JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JANUARY 17, 2014 - 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 and Proposed Interim Rules:

 

 

(a) FP 2013-113
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Water

Dam Program Organizational Rules

(JLCAR Deadline February 3, 2014.)

 

 

(b) FP 2013-114
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Water

Dam Program Procedural Rules

(JLCAR Deadline February 3, 2014.)

 

 

(c) FP 2013-153
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Issuance of Financial Assistance in the Financial Assistance to Needy Families and the Adult Categories of Financial Assistance Programs

(JLCAR Deadline February 18, 2014.)

 

 

(d) FP 2013-161
Approval

DEPARTMENT OF SAFETY

Rafting Prohibition in Camp Starfish Cove on Lake Monomonac

(JLCAR Deadline February 14, 2014.)

 

 

(e) FP 2013-187
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Advanced Practice Registered Nurse (APRN) Services

(JLCAR Deadline February 18, 2014.)

 

 

(f) FP 2013-189
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Laboratory Services

(JLCAR Deadline February 18, 2014.)

 

 

(g) FP 2013-190
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Definition of "Educational Income" in the Food Stamp Program

(JLCAR Deadline February 18, 2014.)

 

 

(h) INT 2013-19
Approval

HEALTH SERVICES PLANNING AND REVIEW BOARD

Projects Not Subject to Certificate of Need (CON) Review

(JLCAR Deadline April 9, 2014. Interim rule implements provisions of 2013, 144 (HB 2-FN), effective February 1, 2014.)

 

 

(i) INT 2013-20
Approval

HEALTH SERVICES PLANNING AND REVIEW BOARD

Standards and Application for Certificate of Need (CON)

(JLCAR Deadline April 9, 2014. Interim rule implements provisions of 2013, 144 (HB 2-FN), effective February 1, 2014.)

 

 

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 December 19, 2013

 

 

FP 2013-156

INSURANCE DEPARTMENT

Early Offers for Medical Injury Claims Reporting

(Response received 12-26-13 and confirmed 12-27-13.)

 

 

FP 2013-164

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Coordinator Certification Program; Initial Generator Notification Fee

(Response received 12-20-13 and confirmed 12-23-13.)

 

 

FP 2013-102

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Waiver of Registration of Radiation Machines and Providers of Services

(Response received 12-23-13 and confirmed 12-24-13.)

 

 

FP 2013-91

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medicaid Non-Covered Services

(Response received 12-23-13 and confirmed 12-24-13.)

 

 

FP 2013-111

BOARD OF EDUCATION

Professional Credentials and Elementary Math Specialist

(Response received 1-14-14 and confirmed 1-14-14.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

 

 

(a) FP 2013-140
Conditional Approval

Application Form, Required Documents, Full Licensure of Conditional Licensees, and Eligibility Requirement for Supervisors

(JLCAR Deadline January 27, 2014.)

 

 

(b) FP 2013-141
Conditional Approval

License Renewal, Reinstatement, Supervisors.

(JLCAR Deadline January 27, 2014.)

 

 

8. 9:25 a.m. DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

FP 2013-150
Preliminary Objection

Animal Population Control Program

(JLCAR Deadline January 31, 2014. Former rules expired July 1, 2006.)

 

 

9. 9:30 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2013-115
Approval

Division of Water

Dam Program Rules

(JLCAR Deadline February 3, 2014.)

 

 

10. 9:40 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2013-186
Conditional Approval

Former Division of Mental Health and Developmental Services

Designation of Receiving Facilities

(JLCAR Deadline February 18, 2014.)

 

 

(b) FP 2013-188
Conditional Approval

Former Division of Human Services

Radiological Services

(JLCAR Deadline February 18, 2014.)

 

 

11. 9:45 a.m. BOARD OF EDUCATION

 

 

FP 2013-94
Conditional Approval

Minimum Standards for Public School Approval

(JLCAR Deadline January 17, 2014.)

(Formerly Item #12(b) on 12-19-13 agenda.)

 

 

12. 10:15 a.m. PUBLIC UTILITIES COMMISSION

 

 

(a) FP 2013-124
Conditional Approval

Tariffs and Special Contracts

(JLCAR Deadline January 21, 2014.)

(Formerly Item #13(a) on 12-19-13 agenda.)

 

 

(b) FP 2013-51
Preliminary Objection

Rules for Telephone Utilities

(JLCAR Deadline January 27, 2014.)

 

 

13. 10:45 a.m. HIGHER EDUCATION COMMISSION

 

 

FP 2013-166

Postponed to 2/7/14 Continued Meeting

Private Postsecondary Career Schools

(JLCAR Deadline February 10, 2014.)

 

 

14. 11:00 a.m. DEPARTMENT OF SAFETY

 

 

(a) FP 2013-104
Conditional Approval

Commercial Driver Licensing Rules

(JLCAR Deadline February 13, 2014.)

 

 

(b) FP 2013-105
Postponed to 2/7/14 Continued Meeting

Motorcycle Rider Education Program Rules

(JLCAR Deadline February 13, 2014.)

 

 

15. 11:15 a.m. PHARMACY BOARD

 

 

FP 2013-168
Approval with Understanding

New Hampshire Controlled Drug Prescription Health and Safety Program

(JLCAR Deadline February 10, 2014.)

 

 

16. 11:30 a.m. BANKING DEPARTMENT

 

 

(a) FP 2013-121
Postponed to 2/7/14 Continued Meeting

Amendments to Bylaws of Credit Unions

(JLCAR Deadline February 18, 2014.)

 

 

The following Final Proposal was filed under RSA 394-A:7 and is therefore exempt from JLCAR review
pursuant to RSA 541-A:21, II:

 

 

(b) FP 2013-120
Postponed to 2/7/14 Continued Meeting

Credit Union Branching and Reciprocal Branching

 

17. 11:45 a.m. DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

 

 

(a) FP 2013-130
Postponed to 2/7/14 Continued Meeting

Rules for Parks and Recreation

(JLCAR Deadline February 18, 2014.)

 

 

(b) FP 2013-131
Postponed to 2/7/14 Continued Meeting

Rules for the Reserved and Privileged Use of DRED Lands, Facilities and Resources

(JLCAR Deadline February 18, 2014.)

 

 

(c) FP 2013-132
Postponed to 2/7/14 Continued Meeting

Rules for Administrative Fines Pertaining to Violations of Recreational Use Rules

(JLCAR Deadline February 27, 2014.)

 

 

18. 12:30 p.m. DEPARTMENT OF LABOR

 

 

OR 2013-93
Postponed to 2/7/14 Continued Meeting

Whistleblowers' Protection Act Posting and Filing Procedures

(JLCAR Deadline March 25, 2014.)

(Objection Response not yet filed and not expected to be filed until after January 17, 2014.)

 

 

OTHER BUSINESS

19. 12:45 p.m. Other