JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

DECEMBER 15, 2005 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Robert B. Flanders

Betsey L. Patten, Vice Chair

Robert E. Clegg

Kathleen N. Taylor

Robert J. Letourneau

Janet G. Wall

Iris W. Estabrook

Elbert I. Bicknell

Martha Fuller Clark

Nelson S. Allan

Bob Odell (Alt.)

Sharon M. Carson (Alt.)

Peter E. Bragdon (Alt.)

Alida I. Millham (Alt.)

Andre A. Martel (Alt.)

Maurice L. Pilotte (Alt.)

Sylvia B. Larsen (Alt.)

Cynthia J. Dokmo (Alt.)

Lou D'Allesandro (Alt.)

Bonnie G. Mitchell (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

11. 11:10 am INT 2005-27 Tra

 

12. 11:30 am INT 2005-28 Liq

Consent Agenda

13. 11:50 am INT's 2005-29 & 26 Saf-C

2. 9:05 am Final Proposals

14. 12:20 pm INT 2005-30 Emp

3. 9:10 am Objection Responses

15. 1:00 pm LUNCH BREAK

4. 9:15 am Preliminary Objections

16. 2:00 pm FP 2005-104 Ed

 

17. 2:20 pm FP 2005-145 Res

Regular Agenda

18. 2:40 pm FP's 2005-137 & 138 Ins

5. 9:17 am Postpone Items

19. 3:10 pm FP's 2005-164 & 165 Csp

6. 9:20 am OR 2005-136 Env-WtC

20. 3:40 pm OR's from 11-17-05 Meeting

7. 9:40 am FP 2005-162 Env-Wq

21. 4:00 pm OR's & ROR's from 12-1-05 Meeting

8. 10:00 am FP 2005-193 Fis

 

9. 10:10 am FP 2005-192 He-E

Other Business

10. 10:40 am FP 2005-158 Sw

22. 4:15 pm Other

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT Interim Rule


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 2005-153

Approval

PARI-MUTUEL COMMISSION

Use of Prohibited Substances and Practices in Horse Racing

(JLCAR Deadline January 2, 2006.)

 

 

(b) FP 2005-154

Approval

BOARD OF SPEECH LANGUAGE PATHOLOGY

Organizational Rules

(JLCAR Deadline December 19, 2005.)

 

 

(c) FP 2005-155

Approval

BOARD OF SPEECH LANGUAGE PATHOLOGY

Procedural Rules

(JLCAR Deadline December 19, 2005.)

 

 

(d) FP 2005-156

Approval

BOARD OF SPEECH LANGUAGE PATHOLOGY

Procedures for the Receipt of Misconduct Complaints and the

Conduct of Disciplinary Hearings; Settlements; Explanation of Adopted

Rules; Voluntary Surrender of License

(JLCAR Deadline December 19, 2005.)

 

 

(e) FP 2005-157

Approval

BOARD OF SPEECH LANGUAGE PATHOLOGY

Requirements for Licensure

(JLCAR Deadline December 19, 2005.)

 

 

(f) FP 2005-163

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Air Resources

Federal Standards for New Sources and Hazardous Air Pollutants Update

(JLCAR Deadline December 26, 2005.)

 

 

(g) FP 2005-169

Approval

POSTSECONDARY EDUCATION COMMISSION

Expanding Surety Indemnification Options for Private

Postsecondary Career Schools

(JLCAR Deadline January 2, 2006.)

 

 

(h) FP 2005-172

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Servies

Lottery Intercept

(JLCAR Deadline January 2, 2006.)

 

 

(i) FP 2005-174

Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Tobacco Tax

(JLCAR Deadline January 16, 2006.)

 

 

(j) FP 2005-182

Approval

FISH AND GAME DEPARTMENT

Moose Lottery Application

(JLCAR Deadline January 16, 2006.)

 

 

(k) FP 2005-191

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Bicycle Protective Headgear Regulations

(JLCAR Deadline January 16, 2006.)

 

 

3. Committee Acceptance of Agency Responses to Objections:

 

(Selected Items)

 

4. Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(Selected items)

 

 

REGULAR AGENDA

 

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

 

6. OR 2005-136

Accepted/Approval

WETLANDS COUNCIL

Wetlands Council Practice and Procedure

(JLCAR Deadline January 24, 2006. Existing rules expired December 12, 2005. This item was tabled on December 1, 2005. It must be taken off the table to be considered.)

