July 24, 2019

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: 99-650 - Combat Sports Authority of Maine
CHAPTER NUMBER AND TITLE: Rules for Mixed Martial Arts, Ch. 1 thru 11
PROPOSED RULE NUMBERS: 2019-P108 thru P118
BRIEF SUMMARY: These routine technical rules repeal and replace present texts, reiterate requirements for certification of fighters, promoters, and other authorized participants; clarify procedures for medical assessments of fighters; update weight classifications; and strengthen regulation of fighters’ use of performance-enhancing and other prohibited substances. The Authority has determined that these amendments are necessary to correct certain errors, ambiguities, and omissions; to ensure internal consistency; and, to ensure compliance with current governing law and generally accepted practices. The rules’ formatting has been standardized. This rulemaking does not include changes to any fees for certification of participants.
DETAILED SUMMARY: These routine technical rules repeal and replace present texts, correct technical errors, clarify terminology, and provide greater guidance to authorized participants as to permissible activities. The Authority’s experience to date has revealed the necessity to address more comprehensively regulatory concerns including the use of prohibited substances by competitors and pre- and post-fight medical checks for fighters. The Authority will enforce the rules through certification, i.e., the licensing process, and maintenance of a presence at events.
Ch. 1 sets forth generally requirements for authorized participants’ certifications, the location of and permissible activities at competitions, the conduct of events, and the powers of members of the Authority. Previous references to weighing in procedures have been moved to Ch. 2. The definition of an MMA “exhibition” is clarified.
Ch. 2 identifies technical requirements for competitions, including fighting areas’ specifications; equipment; combatants’ apparel and physical appearance; round duration; and the presence of judges, referees, physicians, emergency medical technicians, inspectors, and ambulances. There is a new restriction regarding competitors’ application of balm and gels to their bodies and an update on weight classifications.
Ch. 3 sets forth the criteria for judging and refereeing mixed martial arts competitions and contains updates on judging and refereeing criteria, to make Authority rules consistent with the latest Uniform Rules of the Association of Boxing Commissions.
Ch. 4 establishes the qualifications for and the duties of judges of mixed martial arts competitions.
Ch. 5 establishes the qualifications for and duties of referees of mixed martial arts competitions.
Ch. 6 establishes the qualifications for and duties of promoters of mixed martial arts competitions. Duties imposed include responsibility for attendance of officials; an adequate police, medical, and security presence; venue safety; insurance coverage; financial disclosures; and ensuring payment of certification and event fees. A new provision codifies promoters’ responsibility for ensuring employment and payment of inspectors.
Ch. 7 establishes the qualifications for and duties of mixed martial arts competitors. It mandates pre-fight and post-fight medical examinations. It provides for testing for prohibited substance use, includes a more specific iteration of prohibited substances, and clarifies that a failed drug test will result in immediate disqualification and certificate suspension and possible imposition of a monetary penalty. Ch. 7 also outlines certain duties of the Authority regarding interstate notice of disciplinary suspension of participants in mixed martial arts competitions.
Ch. 8 establishes qualifications for and duties of managers, trainers, seconds, cutpersons, scorekeepers, and cornerpersons. It contains an updated list of authorized/prohibited activities and equipment.
Ch. 9 establishes the qualifications for and duties of attending physicians at mixed martial arts competitions.
Ch. 10 establishes the requirements for and duties of inspectors at mixed martial arts.
Ch. 11 establishes the qualifications for and duties of timekeepers at mixed martial arts competitions.
Sources for the rules’ content include Authority members’ previous experience with mixed martial arts, observations during competitions regulated under current rules, and the Uniform Rules of the Association of Boxing Commissions.
PUBLIC HEARING: At 10:00 a.m. on August 13, 2019, the Authority will hold a public hearing to receive comments on Ch. 1 thru 11. Hearing will be held in Legislative Hearing Room 220 of the Burton Cross State Office Building (the building directly behind the State House), 111 Sewall Street, Augusta, Maine.
