Public Input for Proposed Rules
Notices are published each Wednesday to alert the public regarding state agency rule-making. 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 rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making 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: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 23, Collection of Staff Information
PROPOSED RULE NUMBER: 2016-P117
BRIEF SUMMARY: The Department is repealing the original regulation of 1979. There is no legal basis for this regulation.
PUBLIC HEARING: None Scheduled
COMMENT DEADLINE: September 23, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOE RULE-MAKING LIAISON: Jaci Holmes, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 200, Metallic Mineral Exploration, Advanced Exploration and Mining (Major substantive)
PROPOSED RULE NUMBER: 2016-P118
BRIEF SUMMARY: This new rule is being proposed to implement the Maine Metallic Mineral Mining Act, 38 MRS §490-ll et seq., and will repeal and replace the existing Ch. 200, Metallic Mineral Exploration, Advanced Exploration and Mining rule. The proposal updates Maine's mining regulations to provide a comprehensive application and permitting process for several types of mining activities, including exploration, advanced exploration and mining.
Under the proposal, exploration activities do not require a permit, but must instead submit a work plan and meet a number of performance standards designed to protect natural resources and properly restore the exploration site. Advanced exploration activities, which involve more extensive sampling (along with the potential for more significant environmental impacts) require a Department permit, with Tier One advanced exploration activities involving the excavation and removal of up to 2,000 tons of material, and Tier Two advanced exploration activities excavating and removing up to 10,000 tons of excavated material. Under an advanced exploration mining permit, the on-site processing of samples is limited to mechanical size alteration (crushing) and sorting. Tier One and Tier Two advanced exploration activities are subject to permitting requirements that may include (depending on the activity) blasting standards, financial assurance requirements, a reactive mine waste characterization plan, measures to monitor, limit and control any acid rock drainage or metal leaching, a baseline site characterization report, an environmental impact assessment, interim and final closure plans, and plans for the management of excavation and processing waste.
Mining activities which involve the excavation of 10,000 tons or more of material are subject to more extensive permitting requirements that include (in addition to the above), a quality assurance plan, monitoring plan, and reactive mine and hazardous materials monument plans. In addition, since these mining activities can include on-site beneficiation of ore and disposal of reactive mine wastes, applicants must demonstrate that mine waste units meet minimum performance requirements designed to prevent the contamination of surface and groundwater.
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 rule-making and are provided an opportunity for comment. Written comments may be submitted by U.S. Postal Service mail to Jeffrey Crawford, 17 State House Station, Augusta Maine, 04333 or by e-mail to miningcomments2016.DEP@maine.gov 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: September 15, 2016 - 9:00 a.m., Augusta Civic Center, Civic Center Drive, Augusta, Maine
COMMENT DEADLINE: September 26, 2016 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DEP RULE-MAKING LIAISON: Jeffrey Crawford, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No direct fiscal impact is anticipated from this proposal.
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 607, ASPIRE Rule 23 (Clarify and Correct) ASPIRE-TANF Program Manual
PROPOSED RULE NUMBER: 2016-P119
BRIEF SUMMARY: This rule proposes to amend the ASPIRE-TANF Program Rules. The revisions are proposed to encourage work and training participation. This is done, in part, by removing discretionary language that hinders success. For example, the rule strengthens and clarifies the job search requirements to include a more robust expectation of job search activities and follow up, which the Department or its designee will monitor. Another proposed revision is that participants in paid job training be required to accept employment offers of minimum wage and up. This change will in turn open up paid job training opportunities for other unemployed participants. Additional changes the rule proposes include, but are not limited to: removing obsolete law and outdated procedures; removing terms in the "good cause" section to parallel the TANF program; updating notification practices and removing references to postal mail, and clearly defining procedures for seeking payment of support services.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: September 14, 2016, 12:00 p.m. in room 110 at 19 Union Street, Augusta, Maine 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before September 11, 2016.
COMMENT DEADLINE: September 26, 2016, 11:59 p.m.
CONTACT PERSON FOR THIS FILING: Marta Noriega-Allen, Senior Planner, Department of Health & Human Services, Office for Family Independence, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4135. Fax: (207) 287-3455. TT Users Call Maine Relay - 711. E-mail: Marta.Noriega-Allen@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Atlantic Sea Scallop Regulations and 2016-2017 Harvesting Season
PROPOSED RULE NUMBER: 2016-P120
BRIEF SUMMARY: This proposed rule-making establishes the 2016-2017 scallop fishing season. As in the 2015-2016 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 is set for draggers to start on December 5, 2016 and the proposed last day of the season is April 11, 2017. For Zone 1, a 60-day season is set for divers to start on December 1, 2016 and the proposed last day of the season is April 15, 2017. For Zone 2, a 70-day season is set for draggers to start on December 5, 2016 and the proposed last day of the season is March 28, 2017. For Zone 2, a 70-day season is set for divers to start on December 1, 2016 and the proposed last day of the season is April 15, 2017. For Zone 3, a 50-day season is set for draggers to start on December 5, 2016, and the proposed last day of the season is March 29, 2017. For Zone 3, a 50-day season is set for divers to start on December 1, 2016 and the proposed last day of the season is March 24, 2017.
In addition, DMR is proposing to either maintain or implement the following targeted closures based on depletion, high concentrations of seed/sublegal scallops and/or the presence of spat-producing scallops which include Muscle Ridge (limited), Lower Muscle Ridge, Eastern Casco Bay, Ocean Point, Sheepscot River, Muscongus Bay, New Meadows River, Card Cove and East Moosabec Reach.
Finally, DMR is proposing to implement a Limited Access Area in the MDI region of Zone 2.
PUBLIC HEARINGS:
Ellsworth: September 12, 2016, 6:00 p.m., Ellsworth City Hall Auditorium, One City Hall Plaza
Machias: September 14, 2016, 6:00 p.m., University of Maine Machias, Room 102, 116 O'Brien Avenue
Wiscasset: September 19, 2016, 6:00 p.m., Lincoln County Communications Center, US-1
COMMENT DEADLINE: October 12, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Hannah.Dean@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.08, Lobster Trap Tag System; 25.90, Swans Island Area Lobster Trap Regulation; 25.97, Management Framework for Island Limited Entry Program
PROPOSED RULE NUMBER: 2016-P121
BRIEF SUMMARY: This proposed rule-making addresses 1) a new requirement for the use of second zone lobster trap tags statewide, 2) the removal of the registration period for the Swans Island Lobster Conservation area, 3) a change in the maximum allowable number of lobster trap tags for the Swans Island Lobster Conservation Area from 475 to 600 traps, for consistency with a previous statutory change, and 4) the creation of an island limited entry program for the island for Swans Island.
This proposed rule-making proposes a requirement to use a second zone tag in all traps when fishing those traps in a zone other than their declared lobster zone. The second zone tag will be in addition to their declared lobster zone tag, and is needed to increase Marine Patrol's ability to enforce the current 49/51% trap component of the Lobster Zone Limited Entry rules.
This proposed rule-making would also remove the deadline for registration for the Swans Island Lobster Conservation Area, allowing individuals to register at any time of the year. In addition, this rule-making would change the maximum allowable number of lobster trap tags for the Swans Island Lobster Conservation Area from 475 to 600, for consistency with existing Maine law.
Finally, this proposed rule-making addresses a recent island limited entry referendum vote for Swans Island. It would create the Swans Island limited entry program, allowing up to 72 commercial island resident lobster licenses to be issued annually, as authorized by 12 MRS §6449.
PUBLIC HEARINGS:
Ellsworth: September 12, 2016, 6:30 p.m., Ellsworth City Hall Auditorium, One City Hall Plaza
Rockland: September 13, 2016, 6:00 p.m., Rockland Ferry Terminal
Machias: September 14, 2016, 6:30 p.m. University of Maine at Machias, Science Building, Room 102
Wiscasset: September 19, 2016, 6:30 p.m., Lincoln County Communications Center
COMMENT DEADLINE: September 29, 2016
CONTACT PERSON FOR THIS FILING: Sarah Cotnoir (Telephone: (207) 624-6596)
DMR RULE-MAKING LIAISON / SMALL BUSINESS INFORMATION: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6596. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Hannah.Dean@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBERS AND TITLES: Ch. 10 and Ch. 12, Subsection 2.12, Prisoner and Resident Accounts: combined, amended and relocated to new Ch. 11, Policy and Procedure Manual - Adult and Juvenile
PROPOSED RULE NUMBER: 2016-P122
BRIEF SUMMARY: The reason this rule is being repealed is to align the rule with the federal statutes that effect banking practices in the opening of an account and limits the use of Veterans Administration benefit funds. The current rule is out of compliance with these federal statutes.
In addition, a procedure on savings plans that had been in a separate policy for prisoners and residents has been included in the proposed rule to keep all prisoner and resident accounts in one policy.
Other revisions for clarification purposes and updating current practices are being proposed since the rule has not been revised since 2009.
The proposed rule may be found on the Maine Department of Correction's website; http://www.maine.gov/corrections/PublicInterest/policies.htm .
PUBLIC HEARING: None
COMMENT DEADLINE: September 27, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOC RULE-MAKING LIAISON: Mary Lucia, Department of Corrections, 111 State House Station, Augusta ME 04333. Telephone: (207) 287-4681. Fax: (207) 287-4370. E-mail: Mary.A.Lucia@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBERS AND TITLES: Ch. 11 (New), Policy and Procedure Manual - Adult and Juvenile: Subsection 18.19.1, Use of Mechanical Restraints on a Pregnant Prisoner or Pregnant Resident
PROPOSED RULE NUMBER: 2016-P123
BRIEF SUMMARY: This rule is being proposed because the Maine State Legislature passed a law, Title 34-A MRS §§ 3101, 3102, 3103 and 3104, that requires that the Maine Department of Corrections adopt a rule regarding pregnant prisoners or residents in the custody of the department.
The proposed rule may be found on the Maine Department of Correction's website; http://www.maine.gov/corrections/PublicInterest/policies.htm .
PUBLIC HEARING: None
COMMENT DEADLINE: September 27, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOC RULE-MAKING LIAISON: Mary Lucia, Department of Corrections, 111 State House Station, Augusta ME 04333. Telephone: (207) 287-4681. Fax: (207) 287-4370. E-mail: Mary.A.Lucia@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 rule-making 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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