JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JANUARY 15, 2016 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice Chair

Rep. Carol M. McGuire, Chair

Sen. Kevin Avard

Rep. David H. Kidder

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Dan Feltes

Rep. Tara A. Sad

Sen. David Watters

Rep. Peter B. Schmidt

Sen. Regina Birdsell (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. John Sytek (Alt.)

Sen. Gary Daniels (Alt.)

(Alt.)

Sen. Nancy Stiles (Alt.)

(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 2015-177
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Aid to the Needy Blind

(JLCAR Deadline February 16, 2016.)

 

 

(b) FP 2015-187
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Diplomatic Exemptions on Meals and Rentals Tax

(JLCAR Deadline February 18, 2016.)

 

 

(c) FP 2015-188
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Example of a Transfer of Interest in Real Estate Holding Companies

(JLCAR Deadline February 18, 2016.)

 

 

(d) FP 2015-189
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Medical Assistance Services Provided by Education Agencies, Purpose, Child Eligibility,
and Waiver

(JLCAR Deadline February 16, 2016.)

 

 

(e) FP 2015-190
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Verification Requirements for Employment Expense Disregards and Impairment Related to Work Expenses for Adult Cash and Medical Assistance Categories

(JLCAR Deadline February 16, 2016.)

 

 

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

 

 

(No items)

 

 

 

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 November 19, 2015:

 

 

FP 2014-189

BOARD OF EDUCATION

Child Restraint Practices

(Response received 12-15-15 and confirmed 12-18-15.)

 

 

FP 2015-135

BOARD OF EDUCATION

Minimum Standards for Public School Approval

(Response received 12-15-15 and confirmed 12-21-15.)

 

 

Conditionally Approved December 17, 2015:

 

 

FP 2015-86

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Sludge Management

(Response received 12-21-15 and confirmed 12-21-15.)

 

 

FP 2015-139

BOARD OF MENTAL HEALTH PRACTICE

Pre-licensure Supervised Practice

(Response not yet received. Response deadline is January 22, 2016.)

 

 

FP 2015-179

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Use of Byproduct Material in the Healing Arts

(Response received 12-22-15 and confirmed 12-23-15.)

 

 

INT 2015-16

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Alternative Benefit Plan and Premium Assistance Program

(Response received 12-29-15 and confirmed 12-30-15.)

 

 

INT 2015-15

DEPARTMENT OF SAFETY

Interim Prepaid Commercial Mobile Radio Service Surcharge Rules

(Response received 12-22-15 and confirmed 12-23-15.)

 

 

FP 2015-147

DEPARTMENT OF SAFETY

Dealer Registration Rules

(Response received 12-22-15 and confirmed 12-23-15.)

 

 

FP 2015-156

INSURANCE DEPARTMENT

Minimum Standards for Medicare Supplement Policies Issued Prior to Adoption of Insurance Regulation 1905

(Response received 12-28-15 and confirmed 12-28-15.)

 

 

FP 2015-157

INSURANCE DEPARTMENT

Standards for Safeguarding Customer Information

(Response received 12-28-15 and confirmed 12-28-15.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. BOARD OF MENTAL HEALTH PRACTICE

 

 

FP 2015-154
Approval with Recommendation

Purpose and Scope and Composition of the Board

(JLCAR Deadline January 15, 2016. Former rules expired July 1, 2014.)

(Formerly Item #15 on 12-17-15 agenda.)

 

 

8. 9:25 a.m. FISH AND GAME DEPARTMENT

 

 

FP 2015-160
Conditional Approval with Recommendation

Live Bait and the Importation, Possession, and Use of All Wildlife

(JLCAR Deadline January 15, 2016.)

(Formerly Item #12(b) on 12-17-15 agenda.)

 

 

9 9:30 a.m. DEPARTMENT OF TRANSPORTATION

 

 

FP 2015-108
Conditional Approval with Understanding

Construction Aid and Relocation Services

(JLCAR Deadline January 15, 2016. Portion of the rules expired February 17, 2015.)

(Formerly Item #14 on 12-17-15 agenda.)

 

 

10 9:40 a.m. COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION

 

 

FP 2015-174
Conditional Approval

Establishment, Operation and Administration of the College Tuition Savings Plan

(JLCAR Deadline January 19, 2016.)

(Formerly Item #16(a) on 12-17-15 agenda.)

 

 

11. 9:50 a.m. DEPARTMENT OF EMPLOYMENT SECURITY

 

 

FP 2015-115
Approval

Employment and Independent Contract Reports to the Department of Employment Security (JLCAR Deadline January 21, 2016.)

 

 

12. 10:00 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2015-125
Conditional Approval

Water Quality and Quantity Programs

Groundwater Discharge Permits and Registrations

(JLCAR Deadline February 1, 2016.)

 

 

13. 10:10 a.m. DEPARTMENT OF LABOR TO BE POSTPONED; WAIVER REQUEST NECESSARY

 

 

FP 2015-165

Postponed to 2/19/16
Regular Meeting

Workers Compensation Claims

(JLCAR Deadline January 25, 2016.)

 

 

14. 10:15 a.m. BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

 

 

FP 2015-184
Conditional Approval

Apprentice Applications & Instructors, School Instructor License, School Equipment, Licensee, Individuals Licensed in Another State, Renewals, Violation Points

(JLCAR Deadline January 28, 2016.)

 

 

15. 10:25 a.m. REAL ESTATE COMMISSION

 

 

INT 2016-1
Approval

Filing Requirements, Dishonored Checks, Drafts, or Money Orders, Accreditations and Re-Accreditations, Trust Accounts, and Cooperating Agreements

(JLCAR Deadline April 6, 2016. Former rules expired May 1, 2015.)

 

 

16. 10:30 a.m. DEPARTMENT OF REVENUE ADMINISTRATION

 

 

FP 2015-191
Conditional Approval

Business Enterprise Tax

(JLCAR Deadline February 18, 2016.)

 

 

17. 10:40 a.m. BOARD OF NURSING

 

 

(a) OR 2015-120
Approval

Nursing Education Program Approval

(JLCAR Deadline March 16, 2016.)

 

 

(b) Discussion on the following emergency rule of the Board:

 

 

No Further Action

Ethical Conduct Standards and General Ethical Standards

Document #10995, effective December 18, 2015

 

 

18. 10:50 a.m. Discussion on the following emergency rule:

 

 

No Further Action

BOARD OF DENTAL EXAMINERS

Emergency Rules for Opioid Prescribing

Document #11013, effective January 5, 2016

 

 

19. 11:00 a.m. DEPARTMENT OF SAFETY

 

 

(a) INT 2015-14
Postponed to 2/19/16
Regular Meeting

Interim Certification for Additional Truck Weights Rules

(JLCAR Deadline March 9, 2016. Former rules expired September 29, 2015.)

(Formerly Item #9(a) on 12-17-15 agenda.)

 

(b) Discussion on the following emergency rule adopted and filed in response to the Committee's rulemaking petition for an emergency rule to amend Saf-C 3200:

 

 

No Further Action

Motor Vehicle Inspection Requirements Emergency Rule

Document #11018, effective January 7, 2016

 

20. 11:20 a.m. Discussion on the response to the following Committee rulemaking petition:

 

 

No Further Action

Petition on December 3, 2015 to the Site Evaluation Committee for rules in Site 300 relative to suspension and revocation of certificates.

 

 

21. 11:30 a.m. Public hearing on proposed amendments to the Drafting and Procedure Manual for Administrative Rules.

Further consideration at subsequent meeting

 

OTHER BUSINESS

22. 12:30 p.m.