COMMENT DEADLINE: The Authority will accept written comments on Ch. 1 thru 11 (including emails) until 5:00 p.m. August 27, 2019.
CONTACT PERSON FOR THIS FILING AND COPIES OF THE RULES / SMALL BUSINESS IMPACT INFORMATION / AUTHORITY RULEMAKING LIAISON: Hal Pierce, Chairperson, Combat Sports Authority of Maine, 54 River Road, Edgecomb, ME 04556. Telephone: (207) 350-5678. Email: hp5150@gwi.net .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 8 MRS §523
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: https://www.mainecombatsports.com/contact-us/ .

AGENCY: 99-650 - Combat Sports Authority of Maine
CHAPTER NUMBER AND TITLE: Rules for Boxing, Ch. 1 thru 12
PROPOSED RULE NUMBER: 2019-P119 thru P130
BRIEF SUMMARY: These routine technical rules repeal and replace present texts, reiterate requirements for certification of fighters, promoters, and other authorized participants; clarify procedures for medical assessments of fighters; update weight classifications; and strengthen regulation of fighters’ use of performance-enhancing and other prohibited substances. The Authority has determined that these amendments are necessary to correct certain errors, ambiguities, and omissions; to ensure internal consistency; and, to ensure compliance with current governing law and generally accepted practices. The rules’ formatting has been standardized. This rulemaking does not include changes to any fees for certification of participants.
DETAILED SUMMARY: These routine technical rules repeal and replace present texts, correct technical errors, clarify terminology and its applicability, and provide greater guidance to authorized MMA participants. They add requirements resulting from the Authority’s experience to date, which has revealed the necessity to address more comprehensively certain regulatory concerns including regulation of the use of prohibited substances by competitors and pre- and post-fight medical checks for fighters. The Authority will enforce the rules through certification, i.e., the licensing process, and maintenance of a presence at events.
Ch. 1 sets forth general requirements for authorized participants’ certifications, the location of and permissible activities at competitions, and the powers of members of the Authority. This revision changes the deadline for the Authority’s receipt of completed applications for certification from 72 to 24 hours before an event.
Ch. 2 identifies technical requirements for competitions, including boxing rings’ specifications; permissible/prohibited equipment; boxers’ apparel and physical appearance; round duration; and the presence of judges, referees, physicians, emergency medical technicians, inspectors, and ambulances. Boxers’ weight classifications and permissible glove weights are updated.
Ch. 3 sets forth the criteria for judging and refereeing boxing competitions.
Ch. 4 establishes the qualifications for and the duties of judges of boxing competitions.
Ch. 5 establishes the qualifications for and duties of referees of boxing competitions.
Ch. 6 establishes the qualifications for and duties of promoters of boxing competitions. Duties imposed include responsibility for attendance of officials; an adequate police, medical, and security presence; venue safety; insurance coverage; financial disclosures; and ensuring payment of certification and event fees. A new provision codifies promoters’ responsibility for ensuring employment and payment of inspectors.
Ch. 7 establishes the qualifications for and duties of boxers. It mandates pre-fight and post-fight medical examinations. It provides for testing for prohibited substances, includes a more specific iteration of prohibited substances, and clarifies that a failed test will result in immediate disqualification and certificate suspension and possible imposition of a monetary penalty. Ch. 7 also outlines certain duties of the Authority regarding interstate notice of disciplinary suspension of participants in mixed martial arts competitions.
Ch. 8 establishes qualifications for and duties of managers, trainers, seconds, cutpersons, scorekeepers, and cornerpersons. It updates the list of authorized/prohibited activities relating to those persons and the use of equipment.
Ch. 9 establishes the qualifications for and duties of attending physicians at boxing competitions.
Ch. 10 establishes the requirements for and duties of inspectors at boxing competitions,
Ch. 11 establishes the qualifications for and duties of timekeepers at boxing competitions.
