JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

OCTOBER 16, 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:

 

 

(a) FP 2014-71
Approval

PESTICIDE CONTROL BOARD

Pesticides: Sale and Limited Use; Disposal and Storage; Record Keeping and Reporting

(JLCAR Deadline October 20, 2014.)

 

 

(b) FP 2014-76
Approval

BOARD OF ACCOUNTANCY

Board of Accountancy Rules Regarding Composition of the Board

(JLCAR Deadline October 27, 2014.)

 

 

(c) FP 2014-77
Approval

BOARD OF ACCOUNTANCY

Board of Accountancy Procedural Rules

(JLCAR Deadline October 27, 2014.)

 

 

(d) FP 2014-81
Approval

HEALTH SERVICES PLANNING AND REVIEW BOARD

Practice and Procedures - Definitions, Consent Agenda, Contested Cases

(JLCAR Deadline November 3, 2014.)

 

 

(e) FP 2014-82
Approval

HEALTH SERVICES PLANNING AND REVIEW BOARD

Application That a Project is Not Subject to Certificate of Need Review; Change of Scope; Form 301-C Application for a Change of Scope; and Threshold Adjustments

(JLCAR Deadline November 3, 2014.)

 

 

(f) FP 2014-84
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Asbestos Management and Control Amendments

(JLCAR Deadline November 3, 2014.)

 

 

(g) FP 2014-95
Approval

FISH AND GAME DEPARTMENT

Marine Rules: Miscellaneous

(JLCAR Deadline November 3, 2014.)

 

 

(h) FP 2014-96
Approval

FISH AND GAME DEPARTMENT

Marine Rules: Daily Limit Cod and Haddock

(JLCAR Deadline November 3, 2014.)

 

 

(i) FP 2014-99
Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Jurisprudence Examination

(JLCAR Deadline October 27, 2014.)

 

 

(j) FP 2014-100
Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Jurisprudence Examination for Renewal

(JLCAR Deadline October 27, 2014.)

 

 

(k) FP 2014-104
Approval

POLICE STANDARDS AND TRAINING COUNCIL

Report of Arrests

(JLCAR Deadline November 14, 2014.)

 

 

(l) FP 2014-111
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Citizenship/Non-citizen Status and Proof of Identity

(JLCAR Deadline November 10, 2014.)

 

 

(m) FP 2014-125
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Voluntary Certified Salt Applicator Program

(JLCAR Deadline November 14, 2014.)

 

 

(n) FP 2014-127
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rule Related to the Verification of Educational Income

(JLCAR Deadline November 10, 2014.)

 

 

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

 

 

(a) FP 2014-109
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Social Security Account Numbers, In and Out Medically Needy Medical Assistance, Deemed Income From an Alien's Sponsor, Separate Medical Assistance Group, P.O. Boxes & General Delivery Mailing Addresses, & Deceased Recipients

(JLCAR Deadline November 14, 2014.)

 

 

(b) FP 2014-114
Conditional Approval

DEPARTMENT OF LABOR

Elevator and Accessibility Lift Inspection, Licensing and Reporting Procedures

(JLCAR Deadline November 3, 2014.)

 

 

4. 9:15 a.m. Committee Acceptance of Agency Responses to Objections:

 

(a) OR 2014-39
Approval

NH LOTTERY COMMISSION

Rules for Prize Claims

(JLCAR Deadline December 2, 2014.)

(Converted from conditional approval.)

 

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 August 21, 2014

 

 

FP 2014-39

NH LOTTERY COMMISSION

Rules for Prize Claims

(Response received 9-11-14 and converted to preliminary objection. Objection response due by 10-13-14.)

 

 

Conditionally Approved September 18, 2014

 

 

FP 2014-31

DEPARTMENT OF REVENUE ADMINISTRATION

Lien Procedures, Installment Payment Agreements, and Settlement Agreements

(Response received 9-23-14 and confirmed 9-24-14.)

 

 

FP 2014-29

INSURANCE DEPARTMENT

Accident and Health Travel Insurance.

(Response received 9-26-14 and confirmed 9-26-14.)

 

 

FP 2014-33

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Central Registry

(Response received 9-26-14 and confirmed 9-26-14.)

 

 

FP 2014-110

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Personal Care Attendant Services

(Response received 9-25-14 and confirmed 9-25-14.)

 

 

Conditionally Approved October 2, 2014

 

 

FP 2014-32

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Standards of Design and Construction for Sewerage and Wastewater Treatment Facilities

(Response received 10-9-14 and confirmed 10-9-14.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. DEPARTMENT OF REVENUE ADMINISTRATION

 

 

FP 2014-58
Conditional Approval

Meals and Rentals Tax

(JLCAR Deadline October 20, 2014.)

