JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JANUARY 15, 2010 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING*

 

*Room 305 is available as a work room for agencies.

 

Senate Members of JLCAR

House Members of JLCAR

Jacalyn L. Cilley

Maurice L. Pilotte

Martha Fuller Clark

Peter B. Schmidt

Amanda Merrill

Betsey L. Patten

Robert J. Letourneau

Suzanne H. Gottling

Sharon M. Carson

Alida I. Millham

Kathleen G. Sgambati (Alt.)

Laurie J. Boyce (Alt.)

Matthew S. Houde (Alt.)

Kathleen N. Taylor (Alt.)

Betsi DeVries (Alt.)

Kimberley S. Casey (Alt.)

Michael Downing (Alt.)

Tara A. Sad (Alt.)

 

David H. Kidder (Alt.)

 

in its quest to improve the committee process, the committee requests for the next few months that agency personnel please sign in and out of the meeting rooms. the purpose is to get data available for the lean process improvement project.

 

The times and order specified for the agenda and 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 am Convene and Review Minutes

8. 9:45 am FP's 2009-170, 171, & 172 Pos

 

9. 10:00 am FP 2009-163 Fis

Consent Agenda

10. 10:15 am OR 2009-179 Agr

2. 9:05 am Final Proposals

11. 1:00 pm LUNCH BREAK

3. 9:10 am Objection Responses

12. 2:00 pm OR's from 11-19-09 Meeting

4. 9:12 am Preliminary Objections

13. 2:15 pm OR's from 12-3-09 Meeting

 

14. 2:30 pm OR's from 12-17-09 Meeting

Regular Agenda

 

5. 9:13 am Postpone Items

Other Business

6. 9:15 am FP's 2009-97 & 110 Ins

15. 2:45 pm Other

7. 9:45 am INT 2009-25 He-E WITHDRAWN
Items that follow are being taken up earlier than originally scheduled.

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal


1. Convene and Review Minutes

 

JLCAR Deadlines Noted Below:

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.

 

 

CONSENT AGENDA

 

2. Committee Approval of Final Proposals:

 

 

(a) FP 2009-168

GOVERNING BOARD OF PHYSICAL THERAPISTS

Re-taking the National Physical Therapy Examination; The Board's Processing of Requests; Materials to Accompany License Application Form; Supporting Materials

(JLCAR Deadline February 4, 2010.)

 

 

(b) FP 2009-190

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

24-Month Food Stamp Certification Period for Elderly or Disabled Food Stamp Households

(JLCAR Deadline February 18, 2010.)

 

 

(c) FP 2009-192

BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS

Update to Rules on License Applications, Qualifications, Examinations, Renewals, Inspections, Operational Requirements, and Expiration

(JLCAR Deadline February 4, 2010.)

 

 

(d) FP 2009-196

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Standards Applicable to Certain New or Modified Facilities and Sources of Hazardous Air Pollutants

(JLCAR Deadline February 8, 2010.)

 

 

(e) FP 2009-197

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Durable Medical Equipment - Disposable Incontinence Supplies

(JLCAR Deadline February 15, 2010.)

 

 

3. Committee Acceptance of Agency Responses to Objections:

 

 

(No Items)

 

 

 

4. 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 December 17, 2009:

 

FP 2009-118

FISH AND GAME DEPARTMENT

Various Fish and Game Rules Relative to Practice and Procedure

(Response received 12-21-09 and confirmed 12-22-09.)

 

 

FP 2009-117

BOARD OF DENTAL EXAMINERS

Board Fees, Hygienists Duties, Renewal and Monitoring and Ethical Duties

(Response received 1-4-10 and confirmed 1-4-10.)

 

 

INT 2009-21

DEPARTMENT OF EMPLOYMENT SECURITY

Employment Services; Work Search

(Response received 12-23-09 and confirmed 12-23-09.)

 

 

INT 2009-22

DEPARTMENT OF EMPLOYMENT SECURITY

Overpayment Without Fault; Waiting Week

(Response received 12-23-09 and confirmed 12-23-09.)

 

 

Conditionally Approved January 8, 2010:

 

 

FP 2009-156

PEASE DEVELOPMENT AUTHORITY

Moorings and Anchorages

(No response yet.)

 

 

REGULAR AGENDA

 

5. Consider postponing action on certain items to another meeting.

 

 

6. INSURANCE DEPARTMENT

 

 

(a) FP 2009-97

Conditional Approval

Practices and Procedures

(JLCAR Deadline January 19, 2010.)

 

 

(b) FP 2009-110|
Conditional Approval

Life Insurance Solicitations

(JLCAR Deadline January 19, 2010.)

 

 

7. INT 2009-25

WITHDRAWN

DEPARTMENT OF HEALTH AND HUMAN SERVICES - WITHDRAWN 1/13/10; No Further Committee Action Necessary.

Division of Elderly and Adult Services

Home and Community-Based Care for the Elderly and Chronically Ill (HCBC-ECI) - Homemaker and Personal Care Services

(JLCAR Deadline March 31, 2010. Interim rule implements HB 1-A, effective July 1, 2009.)

 

 

8. POSTSECONDARY EDUCATION COMMISSION

 

 

(a) FP 2009-170
Approval

Tuition Repayment for CART Providers and Sign Language Interpreters

(JLCAR Deadline February 5, 2010.)

 

 

(b) FP 2009-171
Approval

Tuition Repayment for Large Animal Veterinarians

(JLCAR Deadline February 5, 2010.)

 

 

(c) FP 2009-172
Approval

Room and Board Scholarship for Orphans of Police and Firefighters

(JLCAR Deadline February 5, 2010.)

 

 

9. FP 2009-163

Postponed to 2/5/10 Continued Meeting

FISH AND GAME DEPARTMENT
Fish and Game Rules Relative to Off Highway Recreation Vehicles and Snowmobiles

(JLCAR Deadline February 12, 2010.)

 

 

10. OR 2009-179

Approval

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD
Weights and Measures

(JLCAR Deadline March 23, 2010. Former interim rule expired September 9, 2009.)

 

 

11. LUNCH BREAK

 

 

12. Responses to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a) OR 2008-165

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

(b) OR 2008-166

BOARD OF MENTAL HEALTH PRACTICE

Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

13. Response to Preliminary Objection Made in December 3, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a) OR 2009-116

INSURANCE DEPARTMENT

New Hampshire Long-Term Care Partnership Program

(JLCAR Deadline March 10, 2010.)

 

 

14. Remaining Responses to Preliminary Objections Made in December 17, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a) OR 2009-166

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Walk-In Care Centers

(JLCAR Deadline March 23, 2010.)

 

 

OTHER BUSINESS

 

15. Other