Ch. 12 sets forth requirements applicable exclusively to women boxers.
Sources for the rules’ content include Authority members’ own experiences in the sport of boxing, exchanges of information with regulators in other states, and communications with the Association of Boxing Commissions.
PUBLIC HEARING: At 10:00 a.m. on August 13, 2019, the Authority will hold a public hearing to receive comments on Ch. 1 thru 12. Hearing will be held in Legislative Hearing Room 220 of the Burton Cross State Office Building (the building directly behind the State House), 111 Sewall Street, Augusta, Maine.
COMMENT DEADLINE: The Authority will accept written comments on Ch. 1 thru 12 (including emails), until 5:00 p.m. August 27, 2019.
CONTACT PERSON FOR THIS FILING AND COPIES OF THE RULES / SMALL BUSINESS IMPACT INFORMATION / AUTHORITY RULEMAKING LIAISON: Hal Pierce, Chairperson, Combat Sports Authority of Maine, 54 River Road, Edgecomb, ME 04556. Telephone: (207) 350-5678. Email: hp5150@gwi.net .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 8 MRS §523
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: https://www.mainecombatsports.com/contact-us/ .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 440 (New), Gas Utility Meter Performance, Accuracy, Testing, and Related Standards
PROPOSED RULE NUMBER: 2019-P131
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking proceeding to consider the adoption of Ch. 440, Gas Utility Meter Performance, Accuracy, Testing and Related Standards. This rule will establish meter performance, accuracy and testing standards for local distribution companies (LDCs) and establish protocols for converting metered usage to Therms for the purpose of billing customers.
PUBLIC HEARING: August 14, 2019 at 1:30 p.m., Maine Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347
COMMENT DEADLINE: August 24, 2019. Written comments on the proposed rule may be filed until August 24, 2019. However, the Commission requests that initial comments be filed by Monday, August 12, 2019, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2019-00138 and be submitted through the Commission’s case management system.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Leslie Raber, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1562. Email: Leslie.Raber@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine.gov/mpuc .
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 323, Maine General Assistance Manual: Section II, Definitions; Section IV, Eligibility
ADOPTED RULE NUMBER: 2019-124 (Emergency)
CONCISE SUMMARY: This rule amends sections II and IV of the Maine General Assistance Manual.
The Maine Legislature amended the definition of "eligibility" in the Municipal General Assistance law through PL 2015 ch. 324, codified at 22 MRS §4301(3), by adding the following sentence: "Beginning July 1, 2015, in accordance with. 8 United States Code, Section 1621(d), "eligible person" means a person who is lawfully present in the United States or who is pursuing a lawful process to apply for immigration relief, except that assistance for such a person may not exceed 24 months." These rule changes broaden the scope of the definitions for "lawfully present" and "pursuing a lawful process to apply for immigration relief" in Section Il, as well as amend the "Immigration Status" provisions in Section IV, consistent with the 2015 law. As set forth more specifically, below, these changes are necessary and proper for the protection of life, health and welfare, and the successful operation of Maine's health and welfare laws. 22 MRS §42(1).
Pursuant to 5 :MRS §8054, the Department finds that emergency rulemaking is necessary to implement these changes as soon as possible given the recent influx of noncitizens into Maine, who are at the first stages of the asylum-seeking process. Obtaining legal employment while their applications for asylum are pending is often difficult or impossible. These residents thus require immediate assistance with basic needs such as shelter and food. Various Maine municipalities are expending both privately and publicly sourced emergency funds for such care, and have opened emergency shelters to provide temporary housing. Adjacent municipalities have offered assistance of various sorts, but such aid is limited by their own municipal budgetary restrictions. The anticipated exhaustion of local resources will cause a critical problem with the provision of assistance to such migrants, many of them children, including medicine, food and shelter. Pursuant to 22 MRS §4301(3), these rule changes require municipalities to provide General Assistance to eligible asylum seekers, and allow municipalities to obtain state funding for same. Modification of the usual rulemaking procedures under the Maine Administrative Procedure Act is necessary to meet the immediate threat to public health, safety and welfare that would arise if rules addressing this emergency could not be enacted without delay.
