JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

APRIL 19, 2013 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Peter B. Schmidt, Vice-Chair

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Bette Lasky

Rep. James R. MacKay

Sen. Jim Rausch

Rep. Carol M. McGuire

Sen. David Watters

Rep. Tara A. Sad

Sen. Peter Bragdon (Alt.)

Rep. Richard W. Barry (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Andy Sanborn (Alt.)

Rep. David H. Kidder (Alt.)

Sen. Nancy Stiles (Alt.)

Rep. Mary S. Nelson (Alt.)

 

 

The times and order specified for the agenda items listed below are only tentative.  The Committee may change the order or may change the amount of time allotted for such items.

 

1.   9:00 a.m.    Convene and Review Minutes

 

JLCAR Deadlines Noted in Agenda:

For OR's and ROR's:

Deadline is for sponsoring a joint resolution.

For FP's:

Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.

For INT's:

Deadline is for approval or conditional approval.
Otherwise, agency cannot adopt the interim rule.

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

EXRF - Expedited Revision to Form


 

CONSENT AGENDA

 

2.   9:05 a.m.    Committee Approval of Final Proposals:

 

 

(a)  FP 2012-149

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

NH Residential Child Care Licensing - Homeless Youth Programs

(JLCAR Deadline May 19, 2013.)

 

 

(b)  FP 2012-163
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Particulate Matter and Visible Emissions Standards

(JLCAR Deadline May 13, 2013.)

 

 

(c)  FP 2012-164
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations

(JLCAR Deadline May 13, 2013.)

 

 

(d)  FP 2012-180
Approval

POLICE STANDARDS AND TRAINING COUNCIL

Police, Corrections or Probation/Parole Officers

(JLCAR Deadline April 22, 2013.)

 

 

(e)  FP 2012-181
Approval

POLICE STANDARDS AND TRAINING COUNCIL

Suspension for Failure to Pass Physical Fitness Requirements

(JLCAR Deadline April 22, 2013.)

 

 

(f)  FP 2012-200
Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Definitions/Work Search/Employment Services

(JLCAR Deadline May 13, 2013.)

 

 

(g)  FP 2012-201
Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Employer Requirements, Contributions and Debts

(JLCAR Deadline May 20, 2013.)

 

 

(h)  FP 2012-211
Approval

INSTALLATION STANDARDS BOARD

Organizational Rules

(JLCAR Deadline May 6, 2013.)

 

 

(i)  FP 2013-6
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Deprivation Due to Incapacity for the Financial Assistance to Needy Families Program

(JLCAR Deadline April 29, 2013.)

 

 

(j)  FP 2013-12
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medicaid for Employed Adults with Disabilities

(JLCAR Deadline May 16, 2013.)

 

 

(k)  FP 2013-13
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Definition of Incinerator

(JLCAR Deadline May 20, 2013.)

 

 

(l)  FP 2013-14
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Incinerators (n/k/a Incinerators and Wood Waste Burners)

(JLCAR Deadline May 20, 2013.)

 

 

(m)  FP 2013-17
Approval

REAL ESTATE APPRAISER BOARD

Real Estate Appraiser Board Rules Regarding Renewal Fees

(JLCAR Deadline May 20, 2013.)

 

 

(n)  FP 2013-20
Postponed to 5/3/13 Continued Meeting

DEPARTMENT OF REVENUE ADMINISTRATION

Business Enterprise Tax Estimates

(JLCAR Deadline May 20, 2013.)

 

 

3.   9:10 a.m.    Committee Conditional Approvals:

 

 

(a)  FP 2012-207
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Complaint Resolution Procedures for Family Centered Early Supports and Services

(JLCAR Deadline May 20, 2013.)

 

 

(b)  FP 2012-208
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Family Centered Early Supports and Services

(JLCAR Deadline May 20, 2013.)

 

 

4.   9:15 a.m.    Committee Acceptance of Agency Responses to Objections:

 

(No Items)

 

 

5.   9:16 a.m.    Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(No Items)

 

 

 

NOTE:

 

The following proposals were conditionally approved by the Committee on the dates indicated.  Also noted are whether there are agency responses and subsequent confirmation by the Office of Legislative Services that the proposals have been amended as conditionally approved.  No further Committee action is required in that case.

 

Conditionally Approved February 15, 2013:

 

 

FP 2012-124

BOARD OF EDUCATION

Procedures for Approval, Standard for PEPP, IHE Responsibility

(Response received 3-20-13 and confirmed 3-20-13.)

 

 

Conditionally Approved March 15, 2013:

 

 

FP 2012-143

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Required Documents for Full and Conditional Licensures

(Response received 4-9-13 and confirmed 4-9-13.)

 

 

FP 2012-144

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

License Renewal Application Form, Supporting Material for Reinstatement, Continuing Education, and Licensee Obligations

(Response received 4-9-13 and confirmed 4-9-13.)

 

 

FP 2012-198

BOARD OF NURSING

Nursing Education Program Approval

(Response received 3-21-13 and confirmed 3-21-13.)

 

 

FP 2012-129

DEPARTMENT OF SAFETY

Watercraft Safety Rules

(Response received 3-15-13 and confirmed 3-18-13.)

 

 

REGULAR AGENDA

 

6.   9:18 a.m.    Consider postponing action on certain items to another meeting.

 

7.   9:20 a.m.    PUBLIC UTILITIES COMMISSION

 

 

FP 2012-132
Conditional Approval with Recommendation

Rules for Gas Service

(JLCAR Deadline April 19, 2013.)

(Formerly Item #12 on 3-15-13 agenda.)

 

 

8.   9:45 a.m.    DEPARTMENT OF SAFETY

 

 

FP 2012-146
Preliminary Objection

Nonresident Pistol/Revolver License Rules

(JLCAR Deadline May 2, 2013.)

 

 

9.   10:00 a.m.  PASSENGER TRAMWAY SAFETY BOARD

 

 

FP 2012-148
Postponed to 5/3/13 Continued Meeting

Various Passenger Tramway Safety Rules

(JLCAR Deadline May 9, 2013.)

 

 

10. 10:15 a.m.  BOARD OF EDUCATION

 

 

(a)  FP 2012-139
Conditional Approval

Nonpublic Schools

(JLCAR Deadline May 6, 2013.)

 

 

(b)  FP 2012-155
Conditional Approval

Daily Physical Activity Program, Suspension and Expulsion of Students, and High School Equivalency Programs

(JLCAR Deadline May 6, 2013.)

 

 

(c)  FP 2012-170
Conditional Approval

Application for Certification and Credential Renewal and Validity

(JLCAR Deadline May 6, 2013.)

 

 

11. 10:45 a.m.  INSTALLATION STANDARDS BOARD

 

 

FP 2012-212
Approval

Rules Regarding Warranty Seals, Inspector, Inspection of Installations, and Inspection Fee

(JLCAR Deadline May 6, 2013.)

 

 

12. 11:00 a.m.  BOARD OF DENTAL EXAMINERS

 

 

FP 2012-178
Approval

License Requirements, Expanded Functions for Auxiliaries, Anesthesia/Sedation Evaluations, Continuing Education

(JLCAR Deadline May 17, 2013.)

 

13. 11:15 a.m.  BOARD OF MEDICINE

 

FP 2013-16
Approval

Rules Regarding Severance of Connection, Standards of Conduct and Physician Assistant Renewal Applications

(JLCAR Deadline May 20, 2013.)

 

 

14. 11:30 a.m.  DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

(a)  INT 2013-4
Approval

Former Division of Mental Health and Developmental Services

Day Services

(JLCAR Deadline July 3, 2013.  Existing rules will expire April 16, 2013.)

 

 

(b)  FP 2013-2
Postponed to 5/3/13 Continued Meeting

Former Division of Human Services

Aid to the Permanently and Totally Disabled (APTD) Cash Assistance Grant Criteria When the APTD Applicant or Recipient is Ineligible for Federal Benefits

(JLCAR Deadline May 20, 2013.)

 

 

(c)  FP 2013-15
Postponed to 5/3/13 Continued Meeting

Former Division of Human Services

Household Composition of Shared Custody of Children in the Food Stamp Program

(JLCAR Deadline May 20, 2013.)

 

 

15. 12:30 p.m.  DEPARTMENT OF EMPLOYMENT SECURITY

 

 

FP 2012-202
Postponed to 5/3/13 Continued Meeting

Employer Requirements, Quarterly Reports, Authorized Agents, Filing Requirements

(JLCAR Deadline May 20, 2013.)

 

 

OTHER BUSINESS

16. 1:00 p.m.    Other