JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JANUARY 20, 2006 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Robert B. Flanders

Betsey L. Patten, Vice Chair

Robert E. Clegg

Kathleen N. Taylor

Robert J. Letourneau

Janet G. Wall

Iris W. Estabrook

Elbert I. Bicknell

Martha Fuller Clark

Nelson S. Allan

Bob Odell (Alt.)

Sharon M. Carson (Alt.)

Peter E. Bragdon (Alt.)

Alida I. Millham (Alt.)

Andre A. Martel (Alt.)

Maurice L. Pilotte (Alt.)

Sylvia B. Larsen (Alt.)

Cynthia J. Dokmo (Alt.)

Lou D'Allesandro (Alt.)

Bonnie G. Mitchell (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

12. 12:00 pm FP 2005-179 Ed

 

13. 12:15 pm INT's 2006-2, 3, & 4 Emp

Consent Agenda

14. 1:00 pm LUNCH BREAK

2. 9:05 am Final Proposals

15. 2:00 pm FP's 2005-183 thru 186 Pos

3. 9:10 am Objection Responses

16. 2:30 pm FP 2005-194 Pes

4. 9:15 am Preliminary Objections

17. 2:45 pm FP 2005-176 Ins

 

18. 3:00 pm FP 2005-203 Rev

Regular Agenda

19. 3:20 pm FP's 2005-210 He-P, 2005-205 He-C,

5. 9:17 am Postpone Items

2005-206, 207, 208 He-W, &
2005-117 He-M, OR 2005-152 He-P

6. 9:20 am INT 2006-1 & FP's 2005-175 & 199 Saf-C

20. 4:30 pm OR's from 11-17-05 Meeting

7. 9:45 am INT's 2005-32 & 33 Ban

21. 4:45 pm OR's from 12-15-05 Meeting

8. 10:20 am FP 2005-140 Bar

22. 5:00 pm OR's from 12-22-05 Meeting

9. 10:40 am FP 2005-159 Ph

 

10. 11:10 am FP 2005-105 Nat

Other Business

11. 11:30 am FP 2005-211 He-E

23. 5:15 pm Other

 

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 2005-180

Approval

BOARD OF EDUCATION

Renovating Regional Vocational Technical Centers

(JLCAR Deadline January 30, 2006.)

 

 

(b) FP 2005-181 Approval

DEPARTMENT OF SAFETY

Electronic Toll Collection Hearings

(JLCAR Deadline January 23, 2006.)

 

 

(c) FP 2005-195 Approval

DEPARTMENT OF ADMINISTRATIVE SERVICES

Revised Organizational Rules

(JLCAR Deadline February 17, 2006.)

 

 

(d) FP 2005-197 Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Air Resources

Air Definition Amendment - Volatile Organic Compounds

(JLCAR Deadline February 20, 2006.)

 

 

(e) FP 2005-198 Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Day Services

(JLCAR Deadline February 20, 2006.)

 

 

(f) INT 2005-31 Approval

FISH AND GAME DEPARTMENT

Hunter Safety/Free Fishing Day

(JLCAR Deadline March 23, 2006. Former regular rules expired January 22, 2005 and May 21, 2005.)

 

 

NOTE: The following Final Proposal would have been on the Consent Agenda but was automatically approved after January 16, 2006 pursuant to RSA 541-A:13, II(e):

 

 

FP 2005-190

Automatic Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Treatment of Income in the Food Stamp Program

(JLCAR Deadline January 16, 2006.)

 

 

3. Committee Acceptance of Agency Responses to Objections:

 

(Selected Items)

 

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 SAFETY

 

(a) INT 2006-1
Approval

Dealer Registration Rules

(JLCAR Deadline April 13, 2006. Former regular rules expired Janaury 1, 2006.)

 

 

(b) FP 2005-175
Conditional Approval

Stair Configuration Amendment and Licensing of Pyrotechnician Rules

(JLCAR Deadline February 3, 2006.)

 

 

(c) FP 2005-199

Conditional Approval

Toll-Free Hotline for Drug-Free School Zone

(JLCAR Deadline February 20, 2006.)

 

7. BANKING DEPARTMENT

 

(a) INT 2005-32

Approval

General Requirements: Licensees

(JLCAR Deadline April 6, 2006. Some former rules expired August 10, 2003, August 3, 2004, February 26, 2005, August 6, 2005, and November 27, 2005. Amendments due to SB 273-FN (Chapter 255 of Laws of 2005), effective September 12, 2005.)

 

 

(b) INT 2005-33

Approval

Mortgage Bankers and Brokers

(JLCAR Deadline April 6, 2006. Amendments due to SB 273-FN (Chapter 255 of Laws of 2005), effective September 12, 2005.)

 

 

8. FP 2005-140

Objection

BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

Application Procedures, Licensing Requirements, and Renewal Form

(JLCAR Deadline January 23, 2006.)

 

 

9. FP 2005-159

Conditional Approval

PHARMACY BOARD

Amendments to Existing Rules Regulating Pharmacists and Technicians

(JLCAR Deadline January 23, 2006.)

 

 

10. FP 2005-105

Conditional Approval

NATUROPATHIC BOARD OF EXAMINERS

Continued Status

(JLCAR Deadline January 26, 2006.)

 

 

11. FP 2005-211

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Nursing Facilities Reimbursement

(JLCAR Deadline February 20, 2006.)

 

 

12. FP 2005-179

 

Conditional Approval

BOARD OF EDUCATION

Dropout Prevention and Recovery Program

(JLCAR Deadline January 30, 2006.)

 

 

13. DEPARTMENT OF EMPLOYMENT SECURITY

 

(a) INT 2006-2

Approval

Records to be Kept by Each Employing Unit and Each Employer.

(JLCAR Deadline April 13, 2006. Amendments due to HB 170 (Chapter 239 of the Laws of 2005), effective January 1, 2006.)

 

 

(b) INT 2006-3

Conditional Approval

Payment Vouchers, Mass Layoffs, Part-Time Work Information

(JLCAR Deadline April 13, 2006. Amendments due to HB 170 (Chapter 239 of the Laws of 2005), effective January 1, 2006.)

 

(c) INT 2006-4

Approval

Part-time Availability and Shift Availability

(JLCAR Deadline April 13, 2006. Amendments due to HB 170 (Chapter 239 of the Laws of 2005), effective January 1, 2006.)

 

 

14. LUNCH BREAK

 

15. POSTSECONDARY EDUCATION COMMISSION

 

(a) FP 2005-183

Postponed to 2/3/06 Continued Meeting

New Hampshire Incentive Program

(JLCAR Deadline February 6, 2006.)

 

 

(b) FP 2005-184

Postponed to 2/3/06 Continued Meeting

Workforce Incentive Program

(JLCAR Deadline February 6, 2006.)

 

(c) FP 2005-185

Postponed to 2/3/06 Continued Meeting

Leveraged Incentive Grant Program

(JLCAR Deadline February 6, 2006.)

 

 

(d) FP 2005-186

Postponed to 2/3/06 Continued Meeting

Scholarship for Orphans of Veterans

(JLCAR Deadline February 6, 2006.)

 

16. FP 2005-194

Postponed to 2/3/06 Continued Meeting

PESTICIDE CONTROL BOARD

Examination Grades & Retakes, Conditions for Granting Special Permits & Restricted Use Materials

(JLCAR Deadline February 6, 2006.)

 

 

17. FP 2005-176

Postponed to 2/3/06 Continued Meeting

INSURANCE DEPARTMENT

Automobile Insurance

(JLCAR Deadline February 13, 2006.)

 

 

18. FP 2005-203

Postponed to 2/3/06 Continued Meeting

DEPARTMENT OF REVENUE ADMINISTRATION

Conservation Restriction Assessments

(JLCAR Deadline February 20, 2006.)

 

19. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2005-210

Postponed to 2/3/06 Continued Meeting

Former Division of Public Health Services

WIC Nutrition Program

(JLCAR Deadline February 20, 2006.)

 

 

(b) FP 2005-205

Postponed to 2/3/06 Continued Meeting

Commissioner

New Hampshire Residential Child Care Licensing Rules

(JLCAR Deadline February 20, 2006.)

 

 

(c) FP 2005-206

Postponed to 2/3/06 Continued Meeting

Former Division of Human Services

Radiological Services

(JLCAR Deadline February 20, 2006.)

 

 

(d) FP 2005-207

Postponed to 2/3/06 Continued Meeting

Former Division of Human Services

Wheelchair Van Services

(JLCAR Deadline February 20, 2006.)

 

 

(e) FP 2005-208

Postponed to 2/3/06 Continued Meeting

Former Division of Human Services

Laboratory Services

(JLCAR Deadline February 20, 2006.)

 

 

(f) FP 2005-117

Postponed to 2/3/06 Continued Meeting

Department of Health and Human Services

Commissioner

Maximum Reimbursement for Residential Child Care Rate Setting

(JLCAR Deadline January 27, 2006 unless waived pursuant to RSA 541-A:40, IV.)

 

 

(g) OR 2005-152

Postponed to 2/3/06 Continued Meeting

Former Division of Public Health Services

Electrologists

(JLCAR Deadline March 7, 2006.)

 

 

20. Remaining Responses to Preliminary Objections Made in November 17, 2005 Meeting But Not Yet Reviewed by Committee Staff.

(JLCAR Deadline February 21, 2006.)

 

 

(a) OR 2005-115

Postponed to 2/3/06 Continued Meeting

BOARD OF DENTAL EXAMINERS

Housekeeping, Licensure Processes, Fee Changes, Expanded Duties, Dental Assistant Duty Clarification, Changes to Ethical Duties

 

 

21. Remaining Responses to Preliminary Objections made in December 15, 2005 Meeting But Not Yet Reviewed by Committee Staff.

(JLCAR Deadline March 21, 2006.)

 

(a) OR 2005-162

Postponed to 2/3/06 Continued Meeting

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Selection of Consulting Engineering Firms

 

22. Remaining Responses to Preliminary Objections made in December 22, 2005 Meeting But Not Yet Reviewed by Committee Staff.

(JLCAR Deadline March 28, 2006.)

 

(a) OR 2005-104

Postponed to 2/3/06 Continued Meeting

BOARD OF EDUCATION

Administration in Public Schools

 

 

OTHER BUSINESS

 

23. Other