This emergency rule will take effect immediately and may be in effect for up to ninety days. 5 MRS §8054.
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: July 18, 2019
OFI CONTACT PERSON: Sara Russell, General Assistance Program Manager, Office for Family Independence, Department of Health and Human Services, 109 Capitol Street, Augusta, ME 04333. Telephone: (207) 624-4193. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Sara.Russell@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
OFI RULEMAKING LIAISON: Dan.Cohen@Maine.gov .

AGENCY: 16-633 – Department of Public Safety (DPS), Gambling Control Board
CHAPTER NUMBERS AND TITLES:
Ch. 2, Licenses and Applications
Ch. 4, License Records
Ch. 5, Internal Controls (including Appendix A, “Minimum Internal Controls”)
ADOPTED RULE NUMBERS: 2019-125, 126, 127
CONCISE SUMMARY: The rule package repeals the identification of coins, tokens, hoppers and drop buckets for use in slot machines. There are none and have not been any use of these since inception. All slot machines today are considered ticket in and ticket out which accepts tickets and/or currency only.
EFFECTIVE DATE: July 22, 2019
BOARD CONTACT PERSON / RULEMAKING LIAISON: Milton Champion, Executive Director, Gambling Control Board, 45 Commerce Drive - Suite 3, Augusta ME 04333-0087. Telephone: (207) 626-3901. Email: Milton.F.Champion@Maine.gov .
BOARD/UNIT WEBSITE: http://www.maine.gov/dps/gamb-control/index.html .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting (16.06, 16.12, 16.13)
ADOPTED RULE NUMBER: 2019-128
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended hunting laws as they apply to submission of tooth and tissue samples when registering a bobcat. Otter and bobcat are governed by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and must be registered and tagged by Department staff. To standardize requirements across species all bobcat harvested by hunting must be registered within 10 days. An amendment to furbearing animal possession, transportation and registration requirements will allow someone the ability to gift unregistered coyote pelts to someone else for registration and utilization of the pelt. To comply with newly enacted legislation, season dates for upland game hunting of certain species has been modified to begin on the last Saturday in September. A complete copy of the rule is available by contacting the rulemaking contact person listed below.
EFFECTIVE DATE: July 23, 2019
IFW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 17, Trapping (17.03, 17.06, 17.07)
ADOPTED RULE NUMBER: 2019-129
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended trapping rules to include the following: amend the definition of a covered float, extend the beaver trapping season in southern Maine by 15 days, add specified property in Fort Fairfield to the beaver closures in WMD 6, and adjust the muskrat trapping season to coincide with beaver trapping. In an effort to standardize requirements across species all bobcat harvested by hunting and otter taken in beaver traps from January 1 to April 30 must be registered by Department staff within 10 days of harvest. A lower canine may be submitted when presenting a bobcat for registration. An amendment to possession of pelts without fur registration tag requirements will allow someone the ability to gift unregistered coyote pelts to someone else for registration and utilization of the pelt. A complete copy of the proposed rule can be obtained from the rulemaking contact person listed below.
EFFECTIVE DATE: July 23, 2019
IFW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/ .

AGENCY: 01-026 – Department of Agriculture, Conservation and Forestry (DACF), Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 10, Definitions and Terms
ADOPTED RULE NUMBER: 2019-130
CONCISE SUMMARY: Two amendments to Ch. 10 were adopted by the Board:
* “Aerial Applicator” allows certification as a private applicator.
* “Property not deemed to be open to use by the public” includes property where the public has not been permitted on the treated portion of privately held recreational land within seven days of a pesticide application for vegetation management.
