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Home > Weekly Rule-making Notices > April 23, 2014

April 23, 2014

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. 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 rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making 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 rule-making liaisons, who are single points of contact for each agency.


PROPOSALS


AGENCY: 02-318 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Maine Electricians' Board
CHAPTER NUMBER AND TITLE: Ch. 120, Electrical Installation Standards (amendment); and Ch. 125, Scope of Practice (amendment)
PROPOSED RULE NUMBER: 2014-P069, P070
BRIEF SUMMARY: The proposed amendments to Ch. 120 conform to the National Electrical Code for Maine for the adoption of the 2014 edition of the National Electrical Code ("NEC"). The proposed amendment to Ch. 125 deletes Section 8 "Electrical Company" as a license issued by the Board.
PUBLIC HEARING: May 16, 2014, 9:00 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine 04345
COMMENT DEADLINE: May 26, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Catherine M. Carroll, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. E-mail: Catherine.M.Carroll@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §§ 1102-B(2) and (4), 1153, 1153-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/electricians/index.html .
PFR RULE-MAKING LIAISON: Anne.L.Head@Maine.gov .



AGENCY: 02-658 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Maine Fuel Board
CHAPTER NUMBER AND TITLE: Ch. 13, Installation of Propane and Natural Gas Burning Equipment: Section 13.7, "Conversion Burners"
PROPOSED RULE NUMBER: 2014-P071
BRIEF SUMMARY: Ch. 1 - 13 adopted by the Maine Fuel Board on February 28, 2014 were submitted to the Attorney General for approval. Based on the review by the Attorney General, it was concluded that there were changes to Ch. 13, Section 13.7 “Conversion Burners”, that represent a substantial difference from the original proposed rule and that further comment should be allowed on all of the provisions of Section 13.7. Therefore, Ch. 13, Section 13.7 is reopened in its entirety for public comment and hearing pursuant to 5 MRS §8052(5)(B).
WRITTEN COMMENT: Written statements concerning Section 13.7 "Conversion Burners" may be filed with the agency's contact person until 5:00 p.m., Thursday, May 1, 2014. Written statements received by May 1st deadline will then be posted on the Board's website: www.maine.gov/professionallicensing .
PUBLIC HEARING: 1:00 p.m., Wednesday, May 14, 2014, 76 Northern Avenue, Gardiner, Maine 04345
COMMENT DEADLINE: 5:00 p.m., Friday, May 23, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Catherine M. Carroll, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. E-mail: Catherine.M.Carroll@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §18123(2); 5 MRSA
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/fuel/ .
PFR RULE-MAKING LIAISON: Anne.L.Head@Maine.gov .



AGENCY: 16-633 – Department of Public Safety, Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 5, Internal Controls
PROPOSED RULE NUMBER: 2014-P072
BRIEF SUMMARY: This rule outlines the minimum internal control procedures to be followed by licensed gambling facilities and explains how those facilities may obtain permission to deviate from these procedures.
DETAILED BASIS STATEMENT / SUMMARY: The rule defines "emergency drop" and "emergency situation" in order to clarify when an unscheduled drop is appropriate. Regulatory language was removed from the definitions section, and duplicative definitions were removed other sections of the rule. The process for slot machine jackpot payouts has been changed such that casinos or slot facilities are now required to record the reference to the winning combination of reel characters constituting the jackpot and fewer witnesses and signatures are necessary throughout the jackpot payout process. Instead, all jackpots will now be paid out under camera coverage and the recording shall be saved for a minimum of seven days. The rule adds a requirement that licensed employees wear or display their employee license. Cross fills are now prohibited. The location of the card game drop box will be subject to the approval of the Board.
PUBLIC HEARING: None
COMMENT DEADLINE: May 23, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Patrick J. Fleming, Executive Director, Gambling Control Board, 87 State House Station, Augusta, ME 04333. Telephone: (207) 626-3900. E-mail: Patrick.J.Fleming@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA ch. 31 §1003
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/dps/GambBoard/index.html .



AGENCY: 16-633 – Department of Public Safety, Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 10, Slot Machine Maintenance
PROPOSED RULE NUMBER: 2014-P073
BRIEF SUMMARY: Before an approved slot machine may be placed in operation, the operator must ensure that its personnel are trained in that model's maintenance and repair. A log will be kept in each machine, and anyone accessing the machine will make a notation in the log.
DETAILED BASIS STATEMENT / SUMMARY: No slot machine may be placed in Maine until the operator has provided its personnel with sufficient and appropriate training in the service and repair of the slot machine model. Each machine will have a Machine Entry Authorization Log (M.E.A.L.) in the cabinet access area, and every person who enters the machine for maintenance or repair shall sign the M.E.A.L. and provide required information. The M.E.A.L. will be retained by the operator for three years from the date of the last entry and shall be made available to the Board or the department upon request. An amendment to the rule requires a notation in the M.E.A.L. any time a person gains entry into the machine.
PUBLIC HEARING: None
COMMENT DEADLINE: May 23, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Patrick J. Fleming, Executive Director, Gambling Control Board, 87 State House Station, Augusta, ME 04333. Telephone: (207) 626-3900. E-mail: Patrick.J.Fleming@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA ch. 31 §1003
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/dps/GambBoard/index.html .



AGENCY: 16-633 – Department of Public Safety, Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 11, Transportation of Slot Machines and Table Games
PROPOSED RULE NUMBER: 2014-P074
BRIEF SUMMARY: The rule establishes a method for tracking the movement of slot machines and table games between operators and distributors in Maine. It also outlines the process for registering slot machines and table games.
DETAILED BASIS STATEMENT / SUMMARY: Before a slot machine or table game may be transported into Maine, the distributory must obtain permission from the Executive Director of the Board and must provide certain information. The operator or distributory receiving the slot machine or table game must also report certain information to the Board. Once a machine is in the state, it may be transported by an entity approved by the Board between locations in the State or by an operator who obtains approval from the Board or its designee. Slot machines and table games may be transported out of Maine by a distributor or an entity approved by the Board. All slot machines and table games must be inspected and marked with a registration decal before being placed in use, and the decal must be removed by Department personnel before the machine is transported out of state or transported for destruction.
PUBLIC HEARING: None
COMMENT DEADLINE: May 23, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Patrick J. Fleming, Executive Director, Gambling Control Board, 87 State House Station, Augusta, ME 04333. Telephone: (207) 626-3900. E-mail: Patrick.J.Fleming@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA ch. 31 §1003
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/dps/GambBoard/index.html .



AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
CHAPTER NUMBER AND TITLE: Ch. 300, Certification Standards for Municipal Code Enforcement Officers and Third-Party Inspectors
PROPOSED RULE NUMBER: 2014-P075
BRIEF SUMMARY: This chapter establishes the standards and procedures that the Office of Community Development uses to certify and recertify local code enforcement officers, local plumbing inspectors, municipal building officials, and third-party building inspectors, as required by 30-A MRSA §4451 and 10 MRSA ch. 1103. The Office proposes amending its rule to incorporate law changes and amend certification standards for the Maine Uniform Building and Energy Code.
DETAILED BASIS STATEMENT / SUMMARY: This chapter establishes the standards and procedures that the Office of Community Development uses to certify and recertify local code enforcement officers, local plumbing inspectors, municipal building officials, and third-party building inspectors, as required by 30-A MRSA §4451 and 10 MRSA ch. 1103. The Office's authority to promulgate this rule comes from 30-A MRSA §4451(5).
The rule amendments incorporate law changes and modify program delivery as a result of those law changes; and amend certification standards for the Maine Uniform Building and Energy Code.
The amendments respond to law changes as follows:
1) 25 MRSA ch. 331 that regulates construction for physically disabled" has been struck from the definition of building standards because it has been repealed.
2) "Office" means the Department of Economic and Community Development's Office of Community Development. This is due to dissolution of the State Planning Office and the subsequent relocation of the Code Enforcement Training and Certification Program.
3) The population figure is changed from "2,000" in the previous rule, to "4,000" which is consistent with a change made to Title 10, Part 14, ch. 1103, §9724 in 2011.
The amendments respond to certification standards for the Maine Uniform Building and Energy Code as follows:
1) The "2009" has been deleted from the Commercial and Residential Building and Energy Codes. It is the intention that by eliminating the year we will reduce the need for rule changes each time the Technical Building Codes and Standards Board adopts a newer code.
2) Section 5:3.D. "Review of Training Content" in the previous rule has been deleted from the proposed rule. It is a requirement of the Technical Building Codes and Standards Board Training and Certification Committee per Title 10, Part 14, ch. 1103, §9722 (3). It is an oversight task of the committee. The task of DECD's Office of Community Development is to implement training approved by the committee.
3) The "Grandfather Provision" in the previous rule has been deleted from the proposed rule. The Technical Building Codes and Standards Board Training and Certification Committee has deemed it to no longer be necessary.
4) Individuals seeking to become certified as Third Party Inspectors are now subject to the same standards as Code Enforcement Officers in that those individuals who through self-study pass the examination are no longer mandated to also sit through the class in order to receive certification.
PUBLIC HEARING: A Public Hearing will be held in the West Conference Room, third floor, Cross State Office Building, III Sewall Street, Augusta, on Tuesday, May 13, 2014 at 1:00 p.m.. The meeting room is accessible to persons with physical disabilities. Any interested party requiring other special arrangements to attend the hearing must contact Susan Bolduc at (207) 624-7484 or Susan.Bolduc@Maine.gov before Thursday, May 8 at 4:00 p.m., 2014.
COMMENT DEADLINE: Friday, May 23, 2014 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING: Deborah Johnson, Director, Office of Community Development, 59 State House Station, Augusta ME 04333-0059. Telephone: (207) 624-9817. E-mail: Deborah.Johnson@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: As small businesses are not subject to the rule, there is no impact on small businesses.
IMPACT ON MUNICIPALITIES OR COUNTIES: The Office is required to by law to provide training and exams for municipal building officials no cost and ensure training is geographically dispersed. Municipalities may incur the cost of travel for municipal building officials to become trained and certified in the Uniform Building and Energy Code in accordance with 10 MRSA ch. 1103.
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRSA §4451(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/decd/meocd/ .
DECD RULE-MAKING LIAISON: Doug.Ray@Maine.gov .



