RULEMAKING

NOTICE OF STATE RULEMAKING 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: https://www.maine.gov/sos/cec/rules. There is also a list of rulemaking liaisons (https://www.maine.gov/sos/cec/rules/liaisons.html), who are single points of contact for each agency. PROPOSALS AGENCY: 65-407 - Maine Public Utilities Commission (MPUC) CHAPTER NUMBER AND TITLE: Ch. 620, Service Standards for Water Utilities (formerly Ch. 62) TYPE OF RULE: Routine Technical PROPOSED RULE NUMBER: 2022-P092 BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking to amend Ch. 62 - Service Standards for Water Utilities, of the Commission's rules. The proposed amendments are intended to add provisions for Maine's water utilities to more effectively respond to water supply emergencies, better reflect modern metering technology and make changes to sections which cover service lines, seasonal service, service interruptions, low pressure areas, and conditions of service. In addition, the Commission is updating and modernizing the Rule, including changing the designation of the rule from Ch. 62 to Ch. 620 to conform with the Commission's current rule organization conventions and proposing other non-substantive editorial amendments. PUBLIC HEARING: July 14, 2022 - 11:00 a.m., Public Utilities Commission, 26 Katherine Drive, Hallowell, Maine 04347. Interested persons wishing to participate in the hearing remotely may file a letter requesting remote participation in Docket No. 2021-00334 stating the reasons why remote participation is required. COMMENT DEADLINE: July 28, 2022. Interested persons may file initial written comments on the proposed amendments to the Rule using the Commission's Case Management System (CMS) on or before Friday, July 1, 2022. Interested persons may file final written comments on the proposed Rule in CMS no later than Thursday, July 28, 2022. Commenters should refer to Docket No. 2021-00334 when submitting comments. All comments will appear in CMS. MPUC CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Jordan McColman, Maine Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3831. Email: Jordan.D.McColman@Maine.gov. FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact AGENCY: 14-197 - Department of Health and Human Services (DHHS), Office of Aging and Disability Services (OADS) CHAPTER NUMBER AND TITLE: Ch. 1, Rights and Basic Protections of Persons with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury TYPE OF RULE: Routine Technical PROPOSED RULE NUMBER: 2022-P093 BRIEF SUMMARY: This proposed new rule sets forth the rights and basic protection of persons with an intellectual disability, Autism Spectrum Disorder or acquired brain injury in accordance with 22 MRS §3089 and 34-B MRS §5605. PL 2021 Ch. 284 extended certain rights and basic protections set forth in 34-B MRS §5605 to persons with an acquired brain injury; directed the Commissioner to convene a task force to make recommendations on rules and procedures regarding the rights and basic protections of persons with acquired brain injuries; and directed the Department to consider the task force's recommendations and to adopt rules regarding the rights and basic protections of individuals with an acquired brain injury. Because the Department had not previously undertaken rulemaking regarding the rights and basic protections of persons with an intellectual disability or Autism Spectrum Disorder, the proposed rule also states the statutory rights and basic protections of these persons. Most of these rights and basic protections apply to all persons with an intellectual disability, Autism Spectrum Disorder, or acquired brain injury - not just those who receive services from a provider that is funded or licensed by the Department. This distinction is reflected in the rule. The proposed rule also describes the procedures for notifying persons receiving services of their rights and basic protections, and states the remedies available for alleged violations of rights and basic protections. PUBLIC HEARING: Friday, July 15, 2022, at 10 a.m. This hearing will be held virtually via Zoom. Anyone wishing to attend should email Hilary Gove at Hilary.Gove@Maine.gov to register. A Zoom link will be sent following registration. The Department requests that any interested party requiring accommodations to attend the hearing contact Hilary Gove at Hilary.Gove@Maine.gov prior to Friday, July 8, 2022. COMMENT DEADLINE: Monday, July 25, 2022, by 11:59 p.m. Written comments may be submitted by mail, email, or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include the name of the commenter and the organization represented, if any. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / OADS RULEMAKING LIAISON: Hilary Gove, Policy Writer, Maine Department of Health and Human Services, Office of Aging and Disability Services, 41 Anthony Avenue - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 446-8305. Fax: (207) 287-9915. TTY: 711 (Deaf or Hard of Hearing). Email: Hilary.Gove@Maine.gov. FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rulemaking will have any impact on municipalities or counties. AGENCY: 14-197 - Department of Health and Human Services (DHHS), Office of Aging and Disability Services (OADS) CHAPTER NUMBER AND TITLE: Office of Aging and Disability Services Policy Manual, Ch. 8, Grievance Process for Persons with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury TYPE OF RULE (check one): Routine Technical PROPOSED RULE NUMBER: 2022-P094 BRIEF SUMMARY: This rule establishes the procedures by which a recipient of services with an intellectual disability, autism spectrum disorder, or an acquired brain injury may grieve and seek resolution of complaints regarding the actions or inactions of the Department or providers. The Department is proposing to update and clarify requirements for its grievance procedure rule. Specifically, this rule provides individuals with an acquired brain injury the right to submit a grievance in conformance with PL 2021 Ch. 284, An Act to Improve the Rights and Basic Protections of Persons with Acquired Brain Injuries, §§ A-2, A-8. This rule revises the definition of grievance and provides new deadlines for the resolution of grievances and includes a six-month savings clause for grievances that accrued prior to the effective date of the proposed rule. Further, the Department is proposing to clarify the grievance procedure for a person receiving services if an individual has a grievance against his or her case manager. This rule also clarifies the role of Maine's Protection and Advocacy Agency and affords the Commissioner discretion whether to issue an Order of Reference when an administrative hearing is requested, and thus reserve the final decision for herself. PUBLIC HEARING: Thursday, July 14, 2022, at 10 a.m. This hearing will be held virtually via Zoom. Anyone wishing to attend should email Hilary Gove at Hilary.Gove@Maine.gov to register. A Zoom link will be sent following registration. The Department requests that any interested party requiring accommodations to attend the hearing contact Hilary Gove at Hilary.Gove@Maine.gov prior to Thursday, July 7, 2022. COMMENT DEADLINE: Monday, July 25, 2022, by 11:59 p.m. Written comments may be submitted by mail, email, or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include the name of the commenter and the organization represented, if any. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / OADS RULEMAKING LIAISON: Hilary Gove, Policy Writer, Maine Department of Health and Human Services, Office of Aging and Disability Services, 41 Anthony Avenue - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 446-8305. Fax: (207) 287-9229. TTY: 711 (Deaf or Hard of Hearing). Email: Hilary.Gove@Maine.gov. FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None AGENCY: 02-041 - Department of Professional and Financial Regulation (PFR), , Office of Professional and Occupational Regulation (OPOR), American Sign Language Interpreters TYPE OF RULE: Routine Technical CHAPTER NUMBERS AND TITLES: Ch. 50, Definitions Ch. 51, Requirements for Initial Licensure and Licensure by Endorsement Ch. 52, License Renewal, Inactive Licensure Status and Continuing Education Ch. 54, Disclosure Statement (repeal and replace with Code of Ethics and Ethical Standards) Ch. 55, Complaints and Investigations (repeal) PROPOSED RULE NUMBERS: 2022-P095 thru P099 BRIEF SUMMARY: This is a comprehensive rulemaking effort to repeal and replace existing chapters to align with various statutory changes, streamline the licensure provisions, remove duplicative and/or obsolete terms, identify licensure by endorsement requirements, clarify the continuing education and renewal requirements, outline the requirements for inactive licensure status, and identify standards of professional and ethical conduct. PUBLIC HEARING: N/A COMMENT DEADLINE: July 31, 2022 at 5:00 p.m. CONTACT PERSON FOR THIS FILING / PFR RULEMAKING LIAISON: Anne L. Head, Director, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8500. Fax: (207) 624-8140. TTY 711. Email: Anne.L.Head@Maine.gov. CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: N/A FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A AGENCY: 65-407 - Maine Public Utilities Commission (MPUC) CHAPTER NUMBER AND TITLE: Ch. 420: Safety Standards for Natural Gas and Liquefied Natural Gas Facility Operators TYPE OF RULE: Routine Technical PROPOSED RULE NUMBER: 2022-P100 BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking to amend Ch. 420, Safety Standards for Natural Gas and Liquefied Natural