JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

NOVEMBER 19, 2009 - 9:00 a.m.

ROOMS 301/303 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

Jacalyn L. Cilley

Maurice L. Pilotte

Martha Fuller Clark

Peter B. Schmidt

Amanda Merrill

Betsey L. Patten

Robert J. Letourneau

Suzanne H. Gottling

Sharon M. Carson

Alida I. Millham

Kathleen G. Sgambati (Alt.)

Laurie J. Boyce (Alt.)

Matthew S. Houde (Alt.)

Kathleen N. Taylor (Alt.)

Betsi DeVries (Alt.)

Kimberley S. Casey (Alt.)

Michael Downing (Alt.)

Tara A. Sad (Alt.)

 

David H. Kidder (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 and Review Minutes

 8.  11:00 am     FP's 2009-112, 116, & 85 Ins

 

 9.  11:45 am     FP 2009-162 & OR 2009-79 Puc

Consent Agenda

10.   1:00 pm     LUNCH BREAK

2.    9:05 am    Final Proposals

11.   2:00 pm     FP's 2009-131 & 132 He-P &

3.    9:10 am    Objection Responses

                        OR 2009-95 He-C

4.    9:12 am    Preliminary Objections

12.   3:00 pm     OR 2009-96 Saf-C

 

 

Regular Agenda

Other Business

5.    9:13 am    Postpone Items

13.   4:00 pm     Other

6.    9:15 am    FP's 2008-164, 165, & 166 Mhp

 

7.  10:45 am    FP 2009-149 Env-Ws &

 

                      FP 2009-155 Env-Dw

 

 

 

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:

 

 

(a)  FP 2009-88

Approval

BOARD OF EDUCATION

Adult Education

(JLCAR Deadline November 30, 2009.)

 

 

(b)  FP 2009-152
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

NOx Emissions Reduction Fund for NOx-Emitting Generation Sources

(JLCAR Deadline December 21, 2009.  Existing rules will expire December 20, 2009.)

 

 

(c)  FP 2009-153

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to the Treatment of Individual Development Accounts (IDA) in All Categories of Financial and Medical Assistance and the Food Stamp Program When the IDA is Used for an Unqualified Purchase

(JLCAR Deadline December 21, 2009.)

 

 

(d)  FP 2009-154

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

NH Child Care Program Licensing Rules - Enforcement Action

(JLCAR Deadline December 21, 2009.)

 

 

(e)  FP 2009-158

Approval

INSURANCE DEPARTMENT

Rules Applicable to All Forms

(JLCAR Deadline December 21, 2009.)

 

 

(f)  FP 2009-159

Approval

INSURANCE DEPARTMENT

Member Identification Card

(JLCAR Deadline December 21, 2009.)

 

 

(g)  FP 2009-160

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Regulated Toxic Air Pollutants

(JLCAR Deadline December 21, 2009.)

 

 

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 October 15, 2009:

 

FP 2009-119

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Emergency Bulk Water Supply for Public Water Systems

(Response received 10-20-09 and confirmed 10-20-09.)

 

 

FP 2009-58

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Housing Security Guarantee Program

(Response received 10-15-09 and confirmed 10-16-09.)

 

 

FP 2009-114

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Rules for Hospitals

(Response received 10-15-09 and confirmed 10-16-09.)

 

 

FP 2009-128

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Community Mental Health Services

(Response received 10-15-09 and confirmed 10-16-09.)

 

 

Conditionally Approved October 29, 2009:

 

 

FP 2009-123

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Food Protection Program - Fee/Fine Increases

(Response received 10-29-09 and confirmed 10-30-09.)

 

 

FP 2009-69

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Family Centered Early Supports and Services

(Response received 10-29-09 and confirmed 10-30-09.)

 

 

NOTE:

 

The following final proposal was incorrectly filed for the November 19, 2009 meeting and will be filed for the December 17, 2009 meeting:

 

 

FP 2009-117

BOARD OF DENTAL EXAMINERS

Board Fees, Hygienists Duties, Renewal and Monitoring and Ethical Duties

 

 

REGULAR AGENDA

 

5.   Consider postponing action on certain items to another meeting.

 

 

6.   BOARD OF MENTAL HEALTH PRACTICE

 

 

(a)  FP 2008-164

Approval

 

Mental Health Practice Organizational Rules

(JLCAR Deadline November 20, 2009.)

 

 

(b)  FP 2008-165

Objection

Practice and Procedure Rules

(JLCAR Deadline November 20, 2009.)

 

 

(c)  FP 2008-166

Objection

 

Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees

(JLCAR Deadline November 20, 2009.)

 

 

7.   DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2009-149
Approval

Division of Water

Lead and Copper Amendments

(JLCAR Deadline December 14, 2009.)

 

 

(b)  FP 2009-155
Approval

Drinking Water Programs

Groundwater Monitoring and Treatment

(JLCAR Deadline December 21, 2009.)

 

 

8.   INSURANCE DEPARTMENT

 

 

(a)  FP 2009-112

Postponed to 12/3/09 Continued Meeting

Credit Insurance

(JLCAR Deadline December 3, 2009.)

 

 

(b)  FP 2009-116

Postponed to 12/3/09 Continued Meeting

New Hampshire Long-Term Care Partnership Program

(JLCAR Deadline December 3, 2009.)

 

 

(c)  FP 2009-85

Postponed to 12/3/09 Continued Meeting

Insurance Scores

(JLCAR Deadline December 7, 2009.)

 

 

9.   PUBLIC UTILITIES COMMISSION

 

 

(a)  FP 2009-162

Postponed to 12/3/09 Continued Meeting

Greenhouse Gas Emissions Reduction Fund

(JLCAR Deadline December 21, 2009.)

 

 

(b)  OR 2009-79

Revised Objection

Utility Pole Attachments

(JLCAR Deadline December 8, 2009.)

(Formerly Item 10 on 10-15-09 and 10-29-09 agendas.)

 

 

10. LUNCH BREAK

 

 

11. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2009-131

Postponed to 12/3/09 Continued Meeting

Former Division of Public Health Services

Massage Therapy

(JLCAR Deadline December 21, 2009.)

 

 

(b)  FP 2009-132

Postponed to 12/3/09 Continued Meeting

Former Division of Public Health Services

Electrology

(JLCAR Deadline December 21, 2009.)

 

 

(c)  OR 2009-95

Postponed to 12/3/09 Continued Meeting

Commissioner

Allocation and Distribution of Incentive Fund Grants

(JLCAR Deadline January 5, 2010.)

(Objection response not yet received by Committee staff.)

 

 

12. OR 2009-96

Postponed to 12/3/09 Continued Meeting

DEPARTMENT OF SAFETY

Board of Electricians Practice and Procedural Rules and Bureau of Electrical Safety and Licensing Rules

(JLCAR Deadline December 22, 2009.)

 

 

OTHER BUSINESS

 

13. Other