JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JANUARY 17, 2020 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice-Chair

Rep. William A. Hatch, Chair

Sen. Jeanne Dietsch

Rep. Kathleen Hoelzel

Sen. Jay Kahn

Rep. Carol M. McGuire

Sen. Ruth Ward

Rep. Peter B. Schmidt

Sen. David Watters

Rep. Kermit Williams

Sen. Regina Birdsell (Alt.)

Rep. Alan Bershtein (Alt.)

Sen. Shannon Chandley (Alt.)

Rep. Timothy Fontneau (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. David Karrick (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Timothy Lang (Alt.)

Sen. James Gray (Alt.)

Rep. Dianne E. Schuett (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, Seating of Alternates, 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

EXIR Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

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

 

 

(a) FP 2019-128

Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Organizational and Procedural Rules

(JLCAR Deadline February 3, 2020.)

 

 

(b) FP 2019-129

Approval

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Organizational and Procedural Rules

(JLCAR Deadline February 3, 2020.)

 

 

(c) FP 2019-178

Postponed to
February 21, 2020
Regular Meeting

BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

School and Shop Requirements, Licensee Standards, Fines, and Inspection Notices

(JLCAR Deadline February 18, 2020.)

 

 

(d) FP 2019-185

Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Claimant Requirements

(JLCAR Deadline February 14, 2020.)

 

 

(e) FP 2019-186

Approval

INSURANCE DEPARTMENT

Organizational Rules

(JLCAR Deadline January 27, 2020.)

 

 

(f) FP 2019-203

Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Business Profits Tax Corrections Regarding Federal Refund Subject to Joint Committee on Taxation Review

(JLCAR Deadline February 18, 2020.)

 

 

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

 

 

(a) FP 2019-201

Conditonal Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Further Amendments to Adopted Wetlands Rules

(JLCAR Deadline February 18, 2020.)

 

 

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 7, 2019:

 

 

FP 2019-67

REAL ESTATE COMMISSION

Amendments to Organizational Rules, Practice and Procedural Rules, Licensing

Requirements, and Continued Status

(Response received December 20, 2019 and confirmed January 2, 2020.)

 

 

FP 2019-72

PHARMACY BOARD

Investigations

(Response received December 20, 2019 and confirmed January 2, 2020.)

 

 

Conditionally Approved November 21, 2019:

 

 

FP 2019-92

LIQUOR COMMISSION

Direct Shipping

(Response received December 6, 2019 and confirmed December 23, 2019.)

 

 

FP 2019-148

PASSENGER TRAMWAY SAFETY BOARD

Passenger Tramway Safety Rules

(Response received December 20, 2019 and confirmed December 23, 2019.)

 

 

Conditionally approved December 19, 2019:

 

 

FP 2019-157

LOTTERY COMMISSION

Sports Wagering

(Converted to preliminary objection pursuant to RSA 541-A:13, V(a). Objection response is due February 3, 2020. JLCAR Deadline March 24, 2020.)

 

 

FP 2019-164

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Permit Application Forms

(Response received December 20, 2019 and confirmed December 24, 2019.)

 

 

FP 2019-167

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Amendments to Adopted Wetlands Rules

(Response received December 20, 2019 and confirmed December 20, 2019.)

 

 

FP 2019-168

DEPARTMENT OF SAFETY

Commissioner

Incident Command System

(Response received December 23, 2019 and confirmed December 24, 2019.)

 

 

FP 2019-182

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Office of Alcohol and Drug Abuse Prevention

Voluntary Registry for Recovery Houses

(Response received December 19, 2019 and confirmed January 3, 2020.)

 

 

FP 2019-183

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Carbon Dioxide (CO2) Budget Trading Program

(Response received December 20, 2019 and confirmed December 23, 2019.)

 

 

INT 2019-33

DEPARTMENT OF SAFETY

Commissioner

Interim Various Road Toll Administration Rules

(Response received December 23, 2019 and confirmed December 24, 2019.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) FP 2019-163

Approval

Air Related Programs

Conformity

(JLCAR Deadline January 24, 2020.)

 

 

(b) Discussion on the following emergency rule:

 

 

ER (Doc. #12949)

Petition for Repeal

Water Quality and Quantity Programs

Amendment to Criteria for Issuance of AOT Permits

(Effective December 20, 2019. Scheduled to expire June 17, 2020.)

 

 

(c) Discussion on the following emergency rule:

 

ER (Doc. #12956)

No Further Action

Wetlands Programs

Amendments to Required Planning, When Delineation Not Required

(Effective December 23, 2019. Scheduled to expire June 20, 2020.)

 

 

8. 9:40 a.m. BOARD OF PSYCHOLOGISTS

 

 

FP 2019-135

Postponed to
February 21, 2020
Regular Meeting
Waiver Requested

Informal Resolution, Post-Doctoral Supervision, Application Process,

Temporary License Application, and Written Applications

(JLCAR Deadline January 27, 2020.)

 

 

9. 9:45 a.m. BOARD OF ACUPUNCTURE LICENSING

 

 

FP 2019-160

Conditional Approval

Application Process, Renewal, and Continuing Education Units

(JLCAR Deadline January 27, 2020.)

 

 

10. 9:50 a.m. PHARMACY BOARD

 

 

OR 2019-74

Revised Objection

Inspections

(JLCAR Deadline February 11, 2020.)

 

 

11. 10:00 a.m. BOARD OF ACCOUNTANCY

 

 

OR 2019-107

Accepted/Approved

with Petition

Application for Initial Certification, Reciprocity, and Return to Active Practice

(JLCAR Deadline March 2, 2020.)

 

 

12. 10:20 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2019-145

Preliminary Objection/Accepted

Former Division of Public Health Services

Lead Poisoning Prevention and Control

(JLCAR Deadline February 18, 2020.)

 

 

(b) FP 2019-181

Conditional Approval

Former Division of Public Health Services

End Stage Renal Disease Dialysis Centers

(JLCAR Deadline February 3, 2020. Interim rules will expire January 16, 2020.)

 

 

(c) INT 2020-1

Approved with Suggestion & Recommendation

Commissioner

Operating Standards for Youth Recreation Camps and Youth Skills Camps

(JLCAR Deadline April 8, 2020. Rule implements HB 4 (2019, 346:131-138), effective January 1, 2020.)

 

 

13. 10:40 a.m. DEPARTMENT OF NATURAL AND CULTURAL RESOURCES

 

OR 2019-155

Accepted/Approved

Natural Heritage Program Rules

(JLCAR Deadline March 24, 2020. Former interim rules expired January 6, 2020.)

(Response not yet filed. Response due by February 3, 2020.)

 

 

14. 10:45 a.m. LOTTERY COMMISSION

 

 

OR 2019-157

Accepted/Approved

Sports Wagering

(JLCAR Deadline March 24, 2020. Converted from conditional approval made on December 19, 2019.)

(Response not yet filed. Response due by February 3, 2020.)

 

 

15. 10:50 a.m. BANKING DEPARTMENT

 

Discussion on the following emergency rule:

 

 

ER (Doc. #12970)

No Further Action

Public Deposit Investment Pool

(Effective January 9, 2020. Scheduled to expire July 7, 2020.)

 

 

OTHER BUSINESS

 

16. 11:00 a.m.