Gas Facility Operators. The proposed amendments are intended to update and modernize the Commission's gas safety rules. PUBLIC HEARING: July 12, 2022, 1:30 p.m., Public Utilities Commission, 26 Katherine Drive, Hallowell, Maine. Interested persons wishing to participate in the hearing remotely may file a letter requesting remote participation in Docket No. 2022-00155 stating the reasons why remote participation is required. COMMENT DEADLINE: July 22, 2022. Interested persons may file initial comments on the proposed amendments to the rule using the Commission's Case Management System (CMS), in Docket No. 2022-00155, on or before Tuesday, July 5, 2022. Interested persons may file final written comments on the proposed Rule in CMS no later than Friday, July 22, 2022. Commenters should refer to Docket No. 2022-00155 when submitting comments. All comments will appear in CMS. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jordan McColman, Maine 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: 16-163 - Department of Public Safety (DPS), Maine Emergency Medical Services (Maine EMS) CHAPTER NUMBER AND TITLE: Multiple: * Ch. 2 - Definitions * Ch. 5 - Personnel Licenses * Ch. 5B - Emergency Medical Services Ambulance Operator Licenses * Ch. 17 - Minimum Required Equipment Lists for Maine EMS Services and Regional EMS Radio Frequencies * Ch. 22 - Emergency Medical Services Data * Ch. 23 - Registry of Automated External Defibrillators TYPE OF RULE: Routine Technical PROPOSED RULE NUMBERS: 2022-P101 thru P106 BRIEF SUMMARY: * Ch. 2 - Definitions is updated to reflect the addition of the definition of an Emergency Medical Services Ambulance Operator * Ch. 5 - Personnel Licenses is updated to aid in the transition to the National Continued Competency Program Hour Requirements for EMS clinicians and to allow Maine EMS to accept continuing education hours for the duration of an issued license period. * Ch. 5B - Emergency Medical Services Ambulance Operator Licenses, is a new chapter that will allow Maine EMS to issue EMS licenses to individuals who operate an Ambulance in emergency response mode or when transporting a patient. * Ch. 17 - Minimum Required Equipment Lists for Maine EMS Services and Regional EMS Radio Frequencies, has several updates to account for recent changes to Maine EMS protocols and to make the required equipment list current. * Ch. 22 - Emergency Medical Services Data, will allow Maine EMS to receive data into our reporting system from Health Info Net, the State of Maine's health Information Exchange, regarding patient outcomes. Additionally, Ch. 22 requires direct entry of patient care reports into the State of Maine provided run reporting system. * Ch. 23 - Registry of Automated External Defibrillators, allows Maine EMS to implement a registry of publicly accessible automated external defibrillators that are located within the State for the purpose of assisting a person or a law enforcement officer, firefighter or emergency medical services person who calls for assistance in an emergency situation. PUBLIC HEARING: No public hearings are scheduled. Comments on the proposed rules may be submitted to the Maine EMS no later than 11:59 p.m., July 22, 2022. Interested parties may submit comments to Maine EMS in the following manners: * Navigating to https://www.maine.gov/ems/ and filling out our "Maine EMS Rules Public Comment Submission" form (Preferred) * By email to: rulemaking.maineems@maine.gov * In writing o Send comments to Maine Emergency Medical Services Attn.: Rulemaking, 152 State House Station, Augusta, ME 0433-0152 COMMENT DEADLINE: Friday July 22, 2022 at 11:59 p.m. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MAINE EMS RULEMAKING LIAISON: Jason A. Oko, Maine Emergency Medical Services, 152 State House Station, Augusta, ME 04333. Telephone: (207) 626-3863. Fax: (207) 287-6251. Email: Jason.A.Oko@Maine.gov. FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS) CHAPTER NUMBER AND TITLE: Ch. 414, Required Minimum Distributions TYPE OF RULE: Routine Technical PROPOSED RULE NUMBER: 2022-P107 BRIEF SUMMARY: This rule establishes the date when a member must begin to receive a service retirement benefit or withdraw accumulated contributions under a retirement program pursuant to Internal Revenue Code Section 401(a)(9), and any Code requirements on the form of distribution. The proposed amendments to the rule establish the form and timing of the payment of a required minimum distribution to a beneficiary of a deceased vested member who does not otherwise execute a benefit selection form in a timely manner. PUBLIC HEARING: July 14, 2022 - 11:45 a.m., Maine Public Employees Retirement System, 139 Capitol Street, Augusta, Maine COMMENT DEADLINE: July 25, 2022 EMAIL FOR PUBLIC TO SUBMIT COMMENTS: rulemaking@mainepers.org. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MAINEPERS RULEMAKING LIAISON: Kathy J. Morin, Director, Actuarial and Legislative Affairs, Maine Public Employees Retirement System, P.O. Box 349, Augusta, ME 04332-0349. Telephone: 1 (800) 451-9800 or (207) 512-3190. Email: Kathy.Morin@MainePERS.org. FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None AGENCY: 18-691 -Department of Administrative and Financial Services (DAFS), Office of Cannabis Policy (OCP) CHAPTER NUMBER AND TITLE: Ch. 1, Adult Use Marijuana Program Rule TYPE OF RULE: Routine Technical PROPOSED RULE NUMBER: 2022-P108 BRIEF SUMMARY: This rulemaking implements statutory changes made to the Marijuana Legalization Act, 28-B MRS Ch. 1, specifically PL 2021 Ch. 558, 612, and 667, including changes to the requirements for mandatory testing, the potency of edible cannabis products, and delivery and curbside pickup at cannabis stores. PUBLIC HEARING: July 13, 2022; 10:00 a.m. EDT, Office of Cannabis Policy, 19 Union Street - 3rd Floor Room 325, Augusta, Maine. COMMENT DEADLINE: Monday, July 25, 2022 at 11:59 p.m. EDT. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT: Gabi Pierce; Office of Cannabis Policy, 162 State House Station, Augusta, ME 04333. Telephone: (207) 530-0507. Fax: (207) 287-2671. Email: Gabi.Pierce@Maine.gov. FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None AGENCY: 18-691 -Department of Administrative and Financial Services (DAFS), Office of Cannabis Policy (OCP) CHAPTER NUMBER AND TITLE: Ch. 5, Rules for the Certification of Cannabis Testing Facilities TYPE OF RULE: Routine Technical PROPOSED RULE NUMBER: 2022-P109 BRIEF SUMMARY: This rulemaking implements statutory changes made to the Marijuana Legalization Act, 28-B MRS Ch. 5, specifically PL 2021 Ch. 558 and 612, specifically changes to the requirements for mandatory testing, including the introduction of an allowable variance in the potency of adult use edible cannabis products. PUBLIC HEARING: July 13, 2022 - 10:00 a.m. EDT, Office of Cannabis Policy, 19 Union Street - 3rd Floor Room 325, Augusta, Maine COMMENT DEADLINE: Monday, July 25, 2022 at 11:59 p.m. EDT. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT: Gabi Pierce; Office of Cannabis Policy, 162 State House Station, Augusta, ME 04333. Telephone: (207) 530-0507. Fax: (207) 287-2671. Email: Gabi.Pierce@Maine.gov. FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None AGENCY: 02-331 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Maine State Board of Funeral Service CHAPTER NUMBER AND TITLE: Ch. 12 (repeal and replace), Transportation of Human Remains TYPE OF RULE: Major Substantive PROPOSED RULE NUMBER: 2022-P110 BRIEF SUMMARY: The proposed rule was developed as a result of LD 1214 (enacted by the 130th Legislature and signed into law as PL 2021 c. 268) which directed the Board of Funeral Service to collaborate with stakeholders to develop a rule governing the safety of drivers and passengers of vehicles owned, leased or otherwise used by a practitioner of funeral service or a funeral establishment for the transport of human remains. A stakeholder group met on several occasions, and consisted of individuals with various areas of expertise including a practitioner of funeral service, a representative of the Department of Transportation with expertise in cargo transportation, a representative of the State Police, and a representative of the insurance industry. The stakeholder group issued a report that was used to develop a draft rule that was presented to the Board for its consideration. The proposed rule is the result of both the stakeholder process and the Board's input. Copies of the proposed rule and rulemaking documents may be found on the Board's webpage: https://www.maine.gov/pfr/professionallicensing/professions/board-funeral-services. Scroll down to "What's New" and "Rulemaking." PUBLIC HEARING: July 12, 2022 at 9:00 a.m. The hearing will be held at the Office of Professional and Occupational Regulation, 76 Northern Avenue, Gardiner, ME 04345, unless held entirely virtually in accordance with 1 MRS §403-B and the Board's Remote Participation Policy. Regardless of whether there will be a physical location for the hearing, remote access will be provided via a Zoom link posted to the Board webpage in advance of the hearing. COMMENT DEADLINE: July 29, 2022, 5:00 p.m. CONTACT PERSON FOR THIS FILING / SUBMISSION OF COMMENTS: Candice Wright, Consumer Assistance and Hearing Coordinator, 35 State House Station, Augusta, ME 04333-0035. Telephone: (207) 624-8601. TTY: Maine relay 711. Email: Candice.B.Wright@Maine.gov. CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: N/A FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A 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 .