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May 1, 2013

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted 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 Section 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, who are single points of contact for each agency.


PROPOSALS


AGENCY: 02-280 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Accountancy
CHAPTER NUMBER AND TITLE: Ch. 5, Certified Public Accountant License Requirements
PROPOSED RULE NUMBER: 2013-P059
BRIEF SUMMARY: The proposed amendments revise the educational and experience requirements for licensure as a CPA. The experience requirement is revised to specifically identify 12 categories of accounting topics from which the minimum 15 hours of accounting courses must be drawn. The experience requirement is revised to permit accounting experience in industry and government to be recognized for licensing purposes in addition to accounting experience in public practice.
PUBLIC HEARING: May 22, 2013, 9:00 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: June 17, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Catherine Carroll, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. E-mail: Catherine.M.Carroll@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §12214(4), §12228(3)(B), §12228(4), §12228(10), §12231(2)(D)(2), §12233
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/accountants/index.htm .
OPOR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .



AGENCY: 01-015 - Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #06-13
PROPOSED RULE NUMBER: 2013-P060
CONCISE 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 MRSA §2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .
PUBLIC HEARING: May 23, 2013, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: May 23, 2013
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone( 207) 287-7521. E-mail: Tim.Drake@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 94-411- Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 411, Eligible Rollover Distributions
PROPOSED RULE NUMBER: 2013-061
BRIEF SUMMARY: The amendment specifies that, for an eligible rollover distribution, the transferee individual retirement account, annuity, or qualified defined contribution plan must agree to separate accounting of the transferred amounts and earnings thereon. This amendment is needed to ensure that the defined benefit plans administered by MainePERS comply with the Section 401(a)(31) of the Internal Revenue Code, a requirement for the plans to maintain qualified plan status.
PUBLIC HEARING: May 23, 2013, 1:00 p.m. EDT, Holiday Inn by the Bay, 88 Spring Street, Portland, Maine
COMMENT DEADLINE: June 6, 2013, 5:00 p.m. EDT
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Michael J. Colleran, MainePERS, 46 State House Station, Augusta, ME 04333. Telephone: (207) 512-3107. E-mail: Michael.Colleran@mainepers.org .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 M.R.S. §17103(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.mainepers.org .
MainePERS RULE-MAKING LIAISON: kathy.morin@mainepers.org .



AGENCY: 94-411- Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 413, Limitations on Contributions and Benefits
PROPOSED RULE NUMBER: 2013-P062
BRIEF SUMMARY: The amendment clarifies and updates the limits on contributions and benefits required by Section 415 of the Internal Revenue Code and corrects typographical errors. This amendment is needed to ensure that the defined benefit plans administered by MainePERS comply with the Internal Revenue Code, a requirement for the plans to maintain qualified plan status.
PUBLIC HEARING: May 23, 2013, 1:00 p.m. EDT, Holiday Inn by the Bay, 88 Spring Street, Portland, Maine
COMMENT DEADLINE: June 6, 2013, 5:00 p.m. EDT
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Michael J. Colleran, MainePERS, 46 State House Station, Augusta, ME 04333. Telephone: (207) 512-3107. E-mail: Michael.Colleran@mainepers.org .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any): None
STATUTORY AUTHORITY FOR THIS RULE: 5 M.R.S. §17103(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.mainepers.org .
MainePERS RULE-MAKING LIAISON: kathy.morin@mainepers.org .



AGENCY: 01-017 - Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Officials and Race Track Personnel, Section 1, Officials, 1B.
PROPOSED RULE NUMBER: 2013-P063
BRIEF SUMMARY: This proposed rule would require Presiding and Associate Judges to attend a Commission approved educational seminar consisting of at least four hours every two years in order to be approved by the Commission to perform the duties of a Presiding or Associate Judge.
CHAPTER NUMBER AND TITLE: Ch. 7, Racing, Section 6, Meeting Race Meet Standards and Maintaining Eligibility, Subsection 9; Section 7, Steward’s List
PROPOSED RULE NUMBER: 2013-P064
BRIEF SUMMARY: This proposed rule change in Section 6 allows a horse that has been interfered with or has evidence of equipment failure to have that line dismissed as a requirement to go a qualifying race. Further, the proposed change in Section 7 separates the reasons for a horse being put on the Steward’s List in to two categories of either ‘shall’ or ‘may'.
CHAPTER NUMBER AND TITLE: Ch. 9. Sire Stakes, Section 4, Performance Eligibility, Subsections 7 & 11; Section 6, Conditions, Subsection 8, (1, 3, 4).
PROPOSED RULE NUMBER: 2013-P065
BRIEF SUMMARY: This proposed rule in Section 4.7 mirrors the proposal in Ch. 7 Section 6 by allowing interference or broken equipment to be excused in the event a horse did not satisfy the requirement of meeting qualifying standards. Additionally, subsection 11 is being added to Section 4 to allow a Sire Stakes horse to not have to qualify if it breaks off a qualifier as outlined in Ch. 7 Section 7. Further, Section 6 subsection 8 clarifies when declarations for a Consolation Final are to be made and the protocol used in drawing the Final and Consolation Final races.
CHAPTER NUMBER AND TITLE: Ch. 11, Medication and Testing
PROPOSED RULE NUMBER: 2013-P066
BRIEF SUMMARY: This proposed rule will repeal and replace Section 1 subsection 8 in order to be more consistent with other racing jurisdictions; repeals Section 4 replaces and renames it to “USE OF MEDICATIONS” which addresses the use of therapeutic medications that are currently allowed in other racing jurisdictions; repeals Section 5 and replaces it with a new heading “TREATMENT RESTRICTIONS” which has been adopted throughout the harness racing community; amends Section 6 and adds language and a new heading “CERTAIN PERMITTED SUBSTANCES”; repeals Section 7 and replaces it with “ANTIULCER MEDICATIONS; adds a new Section 8 “PERMITTED NON-STEROIDAL ANTI-INFLAMMATORY DRUGS”; adds a new Section 9 “ANDROGENIC-ANABOLIC STERIODS (AAS)”; adds a new Section 10 ”CLASSIFICATION OF DRUGS, MEDICATIONS, AND SUBSTANCES”; renumbers former Section 5 to Section 11 “PROHIBITED PRACTICES”; and, renumbers former Section 7 to Section 12 OUT-OF-COMPETITION TESTING.
PUBLIC HEARING: None
COMMENT DEADLINE: 30 day written comment period - to be received in the office by 5:00 p.m., May 31, 2013
CONTACT PERSON FOR THESE FILINGS / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Henry W. Jackson, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-3221. Fax: (207) 287-7548. E-mail: Henry.Jackson@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any)
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA §§ 263-A, 268, 279-A & B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/agriculture/hrc/index.html .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health & Human Services (DHHS), Maine CDC, Health Inspection Program, jointly with 01-001 - Department of Agriculture, Conservation & Forestry
RULE TITLE OR SUBJECT: Ch. 200 (DHHS), Ch. 351 (Agriculture): Maine Food Code
PROPOSED RULE NUMBER: 2013-P067, P068
CONCISE SUMMARY: The proposed revisions to the Maine Food Code incorporate relevant sections of the 2009 Federal Food Code, as well as the 2011 Federal Food Code Supplement. This update is the first one since 2001. Updates include adding a requirement for a Certified Food Protection Manager, updating and clarifying employee responsibilities when reporting symptoms of their illnesses, preventing bare hand contact directly with ready-to-eat food, updating food temperature requirements to create consistency with federal guidelines, and updating date marking and discarding of food. Further updates include drinking water, subsurface wastewater, plumbing code, and Maine Board of Pesticide Control standards.
PUBLIC HEARING: 10:00 a.m. on May 22, 2013, 3rd Floor, Key Bank Plaza, 286 Water Street, Augusta, Maine
DEADLINE FOR COMMENTS: June 3, 2013
AGENCY CONTACT PERSON: Tera Pare, J.D., Rulemaking Coordinator, Maine CDC - Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5680. TTY: 711 (Maine Relay). E-mail: Tera.Pare@Maine.gov . Website: http://www.maine.gov/dhhs/mecdc/environmental-health/el/ .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.S.R. §2496(1); 7 M.R.S. §12
RULE-MAKING LIAISON (DHHS): Kevin.Wells@Maine.gov .
RULE-MAKING LIAISON (Agriculture): Mari.Wells@Maine.gov .



?AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 15, Batterer Intervention Program Certification
PROPOSED RULE NUMBER: 2013-P069
BRIEF SUMMARY: The revisions reflect the results of the 2009-2011 biannual reviews and of a recent court case resulting from the failure of the standards to permit the certification of barterer intervention programs for females. The changes consists of the inclusion of abuse between dating partners and exclusion of abuse upon children; changing language to make the standards gender neutral; a provision that if a BIP is under the umbrella of a family violence project, monitoring by the FVP may be no less than quarterly; a provision allowing co-facilitators to receive training determined to be sufficient by the Department as an alternative to nationally recognized training; a provision allowing for a waiver by the Department of the requirement of documentation of a working agreement between a BIP and a family violence project for certification; a requirement that staff of a HIP not be on a deferred disposition for any offense; provisions requiring recognition of the role of substance abuse in battering; provisions relating to credit for weeks completed prior to discharge or transfer from a program; and other changes to make language consistent.
PUBLIC HEARING: May 24, 2013
COMMENT DEADLINE: June 7, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOC RULE-MAKING LIAISON: Kelene Barrows, Department of Corrections, 111 State House Station, Augusta, ME 04333. Telephone: (207) 287-4360. Fax: (207) 287-4370. E-mail: Kelene.Barrows@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: Resolve 2013, Ch.3
WEBSITE: http://www.maine.gov/corrections/VictimServices/BatIntervent.htm
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Title 19-A §4014



AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program
PROPOSED RULE NUMBER: 2013-P070
BRIEF SUMMARY: This rule repeals and replaces in its entirety the current Home Energy Assistance Program rule. The rule establishes standards for administering fuel assistance, emergency fuel assistance, weatherization, and heating system repair and replacement funds to low income households in the State of Maine. The replacement rule (i) updates federal poverty guidelines; (ii) eliminates the margin over rack discount option; (iii) adds new definitions and clarifies existing definitions, (iv) expands and clarifies the telephone application component; (v) incorporates the specific inclusions and exemptions for household income; (vi) adds depreciation and capital gains to self-employed income calculations; (vii) details the factors used to calculate benefits; (viii) further defines energy crisis, including specific fuel levels, and date parameters of the program; (ix) details how errors and program abuses may be reported; and (x) outlines the appeal process and the applicant’s rights to an informal review or fair hearing. A copy of the proposed rule may be found at www.mainehousing.org.
Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
PUBLIC HEARING: A public hearing will be held on Tuesday, May 21, 2013 at 9:30 a.m. at Maine State Housing, 353 Water Street, Augusta, Maine 04330-4633. Maine State Housing Authority’s office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communications auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: May 31, 2013 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MSHA RULE-MAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine 04330-4633, (207) 626-4656. Telephone: (800) 452-4603 (TTY). E-mail: luhl@mainehousing.org .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRSA §§ 4722(1)(W), 4741(15), and 4991 et seq.; 42 U.S.C.A. §§ 8621 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above
WEBSITE: http://www.mainehousing.org/ .


ADOPTIONS


AGENCY: 01-015 - Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #05-13
ADOPTED RULE NUMBER: 2013-105 (Emergency)
CONCISE SUMMARY: Minimum May 2013 Class I price is $21.01/cwt. plus $1.53/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $24.74/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm .
EFFECTIVE DATE: April 28, 2013
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 33, Rule Governing Physical Restraint and Seclusion
ADOPTED RULE NUMBER: 2013-106
CONCISE SUMMARY: Rule Ch. 33 sets forth standards and procedures relating to the physical restraint or seclusion of students in educational settings. The amendments to Rule Ch. 33 are being made in accordance with specific directions contained in Resolves 2013 ch. 8. That Resolve directed the Department to make the following substantive changes in the rule: (1) change the threshold at which physical restraint or seclusion may be used from "imminent risk of injury or harm" to "risk of injury or harm;" (2) change the definition of "physical escort"; (3) exclude brief periods of physical contact necessary to break up a fight from the definition of physical restraint; and (4) add a section requiring the Department to annually ensure that teachers and administrators are provided consistent and accurate information about the rule. The Resolve directing these changes to be made, exempted the changes from the rule-making process under the Administrative Procedure Act, and directed the Department to file the rule with the Secretary of State as a final amended rule.
EFFECTIVE DATE: April 29, 2013
AGENCY CONTACT PERSON: Deborah Friedman, Maine Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6620. E-mail: Deborah.Friedman@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .