JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

FEBRUARY 15, 2019 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice-Chair

Rep. William A. Hatch, Chair

Sen. Jeanne Dietsch

Rep. Kathleen Hoelzel

Sen. Dan Feltes

Rep. Carol M. McGuire

Sen. Jay Kahn

Rep. Peter B. Schmidt

Sen. Ruth Ward

Rep. Kermit Williams

Sen. Regina Birdsell (Alt.)

Rep. Timothy Fontneau (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. David Karrick (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Timothy Lang (Alt.)

Sen. James Gray (Alt.)

Rep. Dianne E. Schuett (Alt.)

Sen. David Watters (Alt.)

Rep. John Sytek (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, Seating of Alternates, and Review Minutes

 

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

 

2. 9:15 a.m. Committee Approval of Final Proposals:

 

 

(a) FP 2018-153
Approval

ELECTRICIANS' BOARD

Meetings

(JLCAR Deadline March 18, 2019.)

 

 

(b) FP 2018-196
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Underground Injection Control Requirements

(JLCAR Deadline March 18, 2019.)

 

 

(c) FP 2018-199
Approval

LOTTERY COMMISSION

Rules for All Instant Lottery Games

(JLCAR Deadline March 11, 2019.)

 

 

(d) FP 2018-202
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Qualified Regenerative Manufacturing Companies

(JLCAR Deadline March 18, 2019.)

 

 

3. 9:10 a.m. Committee Conditional Approvals:

 

 

(No Items)

 

 

4. 9:15 a.m. Committee Acceptance of Agency Responses to Objections:

 

(No Items)

 

 

5. 9:16 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 December 20, 2018:

 

 

FP 2018-151

OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Fees Charged by the Governing Boards

(Response received February 14, 2019 and confirmed February 14, 2019.)

 

 

Conditionally Approved January 18, 2019:

 

 

FP 2018-74

BOARD OF EDUCATION

Non-public School Approval

(Response received February 14, 2019 and confirmed February 14, 2019.)

 

 

FP 2018-135

DEPARTMENT OF SAFETY

Commissioner

Display Fireworks Rules

(Response not yet received.)

 

 

FP 2018-145

PEASE DEVELOPMENT AUTHORITY

Rules Regulating Pilots and Pilotage

(Response not yet received.)

 

 

FP 2018-183

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Amendments Regarding Individual Sewage Disposal System Loading Calculations, Amended ISDS Plans, Daily Flow Calculations

(Response received on January 18, 2019 and confirmed January 18, 2019.)

 

 

INT 2019-1

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

The Social Services Block Grant (Title XX)

(Response received on January 25, 2019 and confirmed January 25, 2019.)

 

 

INT 2019-2

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

New Hampshire Nursing Home Rules

(Response received on January 25, 2019 and confirmed January 25, 2019.)

 

 

INT 2019-3

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Submission of Health Care Facility Financial Data

(Response received on January 23, 2019 and confirmed January 24, 2019.)

 

 

REGULAR AGENDA

 

6. 9:18 a.m. Consider postponing action on certain items to another meeting.

 

7. 9:20 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) OR INT 2018-26

Approval with Recommendation

Former Division of Human Services

NH Granite Advantage Health Care Program

(JLCAR Deadline March 13, 2019. Interim rule implements 2018, 342:1 (SB 313),
effective January 1, 2019.)

(Formerly Item #11(a) on 1-18-19 Agenda.)

 

 

(b) INT 2019-4
Approval

Former Division of Mental Health and Developmental Services

Rights Protection Procedures

(JLCAR Deadline May 1, 2019. Former rules expired January 20, 2019.)

 

 

(c) INT 2019-5
Approval

Former Division of Human Services

Medical Services Clinics

(JLCAR Deadline May 1, 2019. Most of the former rules expired February 8, 2019.)

 

 

(d) INT 2019-6
Approval

Former Division of Public Health Services

Rules for Residential Treatment and Rehabilitation Facilities

(JLCAR Deadline May 8, 2019. Most of the existing rules will expire February 24, 2019.)

 

 

(e) INT 2019-7
Conditional Approval

Former Division of Public Health Services

Sanitary Production and Distribution of Food

(JLCAR Deadline May 8, 2019. Most of the former rules expired February 1, 2019.)

 

 

8. 9:35 a.m. BOARD OF NURSING

 

 

FP 2018-159
Conditional Approval

Application Procedure

(JLCAR Deadline February 15, 2019.)

(Formerly Item #9 on 11-15-18 Agenda and 1-18-19 Agenda.)

 

 

9. 9:40 a.m. ELECTRICIANS' BOARD

 

 

(a) FP 2018-154
Conditional Approval with Recommendation

Third Party Electrical Inspectors

(JLCAR Deadline March 18, 2019.)

 

 

(b) FP 2018-201
Approval with Recommendation

Supervision

(JLCAR Deadline March 25, 2019.)

 

 

10. 9:50 a.m. LOTTERY COMMISSION

 

 

FP 2018-198
Conditional Approval

Rules for Prize Claims

(JLCAR Deadline March 11, 2019.)

 

 

11. 10:00 a.m. DEPARTMENT OF SAFETY

 

 

OR 2018-122
Approval

Commissioner

Modular Buildings and Building Components Rules

(JLCAR Deadline March 26, 2019.)

 

 

OTHER BUSINESS

12. 10:10 a.m.