June 24, 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

NAME OF AGENCY: 16-633- Department of Public Safety (DPS), Gambling Control Unit
CHAPTER NUMBERS AND TITLES:
Ch. 33, Introduction
Ch. 34, Definitions
Ch. 35, License Application
Ch. 36, License Fee and Renewal
Ch. 37, Fantasy Contest Monitoring
Ch. 38, Fantasy Contest Account Activity
Ch. 39, Registration of Fantasy Contestants
Ch. 40, Fantasy Contestant Funds and Required Reserves
Ch. 41, Licensee Records, Annual Reporting and Audits
Ch. 42, Collection of Payments
Ch. 43, Complaints and Disciplinary Actions
TYPE OF RULES: New rule chapters, Major Substantive
PROPOSED RULE NUMBER: 2020-P122 thru P132
BASIS STATEMENT: This rule is to comply with changes in state law under 8 MRS ch. 33. Establishes rules for Fantasy Sports Contests to include eligibility for a license, registration of players, player account activity and monitoring, enforcement of self-exclusion and data and report requirements for both players and the state.
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: July 31, 2020
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) 626-3900. Email: Milton.F.Champion@Maine.gov.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRS §§ 1102(D), 1106(1)
AGENCY WEBSITE: https://www.maine.gov/dps/gamb-control/.

ADOPTIONS

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 132, Learning Results: Parameters for Essential Instruction (Major Substantive Rule)
ADOPTED RULE NUMBER: 2020-139
CONCISE SUMMARY: As part of this revision, the English language Arts, and Career and Education Development standards have been reformatted into our newly designed Maine Learning Results structure. This structure divides each 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.
EFFECTIVE DATE: July 18, 2020
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.
WEBSITE: https://www.maine.gov/doe/home.

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 180, Performance Evaluation and Professional Growth Systems
ADOPTED RULE NUMBER: 2020-140
CONCISE SUMMARY Last session, 20-A MRS §13704 was amended by PL 2019 ch. 27 to remove the requirement that student learning and growth measures be used as a measure of educator effectiveness. In addition, the composition of the steering committee required by statute was changed to require that a majority of the committee members be teachers who must be chosen by the local representative of the applicable collective bargaining unit. Ch. 27 further required that this rule be amended in accordance with the changes to the statute. As a result these proposed amendments provide that Section 7, “Student Learning and Growth Measures”, will no longer be required as of September 1, 2021. School administrative units will have flexibility in developing multiple measures of educator effectiveness on the local level. Section 13 sub-section 3 has been revised to reflect “A majority of the steering committee members must be teachers and must be chosen by the local representative of the applicable collective bargaining unit if the teachers in the school administrative unit are covered by a collective bargaining agreement.” The Department will be developing guidance on types of measures to be available on the PEPG General Resources web page.
The Department has made three additional changes to the rule to clarify wording.
EFFECTIVE DATE: July 18, 2020
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.
WEBSITE: https://www.maine.gov/doe/home.

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 14, Commercial Whitewater Rafting
ADOPTED RULE NUMBER: 2020-141 (Emergency)
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted an emergency rule that will temporarily remove language requiring guide training runs from McKay station to a specific section of river. Damage to security fencing protecting the access point for commercial and noncommercial whitewater boating activities has resulted in the closure of the McKay Station access point. The emergency rule will temporarily require training runs to start just below the gorge (Little Eddy) on the West Branch of the Penobscot River. This change will allow commercial whitewater outfitters to conduct guide training runs for applicants wanting to obtain a Level One and Level Two whitewater guide license issued by the Department. This rule is emergency in nature to protect the health, safety and welfare of Maine citizens. Many members of the public rely on commercial whitewater outfitters to provide safe and enjoyable trips on these rivers. This sport may pose significant risks to the users of these rivers if outfitters are not skilled and knowledgeable in the navigation of those rivers and are not properly regulated.
EFFECTIVE DATE: June 18, 2020
IFW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov.
IFW WEBSITE: https://www.maine.gov/ifw/.