January 5, 2022

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.

NOTICE

AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections and Commissions
RULE TITLE OR SUBJECT: Request for Comments on the Maine Administrative Procedure Act (APA)
CONCISE SUMMARY: By the end of January, 2022, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rulemaking process. We will include a summary on these recommendations in the report. Please submit comments via email or U.S. postal.
STATUTORY AUTHORITY: 5 MRS §8056-A
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 25, 2022
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary of State, 101 State House Station, Augusta, ME 04333. Telephone: (207) 624-7650. Fax: (207) 287-6545. Email: Don.Wismer@Maine.gov.
WEBSITE: http://www.maine.gov/sos/cec/rules/index.html .

PROPOSALS

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #02-22
PROPOSED RULE NUMBER: 2021-P245
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS §2954.
PUBLIC HEARING: January 20, 2022, Thursday, starting at 4:00 p.m., Room 101, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: January 20, 2022
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Julie-Marie Bickford, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521.Email: Julie-Marie.Bickford@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8054; 7 MRS §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml.

AGENCY: 01-017 – Department of Agriculture, Conservation and Forestry (DACF), Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 21, General Hearing Procedures
PROPOSED RULE NUMBER: 2021-P246
BRIEF SUMMARY: This is a “repeal and replace” makeover of the chapter in which much of previous language will be repealed because it was derived from, and is redundant to, the Maine Administrative Procedure Act (MAPA). While the MAPA has been amended, ch. 21 has not kept pace and is now in conflict with MAPA in places. Moreover, there is no legal or practical advantage to repeating statute in rule. In addition to the repeal of MAPA language, some of the more confusing language was clarified.
PUBLIC HEARING: No public hearing is scheduled.
COMMENT DEADLINE: 5:00 p.m. on February 4, 2022
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Henry Jennings, Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-7543. Email: Henry.Jennings@Maine.gov.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 8 MRS §§ 263-A, 264, 267-A, 268, 272-B, 272-C, 279, 279-A, 279-E, 281, 298
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: none
RACING COMMISSION WEBSITE: https://www.maine.gov/dacf/harnessracing/index.shtml.
RACING COMMISSION RULEMAKING LIAISON: Emily.Horton@Maine.gov.

ADOPTIONS

AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 146 (New), Hydrofluorocarbon Prohibitions
ADOPTED RULE NUMBER: 2021-262
CONCISE SUMMARY: This rule restricts the use of certain hydrofluorocarbon compounds with high global warming potentials in specific end-use categories as required by Public Law 2021 ch. 21.
EFFECTIVE DATE: Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-6115. Email: Erle.Townsend@Maine.gov .
DEP WEBSITE: https://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Mark.T.Margerum@Maine.gov