(Formerly Item #7(b) on 9-18-14 and 10-2-14 agendas.)

 

 

8. 9:25 a.m. DEPARTMENT OF EMPLOYMENT SECURITY

 

FP 2014-20
Conditional Approval

Penalty Weeks under RSA 282-A:164

(JLCAR Deadline October 16, 2014.)

(Formerly Item #8(a) on 6-20-14 agenda, Item #10 on 7-17-14 agenda, and Item #8 on
8-21-14, 9-18-14, and 10-2-14 agendas.)

 

 

9. 9:35 a.m. DEPARTMENT OF SAFETY

 

FP 2013-222
Preliminary Objection

Commissioner

Readoption of Marketing, Sales, and Possession of Fireworks Rules

(JLCAR Deadline October 16, 2014.)

(Formerly Item #9(a) on 6-20-14 agenda, Item #16 on 7-17-14 agenda, Item #14 on
8-21-14 agenda, and Item #9 on 9-18-14 and 10-2-14 agendas.)

 

 

10. 9:45 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2014-44
Postponed to 11/6/14 Continued Meeting

Former Division of Public Health Services TO BE POSTPONED;
Immunization Registry WAIVER TO BE REQUESTED

(JLCAR Deadline October 20, 2014.)

(Formerly Item #13(c) on 9-18-14 and 10-2-14 agendas.)

 

 

(b) FP 2014-35
Approval

Former Division of Human Services

Comprehensive Health Information System (CHIS)

(JLCAR Deadline October 23, 2014.)

 

 

(c) FP 2014-130
Conditional Approval

Former Division of Public Health Services

New Hampshire Shellfish Sanitation Rules

(JLCAR Deadline December 1, 2014.)

 

 

(d) FP 2014-131
Conditional Approval

Commissioner

NH Residential Child Care Licensing

(JLCAR Deadline December 1, 2014. Existing interim rules will expire 10-23-14.)

 

 

(e) INT 2014-9
Approval

Former Division of Mental Health and Developmental Services

Rights of Persons Receiving Mental Health Services in the Community

(JLCAR Deadline January 7, 2015. Existing rules will expire November 17, 2014.)

 

 

(f) INT 2014-10
Approval

Former Division of Mental Health and Developmental Services

Rights of Persons in State Mental Health Facilities

(JLCAR Deadline January 7, 2015. Existing rules will expire November 17, 2014.)

 

 

11. 10:00 a.m. BOARD OF ACCOUNTANCY TO BE POSTPONED;
WAIVER TO BE REQUESTED

FP 2014-78
Postponed to 11/6/14 Continued Meeting

Board of Accountancy Rules Regarding Certification, Registration, and Permit Requirements; Continued Status; and Ethics

(JLCAR Deadline October 27, 2014.)

 

 

12. 10:05 a.m. INSURANCE DEPARTMENT

 

 

FP 2014-91
Preliminary Objection

Long-Term Care Insurance

(JLCAR Deadline November 3, 2014.)

 

 

13. 10:15 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2014-106
Approval

Water Quality and Quantity Programs

New Hampshire Clean Lakes Program

(JLCAR Deadline November 10, 2014.)

 

 

14. 10:30 a.m. FISH AND GAME DEPARTMENT

 

 

FP 2014-119
Approval with Understanding

Voluntary Hike Safe Card

(JLCAR Deadline November 6, 2014.)

 

 

15. 10:45 a.m. NH LOTTERY COMMISSION

 

 

OR 2014-38
Approval with Recommendation

Rules for Sales Agents

(JLCAR Deadline November 25, 2014.)

 

 

16. 11:00 a.m. PHARMACY BOARD

 

 

(a) INT 2014-8
Approval with Understanding

Licensing of Pharmacists and Pharmacies

(JLCAR Deadline December 31, 2014. Former rules expired February 1, 2007,
March 26, 2013, and February 23, 2014.)

 

 

(b) ROR 2014-66
Postponed to 11/6/14 Continued Meeting

Pharmacy Technicians

(JLCAR Deadline January 6, 2015.)

(Response not yet received. Response due by November 17, 2014.)

 

 

(c) ROR 2014-67
Postponed to 11/6/14 Continued Meeting

Pharmacy Interns

(JLCAR Deadline January 6, 2015.)

(Response not yet received. Response due by November 17, 2014.)

 

 

OTHER BUSINESS

17. 11:30 a.m.

Discussion on requesting waivers of the 11-17-14 JLCAR deadline for Final Proposals filed on 10-3-14 for the 11-20-14 regular meeing.
Waivers Requested