Notice of State Rulemaking
PUBLIC INPUT FOR RULES
A list of state agency rule proposals is published here each Wednesday. You can get a copy of a proposed rule by contacting the person listed in the notice. You can comment on a proposed rule by submitting a written comment to the agency or by attending the public hearing, if one is scheduled. If no hearing is scheduled, you can request one. The agency must hold a hearing if it receives 5 or more requests. If you have a disability and need assistance to participate in a hearing you should tell the agency at least 7 days before the hearing.
ONLINE INFORMATION
Weekly notices, full text of adopted rules, and a list of agency rulemaking contacts are available at this website: https://www.maine.gov/sos/cec/rules/index.html
Proposals
AGENCY: 18-125, Maine Revenue Services, Department of Administrative & Financial Services
CHAPTER NUMBER AND TITLE: c. 301, Sales for Resale and Sales of Packaging Materials
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P335
BRIEF SUMMARY: Rule 301 establishes procedures for making sales for resale, including leases or rentals and certain sales to service providers, and sales of packaging materials without collecting sales tax, and sets forth requirements for certification of such sales. This amendment would conform Rule 301 with statutory changes in P.L. 2023, c. 643, Pt. H and P.L. 2023, c. 673 (generally imposing sales tax on leases and rentals), and make other minor technical language changes.
PUBLIC HEARING (if any): N/A
COMMENT DEADLINE: Tuesday, February 4, 2025
CONTACT PERSON FOR THIS FILING:
Alex Weber, General Counsel
Maine Revenue Services
24 State House Station
Augusta, ME 04333-0024
Phone: (207) 624-9712
Email: alexander.j.weber@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): N/A
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): N/A
STATUTORY AUTHORITY FOR THIS RULE: 36 M.R.S. Sec. 112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): N/A
AGENCY WEBSITE: www.maine.gov/revenue
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: anya.trundy@maine.gov
AGENCY: 18-125, Maine Revenue Services, Department of Administrative & Financial Services
CHAPTER NUMBER AND TITLE: c. 318, Instrumentalities of Interstate or Foreign Commerce
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P336
BRIEF SUMMARY: Rule 318 explains the application of the exemption from sales or use tax for a vehicle, railroad rolling stock, aircraft or watercraft used by the purchaser or lessee in interstate or foreign commerce.
This amendment would conform Rule 318 with statutory changes in P.L. 2023, c. 643, Pt. H and P.L. 2023, c. 673 (generally imposing sales tax on leases and rentals), and make other minor technical language changes.
PUBLIC HEARING (if any): N/A
COMMENT DEADLINE: Tuesday, February 4, 2025
CONTACT PERSON FOR THIS FILING:
Alex Weber, General Counsel
Maine Revenue Services
24 State House Station
Augusta, ME 04333-0024
Phone: (207) 624-9712
Email: alexander.j.weber@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): N/A
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): N/A
STATUTORY AUTHORITY FOR THIS RULE: 36 M.R.S. Sec. 112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): N/A
AGENCY WEBSITE: www.maine.gov/revenue
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: anya.trundy@maine.gov
AGENCY: 94-649 Maine Commission on Public Defense Services
CHAPTER NUMBER AND TITLE: Chapter 5, Co-counsel Requirements
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P337
BRIEF SUMMARY: This rule establishes a process for requesting Co-counsel, expectations of Co-counsel, parameters for payment of Co-counsel, and guidelines for the delegation of tasks in assigned cases.
PUBLIC HEARING (if any): None
COMMENT DEADLINE: February 2, 2025
CONTACT PERSON FOR THIS FILING: Jim Billings, Executive Director, 154 State House Station, Augusta, ME 04333, 207-287-3254, fax 207-287-3293, jim.billings@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different):
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): None
STATUTORY AUTHORITY FOR THIS RULE: 4 M.R.S.A. 1804(2)(G) and (4)(D)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): None
AGENCY WEBSITE: https://www.maine.gov/pds/
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: jim.billings@maine.gov
AGENCY: 01-017 Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE:
Chapter 5 Tracks
Chapter 9 Sires Stakes
Chapter 11 Medications, Prohibited Substances and Testing
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P338 (Ch. 5), 2024-P339 (Ch. 9), 2024-P340 (Ch. 11)
BRIEF SUMMARY: The proposed changes to Chapter 5 include adding a section for Simulcast Requirements at licensee tracks. Proposed changes to Chapter 9 generally address fee schedules for the breeding program. In Chapter 11, the ARCI guidelines have been updated to the most recent version. Additionally, proposed changes are made to the furosemide program as well as TCO2 testing.
PUBLIC HEARING (if any): January 22, 2025, 9:00 A.M., Room 101 Deering Building, 90 Blossom Ln, Augusta, Maine.
COMMENT DEADLINE: February 3, 2025 5:00 PM.
CONTACT PERSON FOR THIS FILING: Shane Bacon, 28 State House Station, Augusta, ME 04333-0028, 207-287- 7568 shane.bacon@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): same as above
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): None known
STATUTORY AUTHORITY FOR THIS RULE: 8 MRS Sections 263-A; 268; 279-E; and 281.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): N/A
AGENCY WEBSITE: https://www.maine.gov/dacf/harnessracing/index.shtml
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: Shane.Bacon@maine.gov
AGENCY: 02-380 State Board of Nursing
CHAPTER NUMBER AND TITLE: Chapter 14, Ethical Standards of Practice for Nurses
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P341
BRIEF SUMMARY: The proposed rule establishes the American Nurses Association Code of Ethics with Interpretive Statements as an ethical standard of practice for licensees. The rule incorporates the generally accepted Code of Ethics for Nurses with Interpretive Statements, 2015 Edition, Copyright © 2015, American Nurses Association, by reference.
PUBLIC HEARING (if any): None planned. Requests to hold a public hearing by any interested party may be submitted in writing to the identified agency contact person.
COMMENT DEADLINE: January 31, 2025
CONTACT PERSON FOR THIS FILING: Kimberly S. Esquibel, Executive Director, State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158, tel. (207) 287-1148, fax (207) 287-1149, kim.esquibel@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different):
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 32 M.R.S. §§ 2105-A(2)(F) and 2153-A(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/boardofnursing
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: kim.esquibel@maine.gov
AGENCY: 06-096 Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Chapter 138: Reasonably Available Control Technology for Facilities that Emit Nitrogen Oxides (NOx RACT)
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P284
BRIEF SUMMARY: The Department proposes to revise Chapter 138 to: clarify applicability of the rule; reevaluate NOx RACT for affected facilities located in the ozone transport region (OTR) due to promulgation of the 2015 8-hour ozone National Ambient Air Quality Standard (NAAQS); replace blanket exemptions with alternative emissions limits; and remove obsolete requirements.
PUBLIC HEARING: A public hearing was held October 17, 2024. The proposed rule is being reposted for additional written public comment.
COMMENT DEADLINE: February 4, 2025
CONTACT PERSON FOR THIS FILING:
Lynn Muzzey
Maine Department of Environmental Protection
17 State House Station
Augusta, ME 04333
(207) 332-1279
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): N/A
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): N/A
STATUTORY AUTHORITY FOR THIS RULE: 38 M.R.S. §§ 585 and 585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): N/A
AGENCY WEBSITE: www.maine.gov/dep/rules
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: Mark.T.Margerum@maine.gov
ADOPTIONS
AGENCY: 99-346 Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Chapter 36, Housing First Program Administrative Responsibility Rule
ADOPTED RULE NUMBER: 2024-274
CONCISE SUMMARY:
EFFECTIVE DATE: Wednesday, December 25, 2024
AGENCY CONTACT PERSON: Ashley Carson, Chief Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 26 Edison Drive, Augusta, Maine 04330-6046
TELEPHONE: (207) 626-4600 (telephone) or Maine Relay 711
AGENCY: 10-149 Department of Health and Human Services, Office of Aging and Disability Services
CHAPTER NUMBER AND TITLE: 10-149 C.M.R. Chapter 5, Section 63, Home-Based Supports and Services for Older and Disabled Adults
ADOPTED RULE NUMBER: 2024-275
CONCISE SUMMARY:
This rulemaking was necessitated by the adoption of Public Law 2023, Chapter 412, which is the biennium budget for July 1, 2023, through June 30, 2025, that was signed into law by the Governor during the 2023 special legislative session. The budget allocated $5.5 million for Home-Delivered Meals for certain eligible older adults, and this rule operationalizes this service. Additionally, this revised rule clarifies the monetary cap on the annual cost of respite services for older adults, and it clarifies the limit at which monthly service hour caps can be exceeded for adults receiving Adult Day Services reimbursable by Home Based Supports and Services (HBSS) funds. It also makes formatting adjustments for consistency.
Section 63 is a hybrid routine technical / major substantive rule. However, no changes to the major substantive part of the rule –subsection 63.12 – were proposed or made. As a result, this rulemaking follows the provisions for routine technical rulemaking in the Maine Administrative Procedure Act.
EFFECTIVE DATE: Saturday, December 28, 2024
AGENCY CONTACT PERSON: Esther Miller, Policy & Program Development Manager
AGENCY NAME: Maine Department of Health and Human Services, Office of Aging and Disability Services
ADDRESS: 41 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 441-8349
TTY: 711 (Deaf or Hard of Hearing)
AGENCY: 14-118 Department of Health and Human Services, Office of Behavioral Health
CHAPTER NUMBER AND TITLE: Chapter 20, Housing First Program Administrative Responsibility Rule
ADOPTED RULE NUMBER: 2024-276
CONCISE SUMMARY:
This is a new joint rule by the State of Maine Department of Health and Human Services, Office of Behavioral Health and Maine State Housing Authority setting forth the responsibilities of each agency and their joint responsibilities in administering the State of Maine’s Housing First Program. The Housing First Program provides funding for support and stabilization services for residents of properties in the State of Maine that provide permanent housing for persons who are experiencing chronic homelessness.
EFFECTIVE DATE: Wednesday, December 25, 2024
AGENCY CONTACT PERSON: Danielle Hess - Policy, Communications, and Compliance Manager
AGENCY NAME: Office of Behavioral Health
ADDRESS: 41 Anthony Avenue, Augusta, Maine 04333
TELEPHONE: (207) 441-8496 (telephone) or Maine Relay 711
AGENCY: 06-096 Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Chapter 428: Stewardship Program for Packaging
ADOPTED RULE NUMBER: 2024-277
CONCISE SUMMARY:
The new Chapter 428: Stewardship Program for Packaging, establishes parameters for the Department to implement, administer, and enforce the Stewardship Program for Packaging, 38 M.R.S. § 2146. It characterizes packaging material, provides a method for determining municipal reimbursement and producer fees, provides a method and criteria for investing in infrastructure and education, details alternative collection programs, establishes a cap for the packaging stewardship fund, and provides mechanisms for ongoing assessment and updates to the program.
EFFECTIVE DATE: Wednesday, December 25, 2024
AGENCY CONTACT PERSON:
17 State House Station
Augusta, ME 04333
(207) 592-0248
AGENCY: 01-015 Maine Milk Commission, Agriculture, Conservation and Forestry
CHAPTER NUMBER AND TITLE: Chapter 3-Schedule of Minimum Prices Order#01-25
ADOPTED RULE NUMBER: 2024-278
CONCISE SUMMARY:
Minimum January 2025 Class I price is $23.63/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $26.97/cwt. that includes a $0.20/cwt Federal promotion fee.
EFFECTIVE DATE: Sunday, December 29, 2024
AGENCY CONTACT PERSON: Julie-Marie R. Bickford
AGENCY NAME: Maine Milk Commission, DACF
ADDRESS: 28 SHS, Augusta, ME 04333
TELEPHONE: 207-287-7521
AGENCY: 02-392 Department of Professional and Occupational Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Pharmacy
CHAPTER NUMBER AND TITLE: Chapter 7: Licensure and Employment of Pharmacy Technicians
ADOPTED RULE NUMBER: 2024-282
CONCISE SUMMARY:
Board Rule Chapter 7 is amended in accordance with Public Law 2023 Chapter 245 by setting standards by which a pharmacy technician may qualify to be certified to administer vaccines.
EFFECTIVE DATE: Wednesday, January 1, 2025
AGENCY CONTACT PERSON: Geraldine L. Betts, Administrator
AGENCY NAME: Maine Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation, Board of Pharmacy
ADDRESS: 35 State House Station, Augusta ME 04333
EMAIL ADDRESS: Geraldine.L.Betts@maine.gov
TELEPHONE: 207-624-8625
AGENCY: 02-392 Department of Professional and Occupational Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Pharmacy
CHAPTER NUMBER AND TITLE: Chapter 41: Sale of Nonprescription Drugs Through Vending Machine Outlets
ADOPTED RULE NUMBER: 2024-283
CONCISE SUMMARY:
Board Rule Chapter 41 repeals the 12-nonprescription limit of items that may be in any one vending machine in accordance with Public Law 2023 Chapter 160.
EFFECTIVE DATE: Wednesday, January 1, 2025
AGENCY CONTACT PERSON: Geraldine L. Betts, Administrator
AGENCY NAME: Maine Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation, Board of Pharmacy
ADDRESS: 35 State House Station, Augusta ME 04333
EMAIL ADDRESS: Geraldine.L.Betts@maine.gov
TELEPHONE: 207-624-8625
AGENCY: 02-392 Department of Professional and Occupational Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Pharmacy
CHAPTER NUMBER AND TITLE: Chapter 44: Pharmacist Authorization to Make Certain Contraception Accessible
ADOPTED RULE NUMBER: 2024-284
CONCISE SUMMARY:
Board Rule Chapter 44 implements requirements to increase access to birth control by making certain contraception accessible from a pharmacist in accordance with Public Law 2023 Chapter 115. This rule sets training for pharmacists to prescribe, dispense and administer contraceptives that reflect evidence-based medical eligibility guidelines for contraceptive use and best practices to counsel patients.
EFFECTIVE DATE: Wednesday, January 1, 2025
AGENCY CONTACT PERSON: Geraldine L. Betts, Administrator
AGENCY NAME: Maine Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation, Board of Pharmacy
ADDRESS: 35 State House Station, Augusta ME 04333
EMAIL ADDRESS: Geraldine.L.Betts@maine.gov
TELEPHONE: 207-624-8625
AGENCY: 02-041, Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation, Boiler and Pressure Vessel Safety Program
CHAPTER NUMBER AND TITLE:
Repeal:
Chapter 1, Definitions
Chapter 2, Variances
Chapter 3, Board Meetings
Chapter 4, Advisory Rulings
Chapter 11, National Codes Applicable to Boilers and Pressure Vessels
Chapter 12, Power Boilers
Chapter 13, Low Pressure Boilers
Chapter 14, Pressure Vessels
Chapter 15, Repairs and Alterations
Chapter 21, Duties and Responsibilities of All Owners of Boilers and Pressure Vessels
Chapter 31, Inspectors
Chapter 32, Boiler Operators and Stationary Steam Engineers
New:
Chapter 70, Definitions
Chapter 71, Variances
Chapter 72, Advisory Rulings
Chapter 73, Safety Codes and Standards
Chapter 74, Power Boilers
Chapter 75, Low Pressure Boilers
Chapter 76, Pressure Vessels
Chapter 77, Repairs and Alterations
Chapter 78, Duties and Responsibilities of Owners of Boilers and Pressure Vessels
Chapter 79, Inspectors
Chapter 80, Boiler Operators and Stationary Steam Engineers
ADOPTED RULE NUMBER: 2024-285 (Ch. 1), 2024-286 (Ch. 2), 2024-287 (Ch. 3), 2024-288 (Ch. 4), 2024-289 (Ch. 11), 2024-290 (Ch. 12) to 2024-291 (Ch. 13), 2024-292 (Ch. 14), 2024-293 (Ch. 15), 2024-294 (Ch. 21), 2024-295 (Ch. 31), 2024-296 (Ch. 32), 2024-297 (Ch. 70), 2024-298 (Ch. 71), 2024-299 (Ch. 72), 2024-300 (Ch. 73), 2024-301 (Ch. 74), 2024-302 (Ch. 75), 2024-303 (Ch. 76), 2024-304 (Ch. 77), 2024-305 (Ch. 78), 2024-306 (Ch. 79), 2024-307 (Ch. 80)
CONCISE SUMMARY:
The adopted rules entirely repeal and replace the Boiler and Pressure Vessel Safety Program’s rules. The new rules eliminate outdated references (the regulatory agency is administered as a program through the Office of Professional and Occupational Regulation and not through a licensing board) and adopt updated safety codes and standards, including the ASME Boiler and Pressure Vessel Code, 2023 Edition with the exception of Section III, Rules for Construction of Nuclear Facility Components, and Section XI, Rules for Inservice Inspection of Nuclear Reactor Facility Components; the ASME Code for Power Piping, B31.1-2022; the National Board Inspection Code, ANSI/NB23 2023 Edition, parts 1, 2, 3 and 4 (Enforcement of Part I, Installation, delayed for a period of thirty-six months); Controls and Safety Devices for Automatically Fired Boilers ASME CSD-1-2021; and Guidelines for inspection and nondestructive testing of paper machine dryers, TIP 0402-16 (2015 Revision).
EFFECTIVE DATE: Wednesday, January 1, 2025
AGENCY CONTACT PERSON: John Burpee, Chief Inspector
AGENCY NAME: Boiler and Pressure Vessel Safety Program, Office of Professional and Occupational Regulation
ADDRESS: 35 State House Station, Augusta, ME 04333-0035
TELEPHONE: (207) 624-8546, TTY users call Maine Relay 711
AGENCY: 02-041, Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation
CHAPTER NUMBER AND TITLE: Chapter 10, Establishment of License Fees (Amend)
ADOPTED RULE NUMBER: 2024-308
CONCISE SUMMARY:
The changes to the fee rule cover the costs for additional staff for the Elevator and Tramway Safety Program, which are needed to keep up with the increased demand for plan review and inspections due to housing development in Maine. Moreover, the amended rule consolidates fees charged for certain types of reviews and inspections and sets all fees at a flat, rather than a variable rate.
EFFECTIVE DATE: Wednesday, January 1, 2025
AGENCY CONTACT PERSON: Joan Cohen, Acting Commissioner of the Department of Professional and Financial Regulation
AGENCY NAME: Office of Professional and Occupational Regulation
ADDRESS: 35 State House Station, Augusta, ME 04333-0035
TELEPHONE: 207-592-0516