Augusta, Maine 04333-0011. Telephone: (207) 624-6956. Fax: (207) 287-3005. TTY: 711 (Deaf or Hard of Hearing). Email:Megan.Garratt-Reed@Maine.gov.
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different): N/A
STATUTORY AUTHORITY: 5 MRS §2042; 22-A MRS §205
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DHHS RULEMAKING LIAISON:Kevin.Wells@Maine.gov.

ADOPTIONS

AGENCY: 18-691 - Department of Administrative and Financial Services (DAFS), Office of Marijuana Policy (OMP)
CHAPTER NUMBER AND TITLE: Ch. 1, Adult Use Marijuana Program
ADOPTED RULE NUMBER: 2019-194
CONCISE SUMMARY: OMP has completed final adoption of a major substantive rule to establish a regulatory framework governing adult use, also known as recreational, marijuana in Maine. The Marijuana Legalization Act (MLA) includes both mandatory and discretionary rulemaking concerning DAFS (hereinafter the “Department”). Broadly, §104(3) states that the Department shall “adopt all rules necessary to implement, administer and enforce” the MLA. In addition, the statute specifies rulemaking in areas including, but not limited to, tracking marijuana plants and product, health and safety data, labeling and packaging, and licensing and fees.
Final adoption of this rule will allow OMP to license and regulate adult use marijuana-related businesses in Maine. The general classes of licenses for marijuana establishments are cultivation facility, testing facility, products manufacturing facility, and marijuana store. Examples of regulatory work include, but are not limited to, tracking marijuana plants and product, managing health and safety data, labeling and packaging, and ensuring licensee compliance with statute and rule. The licensing and operation of marijuana-related businesses will generate tax revenue to the General Fund, will support a public health and education campaign, will support a law enforcement training program, and will provide revenue to support the ongoing operation of OMP.
EFFECTIVE DATE: December 4, 2019
OMP CONTACT PERSON: Erik Gundersen, Office of Marijuana Policy, 162 State House Station, Augusta, ME 04330-0162.  Telephone: (207) 287-3282. Email: Erik.Gunderson@Maine.gov.
OMP WEBSITE: http://www.maine.gov/dafs/omp/.
OMP RULEMAKING LIAISON: Gabi.Pierce@Maine.gov.