JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

FEBRUARY 21, 2020 - 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. Jay Kahn

Rep. Carol M. McGuire

Sen. Ruth Ward

Rep. Peter B. Schmidt

Sen. David Watters

Rep. Kermit Williams

Sen. Regina Birdsell (Alt.)

Rep. Alan Bershtein (Alt.)

Sen. Shannon Chandley (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.)

 

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. 9:05 a.m. Committee Approval of Final Proposals:

 

 

(a) FP 2019-165

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

SO2 and NOx Annual Budget Trading and Banking Program

(JLCAR Deadline March 13, 2020.)

 

 

(b) FP 2019-208

Approval

DEPARTMENT OF LABOR

Responsibilities of Employers and Their Representatives

(JLCAR Deadline March 16, 2020.)

 

 

(c) FP 2019-211

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Indoor Smoking - Definitions

(JLCAR Deadline March 23, 2020.)

 

 

(d) FP 2019-215

Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Communications Services

(JLCAR Deadline March 16, 2020.)

 

 

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 January 17, 2020:

 

 

FP 2019-160

BOARD OF ACUPUNCTURE LICENSING

Application Process, Renewal, and Contrinuing Educaiton Units

(Response not yet received.)

 

 

FP 2019-181

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

End Stage Renal Disease Dialysis Centers

(Response received January 23, 2020 and confirmed January 24, 2020.)

 

 

FP 2019-201

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Further Amendments to Adopted Wetlands Rules

(Response received January 17, 2020 and confirmed January 17, 2020.)

 

 

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) FP 2019-210

Conditional Approval

with Request

Former Division of Human Services

Medical Assistance Services Provided by Education Agencies

(JLCAR Deadline March 23, 2020. Most of the existing rule is an emergency rule which will expire February 24, 2020.)

 

 

(b) FP 2019-197

Conditional Approval

Former Division of Human Services

Physician Services

(JLCAR Deadline March 13, 2020.)

 

 

(c) OR 2019-145

Postponed to
Continued Meeting

Former Division of Public Health Services

Lead Poisoning Prevention and Control

(JLCAR Deadline April 21, 2020.)

(Response due March 2, 2020 but not yet filed.)

 

 

8. 9:45 a.m. BOARD OF PSYCHOLOGISTS

 

 

FP 2019-135

Preliminary Objection

Informal Resolution, Post-Doctoral Supervision, Application Process,

Temporary License Application, and Written Applications

(JLCAR Deadline February 21, 2020.)

(Formerly Item #8 on 1-17-20 Agenda.)

 

 

9. 9:50 a.m. BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

 

 

(a) FP 2019-178

Conditional Approval

School and Shop Requirements, Licensee Standards, Fines, and

Inspection Notices

(JLCAR Deadline February 21, 2020.)

(Formerly Item #2(d) on 1-17-20 Agenda)

 

 

(b) FP 2019-177 Postponed to
Continued Meeting

Mobile Barbershops

(JLCAR Deadline March 9, 2020)

 

 

10. 10:00 a.m. BOARD OF MEDICAL IMAGING AND RADIATION THERAPY

 

 

FP 2019-140

Approved

Processing of Applications, Required Documents, Temporary Licenses

(JLCAR Deadline March 6, 2020.)

 

 

11. 10:10 a.m. BOARD OF DENTAL EXAMINERS

 

 

FP 2019-134

Conditional Approval

Qualified Dental Assistants' Duties, Dental Hygienists Duties, Continuing Education

(JLCAR Deadline March 13, 2020.)

 

 

12. 10:20 a.m. BOARD OF EDUCATION

 

 

FP 2019-161

Conditional Approval

Confidentiality Requirements for Education of Children with Disabilities

(JLCAR Deadline February 28, 2020.)

 

 

13. 10:30 a.m. LOTTERY COMMISSION

 

 

(a) FP 2019-153

Preliminary Objection

Bingo Rules

(JLCAR Deadline March 2, 2020.)

 

 

(b) FP 2019-154

Preliminary Objection

Lucky 7 Rules

(JLCAR Deadline March 2, 2020)

 

14. 10:50 a.m. PUBLIC UTILITIES COMMISSION

 

 

FP 2019-158

Conditional Approval

Uniform Administration of Utility Customer Relations

(JLCAR Deadline March 9, 2020.)

 

 

15. 11:00 a.m. DEPARTMENT OF SAFETY

 

(a) FP 2019-198

Postponed to
Continued Meeting

Commissioner

Substance Abuse Reduction Initiative

(JLCAR Deadline March 9, 2020.)

 

 

(b) FP 2019-188

Postponed to
Continued Meeting

Commissioner

Oil Pollution Control Fund Licensing and Fees Rules

(JLCAR Deadline March 23, 2020.)

 

 

(c) FP 2019-189

Postponed to
Continued Meeting

Commissioner

Oil Discharge and Disposal Fund Licensing and Fees Rules

(JLCAR Deadline March 23, 2020.)

 

 

(d) FP 2019-190

Postponed to
Continued Meeting

Commissioner

Fuel Oil Discharge Cleanup Fees Rules

(JLCAR Deadline March 23, 2020.)

 

 

(e) FP 2019-191 Postponed to
Continued Meeting

Commissioner

Automobile Oil Fee and Motor Oil Discharge Cleanup Fund Rules

(JLCAR Deadline March 23, 2020.)

 

 

(f) EXRF 2020-1

Preliminary Objection

Commissioner

Form DSSP 311 for Registration of Criminal Offenders

(No JLCAR Deadline.)

 

(g) Discussion on the following emergency rule:

 

 

ER (Doc. #12982)

No Further Action

Commissioner

Exceptional Disaster Relief Rules

(Effective January 23, 2020. Scheduled to expire July 21, 2020.)

 

 

16. 11:15 a.m. PHARMACY BOARD

 

 

ROR 2019-74

Postponed to
Continued Meeting

Inspections

(JLCAR Deadline April 21, 2020.)

(Response due March 2, 2020 but not yet filed.)

 

 

17. 11:30 a.m. Discussion on Petition Responses:

 

 

(a) Petition January 17, 2020 to the Department of Environmental Services relative to repeal of emergency rule
Env-Wq 1503.09(h) (Document #12949, effective December 20, 2019) on amendments to criteria for issuance of alteration of terrain permits; and

Postponed to Continued Meeting

 

 

(b) Petition January 17, 2020 to the Board of Accountancy relative to amending Ac 301.04 and Ac 301.05 on initial certification and reciprocity to address JLCAR staff comments regarding the authority under RSA 309-B of the National Association of State Boards of Accountancy (NASBA). (Response not yet filed.)

Postponed to Continued Meeting

 

OTHER BUSINESS

 

18. 11:45 a.m.