January 27, 2016

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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.02, Migratory Bird Hunting
PROPOSED RULE NUMBER: 2016-P006
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider the adoption of the following rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds (SUBJECT TO CHANGE TO COMPLY WITH FINAL FEDERAL GUIDELINES).
1) Ducks: NORTH ZONE: September 26 through December 3, 2016. SOUTH ZONE: October 1 through October 15, 2016; November 1, 2016 through December 24, 2016. COASTAL ZONE: October 1 through October 15, 2016; November 11, 2016 through January 4, 2017. Daily Limit 6 ducks, no more than 4 of any one species; possession limit 18, no more than 12 of any one species, with the following exceptions:
a. Closed season for harlequin ducks and Barrow’s goldeneye.
b. Daily limit: 1; possession limit: 3; for black ducks, mottled ducks, and fulvous whistling ducks.
c. Daily limit: 2; possession limit: 6; for hen mallard, northern pintail, scaup, redhead and canvasback.
e. Daily limit: 3; possession limit: 9; for wood ducks.
2) Mergansers and American coots: SEASON DATES SAME AS DUCKS. Mergansers: Daily limit 5 in the aggregate; possession limit 15 with the following exception: Hooded mergansers: daily limit: 2; possession limit: 6. American coot: Daily limit 5, possession limit 15.
3) Canada Geese (Early Season): September 1 through September 24, 2016. NORTH ZONE: Daily limit 6; possession limit: 18. SOUTH ZONE: Daily limit 10; possession limit: 30. COASTAL ZONE: Daily limit 10; possession limit: 30. Regular Goose Season - (Daily Limit 3, possession limit 9): NORTH ZONE: October 1 through December 21, 2016. SOUTH ZONE: October 1 through October 27, 2016; November 1, 2016 through December 24, 2016. COASTAL ZONE: October 1 through October 27, 2016; November 11, 2016 through January 4, 2017
4) Snow Geese: October 1, 2016 - January 31, 2017. Daily limit 25; no possession limit.
5) Brant: (Daily limit 1; possession limit 3): NORTH ZONE: October 1 through November 4, 2016. SOUTH ZONE: October 1 through October 15, 2016; November 1 through November 19, 2016. COASTAL ZONE: October 1 through October 15, 2016; November 11 through November 30, 2016
6) Crows: (no daily bag or possession limit). WMD 1-6: February 4, 2017 to April 15, 2017; August 1, 2017 to September 22, 2017. WMD 7-29: January 20, 2017 to March 31, 2017; August 1, 2017 to September 22, 2017
7) Special Falconry Season: In addition to the regular migratory bird season on ducks, geese, mergansers, and American coots: NORTH ZONE: December 22, 2016 through February 11, 2017 (Closed to goose hunting February 1 to February 11, 2017). COASTAL and SOUTH ZONE: January 7, 2017 through February 28, 2017 (Closed to goose hunting February 17 to February 28, 2017). Falconry season daily bag and possession limits for all permitted migratory game birds shall not exceed 3* and 9 birds respectively, singly or in the aggregate. *all species restrictions apply.
8) Sea Ducks: (scoters, eiders, and long-tailed ducks in the sea duck hunting area**): November 11, 2016 through January 19, 2017. Daily Limit 5 sea ducks, no more than 4 scoters, 4 eiders or 4 long-tailed ducks); possession limit 15, no more than 12 scoters, 12 eiders or 12 long-tailed ducks. Please note: No sea ducks can be taken in the coastal zone when the special sea duck season is closed. Sea ducks may be taken in the North Zone and South Zone as part of the regular duck season daily bag limit, but cannot exceed 4 eiders, 4 scoters or 4 long-tailed ducks or 5 sea ducks in the aggregate. **Note: the Sea Duck Hunting Area differs from the Coastal Zone in definition: Sea Duck Hunting Area = All coastal waters and waters of rivers and streams seaward from the first upstream bridge. Coastal Zone = Includes areas south of a line beginning at the Maine-New Brunswick border in Calais at the Route 1 bridge, south along Route 1 to the Maine-New Hampshire border in Kittery.
9) Woodcock: October 1 – October 29, 2016; October 31 – November 15, 2016. Daily limit 3; possession limit 9
10) Common Snipe: September 1 – December 16, 2016. Daily limit 8; possession limit 24
11) Rails (Sora and Virginia): September 1 – November 9, 2016. Daily limit 25; possession limit 25
12) Moorhens and Gallinules: Closed Season
13) YOUTH WATERFOWL HUNT: North Zone September 17, 2016. North Zone December 10, 2016. South Zone September 24, 2016. South Zone October 22, 2016
Coastal Zone September 24, 2016. Coastal Zone November 5, 2016. Bag limits for waterfowl as above. Special regulations will apply to youth and accompanying adult.
PUBLIC HEARING: Wednesday, February 17, 2016 @ 6:30 p.m. - Camden National Bank Ice Vault, 203 Whitten Road, Hallowell, ME
COMMENT DEADLINE: February 29, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 41 State House Station, 284 State Street, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov.
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA    10104, 11855
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 25, Weatherization Program Rule
PROPOSED RULE NUMBER: 2016-P007
BRIEF SUMMARY: This rule repeals the current Weatherization Program Rule and replaces it with a new Weatherization Assistance Program Rule. The replacement rule: (i) Delinks the Home Energy Assistance Program (HEAP) weatherization program from the U.S. Department of Energy Weatherization Assistance Program (DOE WAP) requirements. The existing rule applies to both programs. The replacement rule will apply only to DOE WAP; (ii) Refers to revised federal regulations on administrative requirements, cost principles, and auditing requirements and incorporates federal guidance on household income calculations; (iii) Revises procedures for suspending or terminating a subgrantee: a formal hearing process is replaced with an informal review; (iv) Requires prior written approval from MaineHousing to replace windows or doors; (v) Clarifies the fair hearing process for applicants and for debarment of contractors; and (vi) Makes other minor technical revisions and updates.
A copy of the proposed replacement rule may be found at www.mainehousing.org .
PUBLIC HEARING: A public hearing will be held on Tuesday, February 16, 2016 at 9:30 a.m. at Maine State Housing Authority’s offices, 353 Water Street, Augusta, Maine 04330-4633. Maine State Housing Authority’s office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communications auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, February 26, 2016 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MSHA RULE-MAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4600, (800) 452-4668 (voice in state only), or Maine Relay 711. E-mail: luhl@mainehousing.org . Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRSA    4722(1)(W), 4741(15)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above


AGENCY: 01-001 - Maine Department of Agriculture, Conservation & Forestry (DAFC) (in association with the Maine Milk Commission – MMC)
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool Cost of Administration
PROPOSED RULE NUMBER: 2016-P008
CONCISE SUMMARY: The principal reason for this rule-making is to amend the cost of administering the Maine Milk Pool. Costs incurred for the Maine Milk Pool for personnel services and for operation was approximately $60,000 in 2016. Based on the last twelve months expenses, it is estimated that the Pool costs for similar expenses for 2016 will be approximately $60,000.
The total pounds in the Pool for the last twelve months (December 2014 - November 2015) were approximately 591,242,002. It is estimated that the total pounds in the Pool for 2016 will be approximately the same.
Based on the above projected costs and pounds the Pool Administrator proposes to set the rate per hundredweight of milk for the cost of administering the Pool for calendar year 2016 at $0.01/cwt. This represents no change from 2015.
PUBLIC HEARING: February 23, 2016, Tuesday, starting at 9:30 a.m., Room 233, Department of Agriculture Conservation and Forestry, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: March 4, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA  3154(2)
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DAFC RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

ADOPTIONS

AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 740, Credit for Reinsurance
ADOPTED RULE NUMBER: 2016-005
CONCISE SUMMARY: These amendments implement changes to Maine's Credit for Reinsurance Act which allows reduced collateral for reinsurance ceded by insurers to "certified" reinsurers. They also reflect miscellaneous changes .to Maine law and the National Association of Insurance Commissioners Model Act that have been made since the rule's 1993 adoption.
EFFECTIVE DATE: January 24, 2016
AGENCY CONTACT PERSON: Elena Crowley, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8421. E-mail: Elena.I.Crowley@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II and III, Section 96, Private Duty Nursing and Personal Care Services
ADOPTED RULE NUMBER: 2016-006
CONCISE SUMMARY: This rule increases the reimbursement rates for Personal Support Services (PSS) provided under the MBM, Ch. II and III, Section 96, “Private Duty Nursing and Personal Care Services”. This rule adoption follows the enactment of the State’s biennial budget, which increased the rates for PSS effective July 1, 2015 (PL 2015 ch. 267, Part A, Sec. A-32). To avoid a reduction in services available to members as a result of the increase in reimbursement rates for PSS, this rule-making also includes a proportional increase in the monthly cost caps for affected members’ levels of care.
The Department submitted a State Plan Amendment for this change to the Centers for Medicare and Medicaid Services with a proposed effective date of July 1, 2015.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: January 25, 2016
AGENCY CONTACT PERSON: Olivia Alford, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-624-4059. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Olivia.Alford@Maine.gov .
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA    42(8), 3173; 5 MRSA  8054; PL 2015 ch. 267, Parts A and UU
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 02-416 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Social Worker Licensure
CHAPTER NUMBER AND TITLE:
Ch. 13, Licensure (Amend)
Ch. 17, Record Retention Requirements (New)
ADOPTED RULE NUMBERS: 2016-007, 2016-008
CONCISE SUMMARY: In this rule-making, the Board adopted Ch. 17, a new rule that sets forth record retention requirements for licensees of the Board. The Board also amended Ch. 13 of its rules in order to update the provisions on inactive status licensure.
EFFECTIVE DATE: January 25, 2016
AGENCY CONTACT PERSON: Torrey Gray, Board Administrator, Board of Social Worker Licensure, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8420. E-mail: Torrey.J.Gray@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/social_workers/index.html .
OPOR RULE-MAKING LIAISON: Holly.Doherty@Maine.gov.