November 27, 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: 02-382 - Maine Board of Optometry (affiliated with the Department of Professional and Financial Regulation – PFR)
CHAPTER NUMBER AND TITLE: Ch. 1, Fees (4) B (1) C
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P259
BRIEF SUMMARY: The Board needs to increase the annual license fee from $350.00 to $380.00 and late renewal fee from $75.00 to $100.00 to adequately provide revenue for the board to conduct its function due to increase in legal fees, rental and salary.
PUBLIC HEARING: December 20, 2019, Department of Professional and Financial Regulation, Maine Board of Optometry, Central Conference room, 76 Northern Avenue, Gardiner, ME 04345 @ 9:00 a.m.
COMMENT DEADLINE: January 7, 2020 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT / BOARD RULEMAKING LIAISON: Tina Carpentier, 113 State House Station, Augusta, ME 04333. Telephone: (207) 624-8691. Fax: (207) 624-8692. Email: Tina.Carpentier@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 34-A MRS sub-ch. III Licensure §2423 Licensing Annual Renewal and Default (1) and (4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: none
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/optometry/index.html.

AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 850, Health Plan Accountability
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P260
BRIEF SUMMARY: The purpose of the proposed amendments is to conform the rule to changes made to the Health Plan Improvement Act by legislation enacted during the First Regular Session of the 129th Maine Legislature. The legislation specifically authorizes routine technical amendments to achieve this purpose. P.L. 2019 ch. 171, amended the clinical peer requirements for carriers’ medical reviews. P.L. 2019 ch. 238, amended the requirements for coverage of emergency services and defined “emergency service” and “emergency medical condition.” PL 2019 ch. 273, amended the requirements for prior authorization of nonemergency services. More information is posted at https://www.maine.gov/pfr/insurance/legal/rules/index.html
PUBLIC HEARING: 10:00 a.m., December 17, 2019, Department of Professional and Financial Regulation, Bureau of Insurance, Central Conference Room, 76 Northern Avenue, Gardiner, ME 04345
COMMENT DEADLINE: 4:30 p.m., December 30, 2019, by mail or email to the Contact Person.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Susan Tardiff, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8415. Email: Susan.P.Tardiff@Maine.gov.
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRS §§ 212, 2772, 2774, 4218, 4218-A, 4222-A, 4303, 4309, 4309-A, and unallocated provisions in PL 2019 ch. 171, 238, and 273 authorizing routine technical amendments.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
AGENCY WEBSITE: https://www.maine.gov/pfr/insurance/.
AGENCY RULEMAKING LIAISON: Benjamin.Yardley@Maine.gov.

AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 125, Basic School Approval Standards: Public Schools and School administrative Units
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2019-P261
BRIEF SUMMARY: The last repeal and replace of State Board of Education/Maine Department of Education rule ch. 125 was in 2002. The resulting language was highly duplicative of statute. The attached proposed replacement eliminates duplication when possible, and includes minimum requirements where provided in law.
To this end, the proposed rule sets out school approval standards and requirements in a linear fashion, addressing requirements in the order they appear in statute when possible, and providing detail where necessary. For clarity, a chart referenced in Section 4 of the proposed rule resides on the Department web page and contains a comprehensive list of requirements and citations.
Specific revisions to the Rule are as follows:

  • Based on a cross-walk conducted by the Department, language which is duplicative of statute or is outdated has been updated or eliminated;
  • The definition of school has been revised;
  • Unnecessary definitions have been eliminated;
  • Certain requirement exceptions for SAUs that tuition all or whole populations of students out of the resident unit have been added;
  • Certain requirement exceptions for Career and Technical Regions have been added;
  • The Comprehensive Education Plan format determination remains with the SAU, but must equally include and reflect all schools within the unit;
  • The minimum requirements as required by M.R.S. 20-A Section 4502(5) are listed in Section 5:
    • 5.01 – Grade K now has a minimum instructional day of 3 hours;
    • 5.03 – added “Areas used for the provision of student services and health services shall be adequate to provide for the privacy and confidentiality of such services;”
    • 5.08 – revised language regarding school counseling program;
    • 5.12 – revised language regarding time out areas to reference Restraint and Seclusion;
    • 5.15 – added family outreach requirement, per statute;
    • 5.16 – added language around Promotion, Retention, Acceleration and Graduation of Students;
    • 5.18 – added requirement for Multi-tiered System of Support, per LD 651; and
  • Section 7.01 outlining the initial approval process for SAUs was revised to reflect current practice.

PUBLIC HEARING: December 16, 2019 - 1-3 p.m., Room 500 of the Cross State Office Building, Augusta, Maine
COMMENT DEADLINE: December 27, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOE RULEMAKING LIAISON: Jaci Holmes, 23 State House Station, Augusta, Maine. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS §4502(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOE RULEMAKING WEBSITE: https://www.maine.gov/doe/about/laws/rulechanges.
DOE WEBSITE: https://www.maine.gov/doe/.

AGENCY: 02-298 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 240, Standards of Professional Practice
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P262
BRIEF SUMMARY: The amendments to ch. 240 update the Standards with which licensees must comply. Effective January 1, 2020 licensees will be expected to comply with the 2020-2021 edition of the Uniform Standards of Professional Appraisal Practice (“USPAP”). Title 32 MRS §14012(3) authorizes the board to establish standards of practice for licensed real estate appraisers, and 32 MRS §14028 requires licensees to comply with the Uniform Standards of Professional Appraisal Practice (“USPAP”), as promulgated by the Appraisal Standards Board of the Appraisal Foundation. This amendment designates the 2020-21 edition of USPAP as the standards of practice in effect beginning January 1, 2020. Changes from the 2019-20 edition are discussed in detail in the Appraisal Standards Board’s “2020 Summary of Actions Related to USPAP Changes” (June 25, 2019). This document may be downloaded from the Appraisal Foundation website: www.appraisalfoundation.org.
These are routine technical rules as defined in the Maine Revised Statutes, Title 5 ch. 375 sub-ch. 2-A.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: December 27, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Karen L. Bivins, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333 Telephone: (207) 624-8524. Email: Karen.L.Bivins@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §14012
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 32 MRS §14028
AGENCY WEBSITE: http://www.maine.gov/pfr/.
AGENCY RULEMAKING LIAISON: Anne.L.Head@Maine.gov.

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 115, The Credentialing of Educational Personnel: Part II, Requirements for Specific Certificates and Endorsements
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2019-P263
BRIEF SUMMARY: The State Board is proposing the reinstatement of Ch. 115 Part II: Requirements for Specific Certificates and Endorsements, which was in effect May 14, 2014. This rule, following the emergency adoption of the same version of Ch. 115, will be in effect until such time as the State Board has developed new Ch. 115 rules.
PUBLIC HEARING: December 16, 2019 from 9:30 11:00 a.m. in Room 500 of the Cross State Office Building, Augusta Maine
COMMENT DEADLINE: December 27, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOE RULEMAKING LIAISON: Jaci Holmes, 23 State House Station, Augusta, Maine. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS §130011(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOE RULEMAKING WEBSITE: https://www.maine.gov/doe/about/laws/rulechanges.
DOE WEBSITE: https://www.maine.gov/doe/.

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 320, Electric Transmission and Distribution Utility Service Standards
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P264
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking proceeding to consider the adoption of Ch. 320, Electric Transmission and Distribution Utility Service Standards. The Commission initiates this proceeding as directed by the Legislature pursuant to Public Law 2019 ch. 104, An Act to Establish Minimum Service Standards for Electric Utilities (codified at 35-A MRS §3106).
DATE, TIME AND PLACE OF PUBLIC HEARING: December 17, 2019 - 11:00 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347
COMMENT DEADLINE: December 27, 2019. Written comments on the proposed amended rule may be filed until Friday, December 27, 2019. However, the Commission requests that initial comments be filed by Friday, December 13, 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. 2019-00258 and be submitted through the Commission’s case management system.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Leslie Raber, MPUC, 18 State House Station, Augusta, Maine 04347. 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, 2305-A, 3104-A, 3106
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: www.maine.gov/mpuc.
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov.

AGENCY: 01-001 - Department of Agriculture, Conservation & Forestry (DACF), Division of Quality Assurance & Regulations
CHAPTER NUMBERS AND TITLES:
Ch. 332, Rabbit Processing
Ch. 333 (New), On Farm Raising, Slaughter and Processing of Less Than 1000 Ready-To- Cook Whole Rabbits Carcasses
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBERS: 2019-P265, P266
BRIEF SUMMARY: Ch. 332, Rabbit Processing, is an existing rule that has not been updated since its adoption in July 27, 1987. Revision of the rule sets the same standards for all rabbit processors at the same time updating the rule to take advantage of current advances in food science and food safety. The proposed rule has been updated to include construction, design and sanitary operation requirement all in accordance with good manufacturing practices. It also addresses, the health and humane treatment of rabbits and establishes lot coding, recordkeeping and labeling requirements to enhance consumer protection.
Ch. 333 (New), On Farm Raising, Slaughter and Processing of Less Than 1000 Ready-To- Cook Whole Rabbits Carcasses,is being adopted to implement the statutory requirement enacted by the 129th Legislature. 22 MRS §2512 sub-§1 exempts a processor of fewer than 1000 rabbits of their own raising from the statutory licensing requirement. 22 MRS §2517-E sub-§3 requires the Department to establish requirements for the physical facilities and processes used by rabbit producers whose rabbit products are exempt. Ch. 332, Rabbit Processing, are those rules.
PUBLIC HEARING: December 18, 2019 - 10:00 a.m., Room 118 Marquardt Building, 32 Blossom Lane, Augusta, Maine 04330
COMMENT DEADLINE: January 2, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Celeste Poulin, Director, Maine Department of Agriculture, Conservation & Forestry, Division of Quality Assurance & Regulations, 28 State House Station, Augusta Maine 04330. Telephone: (207) 287-3841. Fax: (207) 287-5576. TTY: User Call Maine Relay 711. Email: Celeste.Poulin@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none 
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §2154, §2517-E sub-§3
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:Routine Technical rule
AGENCY WEBSITE: https://www.maine.gov/dacf/qar/index.shtml.
DAFS RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov.

AGENCY: 10-146 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 15 (New), Death with Dignity Act Reporting Rule
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2019-P267
BRIEF SUMMARY: This major substantive rule proposal seeks to permanently implement the Maine Death with Dignity Act (“Act”), 22 MRS §2140, which authorizes the Department to collect certain data from health care providers related to patient-directed care at the end of life. This rule establishes criteria for witnesses to written requests for life-ending medications made by patients who reside in long-term care facilities. Under this rule, physicians prescribing life-ending medication must submit required forms to the Department and retain forms as part of the qualified patient’s medical record. Department-prescribed forms are available online and by request. Required data collection includes, but is not limited to, qualified patient’s written request for life-ending medication, assurances that the patient is making an informed decision regarding end-of-life care and life-ending medication, and medication prescription records. This rule duplicates the existing emergency major substantive rule at 10-146 CMR ch. 15, effective September 19, 2019, which the Department anticipates will remain in effect pending the legislative review and final adoption of this rulemaking, to avoid potential delays in the processes established under the Act.
PUBLIC HEARING: Monday, December 16, 2019 - 9 a.m., Department of Agriculture, Room 101, 90 Blossom Lane, Augusta, Maine 04333-0011
COMMENT DEADLINE: Thursday, December 26, 2019
CONTACT PERSON FOR THIS FILING . SMALL BUSINESS IMPACT INFORMATION: Bridget Bagley, Maine CDC, 286 Water Street - 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-4490 or 711 (TTY). Fax: (207) 287-2887. Email: Bridget.Bagley@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS ch. 418 §2140
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MAINE CDC RULEMAKING WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/.
MAINE CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/.
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov.

ADOPTIONS

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 115, Credentialing of Education Personnel: Part II, Requirements for Specific Certificates and Endorsement
ADOPTED RULE NUMBER: 2019-204 (Emergency adoption, major substantive)
CONCISE SUMMARY: The State Board is reinstating Ch. 115 Part II, “Requirements for Specific Certificates and Endorsements”, which was previously in effect from May 14, 2014 to June 30, 2019.
EFFECTIVE DATE: November 19, 2019
DOE CONTACT PERSON / RULEMAKING LIAISON: Jaci Holmes, 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.

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 Rule and Emergency Additions Regarding the Licensure of Marijuana Testing Facilities
ADOPTED RULE NUMBER: 2019-205 (Emergency)
CONCISE SUMMARY: OMP is introducing additional rules to the adopted Adult Use Marijuana Program Rule to establish a regulatory framework governing the licensing of adult use marijuana testing facilities in Maine. This rule includes testing requirements and the licensure process for testing facilities. These additional regulations aim to protect the health and safety of the public.
EFFECTIVE DATE: November 22, 2019
OMP CONTACT PERSON: Erik Gundersen, Office of Marijuana Policy, 162 State House Station, Augusta, ME 04333. Telephone: (207) 287-3282. Email: Erik.Gundersen@Maine.gov.
OMP WEBSITE: http://www.maine.gov/dafs/omp/.
OMP RULEMAKING LIAISON: Gabi.Pierce@Maine.gov.