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: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES:
Ch. 100, Definitions Regulation
Ch. 113, Growth Offset Regulation
PROPOSED RULE NUMBERS: 2018-P145, P146 (2nd publication, additional changes)
BRIEF SUMMARY: The Department is proposing to amend its Ch. 100, Definitions Regulation, and Ch. 113, Growth Offset Regulation, to provide greater clarity and flexibility to the emission offsets generation and use processes for Maine businesses and those businesses which may locate in Maine. These amendments will be submitted to the U.S. Environmental Protection Agency for approval in Maine's State Implementation Plan.
On June 20, 2018, the Department posted these proposals to a 30-day public comment period with an opportunity to request a public hearing; the comment period closed on July 23, 2018. After reviewing public comments, the Department has revised its proposals and is now providing an opportunity for additional public comment pursuant to 5 MRS §8052(5)(B) on additional changes to the proposals that may be substantial. These changes include:
The following definitions in Ch. 100 have been revised to align with the current federal rules: "Regulated Pollutant," "Part 70 major source or major stationary source," "Significant Emissions," and "Significant Emissions Increase."
The Applicability section of Ch. 113 has been revised for clarity and to align both with Ch. 100 and federal requirements.
Please note that the Department is not accepting additional comments on other portions of the proposals at this time.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/. Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: The Department has scheduled this proposal to an additional 30-day public comment period. A public hearing will be held if requested before the end of the comment period.
COMMENT DEADLINE: September 24, 2018 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DEP RULEMAKING LIAISON: Jeffrey Crawford, DEP. 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. Email: Jeff.S.Crawford@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated from this proposal.
AGENCY: 02-031 - Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 275, Medicare Supplement Insurance
PROPOSED RULE NUMBER: 2018-P179
BRIEF SUMMARY: The primary purpose of the proposed amendment is to comply with Section 401 of the federal Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). This act prohibits the sale of Medicare supplement insurance policies that cover Part B deductibles on or after January 1, 2020. Other changes proposed include updating a reference to the adjusted average age of Medicare supplement covered lives for all issuers in the Maine market based on rate filings, repeal of references to obsolete paper rate filing procedures, a clarification that for purposes of the rule "employee welfare benefit plan" includes COBRA and mini-COBRA coverage and a clarification that Medicare counts as creditable coverage only during a person's 6-month open enrollment period.
PUBLIC HEARING: none
COMMENT DEADLINE: 4:30 p.m., September 24, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Susan Tardiff, Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8421. Email: Susan.P.Tardiff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 2018-19 Season
PROPOSED RULE NUMBER: 2018-P180
BRIEF SUMMARY: This proposed rulemaking establishes the 2018-2019 scallop fishing season. As in the 2017-2018 season, there would be a daily possession limit of 15 gallons for Zone 1 and Zone 2, and a daily possession limit of 10 gallons for Zone 3. For Zone 1, a 60-day season for draggers would begin on December 10, 2018 and the last day of the season would be March 28, 2019. For Zone 1, a 60-day season for divers would start on November 20, 2018 and the last day of the season would be April 20, 2019. For Zone 2, a 70-day season for draggers would start on December 3, 2018 and the last day of the season would be March 28, 2019. For Zone 2, a 70-day season for divers would start on December 1, 2018 and the last day of the season would be April 13, 2019. For Zone 3, a 50-day season for draggers would begin on December 3, 2018 and the last day of the season would be March 27, 2019. For Zone 3, a 50-day season for divers would begin on December 1, 2018 and the last day of the season would be March 28, 2019.
In Zone 1, Casco Bay, Sheepscot River, Damariscotta River, Muscle Ridge, and W. Penobscot Bay Areas, as well as Whiting/Dennys Bays in Zone 3 are proposed as Limited Access Areas with reduced harvesting days. In Zone 2, territorial waters surrounding Machias Seal Island and North Rock would be open to harvest all days during January 2018, in addition to open Zone 2 calendar days throughout the season.
DMR would maintain the following targeted closures based on depletion, high concentrations of seed/sublegal scallops and/or the presence of spat-producing scallops: Lower Muscle Ridge, Eastern Casco Bay, Upper Sheepscot River, New Meadows River, Card Cove and Beals-Jonesport Bridge.
DMR proposes to remove the sunset provision rule that caps the vessel limit of dive harvested scallops to 30 gallons when two or more licensed scallop divers are utilizing the same platform.
This rule proposes to remove the specific drag size gear restrictions in the Kittery area (currently 5'6"), Swan's Island Conservation area (currently 8'6"), and Gouldsboro Bay (currently 4'6"). If amended, harvesters would be able to utilize any drag size, provided it does not exceed the State maximum of 10' 6."
PUBLIC HEARINGS:
Augusta: September 10, 2018, 6:00 p.m., DMR - Augusta, Rm 118, 32 Blossom Lane
Machias: September 11, 2018, 6:00 p.m., University of Maine at Machias, Rm 102, 116 O'Brien Avenue
Ellsworth: September 12, 2018, 6:00 p.m., Ellsworth City Hall Auditorium, One City Hall Plaza
Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: September 24, 2018
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). Email: Amanda.Ellis@Maine.gov .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 37, Freshwater Fish Regulations
PROPOSED RULE NUMBER: 2018-P181
BRIEF SUMMARY: This proposed rule would make it unlawful to take or possess brown trout which are greater than 25 inches in total length, from the coastal waters of the State of Maine. The proposal mirrors the 25" maximum for brown trout as established by the Maine Department of Inland Fisheries and Wildlife. The intent of the proposed rule is to provide brown trout fishermen with a consistent maximum size across waterbodies.
PUBLIC HEARING: September 10, 2018 - 1:00 p.m., DMR Offices, 32 Blossom Lane, Augusta: Conference Room 118
COMMENT DEADLINE: September 21, 2018
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). Email: Amanda.Ellis@Maine.gov .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 110, Marine Harvesting Demonstration License
PROPOSED RULE NUMBER: 2018-P182
BRIEF SUMMARY: Pursuant to 12 MRS §6810-A(7-A) Marine Harvesting Demonstration License holders are exempt from prohibitions on raising and hauling lobster traps during closed periods as specified in 12 MRS §6440 subsection 2. This proposed change removes language from the existing regulation, which did not recognize the exemption provided for in statute. This is a minor technical change intended to provide consistency between relevant statutory provisions and the regulation.
PUBLIC HEARING: September 10, 2018 - 1:30 p.m., DMR Offices, 32 Blossom Lane, Augusta: Conference Room 118
COMMENT DEADLINE: September 21, 2018
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). Email: Amanda.Ellis@Maine.gov .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 02-313 - Maine Board of Dental Practice (Affiliated with the Department of Professional and Financial Regulation - PFR
CHAPTER NUMBER AND TITLE: Ch. 13, Continuing Education
PROPOSED RULE NUMBER: 2018-P183
BRIEF SUMMARY: This effort is a complete repeal and replace of the existing Board rule and proposes changes as follows:
Eliminates categories of continuing education activities.
Identifies required areas of study as a condition for dentists to prescribe opioids.
Identifies required areas of study as a condition for dentists to hold a sedation permit.
Clarifies requests for "Inactive Status" and requirements to return to active practice.
Clarifies eligible continuing education activities such as online courses and webinars.
Increases the number of hours required for renewal of denturist licensure from 20 to 30 biennially.
Requires faculty licensees to complete continuing education as a condition to renew.
Clarifies the continuing education audit process.
Clarifies the documentation requirements.
PUBLIC HEARING: September 14, 2018 at 1:00 p.m., Maine Board of Dental Practice - Conference Room, 161 Capitol Street, Augusta, ME
COMMENT DEADLINE: September 28, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT / BOARD RULEMAKING LIAISON: Penny Vaillancourt, Executive Director, 143 State House Station, Augusta, ME 04333. Fax: (207) 287-8140. TTY 711. Telephone: (207) 287-3333. Email: Penny.Vaillancourt@Maine.gov .
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 .
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