JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

December 17, 2020 - 9:00 a.m.

REMOTE MEETING

Instructions at http://gencourt.state.nh.us/rules/default.htm

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. James Gray

Rep. Alan Bershtein

Sen. John Reagan

Rep. Willam A. Hatch

Sen. Ruth Ward

Rep. Timothy P. Lang

Sen. David Watters

Rep. Carol M. McGuire

Sen. Rebecca Whitley

Rep. Peter M. Schmidt

Sen. (Alt.)

Rep. Terry Roy (Alt.)

Sen. (Alt.)

Rep. Dianne E. Schuett (Alt.)

Sen. (Alt.)

Rep. (Alt.)

Sen. (Alt.)

Rep. (Alt.)

Sen. Alt.)

Rep. (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, Remote Meeting Script, and Roll Call

2.   9:05 a.m.    Elect Chairperson and Vice-Chairperson, and Seating of Alternates

3.   9:10 a.m.    Review Minutes and Proposed Meeting Schedule for 2021

 

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

EXIR Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

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

 

 

(a)  FP 2020-87

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Oil and Remediation Programs

Change to Ambient Groundwater Quality Standard for Manganese

(JLCAR Deadline January 19, 2021.)

 

 

5.   9:18 a.m.    Committee Conditional Approvals:

 

 

(a)  FP 2020-72

Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

NH Residential Child Care Licensing Rules

(JLCAR Deadline December 22, 2020.)

(Formerly Item #9(c) on November 19, 2020 Agenda.)

 

 

(b)  FP 2020-81

Conditional Approval

BOARD OF EDUCATION

Home Education

(JLCAR Deadline January 12, 2021.)

 

 

(c)  FP 2020-84

Conditional Approval

DEPARTMENT OF LABOR

Safety Programs and Joint Loss Management Committees

(JLCAR Deadline January 4, 2021.)

 

 

(d)  INT 2020-6

Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Office of Alcohol & Drug Abuse Prevention

Voluntary Registry of Recovery Houses

(JLCAR Deadline February 23, 2021.)

 

 

6.   9:20 a.m.    Committee Acceptance of Agency Responses to Objections:

 

(No items)

 

 

7.   9:22 a.m.    Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(No items)

 

 

 

NOTE:

 

The following proposal was conditionally approved by the Committee on the date indicated.  Also noted is whether there is an agency response and subsequent confirmation by the Office of Legislative Services that the proposal has been amended as conditionally approved.  No further Committee action is required in that case

 

 

Conditionally Approved November 19, 2020:

 

 

FP 2020-56

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Limitations on Child Restraints and Seclusion Practices

(Response received November 19, 2020 and confirmed November 19, 2020.)

 

REGULAR AGENDA

 

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

 

 

9.   9:30 a.m.    DEPARTMENT OF SAFETY

 

(a) FP 2020-90

Preliminary Objection

Commissioner

Firefighter Medical Examination Reimbursement

(JLCAR Deadline January 25, 2021.)

 

 

(b)  OR 2019-202

Postponed to 1/15/21
Regular Meeting

Commissioner

Road Toll Administration Rules

(JLCAR Deadline February 23, 2021.  Some rules were interim rules that

expired June 29, 2020.)

(Response not yet received.  Response due by January 4, 2021.)

 

 

10. 9:35 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

OR 2020-54

Revised Objection

Drinking Water Programs

Drinking Water State Revolving Loan Fund Program

(JLCAR Deadline January 21, 2021.)

(Formerly Item #8 on November 19, 2020 Agenda.)

 

 

11. 9:45 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2019-209

Postponed to 1/15/21
Regular Meeting

JLCAR Waiver Requested

Former Division of Public Health Services

Rules for Hospitals

(JLCAR Deadline December 22, 2020.  Former interim rules expired April 22, 2018.)

(Formerly Item #9(a) on November 19, 2020 Agenda.)

 

 

(b)  INT 2020-5

Preliminary Objection

Former Division of Human Services

Expungement of SNAP Benefits

(JLCAR Deadline February 23, 2021.)

 

 

(c)  Discussion on editorial change request for He-E 501.05(a)(4), effective 12-7-19 (Document #12936), on the monthly income eligibility limit subject to the annual cost of living adjustment (COLA) for services under the Social Services Block Grant.

 

 

12.  10:00 a.m. DEPARTMENT OF CORRECTIONS

 

 

OR 2020-62

Accepted/Approved

w/Recommendation

Visitation, Request Slips, Grievances, Resident Mail, E-Mail, &

Package Service

(JLCAR Deadline January 21, 2021.)

(Formerly Item #10 on November 19, 2020 Agenda.)

 

 

13.  10:10 a.m. BOARD OF MENTAL HEALTH PRACTICE

 

 

(a)  FP 2020-75

Conditional Approval

Organizational Rules

(JLCAR Deadline December 22, 2020.)

(Formerly Item #11(a) on November 19, 2020 Agenda.)

 

 

(b)  FP 2020-78

Conditional Approval

Ethical and Professional Standards, Responsibilities of Licensees

(JLCAR Deadline December 28, 2020.)

(Formerly Item #11(b) on November 19, 2020 Agenda.)

 

 

14.  10:25 a.m. BOARD OF EDUCATION

 

 

FP 2020-83

Conditional Approval

Demonstrated Knowledge and Skills in High School

(JLCAR Deadline January 22, 2021.)

 

 

15.  10:35 a.m. INSURANCE DEPARTMENT

 

 

FP 2020-85

Conditional Approval

Antifraud Plans Standards

(JLCAR Deadline January 5, 2021.)

 

 

16. 10:50 a.m.  Discussion on the following emergency rules:

 

 

(a)  ER Doc. #13141

No Further Action

BOARD OF NURSING

Instructor Qualifications

(Effective December 4, 2020.  Scheduled to expire June 2, 2021.)

 

 

(b)  ER Doc. #13145

No Further Action

OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

Method for Applying for a Student Nurse Emergency License

(Effective December 11, 2020.  Scheduled to expire June 9, 2021.)

 

OTHER BUSINESS

17. 11:10 a.m.