AGENCY: 01-670 - Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 1, Rules for State Parks and Historic Sites
PROPOSED RULE NUMBER: 2014-P076
BRIEF SUMMARY: Existing rules are being amended to make them consistent with current practices, address issues raised by visitors, including provisions to allow pets on beaches during fall and winter, to allow alcoholic beverages on designated campsites, clarify campsite occupancy limits, adjust times when generators can be used, allow hunting in accordance with IF&W laws and rules, and allow concealed handgun consistent with state law.
DETAILED BASIS STATEMENT / SUMMARY: Certain existing rules are inconsistent with current acceptable practices. In addition, visitors have requested changes to expand public use opportunities and make campsites available on a more equitable basis.
Described below are the proposed amendments to existing state parks and historic site rules to address these matters.
• Intoxicating beverages will continue to be prohibited in historic sites, day use areas, and in common public areas in campgrounds. However, intoxicating beverages will be allowed on individual campsites.
• Pets must be on a leash under the physical control of the pet handler and will be allowed on beaches after September 30th and before April 1st.
• The end date for the time period within which the 14 day cumulative camping limit applies will be reduced from the last Saturday in August to the third Saturday in August.
• Campsites may not be left unattended more than two nights without prior approval and unattended equipment shall be removed from the site.
• Campsite occupancy definitions are being clarified.
• The time period when generators may be used will be expanded by one hour in the morning and evening to 8 a.m. to 8p.m.
• Hunting may occur in previously permitted areas between May 1st and September 30th in accordance with Maine Department of Inland Fisheries and Wildlife laws and rules.
PUBLIC HEARING: None scheduled. E-mail www.maine.gov/dacf/parks to request a public hearing.
COMMENT DEADLINE: May 23, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tom Morrison, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-4717. Fax: (207) 287-6170. E-mail: Tom.Morrison@Maine.gov . Website URL: www.maine.gov/dacf/parks .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 12 MRSA §1803(6)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 01-670 - Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 2, Rules and Regulations for the Allagash Wilderness Waterway
PROPOSED RULE NUMBER: 2014-P077
BRIEF SUMMARY: Existing rules are being amended in accordance with revisions made in 2012 to the Allagash Wilderness Waterway Management Plan and statutory changes, including provisions for off campsite winter camping, modification and substitution of existing snowmobile, aircraft and foot trail access points, and clarification of firearms provisions.
DETAILED BASIS STATEMENT / SUMMARY: In 2012, following Advisory Committee and public meetings, the Allagash Wilderness Waterway Management Plan was revised. In addition, state law was enacted relating to locations where concealed weapons may be carried.
Described below are the proposed amendments to existing Allagash Wilderness Waterway rules necessary to address changes made in the Management Plan and to comply with state law.
• Winter camping will be allowed off authorized campsites.
• Snowmobile access will be allowed at Smith Brook and Nugent's Camps in substitution for currently authorized trails at Indian Stream and Bruntland Brook.
• ATV s will be allowed during winter months on designated snowmobile trails when lack of snow cover limits access.
• The authorized air craft landing on Churchill Lake at the Jaws will be relocated to the dam.
• Aircraft landing, on open water, on the watercourse, may only occur at locations established in rule. Aircraft landing, on open water, at other locations within the One Mile area can occur with prior approval of the Bureau.
• One authorized foot trail to Priestly Mountain will be eliminated while a portage trail between Telos Dam and Webster Lake and a trail at Sandy Point will be added.
• Firearm provision will be amended to allow a concealed handgun to be carried by qualifying individuals consistent with 12 MRSA §1803 (7). Provisions for the transport of firearms across the restricted zone at permanent watercourse crossings will be added.
PUBLIC HEARING: None scheduled. E-mail www.maine.gov/dacf/parks to request a public hearing.
COMMENT DEADLINE: May 23, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tom Morrison, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-4717. Fax: (207) 287-6170. E-mail: Tom.Morrison@Maine.gov . Website URL: www.maine.gov/dacf/parks .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 12 MRSA §1803(6)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 165, Prudential Standards for Domestic Risk Retention Groups
PROPOSED RULE NUMBER: 2014-P078
BRIEF SUMMARY: The proposed rule would establish financial and corporate governance standards for Maine domestic risk retention groups.
PUBLIC HEARING: May 13, 2014, 9:00 a.m., Kennebec Room, Maine Department of Professional and Financial Regulation Building, 76 Northern Avenue, Gardiner, ME 04345
COMMENT DEADLINE: May 26, 2014 at 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Elena Crowley, Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8421. E-mail: Elena.I.Crowley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRSA §§ 212, 417, 6104 and 6718(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: not applicable
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .



AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 710, Standards for Determining Whether an Insurance Company is in Hazardous Financial Condition
PROPOSED RULE NUMBER: 2014-P079
BRIEF SUMMAR Y: The proposal updates a 1993 rule to reflect changes in Maine law and the development of National Association of Insurance Commissioners' accreditation standards.
PUBLIC HEARING: May 13, 2014, 10:00 a.m., Kennebec Room, Maine Department of Professional and Financial Regulation Building, 76 Northern Avenue, Gardiner, ME 04345
COMMENT DEADLINE: May 26, 2014 at 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Elena Crowley, Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8421. E-mail: Elena.I.Crowley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24 M.R.S. §2317; 24-A M.R.S. §§ 212, 231(5), 417, 797, 3423, 3424, 4351-4407, 6604, 6714, 6718 and 7111; 39-A M.R.S. §§ 403(3)(C), 403(3)(E), 403(4-A)(A) and 403(8)(C)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services, Division of Support Enforcement and Recovery
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual: Ch. 23, Employer Reporting
PROPOSED RULE NUMBER: 2014-P080
BRIEF SUMMARY: This rule-making updates the Maine Child Support Enforcement Manual to reflect changes in 19-A M.R.S. §2154. This statute governs employers' reporting of new hires to assist the Division of Support Enforcement and Recovery's location and identification of income sources for parents with a child support obligation.
DETAILED BASIS STATEMENT / SUMMARY: Section IV-D of the Social Security Act mandates that the Department of Health and Human Services, Division of Support Enforcement and Recovery (DSER) operate a State Directory of New Hires to which employers doing business in the State of Maine must report the hiring of a new employee. 19-A M.R.S. §2154 sets out the procedure for the reporting of new hires. In 2013, the Legislature amended §2154 to comply with changes in federal law. This amendment directed employers to report the date that services were first performed by the employee for remuneration along with other identifying information. It also changed the definition of newly hired employee to include the hiring of a person who has not been previously employed by the employer, or who was previously employed by an employer but has been separated from employment for 60 consecutive days.
This rule-making updates the Manual to reflect these changes made by the legislature. It also makes changes in the method of reporting, as technology in DSER's reporting mechanisms has advanced since the last rule-making on this chapter. It clarifies the definition of "employer doing business in the State of Maine." Finally, it adds a paragraph noting that, according to statute, some independent contractors must also be reported to DSER.
PUBLIC HEARING: None
COMMENT DEADLINE: May 23, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tracy Quadro, Staff Counsel, 11 State House Station, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4100. Fax: (207) 287-6883. TTY: 711 Maine Relay. E-mail: Tracy.Quadro@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. §42(1); 19-A M.R.S. §2154
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 26, Sea Urchin Regulations and 2014-2015 Harvesting Season; Ch. 8.20(P), Landings Program Urchin Harvest
PROPOSED RULE NUMBERS: 2014-P081, P082
CONCISE SUMMARY: For purposes of conservation, pursuant to 12 M.R.S. §6171 and §6749 this regulation would establish season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zones 1 and 2 during the 2014-2015 season, and a daily catch limit for Zone 1 harvesters.
For Zone 1, a 15-day season is proposed for divers, trappers, rakers and draggers in 2014-2015, which is the same number of days as in the 2013-2014 season. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers will have a choice of fishing 15 days in September and October (“early season”), or 15 days in December (“late season”); and draggers in December and January (“early season”), or February and March (“late season”). This regulation would change the deadline for Zone 1 harvesters to change their early/late season designation, from September 1 to August 15. This regulation would also establish a daily catch limit of no more than twelve (12) totes (about 1000 lbs.) for Zone 1 harvesters.
For Zone 2, a 38-day season is proposed for divers, trappers, rakers and draggers in 2014-2015, which is the same number of days as in the 2013-2014 season. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers would have a choice of fishing 38 days in late September through December (“early season”), or 38 days in December through March (“late season”); and draggers would have 38 days in October through December plus March (“early season”) or December through March (“late season”).
For the Whiting & Dennys Bays Limited Access Area in Zone 2, a 9-day season is proposed for Zone 2 divers, trappers, rakers and draggers in 2014-2015, which is the same number of days as the season in 2013-2014. Zone 2 divers, rakers and trappers would have a choice of fishing 9 days in November and December (“early season”), or 9 days in December and March (“late season”); both early and late season Zone 2 draggers would have 9 days in December and March. The Sea Urchin Zone Council recommended the selection of these particular days.
In addition, it is proposed that the expiration dates for Harvester Logbooks for Zone 1 and Zone 2 harvesters (currently located in Ch. 8.20(P), Landings Program) and the Pemaquid Point Sea Urchin Research Conservation Area be removed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6749
PUBLIC HEARINGS:
Ellsworth: May 12, 2014, 6:00 p.m., Ellsworth City Hall (Auditorium), One City Hall Plaza
Wiscasset: May 13, 2014, 6:00 p.m., Lincoln County 911 Communications Center, 34 Bath Road
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: May 27, 2014. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Trisha De Graaf (tel: 207-624-6554). Mail Written Comments to: Department of Marine Resources, attn: K. Rousseau, 21 State House Station, Augusta, ME 04333-0021. E-mail: dmr.rulemaking@maine.gov . Fax: (207) 624-6573. TTY: (207) 624-6500 (Deaf/Hard of Hearing). DMR Rule-Making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


ADOPTIONS


AGENCY: 12-597 - Department of Labor, Bureau of Employment Services
CHAPTER NUMBER AND TITLE: Ch. 2, Rules Governing the Competitive Skills Scholarship Program
ADOPTED RULE NUMBER: 2014-066
CONCISE SUMMARY: The Competitive Skills Scholarship Program (CSSP) has been in effect since September, 2007. The adopted rules improve the effectiveness and efficiency of CSSP through changes to the components of the rules that deal with eligibility, transportation, support services and post-education employment. The amended rules will apply to individuals who receive their scholarships after the adoption date of March 21, 2014. The department decided that the newly adopted rules are not retroactive to current participants who received their scholarships prior to the March 21, 2014 adoption date.
The adopted rules reflect minor changes to the originally proposed rules, based on testimony provided at the Public Hearing on December 4, 2013, and comments received prior to the December 16, 2013 comment deadline. In reviewing the adopted rules, the Assistant Attorney General determined that these changes are minor, not substantive, and do not require that the rules be re-posted.
DETAILED BASIS STATEMENT / SUMMARY: Proposed Rule changes were made to provide clarity, efficiency of process and cost savings to the program fund, with the larger purpose of providing the CSSP employment training program opportunity to a greater number of eligible Mainers.
• Page 2, Section 1: Definitions. Marketable post-secondary degree is further clarified to include industry recognized credentials. Added definitions to clarify appropriate terms applicable to the status of the individual during inquiry, application and participation in CSSP. Added definitions for dependent child (#4), marketable postsecondary degree (#9), applicant (#11), enrolled as a participant (#12), participant (#13) and labor market area (# 14). Included Labor market area to clarify employment opportunity relative to the individual service strategy employment outcomes.
• Page 3, Section 2: Eligibility, 1. Criteria. 1.A. Adds the requirement of being a resident of Maine; 1.D Adds the requirement of being marketable in Maine.
• Page 5, 3. Period of Eligibility. Removes subsequent income eligibility test, completion of education and training program, and employment as conditions of termination from CSSP. To improve Program outcomes this change expands opportunity for participants to work and earn subsistence wages while in training without jeopardizing eligibility, participate in work-based learning programs or continue to receive assistance in funding employment after completion of training and prevents separation from the program due to changes in income after investment in CSSP funds.
• Page 5, 4.Termination from CSSP. Clarifies termination conditions from CSSP.
• Page 5, 5. Emergency Leave or Gap in Program Services. Adds a provision for an emergency gap in program services for up to 52 weeks in rule. Allowing participants to take a leave of absence from the program will prevent the unnecessary separation of participants from the program due to circumstances beyond their control
• Page 6, Section 3. Application and Decision: 1. Application. Clarifies how to access CSSP applications, the requirement to submit a signed application and retains applications are valid for six months prior to the start of an education and training program. Eliminates the reference to CSSP and WIA applications, mandatory meetings and appointment/meeting schedule mandates while preserving the requirement that an ISS is developed within 45 days of eligibility determination. This change is intended to improve the efficiency of processing applications and determining eligibility.
• Page 6, Section 3: 2 Eligibility Determination. Clarifies Stage One and Stage Two eligibility criteria. Moves marketable degree, ability to succeed and requirements of Section 4 to Stage Two eligibility process. Clarifies eligibility versus enrollment as part of the eligibility determination process.
• Page 6, Section 4. A. Review of Statewide recommendations. Specifies that the approved list of occupations will be posted on the Maine CareerCenter website and on the Competitive Skills Scholarship Page
• Page 7, B. Regional and industry specific recommendations. Adds the ability for industry or business to add recommendations of occupations to be included on the CSSP occupation training list and clarifies how to petition the Commissioner of Labor for inclusion.
• Page 8 Section 5. No Supplantation: Maximizing Use of Other Resources. Section 1. No Supplantation. B. WIA. Removes the line referencing "CareerCenter customers seeking education and training assistance should be treated as applying for both CSSP and WIA" as it is not applicable to supplantation section. Adding "enrolled in" and deleting "eligible for" clarifies when WIA funding must be applied in support of the 1SS relative to supplantation. Clarifies that eligibility for WIA does not mandate services. This change is consistent with WIA eligibility and enrollment standards. Requiring case managers to obtain additional documentation of WIA resource availability adds assurances that WIA funds are not being supplanted with CSSP resources.
• Page 9. Section 6: Individual Service Strategy. Section 1 Informed Career Planning; Individual Service strategy. Renames Section 6 to "Individual Service Strategy Development". Clarifies requirement that the individual plan must include all funding sources contributing to the plan. Removes line "so that they may check those services they are requesting". Section 6.3 Assessment clarifies education and support services are based on assessed need and identify those that are necessary to support the participant during their employment and training program. Preserves the requirement that the written list of CSSP services must be provided to applicants and others.
• Page 9. Section 6: Individual Service Strategy. Section 2: Timing. Clarifies that the ISS must be completed within 45 days of the date of Stage Two eligibility determination and not the date of application. Removes "first created" and retains "signed by the participant". Clarifies that applicant becomes a participant and services commence when the 1SS is signed by the applicant. This change includes first and all revised 1SS's developed with the participant. Includes reference to Section 3.2.
• Page 9. Section 6: Individual Service Strategy. Section 3: Comprehensive Assessment. Clarifies that assessment begins at the completion of Stage One eligibility. Assessment must determine marketable post-secondary degree, ability to succeed and the occupational goal is in a high-wage high-demand field. Purpose of change is to identify the critical decision-making elements necessary to promote and predict success in the individual employment and training program. Adds clarification in determining applicant's ability to meet developmental and refresher prerequisites required of the training institution/entity. Includes required assessment of the applicant's capability to participate successfully in required on-line courses. Adds clarification to minimal requirements in determining the applicant's ability to succeed.
• Page 10. Section 4: Selecting an Occupational and Education or Training Goal. Clarifies that CSSP will no longer support high-wage, high-growth occupations that are known to require a graduate-level degree via support of the four-year degree for participants who overtly plan to pursue a graduate-level degree. Adds high school equivalency diploma, formerly known as the GED, to the high school diploma option required to enter a post-secondary program. Allows participants to use CSSP training funds to gain access to career pathways that lead to the increased capacity to earn wages and benefits. Includes requirement that potential employers within the planned labor market are identified and comprehensive assessment supports the employment and training program goal.
