February 26, 2020

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: 16-633 – Department of Public Safety (DPS), Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 29, Promotional Credits and Other Players Incentives
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P257 (2nd publication)
CONCISE SUMMARY: The rule package adopts new rule Ch. 29 regarding the use of promotional credits in slot machines and at table games. (Note: proposal filings 2019-P254, P255, and P256 for chapters 3, 4 and 24 are withdrawn.)
PUBLIC HEARING: Written comment only.
DEADLINE FOR COMMENTS: March 27, 2020
BOARD CONTACT PERSON / RULEMAKING LIAISON: Milton Champion, Executive Director, Gambling Control Board, 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 §1001(26) and §1003(1)(B)
BOARD/UNIT WEBSITE: http://www.maine.gov/dps/gamb-control/index.html.
DPS WEBSITE: http://www.maine.gov/dps/.

AGENCY: 02-385 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Manufactured Housing Board
CHAPTER NUMBER AND TITLE: Ch. 350, Rules for Licensing Manufacturers, Dealers, Developer Dealers, Installers & Mechanics, including Appendix A & B
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P031
BRIEF SUMMARY: The Innovation, Development, Economic Advancement and Business Committee this session considered LD 875. After careful consideration of the extensive testimony submitted pursuant to the bill, the committee voted the bill as  ought not to pass. However, the committee would like to ensure that buyers of manufactured homes receive  appropriate notice of their rights and responsibilities in accordance with state law. The committee understands that it is the usual practice for dealers of manufactured housing to provide information, in the form of a warranty sticker, to buyers. However, in order to ensure uniformity in disclosures, the committee requests that the Manufactured  Housing Board amend its rules to require the dealer of a manufactured home disclose in writing to the buyer the following: (1) a description of the terms and conditions of the warranty on housing, as described in 10 MRS §1404 and (2) a description of the role of the Manufactured Housing Board and a contact number for the board. The committee also requests that the Manufactured Housing Board amend its rules to require that the installer of a manufactured home discloses in writing to the buyer a description of the terms and conditions of the installation  warranty, as described in 10 MRS §1404A.
PUBLIC HEARING: A public hearing will not be held.
COMMENT DEADLINE: April 30, 2020 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Robert V. LeClair, Executive Director, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333, Board Administrator, (207) 624-8678. TTY Number Maine Relay 711. Email: Robert.V.LeClair@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No impact
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS §9005-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/manufactured_housing/index.html.
PFR WEBSITE: http://www.maine.gov/pfr.
PFR RULEMAKING LIAISON: Anne.L.Head@Maine.gov.

ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.08, Targeted Closures: (13) Cobscook, Whiting & Dennys Bays
ADOPTED RULE NUMBER: 2020-027 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking to establish scallop conservation closures for Cobscook, Whiting and Dennys Bays, all within Zone 3. The Department is concerned that continued harvesting for the remainder of the 2019-2020 fishing season in these areas will impact the abundant sublegal scallop resource, as well as lower the existing scallop broodstock further, observed in the 2019 Fall Scallop survey that is essential to the ongoing recruitment, regrowth and recovery of the scallop resource that supports an annual fishery. An immediate conservation closure is necessary to reduce the risk of unusual damage and imminent depletion of the scallop resource in these Zone 3 areas.
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: February 16, 2020
DMR CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Telephone: (207) 624-6558. 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: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 815, Consumer Protection Standards for Electric and Gas Transmission and Distribution Utilities
ADOPTED RULE NUMBER: 2020-028
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to Ch. 815, Consumer Protection Standards for Electric and Gas Transmission and Distribution Utilities. These amendments implement the legislative directives pursuant to Public Law 2019 ch. 26 – “An Act to Improve the Record Keeping of Utilities and the Public Utilities Commission” (codified at 35-A MRS §716); Public Law 2019 ch. 81 – “An Act to Direct Electric Utilities to Provide Comparative Usage Data on Customer Billing Statements” (codified at 35-A MRS §3106); and, Public Law 2019 ch. 88 – “An Act to Ensure Accurate Explanations of Electric Bills” (codified at 35-A MRS §3106).
EFFECTIVE DATE: February 23, 2020
MPUC 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.
MPUC WEBSITE: http://www.maine.gov/mpuc/.

AGENCY: 02-380 - Maine State Board of Nursing (affiliated with the Department of Professional and Financial Regulation – PFR)
CHAPTER NUMBER AND TITLE: Ch. 8, Regulations Relating to Advanced Practice Registered Nursing
ADOPTED RULE NUMBER: 2020-029
CONCISE SUMMARY: This will address the changes in statute, clarify the 24 months supervision requirement for new nurse practitioners, reduce the continuing education requirement for advanced practice registered nurses, and clarify the treatment and prescribing of medications to family members.
EFFECTIVE DATE: March 1, 2020
BOARD CONTACT PERSON / RULEMAKING LIAISON: Virginia E. deLorimier, MSN, RN,  Maine State Board of Nursing, 158 State House Station - 161 Capitol Street, Augusta, Maine 04333-0158. Telephone: (207) 287-1147. Email: Virginia.E.deLorimier@Maine.gov.
BOARD WEBSITE: http://www.maine.gov/boardofnursing/.

AGENCY: 02-380 - Maine State Board of Nursing (affiliated with the Department of Professional and Financial Regulation – PFR)
CHAPTER NUMBER AND TITLE: Ch. 10, Regulations Relating to Administration of Intravenous Therapy by Licensed Practical Nurses and Registered Professional Nurses
ADOPTED RULE NUMBER: 2020-030
CONCISE SUMMARY: This will allow facilities to train licensed practical nurses in intravenous therapy skills specifically related to the needs of the facility. Presently they must wait to utilize out of state and in-state licensed practical nurses until the licensed practical nurses complete the entire certification process (which includes skills that may never be used in the specific facility).
EFFECTIVE DATE: March 1, 2020
BOARD CONTACT PERSON / RULEMAKING LIAISON: Virginia E. deLorimier, MSN, RN,  Maine State Board of Nursing, 158 State House Station - 161 Capitol Street, Augusta, Maine 04333-0158. Telephone: (207) 287-1147. Email: Virginia.E.deLorimier@Maine.gov.
BOARD WEBSITE: http://www.maine.gov/boardofnursing/.