December 19, 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: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10,Land Use Subdistricts and Standards
PROPOSED RULE NUMBER: 2018-P277
BRIEF SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Ch. 10, Land Use Districts and Standards, related to the Commission’s policy for locating new development – called the adjacency principle. Today, single family homes can locate in most places in the Commission’s service area, but most subdivisions and commercial development need a rezoning. To get a rezoning, these subdivisions and commercial developments generally must be located within one mile by road of existing compatible development. The proposed changes would replace the one mile rule-of-thumb with a new system for locating most new development near existing communities and public roads to make the delivery of public services more cost-effective and reduce fragmentation of undeveloped areas. In addition, the proposal would allow commercial and residential development that is dependent on, or centered around, natural or recreational resources to locate near these resources in certain circumstances. Also included in the proposed amendment are revisions to the Commission’s subdivision layout and design standards. The proposed changes are intended to improve the subdivision layout and design standards for the area served by the Commission, incorporating more flexibility and allowing more design options, while improving protections for important natural and cultural resources.
PUBLIC HEARING: January 8, 2019 at 12 p.m., Jeff’s Catering, 15 Littlefield Way, Brewer, Maine. Snow cancellation date: January 10, 2019, 12 p.m. at Jeff’s Catering
COMMENT DEADLINE: Written comments must be submitted on or prior to January 22, 2019;.Written rebuttal comments must be submitted on or prior to January 29, 2019.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Ben Godsoe; 22 State House Station, Augusta, Maine, 04333. Telephone: (207) 287-2619. Email: Benjamin.Godsoe@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES:
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §685-A(1), (3) and (7-A)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
LUPC RULEMAKING WEBSITE: http://www.maine.gov/dacf/lupc/laws_rules/proposed_rules/rules.shtml .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/ .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 8 (New), Rules Relating to the Use of Essential Programs and Services Funds for Extended Learning Programs for Economically Disadvantaged Students
PROPOSED RULE NUMBER: 2018-P278
BRIEF SUMMARY: This rule outlines the ways in which the targeted economically disadvantaged student allocations can be utilized. The purpose of the funding is to increase achievement among economically disadvantaged students through targeted funding. The rule provides possible uses to utilize the allocation and a process to add additional uses of the targeted allocations.
PUBLIC HEARING: none
COMMENT DEADLINE: January 18, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tyler Backus, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6635. Email: Tyler.Backus@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES:
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS §15675(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULEMAKING LIAISON: Jaci.Holmes@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Licensing and Certification (DLC)
CHAPTER NUMBER AND TITLE: Ch. 128, Certified Nursing Assistant and Direct Care Worker Registry Rule
PROPOSED RULE NUMBER: 2018-P279
BRIEF SUMMARY: This rule governs the use and operation of the Certified Nursing Assistant and Direct Care Worker Registry. The Registry provides a resource for employers to verify that an individual is eligible for employment as a Certified Nursing Assistant, and also identifies individuals who are ineligible for employment as a Direct Care Worker due to criminal convictions or substantiated complaints of abuse, neglect or misappropriation of property.
This rulemaking repeals and replaces the current rule, Rules Governing the Maine Registry of Certified Nursing Assistants, due to the statutory requirements of 22 MRS §1812-G.
PUBLIC HEARING: January 9, 2019, 10 a.m. -12 p.m., Main Conference Room, 41 Anthony Avenue, Augusta, ME.
COMMENT DEADLINE: January 19, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jonathan Leach, 41 Anthony Avenue - 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5825, Email: Jonathan.H.Leach@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §1812-G
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DLC RULEMAKING WEBSITE: https://www.maine.gov/dhhs/dlc/rulemaking/index.shtml .
DLC WESITE: https://www.maine.gov/dhhs/dlc/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 – Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 220, Radiation Protection Rule
PROPOSED RULE NUMBER: 2018-P280
BRIEF SUMMARY: This rule applies to all persons who receive, possess, use, transfer, own or acquire any source of radiation in order to protect the health, safety and welfare of the people of Maine. This rule is designed to institute and maintain a regulatory program for sources of ionizing radiation, and to provide for compatibility and equivalency with the standards and regulatory programs of the federal government, an integrated effective system of regulation within the State, and a system consonant insofar as possible with those of other states. These changes to this rule correct errors/omissions and clarify current requirements of this rule. The corrections to this rule were received from the Nuclear Regulatory Commission as comments that are necessary to maintain compatibility of this rule with the federal regulations. The changes proposed clarify references and omissions in the earlier adopted rule.