• Page 11. Selection of Education or Training Program. Adds options of training program recognized by trade and industry associations or endorsed by a consortium of employers or recognized and accepted by a professional licensing board. Changes minimum number of hours in developmental, prerequisite, English Language Learner or refresher courses from 9 to 12. Restores the 52 week time period to complete English language learner or refresher courses and a high school diploma, equivalency or general equivalency diploma; Clarifies on-line courses or programs are considered within the participants' commuting distance/area. Clarifies the process for determining the least expensive training option.
• Page 12. Section 6. Duration of Education or Training. Requires participants to attend training year round. Adjusts the amount of time available to complete the education and training program and establishes specific time frames for post-secondary education programs -- 6 years for four-year degree students, 3 years for 2-year degree students and 18 months for I-year certificate or diploma students. Restores the time allowed for prerequisite and developmental courses to 52 weeks. Preserves the option to waive or extend the duration provision. Clarifies that CSSP funds may not be used to assist participants in obtaining their master's or doctorate degrees.
• Page 12. Section 7. Document in ISS. Incorporates Section 6. Part 9 "Other Documentation in 1SS" into this Section. Adds the following: estimated costs of training, support services, other financial resources and a financial subsistence plan pursuant to Section 6.
• Pages 12-13 Section 8. CSSP Education. Training and Support Services. Part A. Provisions applicable to all CSSP services. Part 2. Reduces total fiscal year costs to $6,000 for full time and $3,000 for less than full time participation in education and training. Specifies that expenses must be pre-approved. Removes "part time" and replaces it with "less than full time." Expands what was otherwise referred to as part time student status. Part 3 clarifies how the least expensive training option is determined. Part 4 expands and clarifies grounds for termination from the program that is consistent with Section 2. Eligibility Part 4. Termination from CSSP.
Part B. Student Aid. Clarifies the decision to include student loans to cover unmet need is within the participant's discretion and that reasonable costs associated with credential evaluation may be covered.
• Page 14 Section 8. CSSP Education. Training and Support Service. Section D. Support Services. Clarifies CSSP support services are available to eligible participants with unmet need pursuant to Section 6.
• Page 14. Section 8. CSSP Education. Training and Support Service. Section D. Support Services, Part 1. Childcare. Clarifies that CSSP will pay up to 100% of the costs of child care expenses for children in the participant's household who are under the age of thirteen (13) or physically or mentally incapable of caring for themselves. Adds reference to Child Care Market Rates as determined by Office of Child and Family Services Early Childhood Division. Clarifies that child care must be provided by a licensed or registered provider in order to be reimbursed. Restores reimbursement from 80% to 100% of the costs of childcare.
• Page 14. Section 8. CSSP Education. Training and Support Service. Section D. Support Services, Part 2, Transportation. Mileage. Clarifies CSSP will pay for mileage reimbursement up to a maximum of 250 miles per week. Rescinds the requirement that to receive mileage reimbursement the vehicle must be registered to and primarily operated by the participant..
• Page 14-15. Section 8. CSSP Education. Training and Support Services. Section D. Support Services, Part 2, Transportation.
a. Auto Repairs. Reduces the allowance for automobile repairs and limits repairs to unanticipated repairs. Removes reference to emergency requests and repairs.
b. Auto Liability Insurance. Eliminates auto liability insurance as a support service.
c. Advance payments. Eliminates advance payments for transportation related costs.
• Page 15. Section 8. CSSP Education. Training and Support Services. Section D. Support Services, Part 3 Eye Care. Eliminates eye care benefits (see unanticipated needs.)
• Page 15. Section 8. CSSP Education. Training and Support Services. Section D. Support Services, Part 4. Dental Care. Eliminates dental care as a CSSP support service (see unanticipated needs.).
• Page 15, Section D. Support Services, Part 9 Books, supplies, tools, equipment, services and uniforms. Stipulates that CSSP may contribute one time for the purchase or upgrade of a computer for participants enrolled in a college degree program that do not have reasonable access to a computer of sufficient capacity to successfully participate in their program. Stipulates that CSSP will only purchase required items once and that replacing or repairing the items is the responsibility of the participant
• Page 15 Section D Support Services Part 6. Eliminates internet service as a stand-alone service.
• Page 15 Section D Support Services Part 7. Unanticipated Needs. Increases the unanticipated need cap to "up to $1000 per year per participant up to a maximum of $2000 per participant" for the period of CSSP enrollment. Removes per fiscal year and adds "for the period of enrollment". Defines unanticipated needs, clarifies authorization must be approved by the program manager and adds "payment must prevent re-occurrence of the need." Defines unanticipated needs to include eye care or dental care that is not covered by other sources - this was the original intent, but it had not been clarified in the proposed rules.
• Page 15-16 Training Stipend. Adds post-secondary or industry recognized to education and training program. Clarifies subsequent eligibility for the stipend must be conducted every six months or any time household income increases above the 125% federal poverty level. Clarifies the stipend is available to participants in a minimum of 12 credit hours or in full time status as determined by the education and training institution and requires the participant to attend at least two weeks of scheduled classes before eligible to receive the stipend for that month. Reduces
?stipend to amount from 1/3 to 1/5 the maximum weekly unemployment benefit in Maine. Defines full time student status to exclude courses that must be repeated due to failure to pass the course or unauthorized withdrawal from course(s). Adds additional sources of countable income in calculating eligibility for the stipend. Requires the participant to disclose receipt of DWB, VI or TRA benefits and referral for such benefits before receipt of the stipend .
• Page 16 Section 12. Other Documentation in ISS. Incorporates this section under Section 6 Part 7 Document in ISS. Maintains Part A. Amendments and B. Right to appeal.
• Page 16 Section 13A, ISS Review. Satisfactory Progress. Clarifies participant education and training performance requirements that represent satisfactory progress.
• Page 17. Section 7. Appeals. Clarifies when no appeal is filed within the 30 day period, the CareerCenter decision becomes final.
EFFECTIVE DATE: April 15, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Susan Wasserott, Director of Legislative Affairs, Department of Labor, Bureau of Employment Services, 54 State House Station, Augusta, ME 04333-0055. Telephone: (207) 621-5096. E-mail: Susan.Wasserott@Maine.gov .
WEBSITE: http://www.maine.gov/labor/bes/index.shtml .



AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 115, Certification. Authorization and Approval of Education Personnel: Part I, Standards and Procedures for Certification, Authorization, and Approval; Part II, Requirements for Specific Certificates and Endorsements
ADOPTED RULE NUMBER: 2014-067
CONCISE SUMMARY:
1. On September 15, 2012, Ch. 114 ("Purpose, Standards and Procedures for the Review and Approval of Educational Personnel Preparation Programs") underwent changes. Among the approved amendments included the addition of a course in special education law to administrative certificates already requiring federal and Maine civil rights and education law. Accordingly, Ch. 115, Part II, must now be opened to revise the corresponding certification rules.
2. The summer and early fall of2012 saw the State Board of Education react to a directive from Public Law 635: LD 1858 "An Act to Ensure Effective Teaching and School Leadership" and established an alternative pathways stakeholders group to review possible changes to Maine's certification regulations. The group made recommendations to the certification examination process for Career and Technical Education (CTE) teachers. The content knowledge exam would be replaced by industry credentials or industry-related exams. The pedagogical skills and knowledge assessment would be replaced by a series of four pedagogical courses. Also recommended is the requirement of a CTE orientation program for new teachers within the first year of employment. Transition language is included to allow those continuously certified under conditional certificates to continue under current rules, but all new CTE teachers would fall under the new rules from September 1, 2015, forward.
EFFECTIVE DATE: May 14, 2014
AGENCY CONTACT PERSON: Mark A. Cyr, Department of Education Certification Office, 23 State House Station Augusta, ME 04333-0023. Telephone: (207) 624-6603. Fax: (207) 624-6604. TTY 1 (888) 577-6690. E-mail: Mark.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/doe .
DOE RULE-MAKING LIAISON: Deborah.Friedman@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 607, ASPIRE-TANF Program Rules, Rule #20A: Section 17, TANF Time Limit Extensions - Pre-Termination Notice and Conference and Temporary Hardship Extensions
ADOPTED RULE NUMBER: 2014-068
CONCISE SUMMARY: This rule revises the extension and exemption provisions to clarify intent, and creates a pretermination conference for recipients to present evidence before their T ANF benefits are terminated either after their 60-month period of eligibility has ended or their extension is withdrawn or ended. This rule change is not anticipated to have any adverse economic impact on small businesses or impose any additional costs on municipalities or counties.
EFFECTIVE DATE: April 20, 2014
AGENCY CONTACT PERSON: Liz Ray, ASPIRE Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4107. TTY: Maine Relay 711. E-mail: Liz.Ray@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 01-669 - Department of Agriculture, Conservation & Forestry, Bureau of Forestry (Maine Forest Service)
CHAPTER NUMBER AND TITLE: Ch. 3, Incinerators (Repeal)
ADOPTED RULE NUMBER: 2014-069
CONCISE SUMMARY: This rule has been repealed because it has been superseded by Department of Environmental Protection rule, Ch. 102, Open Burning.
EFFECTIVE DATE: April 21, 2014
AGENCY CONTACT PERSON / DEPARTMENT RULE-MAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation & Forestry, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
MAINE FOREST SERVICE WEBSITE: http://www.maine.gov/dacf/mfs/index.shtml .



AGENCY: 01-669 - Department of Agriculture, Conservation & Forestry, Bureau of Forestry (Maine Forest Service)
CHAPTER NUMBER AND TITLE: Ch. 22, Certified Resource Manager Grant Program (Repeal)
ADOPTED RULE NUMBER: 2014-070
CONCISE SUMMARY: The Maine Forest Service has permanently repealed its Ch. 22 rule, Certified Resource Manager Grant Program, as directed by Public Law 2013, Ch. 11. The law and rule were identified as obsolete. This rule-making will not create new administrative burdens or compliance-related costs for any party, including but not limited to municipal and county governments.
EFFECTIVE DATE: April 21, 2014
AGENCY CONTACT PERSON / DEPARTMENT RULE-MAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation & Forestry, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
MAINE FOREST SERVICE WEBSITE: http://www.maine.gov/dacf/mfs/index.shtml .



AGENCY: 94-089 - Maine Historic Preservation Commission
CHAPTER NUMBER AND TITLE: Ch. 815, Historic Preservation Revolving Loan Fund (New)
ADOPTED RULE NUMBER: 2014-071
CONCISE SUMMARY: The Historic Preservation Revolving Loan Fund has been established to provide funds to qualified nonprofit historic preservation organizations in the state of Maine for the purpose of acquiring endangered historic properties of local, state or national significance, as determined by the Commission. The properties are to be resold to new owners who agree to preserve, rehabilitate or restore the properties as necessary, subject to preservation easements or covenants held by the qualified organization. Proceeds from the sale, minus allowable costs, are returned to the Revolving Loan Fund.
EFFECTIVE DATE: April 22, 2014
AGENCY CONTACT PERSON / AGENCY RULE-MAKING LIAISON: Kirk F. Mohney, Maine Historic Preservation Commission, 65 State House Station, Augusta, ME 04333-0065. Telephone: (207) 287-2132. E-mail: Kirk.Mohney@Maine.gov .
WEBSITE: http://www.maine.gov/mhpc/about_us/index.html .