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