Public Input for 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 §11112). WorldWide 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: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2019-P077
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing a change to the General Law for fishing regulations in the North Region (Franklin, Somerset, Piscataquis, Aroostook, and northern portions of Oxford and Penobscot Counties) to further protect wild trout waters, including tributaries and outlets of heritage ponds in the North Region. This proposed rule is an amended version of a previous proposal advertised on February 27, 2019. Based on public comment received during the previous comment period, the rule is being re-advertised with a refined list of exceptions. The current proposal will prohibit use and possession of live fish as bait, except where designated by special rule, reducing the chance of new introductions of baitfish and other fish in the vast majority of flowing waters, dead-waters and small ponds in the North Region. The majority of waters with traditional use of live fish as bait will continue to allow such use under this proposal by addition of a special code. A new section in General Law titled "Terminal Gear" is also being proposed. The list of affected waters and amended General Law may be obtained from the Agency Contact Person below or online at: http://www.maine.gov/ifw . If adopted, the proposal will become effective January 1, 2020. Members of the public are encouraged to review the proposal and provide comments by either attending the public hearing or submitting written comments by mail or email to the contact person for this filing. Written comments received are considered equally to testimony given at the public hearing.
PUBLIC HEARING: June 17, 2019 @ 4:00 p.m., Maine Department of Inland Fisheries and Wildlife, 284 State Street, Augusta, ME
COMMENT DEADLINE: June 27, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING 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. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
AGENCY: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting: 16.07, Deer Hunting (4.A.)(6.)
PROPOSED RULE NUMBER: 2019-P078
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife is proposing to adopt antlerless deer permit (ADP) numbers for the 2019 regular deer hunting season and special muzzle-loading season by setting specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:
WMD - # of Permits
WMD 1 - 0 permits
WMD 2 - 25 permits
WMD 3 - 25 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 100 permits
WMD 7 - 0 permits
WMD 8 - 25 permits
WMD 9 - 25 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 - 0 permits
WMD 13 - 0 permits
WMD 14 - 25 permits
WMD 15 - 3,150 permits
WMD 16 - 6,100 permits
WMD 17 - 8,200 permits
WMD 18 - 125 permits
WMD 19 - 0 permits
WMD 20 - 6,000 permits
WMD 21 - 8,250 permits
WMD 22 - 9,700 permits
WMD 23 - 9,750 permits
WMD 24 - 6,400 permits
WMD 25 - 7,900 permits
Subunit 25a - 270 bonus permits
WMD 26 - 325 permits
Subunit 26a - 200 bonus permits
WMD 27 - 25 permits
WMD 28 - 25 permits
WMD 29 - 1,500 permits
TOTAL PERMITS: 68,145
In addition to annual ADP recommendations, the Department is also recommending issuance of bonus antlerless deer permits in two subunits, Subunit 25a and 26a. These additional permits will allow for additional opportunity to harvest deer in areas experiencing elevated levels of Lyme disease, deer-vehicle collisions and public complaints about deer. A complete copy of the proposal may be requested by contacting the Agency Contact Person listed below.
PUBLIC HEARING: Thursday, June 20, 2019 @ 5:30 p.m., Augusta Armory, Room 209, 179 Western Avenue, Augusta, ME
COMMENT DEADLINE: July 1, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING 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. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
AGENCY: 65-407 - Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 880, Attachments to Joint-Use Utility Poles; Determination and Allocation of Costs; Procedure
PROPOSED RULE NUMBER: 2019-P079
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking to amend Ch. 880 of the Commission's Rules regarding attachments to joint use utility poles. The Commission proposes to substantively amend the portions of Ch. 880 that concern rate formulae and allocation of costs. The Commission also proposes certain amendments to other portions of Ch. 880 for purposes of clarifying previous changes to the rule.
Date, time and location of PUBLIC HEARING: June 19, 2019 - 1:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347
COMMENT DEADLINE: July 12, 2019. Interested persons may file final written comments on the proposed Rule in the Commission's Case Management System no later than Friday, July 12, 2019. Commenters should refer to Docket Number 2019-00028 when submitting comments. All comments will appear in the Case Management System, which is accessible from the Commission's web site.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jody McColman, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1365. Email: Jordan.D.McColman@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact
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 (MBM): Ch. II & III Section 45, Hospital Services
PROPOSED RULE NUMBER: 2019-P080
CONCISE SUMMARY: This rule is proposed to comply with PL 2017 ch. 454, An Act to Require Reimbursement to Hospitals for Patients Awaiting Placement in Nursing Facilities. Effective January 1, 2019, the Act requires the Department to reimburse acute care non-critical access hospitals for each day after the 10th day that a MaineCare eligible individual is in the care of the hospital while awaiting placement in a nursing facility. The Department will reimburse at the statewide average rate per MaineCare member day for nursing facility services. The statewide average rate will be computed based on the simple average nursing facility rate per MaineCare member day for the applicable state fiscal year or years prorated for the hospital's fiscal year. Reimbursement for days awaiting placement pursuant to this section is limited to a maximum of $500,000 of combined state General Fund funds and federal funds for each year. The Act further requires this section be repealed on December 31, 2023.
Additionally, this rulemaking clarifies modifier usage by Outpatient Provider-Based Departments (PBDs) when submitting MaineCare claims by informing providers that the CMS created HCPCS "PO" modifier for hospital outpatient claims is not required on MaineCare claims to identify excepted items and services furnished in an excepted off-campus provider-based department of a hospital.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
DATE AND PLACE OF PUBLIC HEARING: June 17, 2019 at 9:00 a.m., State Office Building - Maine A Conference Room, 109 Capitol Street, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before June 7, 2019.
COMMENT DEADLINE: Comments must be received by 11:59 p.m. on June 27, 2019.
OMS CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Anne E. Labonte, Comprehensive Health Planner II, Office of MaineCare Services, 11 State House Station - 242 State Street, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TDD/TTY 711. Email: Anne.Labonte@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
AGENCY: 16-633 - Department of Public Safety (DPS), Gambling Control Board
CHAPTER NUMBERS AND TITLES OF THE RULES:
Ch. 2, Licenses and Applications
Ch. 4, License Records
Ch. 5, Internal Controls (including Appendix A, Minimum Internal Controls)
PROPOSED RULE NUMBERS: 2019-P081, P082, P083
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.
PUBLIC HEARING: none (written comments only)
DEADLINE FOR COMMENTS: June 28, 2019
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Milton Champion, Executive Director, Gambling Control Unit, 45 Commerce Drive - Suite 3, Augusta ME 04333-0087. Telephone: (207) 626-3901. Email: Milton.F.Champion@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
AGENCY: 65-407 - Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 32 (Repeal), Electric Utilities Service Standards
PROPOSED RULE NUMBER: 2019-P084
BRIEF SUMMARY: The Public Utilities Commission proposes to repeal Ch. 32 and adopt a new rule (Ch. 320) in compliance with legislative directive. Ch. 320 was recently approved by the Legislature and is in the process of being finally approved by the Commission.
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: June 28, 2019. Written comments on the proposal to repeal Ch. 32 may be filed until Friday, June 28, 2019. Written comments should refer to the docket number of this proceeding, Docket No. 2018-00270 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
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations
PROPOSED RULE NUMBER: 2019-P085
BRIEF SUMMARY: In order to be consistent with the National Marine Fisheries Service (NMFS) federal proposed rulemaking anticipated to be finalized shortly, the Department is proposing regulatory changes for charter, party and recreational fishing vessels operating in state waters regarding cod and haddock. For the recreational fishery, this proposal would allow harvesters 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 through April 14 inclusive, and May 1 through September 14 inclusive. For cod, a minimum size limit of 21" (53.3 cm) would be established. The rule would also implement increased recreational possession limits for haddock from 12 to 15 fish. Finally, seasonal restrictions on recreational haddock possession are being reduced, so that haddock may not be possessed on board a recreational fishing only from March 1 through April 14. In addition to complying with federal law, this regulation will increase fishing opportunity in Maine State waters.
PUBLIC HEARING: None
COMMENT DEADLINE: June 28, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing).
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Maine Revenue Services (MRS)
CHAPTER NUMBER AND TITLE: Ch. 302, Sales to Governmental Agencies and Exempt Organizations
PROPOSED RULE NUMBER: 2019-P086
BRIEF SUMMARY: Rule 302 establishes administrative rules regarding tax-exempt sales and explains the circumstances under which a retailer or service provider will be relieved of its burden of proving that sales to an entity described in Title 36, sections 1760 or 2557, including an agency or instrumentality of the federal government or of the State of Maine, are exempt from Maine sales, use, or service provider tax.
MRS is proposing to amend Rule 302 to include references to the service provider tax, and to update the references to the GSA SmartPay program.
PUBLIC HEARING: none
COMMENT DEADLINE: July 14, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Alex Weber, General Counsel, Maine Revenue Services, P.O. Box 1060, Augusta, ME 04332-1060. Telephone: (207) 624-9712. Fax: (207) 287-3618. Email: Alexander.J.Weber@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Maine Revenue Services (MRS)
CHAPTER NUMBER AND TITLE: Ch. 304, Sales and Use Tax Returns and Payments
PROPOSED RULE NUMBER: 2019-P087
BRIEF SUMMARY: Rule 304 establishes requirements for the filing of sales and use tax returns and the payment of taxes due pursuant to Title 36 ch. 219.
Rule 304 is being amended to reflect that the supplemental report that MRS formerly required retailers of vehicles, watercraft, and manufactured housing to file are no longer required; instead, the completed supplemental report must be maintained in the records of the retailer and made available for inspection by the assessor.
PUBLIC HEARING: none
COMMENT DEADLINE: July 14, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Alex Weber, General Counsel, Maine Revenue Services, P.O. Box 1060, Augusta, ME 04332-1060. Telephone: (207) 624-9712. Fax: (207) 287-3618. Email: Alexander.J.Weber@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Maine Revenue Services (MRS)
CHAPTER NUMBER AND TITLE: Ch. 318, Instrumentalities of Interstate or Foreign Commerce
PROPOSED RULE NUMBER: 2019-P088
BRIEF SUMMARY: Maine Revenue Services is repealing and replacing Rule 318 because the controlling statutory provision, 36 MRS §1760(41), which provides an exemption from sales and use tax for certain instrumentalities of interstate or foreign commerce, was repealed (LD 1805, PL 2017 c. 375 part I) and replaced with 36 MRS §1760(41-A). Under 36 MRS §1760(41-A), the sales and use tax exemption is expanded by specifying that, in certain situations, property waiting to be loaded or unloaded is considered to be placed in use in interstate or foreign commerce. Also, 36 MRS §1760(41-A) provides that a trailer, semitrailer, or tow dolly being used by an entity other than the owner is eligible for the exemption if there is a written interchange agreement between the owner and the other entity and the transportation is interstate in nature. The expanded exemption is effective for purchases made on or after January 1, 2012.
PUBLIC HEARING: none
COMMENT DEADLINE: July 14, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Alex Weber, General Counsel, Maine Revenue Services, P.O. Box 1060, Augusta, ME 04332-1060. Telephone: (207) 624-9712. Fax: (207) 287-3618. Email: Alexander.J.Weber@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS §112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MRS WEBSITE: www.maine.gov/revenue .
DAFS RULEMAKING LIAISON: Anya.Trundy@Maine.gov .
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab (Fishing)
PROPOSED RULE NUMBER: 2019-P089
BRIEF SUMMARY: This proposed regulation defines the area in the Bay of Fundy referred to as the "gray zone" that encompasses approximately 210 square miles around Machias Seal Island where there are overlapping claims of sovereignty by the United States and Canada. In Resolves 2019 ch. 23, the Legislature directed the Commissioner of Marine Resources to adopt regulations to define this area to ensure the boundaries of this area are clearly delineated.
PUBLIC HEARING: None
COMMENT DEADLINE: June 28, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: 207-624-6500 (Deaf/Hard of Hearing)
DMR RULEMAKING EMAIL: dmr.rulemaking@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 rulemaking 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 .