EFFECTIVE DATE: July 23, 2019
BOARD CONTACT PERSON: Megan Patterson, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-2731. Email: Megan.L.Patterson@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/dacf/php/pesticides/index.shtml .
DACF RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov .

AGENCY: 01-026 – Department of Agriculture, Conservation and Forestry (DACF), Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 31, Certification and Licensing Provisions / Commercial Applicators
ADOPTED RULE NUMBER: 2019-131
CONCISE SUMMARY: Eleven amendments to Ch. 31 were adopted by the Board. Many of these are required as part of the state cooperative agreement with the EPA.
* Added requirement for a government-issued photo id for all exams.
* Established annual training requirements for noncertified applicators of restricted use pesticides.
* Established a minimum age for individuals certified as commercial or private applicators.
* Updated the description of the credentials which will be issued to each applicator verifying certification.
* Removed section on transitioning to revised licensing and certification requirements.
* Updated the names of certain categories.
* Removed requirement to collect social security number.
* Changed cost of master exams to $10 for Master Regulations exam and $40 for Master Oral exam.
* Removed exemption for those certifying in the Post Harvest Treatment category from having to take the core exam.
* Removed requirements for applicators to receive continuing education credits in specific categories.
* Removed fee for replacement and upgraded licenses.
EFFECTIVE DATE: July 23, 2019
BOARD CONTACT PERSON: Megan Patterson, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-2731. Email: Megan.L.Patterson@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/dacf/php/pesticides/index.shtml .
DACF RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov .

AGENCY: 01-026 – Department of Agriculture, Conservation and Forestry (DACF), Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Amendments to Ch. 32, Certification and Licensing Provisions for Private Applicators
ADOPTED RULE NUMBER: 2019-132
CONCISE SUMMARY: Six amendments to Ch. 32 were adopted by the Board. All of these are required as part of the state cooperative agreement with EPA.
* Amended competency standards to include: label comprehension; responsibilities for supervisors of noncertified applicators; stewardship; ability to read and understand pesticide labeling.
* Removed option to provide oral examination.
* Added supplemental private categories which can be obtained in addition to certification for private licensure: aerial application; soil fumigation; non-soil fumigation.
* Established minimum age for individuals certified as commercial or private applicators.
* Updated the description of the credentials which will be issued to each applicator verifying certification.
* Added requirement for a government-issued photo id for all exams.
EFFECTIVE DATE: July 23, 2019
BOARD CONTACT PERSON: Megan Patterson, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-2731. Email: Megan.L.Patterson@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/dacf/php/pesticides/index.shtml .
DACF RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov .

AGENCY: 01-026 – Department of Agriculture, Conservation and Forestry (DACF), Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 50, Record Keeping & Reporting Requirements
ADOPTED RULE NUMBER: 2019-133
CONCISE SUMMARY: Two amendments to Ch. 50 were adopted by the Board.
* Customer address; and issuing authority, certification expiration date, and categories of certification, in addition to the applicator’s certification number, are required on dealer records of sales.
* Requirement for spray period records for major forest insect aerial spray programs was removed.
EFFECTIVE DATE: July 23, 2019
BOARD CONTACT PERSON: Megan Patterson, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-2731. Email: Megan.L.Patterson@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/dacf/php/pesticides/index.shtml .
DACF RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov .

AGENCY: 01-026 – Department of Agriculture, Conservation and Forestry (DACF), Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 36 (Repeal), Certification and Licensing Provisions for Monitors and Spotters for Forest Insect Aerial Spray Program
ADOPTED RULE NUMBER: 2019-134
CONCISE SUMMARY: The Board voted to repeal Ch. 36.
EFFECTIVE DATE: July 23, 2019
BOARD CONTACT PERSON: Megan Patterson, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-2731. Email: Megan.L.Patterson@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/dacf/php/pesticides/index.shtml .
DACF RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov .