March 6, 2024

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: 01-017 – Department of Agriculture, Conservation and Forestry, Maine State Harness Racing Commission
CHAPTER NUMBERS AND TITLES: Ch. 1, Administration; Ch. 7, Racing; Ch. 11, Medications, Prohibited Substances and Testing; Ch. 17, Rule Violations and Penalties.
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P075, P076, P077, P078
BRIEF SUMMARY: The proposed changes to Chapter 1 include adding grounds for suspensions, revocation, and denial of a license and updating the breath analyzer test rule. Changes to Chapter 7 address placing horses on the Steward’s List and how they are removed and add clarification for other procedures surrounding race meets. In Chapter 11, the eligibility for furosemide and the procedure for administering it are changed. Penalty schedules are updated in Chapter 17. The proposed changes are to promote and ensure the efficiency and integrity of racing meets, to make the rules clearer for both participants and racing officials, and to protect the betting public as well as the horses that compete.
PUBLIC HEARING: N/A. Pursuant to 5 M.R.S. § 8052(1) and §8053(B), interested persons may request a public hearing by submitting a request in writing to the contact person for this filing.
COMMENT DEADLINE: April 5, 2024
CONTACT PERSON FOR THIS FILING/SMALL BUSINESS IMPACT STATEMENT: Shane Bacon, 28 State House Station, Augusta, ME 04333-0028. Telephone: 207-287- 7568. Email: Shane.Bacon@maine.gov
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): None
STATUTORY AUTHORITY FOR THIS RULE: 8 MRS Sections 263-A; 268; 275-C; 279-A; 279-B; and 281.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): N/A
AGENCY WEBSITE: https://www.maine.gov/dacf/harnessracing/index.shtml
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: Shane.Bacon@maine.gov

AGENCY: 10-144 - Department of Health and Human Services, Office for Family Independence
CHAPTER NUMBER AND TITLE: Ch. 301, Supplemental Nutrition Assistance Program (SNAP) Rules; Section 999-3, SNAP Rule #232P – 2024 Federal Poverty Level Updates
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P079
BRIEF SUMMARY: Maine exercises an option for Broad Based Categorical Eligibility under 7 C.F.R. § 273.2(j)(2) which includes a 200% Federal Poverty Level (FPL) test. This figure is not included in the figures updated each federal fiscal year per 7 C.F.R. § 273.9(a)(4), it is updated as soon as the the FPLs are published. This year’s FPLs were published at https://aspe.hhs.gov/poverty-guidelines on January 17. See also, Annual Update of the HHS Poverty Guidelines, Federal Register 89:11 (January, 17, 2024) pages. 2961-2963, https://www.govinfo.gov/content/pkg/FR-2024-01-17/pdf/2024-00796.pdf. The Department proposes to incorporate these figures effective retroactive to January 11, 2024. Retroactive rulemaking is permissible under 22 M.R.S. § 42(8) as these changes afford this benefit to more residents of the State of Maine and do not adversely impact applicants, participants, beneficiaries, or providers. The changes to Section 999-3 Chart 4 would make SNAP benefits and the related SNAP Employment and Training (E&T) services available to more Maine households.
  Federal rule 7 C.F.R.   273.9(a)(3) requires that FPL tests are updated each year, effective October 1st. The U.S. Department of Health and Human Services provided the updated Federal Poverty Guidelines on January 17, 2024. These figures are included in the figures updated each federal fiscal year per 7 C.F.R. § 273.9(a)(4). The Department proposes to incorporate these figures effective October 1, 2024. Incorporating these changes to Section 999-3 Chart 1, Chart 2, and Chart 3 will make SNAP benefits and the related SNAP Employment and Training (E&T) services available to more Maine households and reduce rulemaking effort and improve efficiency.
  See http://www.maine.gov/dhhs/about/rulemaking for rules and related rulemaking documents.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: Monday, April 8, 2024, at 5:00 p.m. E.T.
Written public comments may be submitted via the link at https://www.maine.gov/dhhs/about/rulemaking
CONTACT PERSON FOR THIS FILING: Ian Miller, Senior Program Manager – SNAP
Department of Health and Human Services, Office for Family Independence, 109 Capitol Street, Augusta, ME 04330-6841. Telephone: (207) 624-4138/Fax: (207) 287-3455, TT Users Call Maine Relay – 711. Email: Ian.Miller@maine.gov
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. §§ 42(1) and (8); 3104(13)
AGENCY WEBSITE: https://www.maine.gov/dhhs/ofi
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Emily.A.Cathcart@maine.gov

AGENCY: 10-144 - Department of Health and Human Services, Office for Family Independence
CHAPTER NUMBER AND TITLE: Ch. 330, Higher Opportunity for Pathways to Employment (HOPE) Program Rules; HOPE Rule #103 – Mileage Reimbursement Update
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P080
BRIEF SUMMARY: The proposed rule change would update Section 4(B)(3) – Transportation to be consistent with the rate afforded to those covered under the Maine Service Employees Association (MSEA) contract. The proposed rule change would refer readers to the MSEA rate found at https://www.maine.gov/osc/travel/mileage-other-info.
  The proposed rule change would be effective retroactive to March 1, 2024. Retroactive rulemaking is permissible under 22 M.R.S. § 42(8) as this update provides a benefit to HOPE recipients or beneficiaries and does not adversely impact applicants, participants, beneficiaries, or providers.
See http://www.maine.gov/dhhs/about/rulemaking for rules and related rulemaking documents.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: Monday, April 8, 2024, 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: Sheri Wilkens, HOPE Program Manager, Department of Health and Human Services, Office for Family Independence, 109 Capitol Street, Augusta, ME 04330-6841. Telephone: (207) 624-4103/Fax: (207) 287-3455, TT Users Call Maine Relay – 711. Email: Sheri.Wilkens@maine.gov
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. §§ 42(1) and (8); 3790-A(6)
AGENCY WEBSITE: https://www.maine.gov/dhhs/ofi
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Emily.A.Cathcart@maine.gov

AGENCY: 10-144 - Department of Health and Human Services, Office for Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Parts 2, 3 and 8; MaineCare Rule #304 – CHIP Coverage Group Change and Medicare Savings Program Change
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P081
BRIEF SUMMARY: The purpose of the proposed rule would remove the asset test for the Medicare Savings Program (MSP) based on a legislative change to 22 M.R.S. § 3174-LLL made by P.L. 2023, ch. 412.
  In addition, the Department submitted and received approval from the Center for Medicaid and CHIP Services for a CHIP State Plan Amendment to establish a Health Services Initiative (HSI) to provide comprehensive coverage during the 12-month postpartum period for individuals whose newborns had been eligible as targeted low-income children under the from-conception-to-end-of-pregnancy (FCEP) option. The benefits provided during this postpartum period are identical to the benefits provided to pregnant individuals enrolled in MaineCare. The Department’s recently approved SPA is consistent with Social Security Act § 2105(a)(1)(D)(ii) and 42 C.F.R. § 457.10. The proposed rule changes would increase access to health insurance coverage.
  The Department proposes to amend Part 2, Section 1, Cub Care, to “This program provides coverage for children under the age of 19 within certain income limits and different eligibility rules than Medicaid.”
  Part 3, Section, 4.2.1 and Section, 4.3 are changed to allow Transitional MaineCare (TM) coverage to begin the month after the individual becomes ineligible for MAGI coverage. In addition, the Department proposes to change the examples in these sections to show that the 12 months of TM coverage begins the month after the MAGI coverage closes due to the report of increased earnings or increased alimony.
  Part 2, Section 13.1(III) would be amended to “Effective December 1, 2023, pregnant individuals who are found eligible for Children’s Health Insurance Program (CHIP), and enrolled in CHIP while pregnant, under Part 3, Section 2.3(III) are continuously eligible for 12 months beyond the date the pregnancy ends.”
  Part 3, Section 2.3(III) would be updated to “Effective December 1, 2023, if an individual is eligible as a pregnant individual, and enrolled in CHIP while pregnant, eligibility from conception to end of pregnancy extends 12 months beyond the month in which the pregnancy ends, regardless of any subsequent changes in household income.” In addition, the Department proposes to change the countable income section to state: “Countable income is equal to or less than 208% FPL.”
  Part 8, Section 4 would remove the asset test for all Medicare Savings Plan coverage types effective retroactive to January 1, 2024.
  Retroactive rulemaking is permissible under 22 M.R.S. § 42(8) as these updates provide a benefit to recipients and applicants.
See http://www.maine.gov/dhhs/about/rulemaking for rules and related rulemaking documents.
PUBLIC HEARING: No public hearing is scheduled.
COMMENT DEADLINE: Monday, April 8, 2024, at 5:00 p.m. ET.
Written public comments may be submitted via the link at https://www.maine.gov/dhhs/about/rulemaking
CONTACT PERSON FOR THIS FILING: Adam Hooper, MaineCare Program Manager
Department of Health and Human Services, Office for Family Independence, 109 Capitol Street, Augusta, ME 04330-6841. Telephone: (207) 624-4178/Fax: (207) 287-3455, TT Users Call Maine Relay – 711. Email: Adam.Hooper@maine.gov
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. §§ 42(1) and (8); 3174-G(1); 3174-LLL
AGENCY WEBSITE: https://www.maine.gov/dhhs/ofi
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON:Emily.A.Cathcart@maine.gov

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE:  Ch. 16, Hunting
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P082
BRIEF SUMMARY:  This rulemaking proposal aligns Chapter 16 rules regarding crossbow use with state statutes. Bows and arrows and crossbows are now both considered to be “archery equipment” in statute, and this proposal incorporates this change in terminology to allow crossbow use in most situations where only bows and arrows were previously permitted. This rule change allows for the use of crossbows broadly during the expanded archery season for deer and the fall turkey season. The proposal also amends several town-specific hunting closures and modifies the rule to reflect the preferences of impacted towns. A section detailing the Eastport special hunt has been repealed as this hunt no longer occurs. A complete copy of the proposed rule may be obtained from the agency contact person. 
PUBLIC HEARING:  Monday, March 25, 2024 @ 4:00pm – Inland Fisheries & Wildlife, 353 Water Street, Room 400, Augusta 
COMMENT DEADLINE:  April 4, 2024
CONTACT PERSON FOR THIS FILING/SMALL BUSINESS IMPACT STATEMENT:  Becky Orff, Inland Fisheries & Wildlife, 41 State House Station, 353 Water Street, Augusta, ME  04333; Telephone: 207-287-5202; Email: Becky.Orff@maine.gov
IMPACT ON MUNICIPALITIES OR COUNTIES:  No fiscal impact is anticipated.
STATUTORY AUTHORITY FOR THIS RULE:  12 MRSA, Sections 10104 and 10952
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): N/A
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON:  Becky.Orff@maine.gov

