February 2, 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: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #03-22
PROPOSED RULE NUMBER: 2022-P011
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: February 17, 2022, Thursday, starting at 10:30 a.m., Room 101, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: February 17, 2022
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MLC 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):
MLC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml.

AGENCY: 02-318 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Electricians’ Examining Board
CHAPTER NUMBERS AND TITLES:
Ch. 100: Definitions
Ch. 110: Conflict of Interest
Ch. 115: Advisory Rulings
Ch. 130: Examination and Licensing Requirements
Ch. 135: Electrical Permits
Repeal:
Ch. 125: Scope of Practice
Ch. 140: Board Fees
Ch. 170: Denial Appeals
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBERS: 2021-P164 thru P171 (2nd publication)
BRIEF SUMMARY: The Electricians’ Examining Board is requesting comments concerning changes to the proposed rulemaking that was provided for public comment in September 2021 and at a public hearing that took place on October 15, 2021. Changes are being proposed to ch. 130, Examination and Licensing Requirements, based on specific findings that modifications were needed to conform the proposed rule to 32 MRS §§ 1202-A(2)(B)(1), 1202-A(2)(B)(5), 1202-A(3)(B)(2), 1202-A(4)(B)(2), and 1202-A(5)(D). The changes include eliminating a restriction that hours of experience as a licensed limited electrician would not count as hours of work experience needed to qualify to sit for the journeyman examination pursuant to 32 MRS §1202-A(2)(B)(1). The changes to the proposed rule also eliminate any restriction as to the consideration by the Board of hours of work experience as a licensed limited electrician to qualify to sit for the journeyman or the master electrician examination pursuant to §§ 1202-A(2)(B)(5), 1202-A(4)(B)(2); or to qualify for journeyman-in-training licensure pursuant to §1202-A(3)(B)(2). Other changes are being proposed to address minor technical typographical errors.
PUBLIC HEARING: N/A. A public hearing may be requested in accordance with 5 MRS §8052(1).
COMMENT DEADLINE: Monday, March 7, 2022 by 5:00 p.m.
CONTACT PERSON FOR THIS FILING: Catherine M. Carroll, Board Administrator, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. TTY users call Maine Relay 711. Email: Catherine.M.Carroll@Maine.gov.
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: N/A
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THESE RULES: 32 MRS §§ 1101, 1102-C(4), 1151, 1153, 1153-A, 1202-A, 1203, 1203-A, 1204; 5 MRS §9001(4); 10 MRS §8007
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITE: www.maine.gov/professionallicensing.
AGENCY RULEMAKING LIAISON: Kristin.Racine@Maine.gov.
BOARD WEBSITE: https://www.maine.gov/pfr/professionallicensing/professions/electricians.

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 33, Rules Governing Physical Restraint and Seclusion
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2021-P203 (2nd publication)
BRIEF SUMMARY: The Department is opening a second comment period limited to proposed definitions for protective physical interventions and voluntary, and a refined definition for serious physical injury as the result of comments received in response to the proposed rule.
COMMENT DEADLINE: March 4, 2022
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Bear Shea, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 441-7404. Email: W.Bear.Shea@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS §4104(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOE RULEMAKING WEBSITE: https://www.maine.gov/doe/about/laws/rulechanges.
DOE WEBSITE: https://www.maine.gov/doe/.
DOE RULEMAKING LIAISON: Jaci.Holmes@Maine.gov.

ADOPTIONS

AGENCY: 16-222 – Department of Public Safety (DPS), Maine State Police (MSP)
CHAPTER NUMBER AND TITLE: Ch. 1, Maine Motor Vehicle Inspection Manual
ADOPTED RULE NUMBER: 2022-014
CONCISE SUMMARY: The amended regulation updates and makes various changes – some technical, some substantive – to the Maine Motor Vehicle Inspection Manual, to ensure for the effective administration of Maine motor vehicle inspection program.
EFFECTIVE DATE: January 31, 2022
CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Christopher Parr, Department of Public Safety – Maine State Police, 45 Commerce Drive – Suite 1, Augusta, ME 04333-0042. Telephone: (207) 624-7200. TTY: (207) 287-3659. Email: Christopher.Parr@Maine.gov .
MSP WEBSITE: https://www.maine.gov/dps/msp/.

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
ADOPTED RULE NUMBER: 2022-015 (Emergency)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #03-22
CONCISE SUMMARY: Minimum February 2022 Class I price is $24.89/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $28.23/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: January 30, 2022
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MLC 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.
MLC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml.