May 10, 2023

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: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 609, Food Supplement Employment and Training (FSET) Program Rule: SNAP E&T #6, Name Change and Other Clarifications
PROPOSED RULE NUMBER: 2023-P093
BRIEF SUMMARY: The proposed rule would update the program name and references to the Supplemental Nutrition Assistance Program Employment and Training Program (SNAP E&T) from FSET to reflect recent updates for the SNAP program. These changes are consistent with the terminology used in federal law, state laws and regulation. Further, PL 2021 ch. 398 Part OO made this change throughout Maine’s revised statutes.
The proposed rule clarifies federal requirements for case management and job retention services and makes other minor updates to clarify wording. Each of these changes more closely aligns the rule with 7 CFR §273.7.
In addition, the proposed rule seeks to update Section 8(I) Support Service Limits – Mileage Reimbursement to .46 cents per mile to align with the rate afforded to those covered under the Maine State Employees Association (MSEA) contract. This change would be effective retroactive to March 1, 2023. Retroactive rulemaking is permissible under 22 MRS §42(8) as this update provides a benefit to SNAP E&T recipients and does not adversely impact applicants, participants, beneficiaries, or providers.
See https://www.maine.gov/dhhs/about/rulemaking for rules and related rulemaking documents.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: Monday, June 12, 2023, at 5:00 p.m. EST. Written public comments may be submitted via the link at https://www.maine.gov/dhhs/about/rulemaking.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Patricia Dushuttle, Special Projects Manager - SNAP, Department of Health and Human Services - Office for Family Independence, 109 Capitol Street – 11 State House Station, Augusta, ME 04330-6841. Telephone: (207) 624-6907. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Patricia.Dushuttle@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42(1) and (8), 3737(3)
OFI WEBSITE: https://www.maine.gov/dhhs/ofi.
OFI RULEMAKING LIAISON: Dan.Cohen@Maine.gov.
DHHS WEBSITE: https://www.maine.gov/dhhs/.
DHHS RULEMAKING LIAISON: Sara.Gagne-Holmes@Maine.gov.

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting: 16.07, Deer Hunting (Antlerless Deer Permit Allocations)
PROPOSED RULE NUMBER: 2023-P094
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife (IFW) is proposing to adopt antlerless deer permit (ADP) numbers for the 2023 deer hunting seasons and special muzzle-loading season by setting specific permit allocations by Wildlife Management District (WMD) or deer management subunit. Antlerless deer permit numbers are adjusted by IFW on an annual basis by department biologists who consider deer harvest levels, biological metrics and indices, and estimates of winter severity when evaluating the status of the deer population within each wildlife management district (WMD). Antlerless deer permit recommendations are based on removal rates of adult does that will stabilize, increase, or decrease deer densities. Also included in the proposal is a change to establish a 2-day youth hunt to implement recommendations from the 131st Maine Legislature. A complete copy of the proposal may be requested by contacting the Agency Contact Person.
PUBLIC HEARING: Thursday, June 1, 2023 @ 4:00 p.m. – Inland Fisheries & Wildlife, 353 Water Street - Room 400, Augusta, ME
COMMENT DEADLINE: June 12, 2023
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 353 Water Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 11152, 11402
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw.

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 17, Trapping: 17.06(2.B.), Beaver Trapping
PROPOSED RULE NUMBER: 2023-P095
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing annual adjustments to the areas where beaver trapping is opened or prohibited. Such closures are made to manage beavers and beaver conflicts on a local scale. As in previous years, the Department is proposing to open or close certain areas to beaver trapping in response to requests from landowners. The current list of beaver trapping closures has proposed modifications in towns within WMDs 17 and 23. A copy of the complete proposal can be requested from the Agency Contact Person.
PUBLIC HEARING: Tuesday, May 30, 2023 @ 4:00 p.m. – Inland Fisheries and Wildlife, 353 Water Street - Room 400, Augusta, ME
COMMENT DEADLINE: June 9, 2023
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 353 Water Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 12251
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
AGENCY WEBSITE: www.maine.gov/ifw.
IFW WEBSITE: www.maine.gov/ifw.

AGENCY: 16-633 - Department of Public Safety (DPS), Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 13, Exclusion
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2023-P096
BRIEF SUMMARY: The rule package updates the rules governing self-exclusions at casinos.
PUBLIC HEARING: None applicable
COMMENT DEADLINE: June 9, 2023
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / AGENCY RULEMAKING LIAISON: Milton Champion, Gambling Control, 45 Commerce Drive - Suite 3, Augusta ME 04333-0087. Telephone: (207) 626-3901. Email: Milton.F.Champion@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 8 MRS §1003(1)(B) and (3)(I)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITE: https://www.maine.gov/dps/gamb-control/.

ADOPTIONS

No adoption notices this week.