AGENCY:  09-137  Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE:  Ch. 16, Hunting; 16.08 – Moose Hunting (permit allocations)
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P083
BRIEF SUMMARY:  The Department of Inland Fisheries and Wildlife is proposing moose permit allocation numbers for moose hunting permits to be issued for the 2024 moose hunting season. Permits will be issued for antlered and antlerless moose.  As was done previously, combined units are included wherein a permittee can hunt either WMD. Recommendations are for no changes to permit numbers from 2023. Removal of the 4th week of the adaptive hunt is also being proposed. Proposed permit allocations according to Wildlife Management District are as follows:
WMD 1 – 450 antlered / 175 antlerless
WMD 2 – 350 antlered /175 antlerless
WMD 3 – 200 antlered / 125 antlerless
WMD 4 – 400 antlered / 100 antlerless
WMD 4A (adaptive hunt) – 550 antlerless
WMD 5 – 250 antlered / 125 antlerless
WMD 6 – 200 antlered / 60 antlerless
WMD 7 & 13 (combined) – 140 antlered
WMD 8 – 200 antlered / 150 antlerless
WMD 9  -  125 antlered
WMD 10 – 60 antlered
WMD 11 – 50 antlered
WMD 12 & 15 (combined) – 40 antlered
WMD 14 & 17 (combined) – 40 antlered
WMD 16 – 0 permits
WMD 18 – 40 antlered
WMD 19 – 60 antlered
WMD 27 & 28 (combined) – 40 antlered
Totals:  4,105 – 2,645 (antlered); 1,460 (antlerless)
Please contact the agency contact person for a complete copy of the rule proposal.
PUBLIC HEARING:  Tuesday, March 26, 2024 @ 4:00pm – Inland Fisheries & Wildlife, 353 Water St., Room 400, Augusta, ME
COMMENT DEADLINE:  April 5, 2024
CONTACT PERSON FOR THIS FILING:  Becky Orff, Inland Fisheries and Wildlife, 353 Water Street 41 SHS, Augusta, ME 04333; phone: 207-287-5202; fax: 207-287-6395; e-mail: Becky.Orff@maine.gov
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS 11551, 11552
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITE:  www.maine.gov/ifw
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON:  Becky.Orff@maine.gov

AGENCY:  18-125 - Department of Administrative and Financial Services (DAFS), Maine Revenue Services (MRS)
CHAPTER NUMBER AND TITLE:  Ch. 811, Student Loan Repayment Tax Credit
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P084
BRIEF SUMMARY: Maine Revenue Services is proposing new Rule 811 (“Student Loan Repayment Tax Credit”) to clarify how individual income tax taxpayers may claim and calculate the Student Loan Repayment Tax Credit.  The credit applies to taxable years beginning after 2021.
PUBLIC HEARING:  N/A
COMMENT DEADLINE:  April 5, 2024
CONTACT PERSON FOR THIS FILING/SMALL BUSINESS IMPACT STATEMENT: Alex Weber, Office of General Counsel, Maine Revenue Services, 24 State House Station, Augusta, ME 04333-0024. Telephone: (207) 624-9712. Email: Alexander.J.Weber@maine.gov
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):  N/A
STATUTORY AUTHORITY FOR THIS RULE:  36 M.R.S. §§ 112 and 5217-E
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):  N/A
AGENCY WEBSITE:  www.maine.gov/revenue
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON:  Anya.Trundy@maine.gov

ADOPTIONS

AGENCY: 12-172 - Department of Labor, Bureau of Unemployment Compensation
CHAPTER NUMBER AND TITLE: Ch. 8, Payments for Dependents
ADOPTED RULE NUMBER: 2024-045
CONCISE SUMMARY: This chapter amends the criteria for determining when a claimant is eligible for a dependency allowance, in accordance with  recent statutory changes to 26 M.R.S. § 1191(6) made by Public Law 2021 Chapter 456.
EFFECTIVE DATE: March 5, 2024
AGENCY CONTACT PERSON: Isaac H. Gingras, Department of Labor, 54 State House Station, Augusta, ME 0433-0054. TELEPHONE: 207-626-6232.
AGENCY WEBSITE: https://www.maine.gov/unemployment/
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON Isaac.H.Gingras@maine.gov

