JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

DECEMBER 21, 2006 - 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

Bonnie G. Mitchell

Robert J. Letourneau

Betsey L. Patten

Michael Downing

James R. MacKay

Iris W. Estabrook (Alt.)

John DeJoie (Alt.)

Kathleen G. Sgambati (Alt.)

Sharon M. Carson (Alt.)

Peter Hoe Burling (Alt.)

 

Joseph D. Kenney (Alt.)

 

Peter E. Bragdon (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

12. 10:40 am FP 2006-139 Lab

2. 9:05 am Elect Chairperson and Vice-Chairperson

13. 11:00 am INT 2006-41 Lan

3. 9:15 am Review Minutes

14. 11:10 am Disc. on FP 2006-150 Med

 

15. 11:30 am INT 2006-43 He-W, Disc. on ER He-E,

Consent Agenda

FP's 2006-134 He-W & 140 He-P

4. 9:20 am Final Proposals

16. 12:30 pm FP's 2006-86, 87 & 154 Pari

5. 9:23 am Objection Responses

17. 1:00 pm LUNCH BREAK

6. 9:24 am Preliminary Objections

18. 2:00 pm FP's 2006-123 & 124 Agr

 

19. 2:30 pm FP's 2006-119 & 121 Fis

Regular Agenda

20. 3:30 pm INT 2006-42 Puc

7. 9:25 am Postpone Items

21. 3:45 pm OR's from 11-16-06 Meeting

8. 9:30 am FP's 2006-105 Env-Wq, 2006-130 & 131 Env-A

 

Other Business

9. 9:50 am FP's 2006-79 & 80 Nur

22. 4:00 pm Other

10. 10:00 am FP's 2006-132, 138, & 152 Saf-C

 

11. 10:20 am INT's 2006-45 & 46 Emp

 

 

 

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.

 

2. Elect Chairperson and Vice-Chairperson.

 

 

3. Review minutes.

 

 

CONSENT AGENDA

 

 

 

4. Committee Approval of Final Proposals and Proposed Interim Rules:

 

 

 

 

(a) FP 2006-78

Approval

BOARD OF NURSING

Terms, Organizational Rules

(JLCAR Deadline January 11, 2007.)

 

 

 

 

(b) FP 2006-120

Approval

FISH AND GAME DEPARTMENT

Marine Rules Cod Length and Recreational Season

(JLCAR Deadline January 22, 2007.)

 

 

 

 

(c) FP 2006-125

Approval

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Wolf Hybrids

(JLCAR Deadline January 11, 2007.)

 

 

 

 

(d) FP 2006-133

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Early and Periodic Screening, Diagnosis, and Treatment Services

(JLCAR Deadline January 22, 2007. Existing regular rules expire January 30, 2007.)

 

 

 

 

(e) FP 2006-141

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

General Program Information

(JLCAR Deadline January 19, 2007. Most of the existing regular rules expire January 1, 2007.)

 

 

 

 

(f) FP 2006-148

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Waste Management

Hazardous Waste Manifest Rules Definitions

(JLCAR Deadline January 22, 2007.)

 

 

 

 

(g) FP 2006-149

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Waste Management

Hazardous Waste Manifest Rules

(JLCAR Deadline January 22, 2007.)

 

 

 

 

(h) FP 2006-151

Objection

DEPARTMENT OF SAFETY

2006 Watercraft Restriction Rules

(JLCAR Deadline January 22, 2007.)

 

 

 

 

(i) INT 2006-44

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules for Medical Assistance and Temporary

Assistance to Needy Families

(JLCAR Deadline March 8, 2007. Existing regular rules expire January 1, 2007 and March 3, 2007.)

 

 

 

 

5. Committee Acceptance of Agency Responses to Objections:

 

 

 

 

(Selected Items)

 

 

 

 

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

 

 

 

(Selected items)

 

 

 

 

REGULAR AGENDA

 

 

 

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

 

 

 

 

8. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

 

 

(a) FP 2006-105

Approval

Water Quality and Quantity Programs

Best Management Practices for Groundwater Protection

(JLCAR Deadline January 8, 2007.)

 

 

 

 

(b) FP 2006-130

Conditional Approval

Division of Air Resources

Other Solid Waste Incineration (OSWI)

(JLCAR Deadline January 1, 2007.)

 

 

 

 

(c) FP 2006-131

Approval

Division of Air Resources

Hospital/Medical/Infectious Waste Incineration

(JLCAR Deadline January 1, 2007.)

 

 

 

 

9. BOARD OF NURSING

 

 

 

 

(a) FP 2006-79

Conditional Approval

Practice and Procedure

(JLCAR Deadline January 11, 2007. Interim rules will expire December 21, 2006.)

 

 

 

 

(b) FP 2006-80

Conditional Approval

Disciplinary Proceedings; Complaints; Investigations; Immediate License Suspension; Disciplinary Sanctions; License Surrender; Removal of Sanctions

(JLCAR Deadline January 11, 2007. Interim rules will expire December 21, 2006.)

 

 

 

 

10. DEPARTMENT OF SAFETY

 

 

 

 

(a) FP 2006-132

Approval

Restoration Fee Waiver Rules

(JLCAR Deadline December 29, 2006. Former regular rules expired March 3, 2006.)

 

 

 

 

(b) FP 2006-138

Conditional Approval

Administrative License Suspension Rules

(JLCAR Deadline January 22, 2007. Interim rules will expire January 12, 2007.)

 

 

 

 

(c) FP 2006-152

Approval

Rules for Railroad Police

(JLCAR Deadline January 22, 2007. Former regular rules expired March 25, 2005.)

 

 

 

 

11. DEPARTMENT OF EMPLOYMENT SECURITY

 

 

 

 

(a) INT 2006-45

Postponed to 1/5/07 Continued Meeting

Reimbursing Employers

(JLCAR Deadline March 8, 2007. Most of HB 1588 effective January 1, 2007.)

 

 

 

 

(b) INT 2006-46

Postponed to 1/5/07 Continued Meeting

Charging for Benefits in Cases of Two or More Concurrent Employers

 

 

(JLCAR Deadline March 8, 2007. Most of HB 1588 effective January 1, 2007.)

 

 

 

 

12. FP 2006-139

Postponed to 1/5/07 Continued Meeting

DEPARTMENT OF LABOR

Safety and Health of Employees

(JLCAR Deadline January 5, 2007. Former interim rules expired October 9, 2006.)

 

 

 

 

13. INT 2006-41

Postponed to 1/5/07 Continued Meeting

BOARD OF LICENSURE FOR LAND SURVEYORS

Rules Regarding Re-examinations, Fees, Disciplinary Matters

(JLCAR Deadline February 20, 2007. Existing regular rules will expire January 12, 2007.)

 

 

 

 

14. Discussion of the following Final Proposal:

 

 

 

FP 2006-150

Postponed to 1/5/07 Continued Meeting

BOARD OF MEDICINE

Rules Regarding Practice and Procedures for Physicians Licensed in New Hampshire

(JLCAR Deadline January 25, 2007. Existing interim rules expired December 13, 2006.)

NOTE: This is a late-filed rule. To be placed on the agenda and subject to JLCAR vote, the 14-day filing deadline under RSA 541-A:12, I must be waived by the Director of OLS after consultation with the Chair and Vice-Chair of JLCAR.

 

 

15. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

 

 

(a) INT 2006-43

Approval

Former Division of Human Services

Services Limits, Non-Covered Services and Co-Payments

(JLCAR Deadline March 8, 2007. Most of the existing regular rules expire January 1, 2007.)

 

 

 

 

(b) Discussion on the following emergency rule effective December 1, 2006:

Postponed to 1/5/07 Continued Meeting

 

 

Document #8769

Former Division of Elderly and Adult Services

Nursing Facility Reimbursement Amendments

He-E 806.31

(No JLCAR Deadline. Emergency rule will expire May 30, 2007. JLCAR may only petition for repeal, if appropriate, pursuant to RSA 541-A:18, IV.)

 

 

(c) FP 2006-134

Postponed to 1/5/07 Continued Meeting

Former Division of Human Services

Durable Medical Equipment, Prosthetic and Orthotic Devices, and Medical Supplies

(JLCAR Deadline January 19, 2007. Former regular rules expired December 29, 2003.)

 

 

(d) FP 2006-140

Postponed to 1/5/07 Continued Meeting

Former Division of Public Health Services

Financial Assistance to Partially Fund Towns or Cities for Mosquito Control Activities

(JLCAR Deadline January 22, 2007. Existing emergency rules expire January 13, 2007.)

 

 

16. PARI-MUTUEL COMMISSION

 

 

 

 

(a) FP 2006-86

Postponed to 1/5/07 Continued Meeting

Bingo Games

(JLCAR Deadline January 11, 2007.)

 

 

 

 

(b) FP 2006-87

Postponed to 1/5/07 Continued Meeting

Lucky 7 Tickets

(JLCAR Deadline January 11, 2007.)

 

 

 

 

(c) FP 2006-154

Postponed to 1/5/07 Continued Meeting

Games of Chance

(JLCAR Deadline January 15, 2007. Existing interim rules expire January 21, 2007.)

 

 

 

 

17. LUNCH BREAK

 

 

 

 

 

18. DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

 

 

(a) FP 2006-123

Postponed to 1/5/07 Continued Meeting

Livestock Events

(JLCAR Deadline January 11, 2007. Former regular rules expired August 21, 2006.)

 

 

 

 

(b) FP 2006-124

Postponed to 1/5/07 Continued Meeting

Docking Tails of Horses

(JLCAR Deadline January 11, 2007. Former regular rules expired July 1, 2006.)

 

 

 

19. FISH AND GAME DEPARTMENT

 

 

 

 

(a) FP 2006-119

Postponed to 1/5/07 Continued Meeting

Use of Leashed Dogs for Tracking Big Game Animals

(JLCAR Deadline January 22, 2007.)

 

 

 

 

(b) FP 2006-121

Postponed to 1/5/07 Continued Meeting

Snowshoe Hare

(JLCAR Deadline January 22, 2007.)

 

 

 

 

20. INT 2006-42

Postponed to 1/5/07 Continued Meeting

PUBLIC UTILITIES COMMISSION

N.H. Code for Energy Conservation in New Building Construction

(JLCAR Deadline March 8, 2007. Existing regular rules expire February 1, 2007.)

 

 

 

21. Remaining Responses to Preliminary Objections made in November 16, 2006 Meeting But Not Yet Received by Committee Staff.

 

(a) OR 2006-122

FISH AND GAME DEPARTMENT

State Managed Lands Rules Including Connecticut Lakes National Area

(JLCAR Deadline February 21, 2007.)

 

 

OTHER BUSINESS

 

 

22. Other