November 13, 2013

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: There is also a list of rule-making liaisons, who are single points of contact for each agency.


AGENCY: 95-335 - Wells National Estuarine Research Reserve Management Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Rules for Public Use of the Wells Reserve
BRIEF SUMMARY: The Wells National Estuarine Research Reserve was established under 15 Code of Federal Regulations, Part 921. It is maintained to provide undisturbed areas as a natural field laboratory and educational site. This includes the protection of the area for short and long-term research, education, and interpretation. The Wells National Estuarine Research Reserve is also maintained to protect fish, wildlife, and plant communities. Multiple uses including low intensity recreational uses are allowed to the extent that they do not conflict with the operation of the Reserve for research and education.
The Wells National Estuarine Research Reserve Management Authority (the Authority) was established by the State legislature through passage of Private and Special Law #108 in 1990. The legislation was amended in 2003 by LD #777 and in 2013 by LD #987. The purpose of the Authority is to manage and sustain the coastal lands and other resources within the reserve, further coordination and cooperation among state agencies, the Town of Wells and the United States Fish and Wildlife Service, and the Laudholm Trust, develop and implement programs for estuarine research and education and provide public access and opportunities for public enjoyment compatible with the protection of the reserve's natural resources. The Authority, in compliance with the Reserve Management Plan, is responsible for management of the Reserve lands for which the Authority holds a license, lease or other interest or lands that are under agreement with a cooperating agency. The Authority has overall jurisdiction over the establishment and coordination of research, education, and resource management policies for the Reserve. A violation of the rules of the Reserve is a Class E crime.
This chapter outlines the regulations governing the administration and public use of the Wells National Estuarine Research Reserve.
COMMENT DEADLINE: December 17, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Paul Dest, Director of the Wells Reserve, 342 Laudholm Farm Road, Wells, ME 04090; (207) 646-1555, ext. 124. E-mail: .
STATUTORY AUTHORITY FOR THIS RULE: H.P. 1457 - L.D. 2031: An Act to Establish the Wells National Estuarine Research Reserve Management Authority

AGENCY: 12-597 - Department of Labor (DOL), Bureau of Employment Services
CHAPTER NUMBER AND TITLE: Ch. 2, Rules Governing the Competitive Skills Scholarship Program
BRIEF SUMMARY: The Competitive Skills Scholarship Program (CSSP) has been in effect since September, 2007. The proposed rule amendment improves the effectiveness and efficiency of CSSP through changes to the components of the rule that deal with eligibility, transportation, eye care services and post-education employment. The rule amendment will apply to all scholarship recipients, including recipients who were granted scholarships prior to the enactment of the rule amendment.
DETAILED BASIS STATEMENT / SUMMARY: Proposed Rule changes are 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 1, 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), 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 2, Section 2: Eligibility, 1. Criteria. 1.A. Adds the requirement of being a resident of Maine
* Page 4, 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 finding employment after completion of training and prevents separation from the program due to changes in income after investment in CSSP funds.
* Page 4, Termination from CSSP. Clarifies termination conditions from CSSP.
* Page 4 Section 3. Application and Decisions: 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 5, 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 verses enrollment as part of the eligibility determination process.
* Page 6 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 ISS relative to supplantation. To be eligible for WIA does not mandate services. This change is consistent with WIA eligibility and enrollment standards. Requiring additional documentation of WIA resource availability adds assurances that WIA funds are not being supplanted with CSSP resources.
* Page 7. E. Financial Aid. Clarifies CSSP applicants must apply for federal aid, those in default of federal and/or state student aid are not eligible for CSSP and student loans are not required to participate in CSSP.
* Page 8. 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 8. 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” retains “signed by the participant”. Clarifies that applicant becomes a participant and services commence when the ISS is signed by the applicant. This change includes first and all revised ISS’s developed with the participant. Includes reference to Section 3.2.
* Page 8. 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 9. 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, which incorporates GED to the high school diploma option required to enter a post-secondary program. Includes requirement that potential employers within the planned labor market are identified and comprehensive assessment supports the employment and training program goal.
* Page 10. Selection of Education and Training Program. Adds options of training program recognized by trade and industry associations or endorsed by a consortium of employers. Changes minimum number of hours in developmental, prerequisite, English Language Learner or refresher courses from 9 to 12. Reduces duration of developmental prerequisite time to encourage higher level participation in pre-requisite activity. Clarifies on-line courses or programs are considered within the participants’ commuting distance/area.
* Page 11. Section 6. Duration of Education or Training. Requires participants to attend training year round. Reduces the amount of time available to complete the education and training program and establishes specific time frames for post-secondary education programs-150 weeks for four year degree students, 75 weeks for 2 year degree students and 45 weeks for 1 year certificate or diploma students. Clarifies an additional 26 weeks for prerequisite and developmental courses. Preserves the option to waive or extend the duration provision.
* Page 11. Section 7. Document in ISS. Incorporates Section 6. Part 9 “Other Documentation in ISS” into this Section. Added the following: estimated costs of training, support services, other financial resources and a financial subsistence plan pursuant to Section 6.
* Page 12 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. Removes “part time” and replaces with less than full time. Expands what was otherwise referred to as part time student status. Part 4 expands and clarifies grounds for termination from the program that is consistent with Section 2. Eligibility Part 4 Termination from CSSP. Clarifies the decision to include student loans to cover unmet need is within the discretion of the participant.
* Page 13 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 13. Section 8. CSSP Education. Training and Support Service. Section D. Support Services, Part 1. Child Care. Clarifies that CSSP will pay up to 80% of the costs of unmet child care expenses. 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.
* 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. Clarifies to receive mileage reimbursement the vehicle must be registered to and primarily operated by the participant to participate in training.
* 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.
* 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.
* Page 15, Section D. Support Services, Part 5 Books, supplies, tools, equipment, services and uniforms. Adds “services” to include such required items as computers and home based Internet connection as a covered service. Deletes reference to “unusual circumstances that require items that are not mandatory”. This change clarifies that CSSP support is only for requirements of and documented by the education and training program. Removes computers, internet service and related technology as a stand-alone support service. If a computer or internet service is mandated by the education and training program, it would be covered under this section.
* Page 16 Section D Support Services Part 6. Eliminates internet service as a stand-alone service.
* Page 16 Section D Support Services Part 7. Unanticipated Needs. 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.
* Page 16, E. 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, UI or TRA benefits and referral for such benefits before receipt of the stipend.
* Page 17. 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 18. Satisfactory Progress. Clarifies participant education and training performance requirements that represent satisfactory progress.
* Page 18. Section 7. Appeals. Clarifies when no appeal is filed within the 30 day period, the CareerCenter decision becomes final.
PUBLIC HEARING: Wednesday, December 4, 2013 - 1:00-3:00 p.m. - Francis Perkins Conference Room, Maine Department of Labor, 45 Commerce Drive, Augusta, ME 04333
COMMENT DEADLINE: Monday, December 16, 2013 - 4:30 p.m.
CONTACT PERSONS FOR THIS FILING / SMALL BUSINESS INFORMATION: Susan Wasserott/David Klein, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephones: (207) 621-5096 (Wasserott); (207) 623-7987 (Klein). E-mails: ; .