(Formerly Item #19 on December 1, 2005 agenda.)

 

 

7. FP 2005-162

Objection

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Selection of Consulting Engineering Firms

(JLCAR Deadline December 23, 2005.)

 

8. FP 2005-193

Approval

FISH AND GAME DEPARTMENT

Off Highway Recreational Vehicle Rules

(JLCAR Deadline January 16, 2006. Former rules expired January 12, 2005.)

 

 

9. FP 2005-192

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Nursing Facility Eligibility Criteria and Certification

(JLCAR Deadline January 16, 2006.)

 

 

10. FP 2005-158

Approval with Recommendation

N.H. LOTTERY COMMISSION

Rules for New Hampshire Powerball

(JLCAR Deadline December 22, 2005.)

 

 

11. INT 2005-27

Conditional Approval

DEPARTMENT OF TRANSPORTATION

Process for Marketing and Sale of State-Owned Property

Utilizing Real Estate Professionals

(JLCAR Deadline February 16, 2006. These are new rules pursuant to 2005, 12 (HB 540-FN).)

 

 

12. INT 2005-28

Approval with Recommendation

LIQUOR COMMISSION

Interim Procedural Rules and Enforcement Policy

(JLCAR Deadline March 2, 2006. Existing regular rules will expire January 1, 2005.)

 

13. DEPARTMENT OF SAFETY

 

(a) INT 2005-29

Approval

Various Motor Vehicle Inspection Requirements Interim Rules

(JLCAR Deadline March 2, 2006. Existing regular rules will expire December 30, 2005.)

 

 

(b) INT 2005-26

Approval

Interim Inter-Facility Transfer Exception Rules

(JLCAR Deadline February 16, 2006. These are new rules pursuant to 2005, 163 (SB 88).)

 

 

14. INT 2005-30

Approval

DEPARTMENT OF EMPLOYMENT SECURITY

New Hire

(JLCAR Deadline March 2, 2006. Existing rules will expire December 23, 2005.)

 

 

15. LUNCH BREAK

 

16. FP 2005-104

Postponed to 12/22/05 Continuted Meeting

BOARD OF EDUCATION

Administration in Public Schools

(JLCAR Deadline December 26, 2005.)

 

 

17. FP 2005-145

Postponed to 12/22/05 Continuted Meeting

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for the Division of Parks and Recreation

(JLCAR Deadline January 16, 2006. Former rules expired January 23, 2005.)

 

 

18. INSURANCE DEPARTMENT

 

(a) FP 2005-137

Postponed to 12/22/05 Continuted Meeting

Ins 1902 Minimum Standards for Medicare Supplement Policies Issued

Prior to Adoption of Insurance Regulation Ins 1905

(JLCAR Deadline January 16, 2006.)

 

 

(b) FP 2005-138

Postponed to 12/22/05 Continuted Meeting

Ins 1903 Medicare Supplement Insurance

(JLCAR Deadline January 16, 2006.)

 

19. COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION

 

 

(a) FP 2005-164

Postponed to 12/22/05 Continuted Meeting

New Hampshire College Tuition Savings Plan

Unique Annual Allocation Program

(JLCAR Deadline January 2, 2006.)

 

 

(b) FP 2005-165

Postponed to 12/22/05 Continuted Meeting

New Hampshire College Tuition Savings Plan

Unique Endowment Allocation Program

(JLCAR Deadline January 2, 2006.)

 

 

20. Remaining Responses to Preliminary Objections Made in November 17, 2005 Meeting But Not Yet Received by Committee Staff.

(JLCAR Deadline February 21, 2006.)

 

(a) OR 2005-115

BOARD OF DENTAL EXAMINERS

Housekeeping, Licensure Processes, Fee Changes, Expanded Duties, Dental Assistant Duty Clarification, Changes to Ethical Duties

 

21. Remaining Responses to Preliminary and Revised Objections made in December 1, 2005 Meeting But Not Yet Received by Committee Staff.

(JLCAR Deadline March 7, 2006.)

 

(a) OR 2005-152

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Electrologists

 

 

(b) ROR 2005-150

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Newborn Screening and Newborn Hearing Screening

 

 

(c) ROR 2005-88

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Licensing Requirements

 

 

OTHER BUSINESS

 

22. Other