January 26, 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.

PROPOSALS

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 41, Atlantic Menhaden (2022 Harvest Start Date)
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2022-P001
BRIEF SUMMARY: This proposed rulemaking is a technical update amending the opening date of the State Allocation fishery from Monday, June 14, 2021 to Monday, June 13, 2022 at 12:01 a.m. for the 2022 fishing year.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: February 25, 2022
CONTACT PERSON FOR THIS FILING: Amanda Ellis, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: dmr.rulemaking@maine.gov.
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: Same
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6171
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/.
DMR WEBSITE: https://www.maine.gov/dmr/index.html.
DMR RULEMAKING LIAISON: dmr.rulemaking@maine.gov.

ADOPTIONS

AGENCY: 01-001 - Department of Agriculture, Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 701, Rules Governing Animal Welfare
ADOPTED RULE NUMBER: 2022-011
CONCISE SUMMARY:
Section I changes. Over the past several years, there have been many changes to the way people acquire pets and the level of care needed to maintain healthy animals. These changes are the result of investigations of complaints to the department and the result of inspections of licensed facilities. These changes also remove the redundant civil violations that already exist in current law.
Section VI changes. These changes improve and clarify the requirements for horse shelter and care of horses that are in poor health to ensure that they will receive proper care.
EFFECTIVE DATE: January 24, 2022
DACF CONTACT PERSON / RULEMAKING LIAISON: Shannon Ayotte, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-5976. Email: Shannon.Ayotte@Maine.gov.
DACF WEBSITE: https://www.maine.gov/dacf/index.shtml.

AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 856 (New), Combination of the Individual and Small Business Health Insurance Risk Pools
ADOPTED RULE NUMBER: 2022-012
CONCISE SUMMARY: The purpose of the rule is to establish the necessary conditions and procedures for implementation of the pooled individual and small group health insurance market, and the extension of Maine Guaranteed Access Reinsurance Association (MGARA) coverage to small group health insurance as provided in 24-A MRS §3958(1)(A-1). It also authorizes MGARA to implement a retroactive reinsurance program for individual health insurance in 2022 and, if applicable, in any subsequent year in which the pooled market has not been implemented.
EFFECTIVE DATE: January 24, 2022
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Benjamin Yardley, Senior Staff Attorney, Department of Professional & Financial Regulation, Bureau of Insurance, 76 Northern Avenue – 34 State House Station, Gardiner, ME 04345. Telephone: (207) 624-8537. Email: Benjamin.Yardley@Maine.gov.
AGENCY WEBSITE: https://www.maine.gov/pfr/insurance/.

AGENCY: 01-670 - Department of Agriculture, Conservation and Forestry (DACF), Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 8, Rules for Snowmobile Club Trail Maintenance Grant-In-Aid Program
ADOPTED RULE NUMBER: 2022-013
CONCISE SUMMARY: The Bureau of Parks and Lands, Off Road Recreational Vehicle Office, administers a Snowmobile Club Grant Program and a Snowmobile Municipal/County Grant Program. The grant application and grant reimbursement submission deadlines for these two programs do not match. This causes confusion for club volunteers administering these separate grants. Bringing the due dates in alignment with each other will eliminate confusion over grant submittal deadlines.
The Office is changing the snowmobile club grant filing deadline date from December 31st to December 1" and changing the deadline for grant reimbursement filing from April 30 to May 15". These changes will align the due dates with the Municipal/County grant deadlines in ch. 7.
Also, the Bureau intends to change all references to the "Off Road Vehicle Division" to the "Off Road Recreational Vehicle Office"; this change corrects the title of the program.
EFFECTIVE DATE: January 29, 2022
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Shannon Ayotte, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-5976. Email: Shannon.Ayotte@Maine.gov.
BUREAU WEBSITE: https://www.maine.gov/dacf/parks/index.shtml.