AGENCY: 01-001 - Maine Department of Agriculture, Conservation and Forestry
CHAPTER NUMBER AND TITLE: Ch. 33, Agricultural Development Grant Program
BRIEF SUMMARY: This rule-making will make a change in administration of the grant fund. This rule change provides more flexibility with respect to grants and contracts and allow the department to directly fund agricultural development projects.
DETAILED BASIS STATEMENT / SUMMARY: The rule changes include the following:
* Updating/Changing the name of the Department to Department of Agriculture, Conservation and Forestry.
* Updating/Changing the name of the Division to the Bureau of Agriculture and Rural Resources
* Eliminating the maximum grant amount allowed under the program from $30,000 to no more than 50% of the amount of funds available.
* Allows for the Commissioner to set a priority area(s) if he deems it necessary, rather than making it mandatory that he do so.
* Allows for the Commissioner or Bureau Director to establish a lower match requirement for special or emergency projects under the Competitive Grants Program.
* Clarifies which part of the rules apply only to the Competitive Grants Program.
* Changes the way requests for proposals are handled. In the past the applicant was required to send proposals to the Department. Now they will follow standardized procedures established by the Division of Purchases.
* Change to allow the Commissioner to contract with others besides the University of Maine for special projects. Others include qualified individuals, firms or organizations.
* The final change limits what the University or other institutions of learning can charge for overhead expenditures.
PUBLIC HEARING: December 4, 2013
COMMENT DEADLINE: December 14, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: John Harker, Department of Agriculture, Conservation and Forestry, 28 State House Station (AMHI Annex), Augusta, ME 04333-0028. Telephone: (207) 287-7620. Fax: (207) 287-5576. E-mail: .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 106, Low Sulfur Fuel
BRIEF SUMMARY: The Department is proposing to amend its Ch. 106, Low Sulfur Fuel rule, to incorporate statutory requirements for the use of low-sulfur distillate and residual fuels which were enacted as part of Maine’s effort to address federal visibility planning requirements at federal Class I areas such as Acadia National Park, and to provide a process whereby an affected source can apply for an “equivalent alternative sulfur reduction” on a case-by-case basis with Department and U.S. EPA approval.
These amendments will be submitted to EPA for approval in Maine's State Implementation Plan.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at .
Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: December 5, 2013 at 9:00 a.m., Department of Public Safety - Florian Hall, 45 Commerce Drive, Augusta
COMMENT DEADLINE: December 18, 2013 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeffrey Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE-TANF Program Rules, Rule #20P: Section 17 - TANF Time Limit Extensions - Pre-Termination Notice and Conference and Temporary Hardship Extensions
CONCISE SUMMARY: This rule permanently adopts changes previously made to implement biennial budget provisions concerning a 60-month lifetime on limit on TANF eligibility absent qualification for an extension or exemption. This rule revises the extension and exemption provisions to clarify intent, and creates a pre-termination conference for recipients to present evidence before their TANF benefits are terminated either after their 60-month period of eligibility has ended or their extension is withdrawn or ended.
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: Midnight, December 13, 2013
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: 711 (Maine Relay). E-mail: .
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3762(3)(A), 3769-A


AGENCY: 02-502 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Complementary Health Care Providers
CHAPTER NUMBER AND TITLE: Ch. 1, Definitions; Ch. 2, Advisory Rulings; Ch. 3, License Requirements for Acupuncturists; Ch. 4, License Requirement for Naturopathic Doctors; Ch. 5, Standards for Continuing Professional Education for Acupuncturists and Naturopathic Doctors; Ch. 7, Grounds for Discipline; Ch. 8, Code of Ethics; Ch. 9, Fees (repeal)
ADOPTED RULE NUMBER: 2013-260 thru 267
CONCISE SUMMARY: In this rule-making proceeding the board:
(1) better describes the documentation required to establish eligibility for licensure;
(2) standardizes the format of the licensing chapters for acupuncturists and naturopathic doctors;
(3) eliminates a letter from a master or licensed acupuncturist as a means of satisfying the 300 hour clinical experience requirement for licensure as an acupuncturist or specialty certification of a naturopathic doctor;
(4) sets forth requirements and responsibilities for supervisors of acupuncture student interns;
(5) changes certain aspects of the continuing education requirements;
(6) revises the grounds for discipline;
(7) amends the code of ethics;
(8) repeals the fee chapter; and
(9) repeals obsolete and unnecessary provisions.
EFFECTIVE DATE: November 4, 2013
AGENCY CONTACT PERSON: Geraldine L. Betts, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8625. E-mail: .

AGENCY: 19-498 � Department of Economic and Community Development (DECD), Office of Community Development (OCD)
CHAPTER NUMBER AND TITLE: Ch. 42, Program Statement for Administering the 2014 Maine Community Development Block Grant Program
CONCISE SUMMARY: This rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
EFFECTIVE DATE: November 4, 2013
AGENCY CONTACT PERSON: Deborah Johnson, Director OCD, Department of Economic & Community Development, Office of Community Development, DECD/OCD, State House Station 59, 111 Sewall Street, Augusta, Maine 04333-0059. Telephone: (207) 624-9817. E-mail: .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS), Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 104, Maine State Services Manual: Section 4, Maine Part D Wrap Benefits
CONCISE SUMMARY: This rule will permanently adopt the provisions now in place by the emergency rule that eliminated coverage of Medicare Part D copayments for members of the Medicare Savings Program who are not eligible for, or receiving the full MaineCare benefit. This change is being made pursuant to PL 2013 ch. 368 Part A, Section A-34, the Maine Biennial Budget.
See for rules and related rule-making documents.
EFFECTIVE DATE: November 6, 2013
AGENCY CONTACT PERSON: Ann O'Brien, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: .

AGENCY: 99-650 - Combat Sports Authority of Maine
CHAPTER NUMBER AND TITLE: Part 2, Rules for Boxing, Ch. 1 thru 12
ADOPTED RULE NUMBER: 2013-270 thru 281
CONCISE SUMMARY: These routine technical rules elaborate the Authority's ability, established by 8 M.R.S. ch. 20, to supervise boxing events and satisfy the Authority's obligation to adopt rules pursuant to 8 M.R.S. §523. They provide authorized participants greater guidance as to permissible activities and institute requirements designed to protect the health and safety of participants and the public. Topics they cover include: judging; refereeing; promotion; qualifications for and duties of competitors, promoters, managers, seconds, ringside physicians, inspectors, timekeepers, and other participants for whom the Authority may require certification; qualification and mandatory procedures for holding an event; rules of competition; requirements for event liability and workers compensation insurance; measures applicable exclusively to women boxers; fees for certification of events and participants; procedures for promoters' collection and remittance of gate revenues; and promoters' obligations for financial disclosure. Among the ways the Combat Sports Authority will enforce the rules are by oversight of certification and by maintaining a presence at boxing events.
EFFECTIVE DATE: November 11, 2013
AGENCY CONTACT PERSON: Peter Bouchard, Chairperson, Combat Sports Authority of Maine, P.O. Box 10525, Portland, ME 04104. Telephone: (207) 956-0404. E-mail: .