May 23, 2018

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: 12-172 - Department of Labor (DOL), Maine Unemployment Insurance Commission
CHAPTER NUMBER AND TITLE: Ch. 2, Employer Notices, Records, Contribution and Reimbursement Payments and Reports
PROPOSED RULE NUMBER: 2018-P107
BRIEF SUMMARY: Modification of Ch. 2 is sought to clarify procedures for employers in filing notices, records, contributions, payment in lieu of contributions, and maintenance of reports with the Bureau; to bring the rule into compliance with the statutes, clarifying successorship and proprietorship/partnership income, assessment of responsible individual and make explicit the necessity of the employer maintaining their contact information current with the Bureau. Most of the updates were made to bring the rule in compliance with the statutes or to bring the rule up to date with current practice.
PUBLIC HEARING: none
COMMENT DEADLINE: June 22, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOL RULEMAKING LIAISON: Nina McLaughlin, Department of Labor, 54 State House Station, Augusta, ME 0433-0054. Telephone: (207) 621-5096. Email: Nina.McLaughlin@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS §§ 1043(19), 1082, 1221
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOL WEBSITE: www.maine.gov/labor .


ADOPTIONS


AGENCY: 90-429 - Board of Licensure of Water System Operators
CHAPTER NUMBER AND TITLE: Ch. 1, Water System Operators Licensing Rule
ADOPTED RULE NUMBER: 2018-080
CONCISE SUMMARY: This amendment eliminates the requirement for applications to be notarized before submission, establishes a mechanism for the Board to address rule violations that do not rise to the level of revocation or suspension, and eliminates the "grace period" for license renewal.
EFFECTIVE DATE: July 1, 2018
CONTACT PERSON: Tera Pare, Maine Center for Disease Control and Prevention, 286 Water Street, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5680. Email: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/dwp/professionals/woBoard.shtml .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 02-392 – Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Pharmacy
CHAPTER NUMBER AND TITLE: Ch. 40 (New), Authorization, Training and Procedures for Prescribing and Dispensing Naloxone Hydrochloride
ADOPTED RULE NUMBER: 2018-081
CONCISE SUMMARY: Emergency Public Law 2017 Chapter 249, An Act Regarding the Dispensing of Naloxone Hydrochloride by Pharmacists, directs the Maine Board of Pharmacy to establish procedures and standards by which a pharmacist may prescribe and dispense naloxone hydrochloride upon a prescription drug order, standing order, or collaborative drug therapy management agreement.
EFFECTIVE DATE: May 23, 2018
AGENCY CONTACT PERSON / OPOR RULEMAKING LIAISON: Karissa J. Davan, Office of Professional and Occupational Regulation, 35 Station House Station, Augusta, Maine 04333. Telephone: (207) 624- 8515. Email: Karissa.Davan@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/pharmacy/index.html .
OPOR WEBSITE: http://www.maine.gov/pfr//professionallicensing/index.shtml .


AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Retirement Plan
ADOPTED RULE NUMBER: 2018-082
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The amendments to the rule are the recommendations of the Participating Local District Advisory Committee to further modernize the plan and improve future funding levels of the Plan by amending the provisions relating to earnable compensation, service credit, early retirement reduction, employer and member contributions, cost-of-living adjustments and employer withdrawal liabilities. The rule also includes non-substantive changes to the former rule to correct language format, eliminate obsolete language, and provide clarification.
EFFECTIVE DATE: May 26, 2018
AGENCY CONTACT PERSON / MAINEPERS RULEMAKING LIAISON: Kathy J. Morin, Maine Public Employees Retirement System, P.O. Box 349, Augusta, ME 04332. Telephone: (207) 512-3108. Email: Kathy.Morin@MainePERS.org .
MainePERS WEBSITE: http://www.mainepers.org/ .