JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

NOVEMBER 15, 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

EXRF - Expedited Revision to Form

 

 

CONSENT AGENDA

 

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

 

 

(a) FP 2012-63
Approval

COMMUNITY DEVELOPMENT FINANCE AUTHORITY

Capacity Development Grants for Regional Development Corporations

(JLCAR Deadline November 30, 2012.)

 

 

(b) FP 2012-111
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Oil and Remediation Programs

Recovery of Gasoline Vapors

(JLCAR Deadline December 17, 2012.)

 

 

(c) FP 2012-119
Approval

DEPARTMENT OF ADMINISTRATIVE SERVICES

Division of Personnel

Personnel Rules Chapter 100 Changes and the Electronic Human Resources Management System

(JLCAR Deadline December 13, 2012.)

 

 

(d) FP 2012-120
Approval

DEPARTMENT OF ADMINISTRATIVE SERVICES

Division of Personnel

Various Personnel Rules and the Electronic Human Resources Management System

(JLCAR Deadline December 13, 2012.)

 

 

(e) FP 2012-125
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Education Tax Credit Applied to the Business Profits Tax Liability

(JLCAR Deadline December 17, 2012.)

 

 

(f) FP 2012-126
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Education Tax Credit Applied to the Business Enterprise Tax Liability

(JLCAR Deadline December 17, 2012.)

 

 

(g) FP 2012-130
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Net Operating Loss Deduction to Gross Business Profits

(JLCAR Deadline December 17, 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 September 20, 2012:

 

 

FP 2012-76

BOARD OF REGISTRATION IN OPTOMETRY

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

(Response received 11-6-12 and confirmed 11-7-12.)

 

 

Conditionally Approved October 18, 2012:

 

 

FP 2012-118

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Nursing Facility Preadmission Screening and Resident Review (PASRR)

(Response received 10-24-12 and confirmed 10-24-12.)

 

 

FP 2012-74

DEPARTMENT OF SAFETY

Readoption of Motor Carrier Safety Rules

(Response received 10-19-12 and confirmed 10-22-12.)

 

 

FP 2012-62

BOARD OF EDUCATION

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

(Response not yet received.)

 

 

REGULAR AGENDA

 

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

 

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

 

 

(a) FP 2012-94
Withdrawn by Agency. No Further Action

Request for Reconsideration Rule

(JLCAR Deadline November 15, 2012.)

(Formerly Item #8(b) on 10-18-12 agenda.)

 

 

(b) FP 2012-121
Conditional Approval

Various Bureau of Electrical Safety and Licensing Rules

(JLCAR Deadline November 19, 2012.)

(Formerly Item #8(c) on 10-18-12 agenda.)

 

 

8. 9:45 a.m. ARCHITECTURAL BARRIER-FREE DESIGN COMMITTEE

 

FP 2012-90
Approval

Governor's Commission on Disabililty

Architectural Barrier Free Design Code

(JLCAR Deadline December 3, 2012.)

 

 

9. 10:15 a.m. BOARD OF EDUCATION

 

 

(a) FP 2012-75
Approval

Comprehensive Agricultural, Marketing and Business Education

(JLCAR Deadline December 3, 2012.)

 

 

(b) FP 2012-93
Approval

Superintendent and Assistant Superintendent

(JLCAR Deadline December 3, 2012.)

 

 

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

 

 

FP 2012-127
Conditional Approval with Recommendation

Education Tax Credit Program

(JLCAR Deadline December 17, 2012.)

 

 

11. 10:45 a.m. INSURANCE DEPARTMENT

 

 

FP 2012-128
Conditional Approval

Rules for Dispute Resolution in Medical Injury Early Offer Proceedings

(JLCAR Deadline December 17, 2012.)

 

 

12. 11:00 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) EXRF 2012-2
Approval

Former Division of Mental Health and Developmental Services

Special Medical Services (SMS) Application for All Services

(No JLCAR Deadline.)

 

 

(b) FP 2012-131
Conditional Approval

Former Office of Alcohol and Drug Abuse Prevention

Impaired Driver Programs

(JLCAR Deadline December 17, 2012.)

 

 

13. 11:30 a.m. Discussion on OLS report to JLCAR Chair on expedited rulemaking process as required pursuant to 2011, 252:14.
JLCAR Recommended Legislation

 

 

OTHER BUSINESS

14. 11:45 a.m. Other

 

Discussion on letter of November 9, 2012 from Department of Agriculture, Markets and Food on status of the Weights and Measures Advisory Board.
No Further Action