Public Input for Proposed 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 §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 (http://www.maine.gov/sos/cec/rules/liaisons.html), who are single points of contact for each agency.
PROPOSALS
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) - Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. X Section 4, Limited Family Planning Benefit
PROPOSED RULE NUMBER: 2016-P054
CONCISE SUMMARY: This rule establishes the Limited Family Planning Benefit. Under the Limited Family Planning Benefit, the Department provides for the delivery of federally approved Medicaid services to qualified individuals when their income is equal to or below 209% of the nonfarm income official poverty line for reproductive health care and family planning services. The goal is to improve the health of individuals and families in Maine by improving access to family planning services and decreasing the overall costs of healthcare by helping to prevent or delay pregnancies and to improve overall reproductive health of enrollees.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Monday, June 6, 2016 - 9:30 a.m., Department of Health & Human Services, 19 Union Street, Room 110, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before May 30, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m., Thursday, June 16, 2016.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Anne Labonte Perreault, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Anne.Labonte-Perreault@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
AGENCY: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 6, Educational and Scientific Collection Permit Rules
PROPOSED RULE NUMBER: 2016-P055
BRIEF SUMMARY: In accordance with PL 2015 ch. 374, the Department of Inland Fisheries and Wildlife is proposing to amend language in Ch. 6 rules as it applies to scientific collection permits to include "educational permits".
These rules will apply to the use of native wild animals and native wild birds, including their parts, for educational or scientific purposes within the State of Maine. The Department is also proposing to remove language from the rule as it pertains to rehabilitation permits. This language will be relocated and updated in Ch. 7- "Rules for Importation, Possession, Propagation, Rehabilitation and Exhibition of Wildlife".
A complete copy of the proposed rule can be obtained from the rule-making contact person listed below.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: June 17, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. E-mail: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
AGENCY: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 7, Rules for Importation, Possession, Propagation, Rehabilitation, and Exhibition of Wildlife
PROPOSED RULE NUMBER: 2016-P056
BRIEF SUMMARY: In accordance with PL 2015 ch. 374, the Department of Inland Fisheries and Wildlife is proposing to repeal and replace the current Captive Wildlife rules.
The proposed rule will provide consistency for the captive wildlife permitting process as described in statute and will provide safeguards for Maine's citizens, protect the integrity of Maine's native species and will allow for inspections of an applicant's facilities during the application process. The proposal also clarifies which permit is necessary for each type of activity. The rule will provide categories for different wildlife species based on levels of risk, and describes the conditions that must be met in order to acquire a permit for each category of species. This rule proposes very limited species to be placed in each category. A technical committee will be reconvened and will focus on making recommendations for additional species to be placed in each category. Species/category recommendations will be provided to the Commissioner to consider during a separate rulemaking process anticipated during fall of 2016.
A complete copy of the proposed rule can be obtained from the rule-making contact person listed below.
PUBLIC HEARING: June 7, 2016 @ 6:00 p.m. - Augusta Civic Center, Cumberland Room, 76 Community Drive, Augusta, ME
COMMENT DEADLINE: June 17, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. E-mail: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards (BLS) - Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 2, Occupational Safety and Health Standards for General Industry Employment in the Public Sector
PROPOSED RULE NUMBER: 2016-P057
BRIEF SUMMARY: To update the rule to incorporate changes to the Federal Occupational Safety and Health Administration regulations, 29 CPR Part 1910, including changes to hazard classification, labeling, and record keeping; eye and face protection standards; and whistleblower protections.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: Friday, June 17, 2016 by 12:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOL RULE-MAKING LIAISON: Jeanne St. Pierre, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. E-mail: Jeanne.StPierre@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards (BLS) - Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 3, Occupational Safety and Health Standards for Construction Industry Employment in the Public Sector
PROPOSED RULE NUMBER: 2016-P058
BRIEF SUMMARY: To update the rule to incorporate changes to the Federal Occupational Safety and Health Administration regulations, 29 CPR Part 1926, including changes to standards for confined space and cranes and derricks.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: Friday, June 17, 2016 by 12:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOL RULE-MAKING LIAISON: Jeanne St. Pierre, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. E-mail: Jeanne.StPierre@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallop Regulations Restructuring
PROPOSED RULE NUMBER: 2016-P059
BRIEF SUMMARY: This proposed rule-making restructures the Scallop regulations, for greater clarity and ease of use by the public and industry members.
PUBLIC HEARING: None
COMMENT DEADLINE: June 17, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Hannah.Dean@Maine.gov . DMR Rule-making E-mail: DMR.rulemaking@maine.gov . DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations: Recreational Cod and Haddock - Federal Compliance and Technical Changes
PROPOSED RULE NUMBER: 2016-P060
BRIEF SUMMARY: In accordance with the New England Fisheries Management Council and for consistency with the National Marine Fisheries Service (NMFS) federal regulations effective May 1, 2016, the Department enacted emergency rulemaking on May 7, 2016 for charter, party and recreational fishing vessels operating in state waters regarding cod and haddock. This proposed rule will permanently instate those changes made via emergency rulemaking on May 7, 2016, and would also make additional changes. For the recreational fishery, the cod fishery has been taken off the prohibited list and it is now lawful to take or possess one cod per day in state waters. Cod may not be possessed on board a charter, party or recreational fishing vessel from October 1 to July 31 inclusive. For cod fish, a minimum size limit of 24" (60.1 cm) will apply. Recreational possession limits for haddock increase from 3 to 15 fish. Finally, seasonal restrictions on haddock are being shifted, so that haddock may not be possessed on board a recreational fishing from March 1 through April 14, whereas recreational haddock possession had previously been restricted in both the fall and spring months. Additional proposed changes are largely structural in nature.
PUBLIC HEARING: not applicable
COMMENT DEADLINE: June 17, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Hannah.Dean@Maine.gov . DMR Rule-making E-mail: DMR.rulemaking@maine.gov . DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 29-250 - Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 8, Rules for Ignition Interlock Devices
PROPOSED RULE NUMBER: 2016-P061
BRIEF SUMMARY: Ignition interlock devices are used as a means of allowing a person convicted of operating under the influence of alcohol to obtain driving privileges by agreeing to install a device. In order for the car to start, a person is required to provide a breath sample to determine if alcohol has been consumed. It also requires random rolling retests in which a person must provide a breath sample within a certain timeframe of being alerted. If a sample is not provided in a timely manner, the horn will sound repeatedly until the vehicle is turned off. The vehicle will not start again until an acceptable breath sample is provided.
PUBLIC HEARING: June 9, 2016, 9:00 - 10:00 a.m., Bureau of Motor Vehicles - Executive Conference Room, 101 Hospital Street, Augusta, ME 04333
COMMENT DEADLINE: June 19, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Linda Grant, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9051. Fax (207) 624-9295. TTY Use Maine relay 711. E-mail: Linda.Grant@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
ADOPTIONS
Pursuant to Ch. 380 of the Public Laws of 2011, notice of the adoption of rules will no longer be published in the newspaper rule-making notices; our Wednesday web notices will continue to carry them, however. Information on rules adopted through the Maine Administrative Procedure Act as well as the full text of adopted rules is available on the internet at http://www.maine.gov/sos/cec/rules .
Published May 18, 2016
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