JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

OCTOBER 18, 2012 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

Amanda Merrill, Vice-Chair

Betsey L. Patten, Chair

Fenton Groen

Carol M. McGuire

Molly Kelly

Andrew J. Manuse

Gary Lambert

Maurice L. Pilotte

Raymond White

Peter B. Schmidt

Sharon Carson (Alt.)

Spec Bowers (Alt.)

Lou D'Allesandro (Alt.)

David H. Kidder (Alt.)

James Forsythe (Alt.)

Tara A. Sad (Alt.)

Sylvia Larsen (Alt.)

Kathleen N. Taylor (Alt.)

Nancy Stiles (Alt.)

Steven J. Winter (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


 

CONSENT AGENDA

 

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

 

 

(a) FP 2012-64

Approval

HEALTH SERVICES PLANNING AND REVIEW BOARD

Intervention

(JLCAR Deadline November 8, 2012.)

 

 

(b) FP 2012-83

Approval

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Pre-Hearing Disclosure of Witnesses and Exhibits

(JLCAR Deadline October 29, 2012.)

 

 

(c) FP 2012-84

Approval

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Renewal Application and Reinstatement Documents

(JLCAR Deadline October 29, 2012.)

 

 

(d) FP 2012-87

Approval

INSURANCE DEPARTMENT

Claims Payments

(JLCAR Deadline November 8, 2012.)

 

 

(e) FP 2012-99

Approval

DEPARTMENT OF SAFETY

Various "Operation of the Central Repository: Criminal Records" Rules

(JLCAR Deadline October 22, 2012.)

 

 

(f) FP 2012-100

Approval

FISH AND GAME DEPARTMENT

Hunter and Bowhunter Education Programs and Hunter and Bowhunter Education Instructors

(JLCAR Deadline November 5, 2012.)

 

 

(g) FP 2012-102

Approval

GOVERNING BOARD OF ATHLETIC TRAINERS

Pre-Hearing Disclosure of Witnesses and Exhibits

(JLCAR Deadline November 1, 2012.)

 

 

(h) FP 2012-103

Approval

GOVERNING BOARD OF ATHLETIC TRAINERS

Notarized Signature and Temporary Visits in the State

(JLCAR Deadline November 1, 2012.)

 

 

(i) FP 2012-104

Approval

GOVERNING BOARD OF ATHLETIC TRAINERS

Multipart Renewal Application Form and Voluntary Surrender of License

(JLCAR Deadline November 1, 2012.)

 

 

(j) FP 2012-107

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Revisions to the Types and Issuance of Employment Support Services (ESS) Offered in the New Hampshire Employment Program (NHEP)

(JLCAR Deadline October 29, 2012.)

 

 

(k) FP 2012-109

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Definitions

(JLCAR Deadline November 19, 2012.)

 

 

(l) FP 2012-110

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Amendments Re: Permits, Generators, Transporters, Facility Owners/Operators, Recycling, HW Cleanup Fund, Universal Waste

(JLCAR Deadline November 19, 2012.)

 

 

(m) FP 2012-113

Approval

INSURANCE DEPARTMENT

Requirements for Accident and Health Insurance Rate Submissions

(JLCAR Deadline November 19, 2012.)

 

 

(n) FP 2012-118

Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Nursing Facility Preadmission Screening and Resident Review (PASRR)

(JLCAR Deadline November 19, 2012.)

 

 

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 August 16, 2012:

 

 

FP 2012-60

PHARMACY BOARD

Transmission of Prescription Drug Order by Prescriber

(Response received 9-26-12 and confirmed 9-26-12.)

 

 

Conditionally Approved September 20, 2012:

 

 

FP 2012-81

INSURANCE DEPARTMENT

Life, Accident and Health Form and Rate Filings

(Response received 9-24-12 and confirmed 9-24-12.)

 

 

FP 2012-76

BOARD OF REGISTRATION IN OPTOMETRY

Rules Regarding Pharmaceutical Agents, Continuing Education Form, Misconduct Investigations and Disciplinary Sanctions for Optometrists

(Response not yet received.)

 

 

FP 2011-160

DEPARTMENT OF EMPLOYMENT SECURITY

Appeal from Denial of Continued Eligibility for Benefits

(Response received 9-25-12 and confirmed 9-26-12.)

 

 

INT 2012-8

DEPARTMENT OF EMPLOYMENT SECURITY

Definitions/Work Search/Employment Services

(Response received 9-25-12 and confirmed 9-26-12.)

 

 

FP 2012-21

DEPARTMENT OF TRANSPORTATION

Process for Marketing and Sale of State Owned Property Utilizing Real Estate Professionals

(Response received 10-2-12 and confirmed 10-3-12.)

 

 

FP 2009-193

DEPARTMENT OF CULTURAL RESOURCES

Division of Historical Resources

Organizational Rules

(Response received 10-15-12 and confirmed 10-15-12.)

 

 

Conditionally Approved October 4, 2012:

 

 

FP 2012-56

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medicaid Managed Care

(Response received 10-11-12 and confirmed 10-12-12.)

 

 

NOTE:

 

On October 4, 2012, the Committee had recommended to the Acting Director of the Office of Legislative Services that she accept as an editorial change to adopted rule He-W 540 on private duty nurses (Final Proposal 2012-105) the deletion of He-W 540.06(a)(2)c., as requested by the Department of Health and Human Services. The Acting Director agreed to the recommendation on October 8, 2012.

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. DEPARTMENT OF LABOR

 

 

OR 2011-161

Approval of Amended Objection Response

Employee Leasing Companies

(JLCAR Deadline October 26, 2012.)

(Formerly Item #14 on 10-4-12 agenda.)

 

 

8. 9:30 a.m. DEPARTMENT OF SAFETY

 

 

(a) FP 2012-74

Conditional Approval

Readoption of Motor Carrier Safety Rules

(JLCAR Deadline October 25, 2012.)

 

 

(b) FP 2012-94

Postponed to 11/15/12
Regular Meeting

Request for Reconsideration Rule TO BE POSTPONED TO 11/15/12 MEETING

(JLCAR Deadline November 9, 2012.)

 

 

(c) FP 2012-121

Postponed to 11/15/12
Regular Meeting

Various Bureau of Electrical Safety and Licensing Rules

(JLCAR Deadline November 19, 2012.)

 

 

9. 10:00 a.m. BOARD OF EDUCATION

 

FP 2012-62

Conditional Approval

Principal, Associate Principal, District Administrator, Educational Interpreter and Professional Development

(JLCAR Deadline November 9, 2012.)

 

 

10. 10:15 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

OR 2012-85*

Approval with Recommendation

Former Division of Public Health Services

Individual Home Care Service Providers

(JLCAR Deadline December 21, 2012.)

 

 

11. 10:30 a.m. DEPARTMENT OF REVENUE ADMINISTRATION

 

 

(a) FP 2012-89

Approval

Interest and Dividends Tax

(JLCAR Deadline November 13, 2012.)

 

 

(b) FP 2012-116

Approval

Communications Services Tax

(JLCAR Deadline November 13, 2012.)

 

 

(c) FP 2012-117

Approval

Financial Accounting for Cities and Towns

(JLCAR Deadline November 15, 2012.)

 

 

OTHER BUSINESS

12. 11:30 a.m. Other

(Formerly Item #16 on 9-20-12 and 10-4-12 agendas.)

 

(a) Discussion on response by the Police Standards and Training Council to JLCAR's petition of August 16, 2012.

No Further Action

 

(b) Discussion on emergency rule (Doc. #10172, effective 8-18-12) filed by Department of Resources and Economic Development.

No Further Action