July 27, 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:16-633 - Department of Public Safety (DPS), Gambling Control Unit
CHAPTER NUMBER AND TITLE: Ch. 32, Rules Relating to Games of Chance
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2022-P075 (2nd publication)
BRIEF SUMMARY: These rules are to update areas of concern from prior changes that include immediate family member definition, authority to close sealed ticket games, posting of top awards, the reporting of winners of five dollars or more and the repeal of registrants from sub 6 reports and records required.
PUBLIC HEARING: N/A
COMMENT DEADLINE: August 26, 2022
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Milton Champion, Executive Director, 45 Commerce Drive - Suite 3, Augusta, ME 04333. Telephone: (207) 626-3901. Email: Milton.F.Champion@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 17 MRS Ch. 62 §1843, §317
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITE: https://www.maine.gov/dps/gamb-control/index.html.
DPS RULEMAKING LIAISON: Christopher.Parr@Maine.gov.

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 313, Customer Net Energy Billing
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2022-P126
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking proceeding to amend its Net Energy Billing (NEB) rule (Ch. 313) as required to reflect recently enacted legislation
PUBLIC HEARING: August 17, 2022 at 9:30 a.m. at the Public Utilities Commission, 26 Katherine Drive, Hallowell, Maine 04347
COMMENT DEADLINE: August 29, 2022. Written comments on the proposed rule may be filed until close of business on August 29, 2022. However, the Commission requests that comments be filed by close of business on August 12, 2022 to allow for follow up inquires during the hearing. Supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2022-00185, and be filed using the Commission’s case management system (CMS) which is accessible from the Commission’s website.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Mitch Tannenbaum, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1391. Email: Mitchell.Tannenbaum@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 1301, 3209-A, 3209-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: https://www.maine.gov/mpuc/.
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov.

AGENCY: 02-514 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Counseling Professionals Licensure
CHAPTER NUMBER AND TITLE: Ch. 6-A (New), Licensure by Endorsement
TYPE OF RULE (check one): Routine Technical
PROPOSED RULE NUMBER: 2022-P127
BRIEF SUMMARY: The principal reason for this proposed rulemaking is to propose a rule to implement a pathway for licensure by Endorsement pursuant to Public Law 2021 Ch. 167, “An Act to Facilitate Licensure for Credentialed Individuals from Other Jurisdictions”.
DETAILED SUMMARY: For a copy of the proposed rule and related documents, please direct your request to the contact person for this filing or visit: https://www.maine.gov/pfr/professionallicensing/professions/board-of-counseling-professionals-licensure and scroll down to “What’s New.”
Ch. 6-A, Licensure by Endorsement: This rulemaking proposes to create a new chapter – Ch. 6-A - titled Licensure by Endorsement. This chapter describes the pathway for Maine licensure for applicants with an active license in a U.S. jurisdiction that maintains licensing requirements that are substantially equivalent to Maine’s requirements. This rule implements LD 149 (enacted as PL 2021 Ch. 167 and codified at 10 MRS §8003-H), “An Act to Facilitate Licensure for Credentialed Individuals from Other Jurisdictions”, and LD 2035 (PL 2021 Ch. 642), “An Act to Make Changes to the Laws Regarding Licensure of Certain Individuals from Other Jurisdictions”.
PUBLIC HEARING: N/A. Pursuant to 5 MRS §8052(1) and §8053(3)(B), a hearing may be requested by five (5) interested persons by submitting a request in writing to contact person for this filing.
COMMENT DEADLINE: Friday, August 26, 2022 at 5:00 p.m. Comments may be submitted in writing to the contact person for this filing.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Kristina M. Halvorsen, 35 State House Station, Augusta, ME 04333 telephone: (207) 624-8420. TTY: Maine relay 711. Email: Kristina.M.Halvorsen@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §§ 13853(2), 13853(11), 13858(8); 10 MRS §8003-H.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: PL 2022 Ch. 642 §§ 40-41
AGENCY WEBSITE: https://www.maine.gov/pfr/professionallicensing/professions/board-of-counseling-professionals-licensure.
OPOR RULEMAKING LIAISON: Kristin.Racine@Maine.gov.

ADOPTIONS

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 #08-22
ADOPTED RULE NUMBER: 2022-138 (Emergency)
CONCISE SUMMARY: Minimum August 2022 Class I price is $28.38/cwt. plus $1.58/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 Class I Dealer Cost of$31.67/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: July 31, 2022
MMC CONTACT PERSON / RULEMAKING LIAISON: Julie-Marie R. Bickford, DACF - Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Julie-Marie.Bickford@Maine.gov.
MMC WEBSITE: https://www.maine.gov/dacf/milkcommission/index.shtml.
DACF WEBSITE: https://www.maine.gov/dacf/index.shtml.
DACF RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov.