JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

NOVEMBER 20, 2008 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

Martha Fuller Clark

Maurice L. Pilotte

Jacalyn L. Cilley

Peter B. Schmidt

Betsi DeVries

Betsey L. Patten

Robert J. Letourneau

James R. MacKay

Michael Downing

Suzanne H. Gottling

Iris W. Estabrook (Alt.)

John DeJoie (Alt.)

Kathleen G. Sgambati (Alt.)

Kimberley S. Casey (Alt.)

Peter Hoe Burling (Alt.)

Alida I. Millham (Alt.)

Joseph D. Kenney (Alt.)

Laurie J. Boyce (Alt.)

Peter E. Bragdon (Alt.)

(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

  9.  10:15 am    INT 2008-40 & FP 2008-148 Saf-C

 

10.  10:45 am    FP's 2008-88 & 149 Env-Wq

Consent Agenda

11.  11:15 am    FP 2008-177 He-M,

2.    9:05 am    Final Proposals

                        FP's 2008-171 & 172 He-C

3.    9:10 am    Objection Responses

12.  12:15 pm    FP 2008-113 Spe

4.    9:12 am    Preliminary Objections

13.  12:30 pm    FP 2008-151 Alc

 

14.    1:00 pm    LUNCH BREAK

Regular Agenda

 

5.    9:13 am    Postpone Items

Other Business

6.    9:15 am    ROR 2008-72 Opt

15.    2:00 pm    Other

7.    9:30 am    FP's 2008-85, 91, & 125 Ins

 

8.  10:00 am    INT 2008-38 Fis

 

 

 

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 2008-96

Approval

LOTTERY COMMISSION

Rules of Lottery Intercept

(JLCAR Deadline December 8, 2008.)

 

 

(b)  FP 2008-122

Approval

BOARD OF LICENSURE FOR LAND SURVEYORS

Rules Regarding Explanation After Adoption

(JLCAR Deadline December 22, 2008.)

 

 

(c)  FP 2008-123

Approval

BOARD OF LICENSURE FOR LAND SURVEYORS

Rules Regarding Applications, Qualifications for Licensure, Fees, Disciplinary Matters, Renewals, Continuing Education, Ethical and Technical Standards

(JLCAR Deadline December 22, 2008.)

 

 

(d)  FP 2008-153

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Hospital Services

(JLCAR Deadline December 19, 2008.  Former rules expired November 2, 2008.)

 

 

(e)  FP 2008-178

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Milk Producers, Milk Plants, Producer/Distributors, and Distributors

(JLCAR Deadline December 22, 2008.)

 

 

(f)  FP 2008-179

Approval

WETLANDS COUNCIL

Wetlands Council Organizational Rule Amendments

(JLCAR Deadline December 12, 2008.)

 

 

(g)  FP 2008-180

Approval

WETLANDS COUNCIL

Wetlands Council Procedural Rule Amendments

(JLCAR Deadline December 12, 2008.)

 

 

(h)  FP 2008-182

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Home and Community-Based Care for the Elderly and Chronically Ill (HCBC-ECI) -
Cost Share

(JLCAR Deadline December 19, 2008.)

 

 

(i)  FP 2008-183

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Food Stamp Program: Method of Issuance, Exemptions from Employment and Training Requirements, and Extended Benefits for Certain Public Assistance Households

(JLCAR Deadline December 22, 2008.)

 

 

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.  The conditional approvals listed prior to October 16, 2008 are those remaining for which responses had not been received by the October 16 agenda.  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 18, 2008:

 

      FP 2008-128

REAL ESTATE COMMISSION

Application Procedures; Fees; Accreditations; Examinations; Continuing Education; Licenses; Ongoing Requirements; Code of Ethics; and Conduct of Licensees

(Response received 10-21-08 and confirmed 10-21-08.)

 

 

Conditionally Approved October 2, 2008:

 

 

      FP 2008-95

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification for Payment Standards for Community-Based Behavioral Health Service Providers

(Response received 10-28-08 and confirmed 10-28-08.)

 

 

      FP 2008-138

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification for Payment Standards for Recreation Service Providers

(Response received 10-28-08 and confirmed 10-28-08.)

 

 

Conditionally Approved October 16, 2008:

 

 

      FP 2008-117

BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS

Renewal Form, Violation Points, and Administrative Fine Procedures

(Response received 11-5-08 and confirmed 11-7-08.)

 

 

      FP 2008-135

DEPARTMENT OF EMPLOYMENT SECURITY

Time and Place for Filing Initial Claims

(Response received 10-20-08 and confirmed 10-21-08.)

 

 

      FP 2008-157

DEPARTMENT OF REVENUE

Property Tax Credits, Exemptions and Deferrals

(Response received 10-23-08 and confirmed 10-24-08.)

 

 

      FP 2008-155

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

N.H. Child Care Program Licensing Rules

(Response received 10-24-08 and confirmed 10-28-08.)

 

 

Conditionally Approved November 6, 2008:

 

 

      FP 2008-131

POSTSECONDARY EDUCATION COMMISSION

Rules Governing the Evaluation of Institutions of Higher Learning

(Response not received yet.)

 

 

      FP 2008-119

BOARD OF HEARING CARE PROVIDERS

Organizational Rules

(Response not received yet.)

 

 

      FP 2008-120

BOARD OF HEARING CARE PROVIDERS

Practice and Procedure - Non-Expiring Provisions

(Response not received yet.)

 

 

      FP 2008-121

BOARD OF HEARING CARE PROVIDERS

Various 8-Year Practice and Procedural Rules; License Applications and Fees; License Renewal and Fees; and Ethical Standards

(Response not received yet.)

 

 

REGULAR AGENDA

 

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

 

 

6.   ROR 2008-72

Approval

BOARD OF REGISTRATION IN OPTOMETRY

Out-of-State Contact Lens Dispensers, Continuing Education for Optometrists, Standard of Conduct, and Contact Lens Follow-up Care

(JLCAR Deadline January 6, 2009.)

(Formerly Item #21 on 11-6-08 agenda.)

 

 

7.   INSURANCE DEPARTMENT

      (Formerly Item #15 on 10-16-08 agenda.)

 

(a)  FP 2008-85

Approval

Advertisements of Insurance

(No JLCAR deadline.  It has been waived.)

 

 

(b)  FP 2008-91

Approval

Filings for Life, Accident and Health Insurance

(No JLCAR deadline.  It has been waived.)

 

 

(c)  FP 2008-125

Approval

Health Maintenance Organizations

(No JLCAR deadline.  It has been waived.)

 

 

8.   INT 2008-38

Approval

FISH AND GAME DEPARTMENT

Fish and Game Rules Relative to Department Practice and Procedures and Fur Sealing

(JLCAR Deadline January 8, 2009.  Former, regular rules expired June 1, 2008 and October 25, 2008.)

 

 

9.   DEPARTMENT OF SAFETY

 

 

(a)  INT 2008-40

Approval

Driver Education Interim Rules

(JLCAR Deadline February 5, 2009.  Regular rules will expire December 1, 2008.)

 

 

(b)  FP 2008-148

Approval

Criminal Record Check Fee

(JLCAR Deadline December 22, 2008.)

 

 

10. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2008-88

Conditional Approval

Water Quality and Quantity Programs

Alteration of Terrain

(JLCAR Deadline December 4, 2008.)

 

 

(b)  FP 2008-149

Approval with Recommendation

Water Quality and Quantity Programs

Rivers Management and Protection Program

(JLCAR Deadline December 1, 2008.)

 

 

11. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2008-177

Conditional Approval

Former Division of Mental Health and Developmental Services

Rights of Persons Using Emergency Shelters

(JLCAR Deadline December 22, 2008.  Rules will expire November 21, 2008.)

 

 

(b)  FP 2008-171

Postponed to 12/18/08 Regular Meeting

Commissioner

Certification for Payment Standards for Interpreter Service Providers

(JLCAR Deadline December 22, 2008.  Former rules expired September 20, 2008.)

 

 

(c)  FP 2008-172

Postponed to 12/18/08 Regular Meeting

Commissioner

Certification Payment Standards for Transportation Service Providers

(JLCAR Deadline December 22, 2008.  Former rules expired September 20, 2008.)

 

 

12. FP 2008-113

Postponed to 12/18/08 Regular Meeting

BOARD OF SPEECH LANGUAGE PATHOLOGY

Continued Status

(JLCAR Deadline November 21, 2008.)

 

 

13. FP 2008-151

Postponed to 12/18/08 Regular Meeting

BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG ABUSE PROFESSIONALS

Peer Collaboration

(JLCAR Deadline December 8, 2008.  Existing emergency rule will expire December 28, 2008.)

 

 

14. LUNCH BREAK

 

 

OTHER BUSINESS

 

15. Other