JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

OCTOBER 20, 2011 - 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.)	David H. Kidder (Alt.)
Lou D'Allesandro (Alt.)	Tara A. Sad (Alt.)
James Forsythe (Alt.)	Kathleen N. Taylor (Alt.)
Sylvia Larsen (Alt.)	Stella Tremblay (Alt.)
Nancy Stiles (Alt.)	Steven J. Winter (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 & Review Minutes	10. 11:30 am FP 2011-111 Rev
	11. 12:00 pm FP's 2011-115 He-P & 2011-117 He-W
Consent Agenda	12. 1:00 pm LUNCH BREAK
2. 9:05 am Final Proposals	13. 2:00 pm FP's 2011-98 thru 102 &
3. 9:10 am Objection Responses	OR 2011-93 Saf-C
4. 9:12 am Preliminary Objections	14. 3:00 pm OR 2011-71 Asb
	15. 4:00 pm Disc. on Manual
Regular Agenda
5. 9:13 am Postpone Items	Other Business
6. 9:15 am FP 2011-75 & OR 2011-42 Ins	16. 4:30 pm
7. 9:45 am FP 2011-41 Ph
8. 10:30 am FP's 2011-89 & 90 Int
9. 11:15 am INT 2011-29 Sw

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

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 2011-110 Approval	DEPARTMENT OF SAFETY Incident Command System Rules (JLCAR Deadline November 14, 2011.)
(b) FP 2011-112 Approval	DEPARTMENT OF REVENUE ADMINISTRATION Medicaid Enhancement Tax (MET) Rules (JLCAR Deadline November 21, 2011.)
(c) INT 2011-27 Approval	HEALTH SERVICES PLANNING AND REVIEW BOARD Physical Rehabilitation Facilities (JLCAR Deadline December 28, 2011. Existing rules will expire November 8, 2011.)
(d) INT 2011-28 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Beverages and Bottled Water (JLCAR Deadline January 4, 2012. Existing rules will expire October 22, 2011.)
3. Committee Acceptance of Agency Responses to Objections:
(No Items)
4. 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 18, 2011:
INT 2011-19	DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD Dating Prewrapped Sandwiches (Response received 9-14-11 and confirmed 9-14-11. Waiver of 9-1-11 deadline had been granted.)
Conditionally Approved September 15, 2011:
FP 2011-60	GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS Multipart Application Form for Initial Licensure (Response received 10-10-11 and confirmed 10-13-11.)
FP 2011-61	GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS Multipart Application Form for Renewal of Licensure (Response received 10-10-11 and confirmed 10-13-11.)
FP 2011-35	PUBLIC UTILITIES COMMISSION Net Metering for Customer-Owned Renewable Energy Generation Resources of 1000 Kilowatts or Less (Response received 9-15-11 and confirmed 9-15-11.)
FP 2011-83	FISH AND GAME DEPARTMENT Fish and Game – 2012 Fishing Rules (Response received 9-21-11 and confirmed 9-21-11.)
Conditionally Approved October 6, 2011:
FP 2011-92	DEPARTMENT OF SAFETY Authority to Cite Fire Safety Violators Rules (Response received 10-11-11 and confirmed 10-11-11.)
REGULAR AGENDA
5. Consider postponing action on certain items to another meeting.
6. INSURANCE DEPARTMENT
(a) FP 2011-75 Preliminary Objection	Antifraud Plan Standards (JLCAR Deadline October 20, 2011.) (Formerly Item #15(a) on the 9-15-11 and 10-6-11 agendas.)
(b) OR 2011-42 Revised Objection	Coverage for Individuals Under the Age of 19 (JLCAR Deadline November 22, 2011.) (Formerly Item #15(b) on the 9-15-11 and 10-6-11 agendas.)
7. FP 2011-41 Preliminary Objection	PHARMACY BOARD Unused Prescription Drug Program Rules (JLCAR Deadline October 24, 2011.)
8. BOARD OF LICENSING FOR INTERPRETERS FOR THE DEAF AND HARD OF HEARING
(a) FP 2011-89 Postponed to 11/3/11 Continued Meeting	Organization and Practice and Procedure Rules for the Deaf and Hard of Hearing Interpreters (JLCAR Deadline November 7, 2011.)
(b) FP 2011-90 Postponed to 11/3/11 Continued Meeting	Licensing Rules for the Deaf and Hard of Hearing Interpreters (JLCAR Deadline November 7, 2011.)
9. INT 2011-29 Approval	N.H. LOTTERY COMMISSION Rules for Employee Recognition Program (JLCAR Deadline January 11, 2012. Rules implement 2011, 224:89 (HB 2), effective July 1, 2011.)
10. FP 2011-111 Postponed to 11/3/11 Continued Meeting	DEPARTMENT OF REVENUE ADMINISTRATION Interest and Dividends Tax (JLCAR Deadline November 21, 2011.)
11. DEPARTMENT OF HEALTH AND HUMAN SERVICES
(a) FP 2011-115 Approval with Recommendation	Former Division of Public Health Services Individual Home Care Service Providers and Home Care Service Provider Agencies (JLCAR Deadline November 21, 2011.)
(b) FP 2011-117 Conditional Approval	Former Division of Human Services Physician Services (JLCAR Deadline November 21, 2011.)
12. LUNCH BREAK
13. DEPARTMENT OF SAFETY
(a) FP 2011-98 Postponed to 11/3/11 Continued Meeting	Road Toll Administration Rules (JLCAR Deadline November 14, 2011.)
(b) FP 2011-99 Postponed to 11/3/11 Continued Meeting	Oil Pollution Control Fund Rules (JLCAR Deadline November 14, 2011.)
(c) FP 2011-100 Postponed to 11/3/11 Continued Meeting	Oil Discharge and Disposal Fund Rules (JLCAR Deadline November 14, 2011.)
(d) FP 2011-101 Postponed to 11/3/11 Continued Meeting	Fuel Oil Discharge Cleanup Fund (FOD) Rules (JLCAR Deadline November 14, 2011.)
(e) FP 2011-102 Postponed to 11/3/11 Continued Meeting	Automotive Oil Fee Fund and Motor Oil Discharge Cleanup Fund Rules (JLCAR Deadline November 14, 2011.)
(f) OR 2011-93* Postponed to 11/3/11 Continued Meeting	State Fire Code Rules (JLCAR Deadline January 10, 2012.) *Response not yet filed.
14. OR 2011-71* Postponed to 11/3/11 Continued Meeting	ASSESSING STANDARDS BOARD Certification of Assessors (JLCAR Deadline January 10, 2012.) *Response not yet filed.
15. Discussion on amended draft of the Drafting and Procedure Manual for Administrative Rules. Postponed to 11/3/11 Continued Meeting
OTHER BUSINESS 16. Other