JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JANUARY 18, 2007 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

Martha Fuller Clark

Maurice L. Pilotte

Jacalyn L. Cilley

Peter B. Schmidt

Betsi DeVries

Bonnie G. Mitchell

Robert J. Letourneau

Betsey L. Patten

Michael Downing

James R. MacKay

Iris W. Estabrook (Alt.)

John DeJoie (Alt.)

Kathleen G. Sgambati (Alt.)

James F. Powers (Alt.)

Peter Hoe Burling (Alt.)

Kimberley S. Casey (Alt.)

Joseph D. Kenney (Alt.)

Sharon M. Carson (Alt.)

Peter E. Bragdon (Alt.)

Alida I. Millham (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

10. 10:40 am FP's 2006-113 & 114 Hum

 

11. 10:45 am FP's 2006-146 & 147 Env-Or

Consent Agenda

12. 11:45 am OR 2006-154 Pari

2. 9:05 am Final Proposals

13. 12:15 pm INT 2007-1 Ac

3. 9:10 am Objection Responses

14. 1:00 pm LUNCH BREAK

4. 9:12 am Preliminary Objections

15. 2:00 pm FP 2006-81 Nur

 

16. 2:45 pm FP 2006-165 Saf-C

Regular Agenda

17. 3:15 pm FP 2006-117 Rev

5. 9:15 am Postpone Items

18. 3:45 pm FP 2006-153 Tra

6. 9:20 am FP's 2006-140 & 164 & INT 2006-47 He-P

19. 4:00 pm OR's from 1-5-07 Meeting

and Disc. on ER He-C

 

7. 10:00 am FP 2006-119 Fis

Other Business

8. 10:15 am INT 2006-42 Puc

20. 4:15 pm Other

9. 10:30 am FP 2006-137 Nat

 

 

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER Emergency Rule

INT Interim Rule


 

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 2006-95

Approval

REAL ESTATE COMMISSION

Organizational Definitions

(JLCAR Deadline February 9, 2007.)

 

 

(b) FP 2006-96

Approval

REAL ESTATE COMMISSION

Adjustment by Conciliation Procedures

(JLCAR Deadline February 9, 2007.)

 

 

(c) FP 2006-97

Approval

REAL ESTATE COMMISSION

Fees, Filing Requirements, Accreditation Requirements, Examinations & Reciprocity

(JLCAR Deadline February 9, 2007.)

 

 

(d) FP 2006-98

Approval

REAL ESTATE COMMISSION

Brokerage Contracts

(JLCAR Deadline February 9, 2007.)

 

 

(e) FP 2006-99

Approval

REAL ESTATE COMMISSION

Agency Code of Ethics

(JLCAR Deadline February 9, 2007.)

 

 

(f) FP 2006-100

Approval

REAL ESTATE COMMISSION

Agency & Non-Agency Disclosure, Trust Accounts and Cooperating Brokerage Agreements

(JLCAR Deadline February 9, 2007.)

 

 

(g) FP 2006-112

Approval

COMMISSION FOR HUMAN RIGHTS

Organization

(JLCAR Deadline January 29, 2007.)

 

 

(h) FP 2006-135

Approval

NATUROPATHIC BOARD OF EXAMINERS

Fees

(JLCAR Deadline February 19, 2007.)

 

 

(i) FP 2006-136

Approval

NATUROPATHIC BOARD OF EXAMINERS

Biennial Renewal

(JLCAR Deadline February 19, 2007.)

 

 

(j) FP 2006-156

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Eligibility and the Process of Providing Services

(JLCAR Deadline February 19, 2007.)

 

 

3. Committee Acceptance of Agency Responses to Objections:

 

 

(a) OR 2006-123

Accepted/Approved

 

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Livestock Events

(JLCAR Deadline April 11, 2007. Former regular rules expired
August 21, 2006.)

 

 

(b) OR 2006-151

Accepted/Approved

DEPARTMENT OF SAFETY

2006 Watercraft Restriction Rules

(JLCAR Deadline March 27, 2007.)

 

4. Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(Selected items)

 

 

REGULAR AGENDA

 

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

 

 

6. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2006-140

Approval

Former Division of Public Health Services

Financial Assistance to Partially Fund Towns or Cities for Mosquito Control Activities

(JLCAR Deadline January 22, 2007. Former emergency rules expired January 13, 2007.)

(Formerly Item #15(d) on 1-5-07 agenda.)

 

 

(b) FP 2006-164

Approval with Recommendation

Former Division of Public Health Services

Requirements for the Control of Radiation and Use of Radioactive Material

(JLCAR Deadline February 19, 2007. Existing interim rules expire February 2, 2007.)

 

 

(c) INT 2006-47

Approval with Understanding

Former Division of Public Health Services

Requirements for the Control of Radiation and Use of Radioactive Material

(JLCAR Deadline March 29, 2007. Existing regular rules expire February 1, 2007.)

 

 

(d) Discussion on the following emergency rule effective January 1, 2007:

 

 

Document #8784

No Further Action

Commissioner

Assessment and Evaluation of Persons Eligible for Involuntary Civil Commitment as Sexually Violent Predators

(No JLCAR Deadline. Emergency rule will expire June 30, 2007. JLCAR may only petition for repeal, if appropriate, pursuant to RSA 541-A:18, IV.)

 

 

NOTE: The following final proposal listed on the agenda in the January 12, 2007 Rulemaking Register was incomplete and will be re-filed for the February 16, 2007 meeting:

 

 

FP 2006-161

Commissioner

Adoption Subsidies

(JLCAR Deadline February 19, 2007.)

 

 

7. FP 2006-119

Approval

FISH AND GAME DEPARTMENT

Use of Leashed Dogs for Tracking Big Game Animals

(JLCAR Deadline January 22, 2007.)

(Formerly Item #19(a) on 1-5-07 agenda.)

 

 

8. INT 2006-42

Approval with Understanding

PUBLIC UTILITIES COMMISSION

N.H. Code for Energy Conservation in New Building Construction

(JLCAR Deadline March 8, 2007. Existing regular rules will expire February 1, 2007.)

(Formerly Item #20 on 1-5-07 agenda.)

 

 

9. FP 2006-137

Approval

NATUROPATHIC BOARD OF EXAMINERS

Revocation, Suspension, and Other Sanctions

(JLCAR Deadline February 19, 2007.)

 

 

10. COMMISSION FOR HUMAN RIGHTS

 

 

(a) FP 2006-113

Approval

Proceedings Prior to Public Adjudicative Hearing

(JLCAR Deadline January 29, 2007.)

 

 

(b) FP 2006-114

Approval

Public Adjudicative Hearings and Other Practices and Procedures.

(JLCAR Deadline January 29, 2007.)

 

 

11. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) FP 2006-146

Conditional Approval

Oil and Remediation Programs

Contaminated Site Management and Groundwater Release Detection Permits

(JLCAR Deadline January 29, 2007.)

 

 

(b) FP 2006-147

Approval

Oil and Remediation Programs

Brownfields Program under RSA 147-F

(JLCAR Deadline January 29, 2007.)

 

 

12. OR 2006-154

Final Objection

PARI-MUTUEL COMMISSION

Games of Chance

(JLCAR Deadline April 30, 2007. Existing interim rules will expire January 21, 2007.)

 

 

13. INT 2007-1

Approval with Recommendation

BOARD OF ACCOUNTANCY

Rules of the Board of Accountancy (Except Fees).

(JLCAR Deadline April 12, 2007. Former regular rules expired December 4, 2006.)

 

 

14. LUNCH BREAK

 

 

 

15. FP 2006-81

Postponed to 2/2/07 Continued Meeting

BOARD OF NURSING

Licensing Requirements; Continued Status; Ethical Standards; Education; Nursing Assistants; Certificate of Medication Administration for Licensed Nursing Assistants and Medication Administration Education Program

(JLCAR Deadline February 5, 2007. Former interim rules expired December 21, 2006.)

 

 

16. FP 2006-165

Postponed to 2/2/07 Continued Meeting

DEPARTMENT OF SAFETY

Plea by Mail and Telephone Rules

(JLCAR Deadline February 22, 2007. Former regular rules expired November 25, 2006.)

 

 

17. FP 2006-117

Postponed to 2/2/07 Continued Meeting

DEPARTMENT OF REVENUE ADMINISTRATION

Definition of Manual; Equalization Manual; Forms and Data Sheets

(JLCAR Deadline February 19, 2007.)

 

 

18. FP 2006-153

Postponed to 2/2/07 Continued Meeting

DEPARTMENT OF TRANSPORTATION

Relocation Assistance

(JLCAR Deadline February 19, 2007.)

 

 

19. Remaining Responses to Preliminary Objections made in January 5, 2007 Meeting But Not Yet Received by Committee Staff.

 

(a) OR 2006-134

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Durable Medical Equipment, Prosthetic and Orthotic Devices, and Medical Supplies

(JLCAR Deadline April 20, 2007. Former regular rules expired December 29, 2003.)

 

 

(b) OR 2006-150

BOARD OF MEDICINE

Rules Regarding Practice and Procedures for Physicians Licensed in New Hampshire

(JLCAR Deadline April 20, 2007. Existing interim rules expired December 13, 2006.)

 

 

OTHER BUSINESS

 

20. Other