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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). 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: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Subdistricts and Standards
PROPOSED RULE NUMBER: 2018-P277
BRIEF SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Ch. 10, Land Use Districts and Standards, related to the Commission's policy for locating new development - called the adjacency principle. Today, single family homes can locate in most places in the Commission's service area, but most subdivisions and commercial development need a rezoning. To get a rezoning, these subdivisions and commercial developments generally must be located within one mile by road of existing compatible development. The proposed changes would replace the one mile rule-of-thumb with a new system for locating most new development near existing communities and public roads to make the delivery of public services more cost-effective and reduce fragmentation of undeveloped areas. In addition, the proposal would allow commercial and residential development that is dependent on, or centered around, natural or recreational resources to locate near these resources in certain circumstances. Also included in the proposed amendment are revisions to the Commission's subdivision layout and design standards. The proposed changes are intended to improve the subdivision layout and design standards for the area served by the Commission, incorporating more flexibility and allowing more design options, while improving protections for important natural and cultural resources.
PUBLIC HEARING: January 8, 2019 at 12 p.m., Jeff's Catering, 15 Littlefield Way, Brewer, Maine. Snow cancellation date: January 10, 2019, 12 p.m. at Jeff's Catering
COMMENT DEADLINE: Written comments must be submitted on or prior to January 22, 2019;.Written rebuttal comments must be submitted on or prior to January 29, 2019.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Ben Godsoe; 22 State House Station, Augusta, Maine, 04333. Telephone: (207) 287-2619. Email: Benjamin.Godsoe@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES:
AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 8 (New), Rules Relating to the Use of Essential Programs and Services Funds for Extended Learning Programs for Economically Disadvantaged Students
PROPOSED RULE NUMBER: 2018-P278
BRIEF SUMMARY: This rule outlines the ways in which the extended learning program economically disadvantaged student allocations can be utilized. The purpose of the funding is to increase achievement among economically disadvantaged students through extended learning program funding. The rule provides possible uses to utilize the allocation and a process to add additional uses of the extended learning program allocations.
PUBLIC HEARING: none
COMMENT DEADLINE: January 18, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tyler Backus, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6635. Email: Tyler.Backus@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES:
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Licensing and Certification (DLC)
CHAPTER NUMBER AND TITLE: Ch. 128, Certified Nursing Assistant and Direct Care Worker Registry Rule
PROPOSED RULE NUMBER: 2018-P279
BRIEF SUMMARY: This rule governs the use and operation of the Certified Nursing Assistant and Direct Care Worker Registry. The Registry provides a resource for employers to verify that an individual is eligible for employment as a Certified Nursing Assistant, and also identifies individuals who are ineligible for employment as a Direct Care Worker due to criminal convictions or substantiated complaints of abuse, neglect or misappropriation of property.
This rulemaking repeals and replaces the current rule, Rules Governing the Maine Registry of Certified Nursing Assistants, due to the statutory requirements of 22 MRS §1812-G.
PUBLIC HEARING: January 9, 2019, 10 a.m. -12 p.m., Main Conference Room, 41 Anthony Avenue, Augusta, ME.
COMMENT DEADLINE: January 19, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jonathan Leach, 41 Anthony Avenue - 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5825, Email: Jonathan.H.Leach@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 220, Radiation Protection Rule
PROPOSED RULE NUMBER: 2018-P280
BRIEF SUMMARY: This rule applies to all persons who receive, possess, use, transfer, own or acquire any source of radiation in order to protect the health, safety and welfare of the people of Maine. This rule is designed to institute and maintain a regulatory program for sources of ionizing radiation, and to provide for compatibility and equivalency with the standards and regulatory programs of the federal government, an integrated effective system of regulation within the State, and a system consonant insofar as possible with those of other states. These changes to this rule correct errors/omissions and clarify current requirements of this rule. The corrections to this rule were received from the Nuclear Regulatory Commission as comments that are necessary to maintain compatibility of this rule with the federal regulations. The changes proposed clarify references and omissions in the earlier adopted rule.
PUBLIC HEARING: Tuesday, January 8, 2019 - 9:00 a.m., 286 Water Street, Augusta ME 04333
COMMENT DEADLINE: January 18, 2019. Any person who requires special accommodations to participate in the public hearing is asked to notify the person named below as the contact for this filing within 7 days of the date of the scheduled hearing.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Andrew Hardy, DHHS, 286 Water Street - 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-4490. Fax: (207) 287-2887. TTY: Call 711 (Maine Relay). Email: Andrew.Hardy@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES:
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 8, Landings Program
PROPOSED RULE NUMBER: 2018-P281
BRIEF SUMMARY: This rule would update reporting requirements for halibut, shrimp, and scallop harvesters to remove outdated references to Loran stations and bearings as options for reporting harvesting locations. It would require halibut harvesters to report landings numbers rather than license numbers, and would add a new component to the halibut harvester reporting requirements to include total number of hooks fished.
PUBLIC HEARING: 1:00 p.m. - January 9, 2019, DMR Laboratory, West Boothbay Harbor, ME. (Snow date 1:00 p.m. January 10, 2019, DMR Laboratory, West Boothbay Harbor, ME). Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: January 21, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (2070 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations: 34.07, Atlantic Halibut Size Limit
PROPOSED RULE NUMBER: 2018-P282
BRIEF SUMMARY: The Department proposes to allow charter and party boat operators to fillet Atlantic halibut at sea. Possession for Atlantic halibut is limited to one fish per boat. The current rule does not allow fisherman or charter/party boat captains to fillet Atlantic halibut at sea. This rule is in place to ensure the fish can be measured and is greater than the minimum size limit of 41 inches total length or 32 inches from the pectoral fin if the head is removed. This proposed change would allow charter/party boat captains the ability to fillet Atlantic halibut at sea if the halibut carcass (rack) remains in their possession until all customers have landed on shore. This change will allow a single Atlantic halibut to be shared with several fishing customers instead of one customer retaining the entire fish. Marine patrol officers would still be able to measure Atlantic halibut carcasses (racks) to ensure fish of legal sizes were possessed.
PUBLIC HEARING: 3:00 p.m. - January 9, 2019, DMR Laboratory, West Boothbay Harbor, ME. (Snow date 3:00 p.m. January 10, 2019, DMR Laboratory, West Boothbay Harbor, ME). Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: January 21, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (2070 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 42, Striped Bass (Method of Taking)
PROPOSED RULE NUMBER: 2018-P283
BRIEF SUMMARY: This rule would remove the circle hook requirement for Atlantic striped bass. Due to their migratory behavior, the Atlantic States Marine Fisheries Commission (ASMFC) governs interstate management for Atlantic striped bass. Consistent regulations across jurisdictions are recommended within the ASMFC Striped Bass Management Plan and a circle hook restriction is recommended within Amendment 6 of the Plan to reduce the mortality associated with hooking and releasing striped bass. Maine implemented a circle hook restriction in 2013 with the assumption that it be similarly implemented by the other Atlantic states. Other jurisdictions have not enacted this requirement and do not plan to implement a circle hook restriction. A circle hook restriction limited to Maine waters exclusively is not an effective management measure for a migratory fish species spanning from Maine to North Carolina along the Atlantic coast.
PUBLIC HEARING: 2:00 p.m. - January 9, 2019, DMR Laboratory, West Boothbay Harbor, ME. (Snow date 2:00 p.m. January 10, 2019, DMR Laboratory, West Boothbay Harbor, ME). Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: January 21, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (2070 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 43, Bluefish Rules (Method of Taking)
PROPOSED RULE NUMBER: 2018-P284
BRIEF SUMMARY: This rule would remove the circle hook requirement for bluefish. In a concurrent proposed rulemaking, the Department is proposing to remove the circle hook requirement for striped bass. The requirement to use circle hooks for bluefish was implemented in 2013 in order to make it possible to enforce the circle hook requirement for striped bass. Because the requirement is being proposed for elimination for striped bass, the Department is proposing to also eliminate the requirement for bluefish.
PUBLIC HEARING: 2:30 p.m. - January 9, 2019, DMR Laboratory, West Boothbay Harbor, ME. (Snow date 2:30 p.m. January 10, 2019, DMR Laboratory, West Boothbay Harbor, ME). Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: January 21, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (2070 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 115, Vibrio parahaemolyticus Control Plan
PROPOSED RULE NUMBER: 2018-P285
BRIEF SUMMARY: This proposed rule incorporates the Sheepscot River, north of Route 1, into the existing Vibrio parahaemolyticus (Vp) control plan. The addition of the Sheepscot River is intended to reduce the likelihood that American and European oysters (Crassostrea virginica and Ostrea edulis) and hard clams (Mercenaria mercenaria) harvested from the Sheepscot River will cause Vp infections in consumers. In 2018, DMR received an illness report of a laboratory confirmed case of Vp that implicated oysters from the Sheepscot River as the sole source. The Maine Department of Marine Resources recognizes that the portion of the Sheepscot River north of Route 1 has the environmental characteristics (primarily water and air temperature and salinity) that potentially pose a threat to public health with regard to Vp infections. Research indicates that the most reliable way to minimize potential Vp illnesses is to utilize time and temperature controls.
PUBLIC HEARING: 1:30 p.m. - January 9, 2019, DMR Laboratory, West Boothbay Harbor, ME. (Snow date 1:30 p.m. January 10, 2019, DMR Laboratory, West Boothbay Harbor, ME). Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: January 21, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (2070 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@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 .
Published Dec. 19, 2018
