January 27, 2021

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: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 60 Section 10, Kennebec River Fish Restoration Management Plan (Notice of Public Hearing)
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P242 (2nd publication)
BRIEF SUMMARY: On December 30, 2020, public notice of the proposed rulemaking related to the Kennebec River Management Plan Diadromous Resources Amendment was published and processed in accordance with applicable law. During the comment period, DMR received requests to hold a public hearing on the rule proposal. Therefore, DMR has scheduled a public hearing to take additional public comment on the proposed change. Any written feedback received by the agency during the initial comment period is part if the record and will also be considered by DMR in evaluating the proposed change. DMR will also accept written comments ten days after the hearing. The public hearing will be held remotely and interested persons need to register to participate in the proceeding no later than 12 p.m. on February 16, 2021. Instructions on how to register and a copy of the proposed rule is available at: https://www.maine.gov/dmr .
PUBLIC HEARING: February 16, 2021, 3:00 p.m. Hearing will be held remotely.
COMMENT DEADLINE: February 26, 2021
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553. Email: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 6171 (2-A), 6191(2)(A)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
AGENCY RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 16-633 - Department of Public Safety (DPS), Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 29, Promotional Credits and Other Player Incentives
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P010
BRIEF SUMMARY: The rule package changes controls for match play to permit patron's gaming chips used for match play must be equivalent to or greater than the value to the promotional item.
PUBLIC HEARING: None applicable
COMMENT DEADLINE: February 26, 2021
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / BOARD RULEMAKING LIAISON: Milton Champion, 45 Commerce Drive - Suite 3, Augusta, ME 04333-0087. Telephone: (207) 626-3901. Email: Milton.F.Champion@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: N/A
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 8 MRS §§ 1001(26), 1003(1)(B),3(E),3(J)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITE: https://www.maine.gov/dps/gamb-control/

ADOPTIONS

AGENCY: 16-163 - Department of Public Safety (DPS), Maine Emergency Medical Services (Maine EMS)
CHAPTER NUMBERS AND TITLES: Ch. 1-19 of the Maine EMS System Rules
ADOPTED RULE NUMBERS: 2021-004 to 025
CONCISE SUMMARY: Over the past several years the Maine EMS Board conducted a systematic review of the Maine EMS System rules. The Board has removed or updated many outdated references and has proposed additions to the rules in an effort to assist with the management of the Maine EMS System and to ensure optimum patient care. These changes include updates to language in the following chapters:
* Ch. 1, Mission and Goals of the Maine EMS System
* Ch. 2, Definitions
* Ch. 3, Ground Ambulance Service and Non-transporting Service Licenses
* Ch. 3-A, Emergency Medical Dispatch Center Licenses
* Ch. 4, Air Ambulance Service Licenses
* Ch. 5, Personnel Licenses
* Ch. 5-A, Emergency Medical Dispatcher Licenses
* Ch. 6, Advanced Life Support Drugs and Medications
* Ch. 7, State Licensure Examinations
* Ch. 8, Training Courses and Continuing Education Programs Used for Licensure
* Ch. 8-A, Training Centers
* Ch. 9, Instructor Coordinator Licenses
* Ch. 9-A, Emergency Medical Dispatch Training, Instructors, and Continuing Education Programs
* Ch. 10, Reciprocity
* Ch. 11, Standards and Procedures for Refusing to Issue or Renew a License, and for Modifying, Suspending, or Revoking a License
* Ch. 12, Procedures for Licensing Actions And Board Actions
* Ch. 13, Waiver of the Rules
* Ch. 14, Sexual Misconduct
* Ch. 15, Maine EMS Regions and Regional Councils
* Ch. 16, Death Benefits for Emergency Medical Services Persons Who Die in the Line of Duty
* Ch. 17, Equipment Lists for Maine EMS Services and Regional EMS Radio Frequencies
* Ch. 18, Quality Assurance and Improvement
EFFECTIVE DATE: January 10, 2021
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Jason A. Oko, Maine Emergency Medical Services, 152 State House Station, Augusta, Maine 04333-0152. Telephone: (207) 626-3863. Email: Jason.A.Oko@Maine.gov .
MAINE EMS WEBSITE: https://www.maine.gov/ems/ .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.08, Targeted Scallop Conservation Closures: (7) Roque Island Harbor and Kennebec River in Englishman’s Bay Rotational Area; (8) Harrington and Pleasant Rivers in Addison Rotational Area; (9) Fox Island Thorofare in Isle au Haut Rotational Area; and (10) Casco Passage and western Toothacher Bay in Swan’s Island Rotational Area
ADOPTED RULE NUMBER: 2021-026 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking to establish scallop conservation closures in Roque Island Harbor and Kennebec River; Harrington and Pleasant Rivers; Fox Islands Thorofare; and, Casco Passage and western Toothacher Bay in Zone 2. The Department is concerned that continued harvesting for the remainder of the 2020-2021 fishing season in these areas will reduce scallop broodstock further, as well as jeopardize sublegal scallops that were observed in the 2020 Spring Scallop survey that is essential to the ongoing recruitment, regrowth and recovery of the scallop resource. An immediate conservation closure is necessary to reduce the risk of unusual damage and imminent depletion of the scallop resource in these four scallop resource 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: January 17, 2021
DMR CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 441-5040). Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/
DMR WEBSITE: https://www.maine.gov/dmr/index.html .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .