JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JANUARY 16, 2009 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

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

William P. Denley

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.)

(Alt.)

Sharon M. Carson (Alt.)

(Alt.)

 

 

 

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. 10:15 am FP 2008-227 He-W

 

9. 10:30 am FP's 2008-209, 211, & 212 Emp

Consent Agenda

& Disc. on ER

2. 9:05 am Final Proposals

10. 11:30 am FP's 2008-230 thru 234 Saf-C

3. 9:10 am Objection Responses

11. 1:00 pm LUNCH BREAK

4. 9:12 am Preliminary Objections

12. 2:00 pm OR's from 1-9-09 Meeting

 

 

Regular Agenda

Other Business

5. 9:13 am Postpone Items

13. 2:15 pm Other

6. 9:15 am INT's 2008-45, 46, & 47 Cor

 

7. 9:30 am FP 2008-192 Env-Hw

 

 

 

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 and Proposed Interim Rules:

 

 

(a) FP 2008-169

Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Request for Board's Approval for Reasonable Accommodation for Disability in the Administration of the National Physical Therapy Examination

(JLCAR Deadline January 19, 2009.)

 

 

(b) FP 2008-199

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Waste Management

Control of Aboveground Petroleum Storage Facilities Amendments

(JLCAR Deadline February 16, 2009.)

 

 

(c) FP 2008-207

Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Part-time Work Information

(JLCAR Deadline Februrary 13, 2009.)

 

 

(d) FP 2008-208

Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Part-Time Availability and Shift Availability

(JLCAR Deadline February 13, 2009).

 

 

(e) FP 2008-210

Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Employer Requirements; Records and Reports

(JLCAR Deadline February 13, 2009.)

 

 

(f) FP 2008-213

Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Medicaid-Covered Home and Community-Based Care Services for Persons with Developmental Disabilities and Acquired Brain Disorders

(JLCAR Deadline February 16, 2009.)

 

 

(g) FP 2008-220

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Child Care Provider Payment Rates

(JLCAR Deadline February 6, 2009.)

 

 

(h) FP 2008-226

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Eligibility for Adult Categories of Assistance When Living in a Residential Care Facility, Community Residence, or Family Residence

(JLCAR Deadline February 16, 2009.)

 

 

(i) FP 2008-228

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Service Limits, Co-Payments, and Non-Covered Services

(JLCAR Deadline February 16, 2009.)

 

 

(j) FP 2008-229

Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Secure Psychiatric Unit Transfers

(JLCAR Deadline February 16, 2009.)

 

 

(k) FP 2008-235

Approval

DEPARTMENT OF SAFETY

Automotive Oil Fee Fund Rules

(JLCAR Deadline February 16, 2009.)

 

 

(l) INT 2008-44

Approval

DEPARTMENT OF SAFETY

Interim Electronic Toll Collection Hearings

(JLCAR Deadline March 19, 2009. Implements HB 1604-FN (Chapter 84), effective January 1, 2009.)

 

 

3. Committee Acceptance of Agency Responses to Objections:

 

 

OR 2008-181

BOARD OF MEDICINE

Fees Established by the Board and Standards of Conduct for Physicians Licensed in New Hampshire

(JLCAR Deadline March 27, 2009. But this proposal has been withdrawn. No further Committee action is necessary.)

 

 

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 November 6, 2008:

 

FP 2008-131

POSTSECONDARY EDUCATION COMMISSION

Rules Governing the Evaluation of Institutions of Higher Learning

(Response not received yet.)

 

 

Conditionally Approved December 18, 2008:

 

 

FP 2008-172

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification Payment Standards for Transportation Service Providers

(Response received 12-31-08 and confirmed 12-31-08.)

 

 

FP 2008-113

BOARD OF SPEECH LANGUAGE PATHOLOGY

Continued Status

(Response received 1-12-09 and confirmed 1-12-09.)

 

 

FP 2008-193

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

Fee Schedule and Continuing Education Requirements

(Response not received yet.)

 

 

Conditionally Approved January 9, 2009:

 

 

FP 2008-186

BOARD OF NURSING

Various Provisions Related to: Qualifications, Examinations, Renewals, On-going Requirements, Nursing and Nursing Assistant Education Programs, Nursing Education Program Fees, and LNA Medication Administration Certification

(Response not received yet.)

 

 

FP 2008-124

INSURANCE DEPARTMENT

Suitability in Annuity Transactions

(Response not received yet.)

 

 

FP 2008-174

INSURANCE DEPARTMENT

Medical Malpractice Liability Insurance

(Response not received yet.)

 

 

REGULAR AGENDA

 

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

 

 

6. DEPARTMENT OF CORRECTIONS

 

 

(a) INT 2008-45

Approval

Practice and Procedure

(JLCAR Deadline April 9, 2009. Existing rules will expire February 6, 2009.)

 

 

(b) INT 2008-46

Approval

Operation and Management of Correctional Department Activities

(JLCAR Deadline April 9, 2009. Existing rules will expire February 6, 2009.)

 

 

(c) INT 2008-47

Approval

Offender Classification

(JLCAR Deadline April 9, 2009. Existing rules will expire February 6, 2009.)

 

 

7. FP 2008-192

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste - Identification; Requirements for Generators, Transporters, Facility Owners/Operators, Recycling; Inspection/Enforcement; HW Cleanup Fund; Universal Waste

(JLCAR Deadline February 13, 2009. Existing interim rules will expire January 28, 2009.)

 

 

8. FP 2008-227

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

General Program Information Surveillance and Utilization Review and Control

(JLCAR Deadline February 16, 2009.)

 

 

9. DEPARTMENT OF EMPLOYMENT SECURITY

 

(a) FP 2008-209

Approval

Appeal to and Hearing by Appeal Tribunal; Format of Documents;

Delivery of Documents

(JLCAR Deadline February 13, 2009.)

 

 

(b) FP 2008-211

Conditional Approval

Form; Dishonored and Application; Interest on Overpayments; Electronic Communications

(JLCAR Deadline February 13, 2009.)

 

 

(c) FP 2008-212

Approval

Claimant Requirements; Registration for Work and Filing of Claims;

Reduction and Withholding of Benefits

(JLCAR Deadline February 13, 2009.)

 

 

(d) Discussion on the following emergency rule effective January 9, 2009 (Doc. #9359):

No Further Action

 

 

Emp 501.04 Time and Place for Filing Confirmed Claims and Emp 501.13 Claims Filed Over the Internet

 

 

10. DEPARTMENT OF SAFETY

 

 

(a) FP 2008-230

Approval

Oil Pollution Control License Rules

(JLCAR Deadline February 16, 2009. Former rules expired August 22, 2008.)

 

 

(b) FP 2008-231

Approval

Oil Discharge and Disposal License Rules

(JLCAR Deadline February 16, 2009. Former rules expired March 28, 2008)

 

 

(c) FP 2008-232

Approval

Fuel Oil Discharge Cleanup Fund Rules

(JLCAR Deadline February 16, 2009. Former rules expired May 24, 2008.)

 

 

(d) FP 2008-233

Approval

Motor Carriers of Passengers Rules

(JLCAR Deadline February 16, 2009. Former rules expired June 23, 2008.)

 

 

(e) FP 2008-234

Approval

Carriage of Household Goods by Motor Vehicles Rules

(JLCAR Deadline February 16, 2009. Former rules expired June 23, 2008.)

 

 

11. LUNCH BREAK

 

 

12. Responses to Preliminary Objections Made in January 9, 2009 Meeting But Not Yet Received by Committee

Staff:

 

 

OR 2008-163

BOARD OF VETERINARY MEDICINE

Administrative Rules Vet 200-700

(JLCAR Deadline April 20, 2009.)

 

 

OTHER BUSINESS

 

13. Other