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). 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: 01-015 - Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC) CHAPTER NUMBER AND TITLE: Ch. 26, Producer Margins PROPOSED RULE NUMBER: 2018-P089 BRIEF SUMMARY: The principal reason for this rule-making is to fulfill the Milk Commission's mandate a study and update the cost of producing milk in Maine every three years. The study has been completed and the findings now have to be accepted and put into effect. The Maine Dairy stabilization program also uses this study to adopt new target prices for the four ranges of production. PUBLIC HEARING: May 24, 2018, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine COMMENT DEADLINE: June 8, 2018 MMC CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Tim Drake, Maine Milk Commission - Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None AGENCY: 01-015 - Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC) CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #06-18 PROPOSED RULE NUMBER: 2018-P090 BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS §2954 PUBLIC HEARING: May 24, 2018, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine COMMENT DEADLINE: May 24, 2018 MMC CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Tim Drake, Maine Milk Commission - Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None 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 107, Psychiatric Residential Treatment Facilities (New) PROPOSED RULE NUMBER: 2018-P091 CONCISE SUMMARY: This rulemaking intends to create a new section of policy describing Psychiatric Residential Treatment Facilities (PRTF). The rule addresses the PRTFs' covered services, policy and procedures, standards, and reimbursement methodology. This service is intended to address a current gap in Maine's offering of behavioral health services to youth under the age of 21. The PRTF is being created to specifically address a high need to support Maine's most vulnerable youth, including: youth in out of state placement, youth stranded in psychiatric hospitalization with no safe discharge option, youth stranded in emergency rooms with no safe placement, and incarcerated youth in need of mental health treatment. PRTFs are federally regulated facilities by the Centers for Medicare and Medicaid Services (CMS) via 42 CFR 441 Subpart D and 42 CFR 483 Subpart G. See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents. PUBLIC HEARING: Monday, May 21, 2018 at 9:00 a.m., Augusta Civic Center - Piscataquis/Sagadahoc Rooms, 76 Community Drive, Augusta, Maine 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before May 14, 2018. DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on May 31, 2018. AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Dean Bugaj, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4045. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Dean.Bugai@Maine.gov . IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties. AGENCY: 10-144 - Department of Health & Human Services (DHHS), Maine CDC - Health Inspection Program CHAPTER NUMBER AND TITLE: Ch. 201, Administration and Enforcement of Establishments and Body Artists Licensed and Regulated by the Department PROPOSED RULE NUMBER: 2018-P092 BRIEF SUMMARY: The Department of Health and Human Services Maine CDC (The Department) is proposing a number of changes necessary to continue to effectively and efficiently operate the Health Inspection Program. The Department proposes to add new definitions, remove obsolete definitions, add body artist licensing and application requirements and enforcement protocols, further specify requirements for Certified Food Protection Managers, clarify the process for delegated municipalities performing inspection and licensing duties, remove menu labeling requirements, further explain licensing procedures and requirements, update descriptions of licensing violations, penalties and hold orders, clarify inspection frequencies and clarify appeal rights and procedures. PUBLIC HEARING: Tuesday, May 22, 2018 - 9:00 a.m., 286 Water Street, 1st Floor, Conference Room 12, Augusta ME 04333 COMMENT DEADLINE: June 1, 2018 CONTACT PERSON FOR THIS FILING: Andrew Hardy, 286 Water Street, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-4490. Email: Andrew.Hardy@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: This rule change poses no fiscal impact to counties or municipalities. AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC), Division of Licensing and Certification (DLC) CHAPTER NUMBER AND TITLE: Ch. 36 (New), Children's Residential Care Facilities Licensing Rule PROPOSED RULE NUMBER: 2018-P093 thru P097 BRIEF SUMMARY: The Department is proposing the repeal of four existing children's residential care licensing rules, and replacing those rules with one single rule: 10-144 Ch. 36, Children's Residential Care Facilities Licensing Rule, to provide a comprehensive, one-stop licensing rule for all children's residential care facilities in Maine. This proposed rule governs the licensing requirements for a children's residential treatment facility. The rules proposed for repeal and replacement include: 10-148, 14-193, 14-118, 14-193: Ch. 18, Rules for the Licensure of Residential Child Care Facilities; and 10-148 Ch. 18-A, Rules for the Licensure of Private-Non-Medical Institutions-Residential Child Care Facilities. This proposed rule introduces a new service: a children's residential care facility with secure capacity and psychiatric treatment (Level 2 Facility), which would allow residents to receive psychiatric and intensive mental health services in a secure facility that is not in a hospital. By expanding children's residential facilities to this service, it would address the problem of children being treated in a facility that does not match their level of need or being sent out of Maine for treatment. This proposed rule also updates and clarifies language to reflect current practice in application and licensing requirements, since some of the proposed rules for repeal were not updated for many years. The rule is structured to more clearly explain requirements for staff training, policies, reporting, maintaining records and caring for residents. PUBLIC HEARING: Monday, May 21, 2018 - 1:00 p.m., Augusta Civic Center, Piscataquis/Sagadahoc Room, 76 Community Drive, Augusta, Maine COMMENT DEADLINE: Thursday May 31, 2018. 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, 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. 25, Lobster and Crab: 25.04, Lobster Trawl Limits PROPOSED RULE NUMBER: 2018-P098 BRIEF SUMMARY: Initiated by the Zone B Council in accordance with 12 MRS §6447, this proposed rule would limit the number of lobster traps on a trawl to a maximum of five within the waters of Zone B from the six-mile line to the 25675 line. The proposal was supported by over 2/3rds of Zone B license holders in a referendum conducted in February 2018. On April 25, 2018 the Zone B Council voted unanimously to recommend to the Commissioner to advance this proposal to rule-making. PUBLIC HEARING: May 22, 2018 - 5:00 p.m., Ellsworth High School. Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553. COMMENT DEADLINE: June 1, 2018 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 AGENCY: 94-178 - Kim Wallace Adaptive Equipment Loan Program Fund Board CHAPTER NUMBER AND TITLE: Ch. 501, Kim Wallace Adaptive Equipment Loan Program Rule PROPOSED RULE NUMBER: 2018-P099 BRIEF SUMMARY: The proposed rule repeals and replaces the existing Ch. 501, which sets the operating procedures for the Adaptive Equipment Loan Program (AELP). The proposed changes will streamline AELP operations; direct the AELP Board to adopt procedures, guidelines for applications and underwriting, and interest rates; and delete from the rule most details of such procedures, guidelines, and interest rates. Also, the proposed changes will allow the AELP Board to deposit the AELP Fund with a fund administrator other than the Finance Authority of Maine. COMMENT DEADLINE: June 1, 2018 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Nina McLaughlin, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. Email: Nina.McLaughlin@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):  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 .