AGENCY: 12-172 - Department of Labor, Bureau of Unemployment Compensation 
CHAPTER NUMBER AND TITLE: Ch. 26, Waivers of Repayment of Erroneously Paid Benefits (Overpayments)
ADOPTED RULE NUMBER: 2024-046
CONCISE SUMMARY: The changes incorporate recent statutory changes to the law under Public Law 2021 Chapter 456, specifying that waiver determinations will be made in the first instance by Bureau of Unemployment Compensation.  The Rule refines and clarifies the criteria used in determining whether an overpayment will be waived.
EFFECTIVE DATE: March 5, 2024
AGENCY CONTACT PERSON: Isaac H. Gingras, Department of Labor, 54 State House Station, Augusta, ME 0433-0054. TELEPHONE: 207-626-6232.
AGENCY WEBSITE: https://www.maine.gov/unemployment/
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Isaac.H.Gingras@maine.gov

AGENCY: 02-395 - Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation, Plumbers’ Examining Board
CHAPTER NUMBER AND TITLE: Ch. 4, Installation Standards
ADOPTED RULE NUMBER: 2024-047
CONCISE SUMMARY: This rulemaking implements LD 675, codified as Resolves 2023, ch. 65, and updates the plumbing code adopted by the board to include Chapter 4, Section 422 of the 2024 Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials (IAPMO), with modifications required by Title 22, sections 1686 and 1686-A.  The rule amendment will result in toilet facilities designed for use by all genders to be considered towards meeting the minimum number of fixtures required by the plumbing code.   
  The rulemaking also adds to the persons authorized to apply for and obtain plumbing permits a dealer or mechanic, duly licensed pursuant to 10 M.R.S. § 9022(1) or (3), for connection to existing water supply and sewage systems necessary for the use of HUD-code homes or pre-HUD-code homes for dwelling purposes in accordance with 10 M.R.S. § 9002(6). 
EFFECTIVE DATE: March 6, 2024
AGENCY CONTACT PERSON: Kristin Racine, Deputy Director, Office of Professional and Occupational Regulation, Plumbers’ Examining Board, 35 State House Station, Augusta, ME 04333-0035. Telephone: 207-624-8627
AGENCY WEBSITE: https://www.maine.gov/pfr/professionallicensing/professions/plumbers-examining-board
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: Kristin.Racine@maine.gov

AGENCY: 05-071 – Department of Education 
CHAPTER NUMBER AND TITLE: Ch. 52, Grant Application and Award Procedure Fund for School Meal Equipment and Program Improvement
ADOPTED RULE NUMBER: 2024-048
CONCISE SUMMARY: As a result of Public Law 2023, Chapter 457 (codified at 20-A MRSA §6664), the Maine Department of Education is proposing a new rule to govern the administration of the School Meal Equipment and Program Improvement Fund.   The proposed rule was given a public comment period between January 17-February 16, 2024 and the Department received no comments during that time. As such, the Department is adopting of the routine technical rule as proposed.
EFFECTIVE DATE: March 5, 2024 
AGENCY CONTACT PERSON: Laura Cyr, Maine Department of Education, 23 State House Station, Augusta, ME 04330. Telephone: 207-446-8791.
AGENCY WEBSITE: https://www.maine.gov/doe/home
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: Laura.Cyr@maine.gov 

AGENCY:  16-227 – Department of Public Safety, Maine Criminal Justice Academy Board of Trustees
CHAPTER NUMBER AND TITLE:  Ch. 13, Minimum Standards for Mandatory Policy on Response to Domestic Abuse 
ADOPTED RULE NUMBER: 2024-049 
CONCISE SUMMARY:  The Maine Criminal Justice Academy Board of Trustees is adopting this rule to establish minimum policy standards with which law enforcement agencies and their staff must comply.  This policy requirement requires law enforcement agencies to implement comprehensive procedures that will instruct and guide their law enforcement staff  on proper handling of domestic abuse and related complaints.
EFFECTIVE DATE: March 10, 2024
AGENCY CONTACT PERSON: Assistant Director Lincoln Ryder, Maine Criminal Justice Academy, 15 Oak Grove Road, Vassalboro, ME  04989. Telephone: 207-877-8008, Fax:  207-877-8027 
AGENCY WEBSITE: www.maine.gov/dps/mcja
Lincoln.E.Ryder@maine.gov