PUBLIC HEARING: Tuesday, January 8, 2019 - 9:00 a.m., 286 Water Street, Augusta ME 04333
COMMENT DEADLINE: January 18, 2019. Any person who requires special accommodations to participate in the public hearing is asked to notify the person named below as the contact for this filing within 7 days of the date of the scheduled hearing.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Andrew Hardy, DHHS, 286 Water Street - 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-4490. Fax: (207) 287-2887. TTY: Call 711 (Maine Relay). Email: Andrew.Hardy@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: 
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS ch. 160, Radiation Protection Act
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/rad/ .
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/ .
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 8, Landings Program
PROPOSED RULE NUMBER: 2018-P281
BRIEF SUMMARY: This rule would update reporting requirements for halibut, shrimp, and scallop harvesters to remove outdated references to Loran stations and bearings as options for reporting harvesting locations. It would require halibut harvesters to report landings numbers rather than license numbers, and would add a new component to the halibut harvester reporting requirements to include total number of hooks fished.
PUBLIC HEARING: 1:00 p.m. - January 9, 2019, DMR Laboratory, West Boothbay Harbor, ME. (Snow date 1:00 p.m. January 10, 2019, DMR Laboratory, West Boothbay Harbor, ME). Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: January 21, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (2070 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations: 34.07, Atlantic Halibut Size Limit
PROPOSED RULE NUMBER: 2018-P282
BRIEF SUMMARY: The Department proposes to allow charter and party boat operators to fillet Atlantic halibut at sea. Possession for Atlantic halibut is limited to one fish per boat. The current rule does not allow fisherman or charter/party boat captains to fillet Atlantic halibut at sea. This rule is in place to ensure the fish can be measured and is greater than the minimum size limit of 41 inches total length or 32 inches from the pectoral fin if the head is removed. This proposed change would allow charter/party boat captains the ability to fillet Atlantic halibut at sea if the halibut carcass (rack) remains in their possession until all customers have landed on shore. This change will allow a single Atlantic halibut to be shared with several fishing customers instead of one customer retaining the entire fish. Marine patrol officers would still be able to measure Atlantic halibut carcasses (racks) to ensure fish of legal sizes were possessed.
PUBLIC HEARING: 3:00 p.m. - January 9, 2019, DMR Laboratory, West Boothbay Harbor, ME. (Snow date 3:00 p.m. January 10, 2019, DMR Laboratory, West Boothbay Harbor, ME). Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: January 21, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (2070 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6171
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 42, Striped Bass (Method of Taking)
PROPOSED RULE NUMBER: 2018-P283
BRIEF SUMMARY: This rule would remove the circle hook requirement for Atlantic striped bass. Due to their migratory behavior, the Atlantic States Marine Fisheries Commission (ASMFC) governs interstate management for Atlantic striped bass. Consistent regulations across jurisdictions are recommended within the ASMFC Striped Bass Management Plan and a circle hook restriction is recommended within Amendment 6 of the Plan to reduce the mortality associated with hooking and releasing striped bass. Maine implemented a circle hook restriction in 2013 with the assumption that it be similarly implemented by the other Atlantic states. Other jurisdictions have not enacted this requirement and do not plan to implement a circle hook restriction. A circle hook restriction limited to Maine waters exclusively is not an effective management measure for a migratory fish species spanning from Maine to North Carolina along the Atlantic coast.
PUBLIC HEARING: 2:00 p.m. - January 9, 2019, DMR Laboratory, West Boothbay Harbor, ME. (Snow date 2:00 p.m. January 10, 2019, DMR Laboratory, West Boothbay Harbor, ME). Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: January 21, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (2070 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6171
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 43, Bluefish Rules (Method of Taking)
PROPOSED RULE NUMBER: 2018-P284
BRIEF SUMMARY: This rule would remove the circle hook requirement for bluefish.  In a concurrent proposed rulemaking, the Department is proposing to remove the circle hook requirement for striped bass. The requirement to use circle hooks for bluefish was implemented in 2013 in order to make it possible to enforce the circle hook requirement for striped bass. Because the requirement is being proposed for elimination for striped bass, the Department is proposing to also eliminate the requirement for bluefish.
PUBLIC HEARING: 2:30 p.m. - January 9, 2019, DMR Laboratory, West Boothbay Harbor, ME. (Snow date 2:30 p.m. January 10, 2019, DMR Laboratory, West Boothbay Harbor, ME). Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: January 21, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (2070 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6171
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 115, Vibrio parahaemolyticus Control Plan
PROPOSED RULE NUMBER: 2018-P285
BRIEF SUMMARY: This proposed rule incorporates the Sheepscot River, north of Route 1, into the existing Vibrio parahaemolyticus (Vp) control plan. The addition of the Sheepscot River is intended to reduce the likelihood that American and European oysters (Crassostrea virginica andOstrea edulis) and hard clams (Mercenaria mercenaria) harvested from the Sheepscot River will cause Vp infections in consumers. In 2018, DMR received an illness report of a laboratory confirmed case of Vp that implicated oysters from the Sheepscot River as the sole source. The Maine Department of Marine Resources recognizes that the portion of the Sheepscot River north of Route 1 has the environmental characteristics (primarily water and air temperature and salinity) that potentially pose a threat to public health with regard to Vp infections. Research indicates that the most reliable way to minimize potential Vp illnesses is to utilize time and temperature controls.
PUBLIC HEARING: 1:30 p.m. - January 9, 2019, DMR Laboratory, West Boothbay Harbor, ME. (Snow date 1:30 p.m. January 10, 2019, DMR Laboratory, West Boothbay Harbor, ME). Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: January 21, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (2070 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6171-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .


ADOPTIONS


AGENCIES:
10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC), jointly with
06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 263, Maine Comprehensive and Limited Environmental Laboratory Accreditation Rule
ADOPTED RULE NUMBERS: 2018-265 (DHHS), 266 (DEP)
CONCISE SUMMARY: This rule repeals and replaces the existing Ch. 263. This is a joint rule established by the Department of Health and Human Services (DHHS) and the Department of Environmental Protection (DEP) to update requirements for the accreditation of laboratories analyzing environmental samples for compliance purposes for the following regulations: Safe Drinking Water Act; Clean Water Act; Resource Conservation and Recovery Act; and Leaking Underground Storage Tanks (LUST) Program. This rule differs from the current laboratory certification rule in that this rule includes: 1) updates to references to the 40 CFR Parts 136, 141 and 261 related to the specified methods test categories; 2) "provisional status" as an additional accreditation option; 3) an all-encompassing quality systems section for easy reference; 4) reporting requirements for Maine laboratories when samples are not analyzed according to accredited methods, including those for private well samples; 5) client notification requirements if the lab withdraws accredited methods; and 6) an adjusted fee schedule that is consistent with current practice. This rule allows laboratories to use the more recent edition of Standard Methods, the 22nd Edition of Standard Methods. Additionally, this rule replaces the term certification with accreditation to keep consistent nomenclature with national/international standards, corrects grammatical inconsistencies and presents a new structure and format of the rule, for improved clarity and uniformity.
EFFECTIVE DATE: December 19, 2018
CONTACT PERSON: Bridget Bagley, DHHS, 286 Water Street – 11 State House Station, Augusta Maine 04330. Telephone: (207) 287-9394. Email: Bridget.Bagley@Maine.gov .
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/ .
MAINE CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
DEP WEBSITE: http://www.maine.gov/dep/ .
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 805, Composite Filing
ADOPTED RULE NUMBER: 2018-267
CONCISE SUMMARY: Maine Revenue Services has amended rule 805 (“Composite Filing”). MRS Rule 8-5 establishes procedures for filing of composite returns of income by partnerships, estates, trusts, and S corporations on behalf of partners, beneficiaries, or shareholders. In addition to technical, non-substantive changes, the rule is being revised to set the tax rate for composite returns at the highest marginal rate in 36 MRS §5111 “for the applicable tax year” rather than referring to the specific rate set in 36 MRS §5111(E), which is outdated. However, the tax rate will not change.
EFFECTIVE DATE: December 17, 2018
MRS CONTACT PERSON: Heather O. Popadak, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9999. Email: Heather.O.Popadak@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULEMAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 90-351 - Workers’ Compensation Board (WCB)
CHAPTER NUMBER AND TITLE: Ch. 5, Medical Fees; Reimbursement Levels; Reporting Requirements
ADOPTED RULE NUMBER: 2018-268
CONCISE SUMMARY: Pursuant to 39-A MRS §209-A(5), every three years the Board must undertake a comprehensive review of the medical fee schedule. The amended rule incorporates changes designed to ensure both broad access to care and appropriate limitations on the cost of health care services.
EFFECTIVE DATE: January 1, 2019
WCB CONTACT PERSON / RULEMAKING LIAISON: John C. Rohde, General Counsel, 27 State House Station, Augusta, ME 04333-0027. Telephone: (207) 287-7086. Email: John.Rohde@Maine.gov .
WCB WEBSITE: http://www.maine.gov/wcb/ .


AGENCY: 12-150 – Department of Labor (DOL), Division for the Blind and Visually Impaired (DBVI)
CHAPTER NUMBER AND TITLE: Ch. 101, Rules Governing Vocational Rehabilitation Services for Individuals who are Blind or Visually Impaired
ADOPTED RULE NUMBER: 2018-269
CONCISE SUMMARY: The rules govern the delivery of vocational rehabilitation services for persons who are blind or visually impaired in achieving an employment outcome. Amendments reflect changes required by the federal Workforce Innovation and Opportunity Act, as well as clarifications in the appeals process and post-secondary services.
EFFECTIVE DATE: January 1, 2019
DBVI CONTACT PERSON: Brenda Drummond, Director, Division for the Blind and Visually Impaired, Department of Labor, Bureau of Rehabilitation Services, 150 State House Station, Augusta, ME 04333-0150. Telephone: (207) 623-7954. Email: Brenda.G.Drummond@Maine.gov .
DBVI WEBSITE: http://www.maine.gov/rehab/dbvi/index.shtml .
DOL WEBSITE: http://www.maine.gov/labor/index.shtml .
DOL RULEMAKING LIAISON: Laura.J.Hudson@Maine.gov .


AGENCY: 12-152 – Department of Labor (DOL), Division of Vocational Rehabilitation (DVR)
CHAPTER NUMBER AND TITLE: Ch. 1, Division of Vocational Rehabilitation Rules
ADOPTED RULE NUMBER: 2018-270
CONCISE SUMMARY: These rules govern the delivery of vocational rehabilitation services for persons who have a physical or mental disability in achieving an employment outcome. Amendments reflect changes required by the federal Workforce Innovation and Opportunity Act, as well as clarifications in the appeals process, post-secondary services, and transportation assistance.
EFFECTIVE DATE: January 1, 2019
DVR CONTACT PERSON: Libby Stone-Sterling, Director, Division of Vocational Rehabilitation, Department of Labor - Bureau of Rehabilitation Services, 150 State House Station, Augusta, ME 04333. Telephone: (207) 623-7943. Email: Libby.Stone-Stirling@Maine.gov .
DVR WEBSITE: https://www.maine.gov/rehab/dvr/index.shtml .
DOL WEBSITE: http://www.maine.gov/labor/index.shtml .
DOL RULEMAKING LIAISON: Laura.J.Hudson@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.08, Targeted Closures: 7., Gouldsboro and Dyers Bays
ADOPTED RULE NUMBER: 2018-271 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking to implement conservation closures in the Gouldsboro and Dyers Bays within the Gouldsboro and Dyers Bay Rotational Area to protect Maine’s scallop resources from the risk of unusual damage and imminent depletion. The Department is concerned that continued harvesting for the duration of the 2018-19 fishing season in this small area will greatly reduce the abundance of the remaining broodstock as well as seed scallop resource that is essential to the ongoing recruitment, regrowth and recovery of the scallop resource. An immediate conservation closure is necessary to reduce the risk of unusual damage and imminent depletion of the scallop resource in the Gouldsboro and Dyers Bays within the Gouldsboro and Dyers Bay Rotational Area.
The last day of harvesting for scallop draggers will be Friday, December 14, 2018. The final day of harvesting for scallop divers will be Wednesday, December 19, 2018. These specific days allow for equal harvest opportunity of ten days. This action stems from a recommendation from the Scallop Advisory Council during their July 2018 meeting that requested parity of harvest opportunity when possible during emergency closures.
For these reasons, the Commissioner hereby adopts an emergency closure of Maine’s scallop fishery in these areas as authorized by 12 MRS §6171(3)(A).
EFFECTIVE DATE: December 16, 2018
AGENCY CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .