JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

DECEMBER 15, 2016 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan

Rep. Carol M. McGuire

Sen. Kevin Avard

Rep. William A. Hatch

Sen. Dan Feltes

Rep. Rick M. Ladd

Sen. Harold French

Rep. Peter B. Schmidt

Sen. Jay Kahn

 

Sen. Martha Fuller Clark (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. John Sytek (Alt.)

Sen. William Gannon (Alt.)

 

Sen. Dan Innis (Alt.)

 

Sen. Ruth Ward (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

2. 9:05 a.m. Elect Chairperson and Vice-Chairperson

3. 9:10 a.m. Review Minutes and Proposed Meeting Schedule for 2017

 

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

 

4. 9:15 a.m. Committee Approval of Final Proposals:

 

 

(a) FP 2016-107
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Shoreland Protection

(JLCAR Deadline January 6, 2017.)

 

 

(b) FP 2016-151
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Personal Safety Emergencies

(JLCAR Deadline January 17, 2017.)

 

 

(c) FP 2016-153
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Regulated Toxic Air Pollutants Updates

(JLCAR Deadline January 13, 2017.)

 

 

(d) FP 2016-156
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Food Stamp EBT Benefit Issuance and Extended Food Stamp (EFS) Benefits

(JLCAR Deadline December 27, 2016.)

 

 

(e) FP 2016-173
Approval

LOTTERY COMMISSION

Lottery Intercept

(JLCAR Deadline January 17, 2017.)

 

 

(f) FP 2016-192
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Utility Property Tax

(JLCAR Deadline January 17, 2017.)

 

 

(g) FP 2016-193
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Railroad and Private Rail Car Company Taxation

(JLCAR Deadline January 17, 2017.)

 

 

5. 9:20 a.m. Committee Conditional Approvals:

 

 

(a) FP 2016-130
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Community Mental Health Services Assertive Community Treatment (ACT)

(JLCAR Deadline January 3, 2017.)

 

 

(b) FP 2016-163
Conditional Approval

LIQUOR COMMISSION

Public Sampling of Beverage/Liquor/Wine Pursuant to RSA 179:44

(JLCAR Deadline January 3, 2017.)

 

 

(c) FP 2016-164
Conditional Approval

LIQUOR COMMISSION

Rules Relating to Tobacco

(JLCAR Deadline January 3, 2017.)

 

 

(d) FP 2016-200
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Therapeutic Cannabis Program - Alternative Treatment Centers

(JLCAR Deadline January 17, 2017.)

 

 

6. 9:22 a.m. Committee Acceptance of Agency Responses to Objections:

 

(a) OR 2016-121
Approval

DEPARTMENT OF SAFETY

Rental Agent Rules

(JLCAR Deadline January 24, 2017.)

 

7. 9:24 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 October 20, 2016:

 

 

FP 2016-44

BOARD OF PODIATRY

Opioid Prescribing

(Response not yet received.)

 

 

FP 2016-131

BOARD OF NURSING

Opioid Prescribing

(Response not yet received.)

 

 

FP 2016-121

DEPARTMENT OF SAFETY

Rental Agent Rules

(Converted to preliminary objection pursuant to RSA 541-A:13, V(a) after deadline of November 21, 2016 was passed. Objection response filed December 5, 2016 and on agenda for December 15, 2016.)

 

 

Conditionally Approved November 17, 2016:

 

 

FP 2016-57

DEPARTMENT OF ENVIRONMENTAL SERVICES

Cross-Program Rules

N.H. Environmental Laboratory Accreditation Program

(Response not yet received.)

 

 

FP 2016-97

GOVERNING BOARD OF PHYSICAL THERAPISTS

Requirements for Initial Licensure

(Response not yet received.)

 

 

FP 2016-98

GOVERNING BOARD OF PHYSICAL THERAPISTS

Continued Status

(Response not yet received.)

 

 

FP 2016-170

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification Payment Standards for Adoptive Report Writing

(Response received November 17, 2016 and confirmed November 21, 2016.)

 

 

FP 2016-142

BOARD OF VETERINARY MEDICINE

Veterinary Medicine and Opioid Prescribing

(Response not yet received.)

 

 

FP 2016-93

WATER WELL BOARD

Water Well Board Rules

(Response not yet received.)

 

 

REGULAR AGENDA

 

8. 9:25 a.m. Consider postponing action on certain items to another meeting.

 

9. 9:30 a.m. DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

FP 2016-149
Conditional Approval

Invasive Species

(JLCAR Deadline January 3, 2017.)

 

 

10. 9:35 a.m. BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS

 

 

INT 2016-38
Approval

Registration or Licensing Requirements

(JLCAR Deadline March 8, 2017. Most of the rules expired June 9, 2014, December 12, 2015, and November 5, 2016.)

 

 

11. 9:45 a.m. REAL ESTATE COMMISSION

 

 

INT 2016-40
Approval

Licensing Requirements; Continued Status; Conduct of Licensees

(JLCAR Deadline March 8, 2017. Former rules expired October 22, 2016.)

 

 

12. 9:50 a.m. DEPARTMENT OF SAFETY

 

 

(a) INT 2016-39
Approval with Understanding

Interim Rules for Breath Alcohol Procedure Using the Intoxilyzer 5000 Instrument

(JLCAR Deadline March 8, 2017. Implements 2016, 244 (SB 379), effective January 1, 2017.)

 

 

(b) Response to JLCAR rulemaking petition of October 20, 2016 to adopt criminal background check forms.
No Further Action

 

 

13. 10:15 a.m. INSURANCE DEPARTMENT

 

 

OR 2016-172
Postponed to 1/20/17

Regular Meeting

Prescription Prices for Pharmacists and Pharmacies

(Response not yet received. Agency Response Deadline January 3, 2017. JLCAR Deadline February 22, 2017.)

 

 

14. 10:20 a.m. BOARD OF EDUCATION TO BE POSTPONED

 

 

FP 2016-86 Postponed to 1/20/17

Regular Meeting

NH Rules for the Education of Children with Disabilities

(JLCAR Deadline February 17, 2017. Amended Final Proposal not yet received.)

 

 

15. 10:25 a.m. Discussion on requesting waiver for JLCAR deadline of January 17, 2017 for the following Final Proposal filed on December 2, 2016:

 

 

FP 2016-162
Waiver Requested

PUBLIC UTILITIES COMMISSION

Underground Utility Damage Prevention Program

 

 

16. 10:30 a.m. Orientation session for new members.

 

 

OTHER BUSINESS

17. 10:45 a.m.