JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

MARCH 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 2018-171 Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Water Quality and Quantity Programs Winnipesaukee River Basin Program Rules (JLCAR Deadline April 15, 2019.)
(b) FP 2018-213 Approval	INSURANCE DEPARTMENT Privacy of Consumer Financial and Health Information (JLCAR Deadline April 15, 2019.)
(c) FP 2019-1 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Milk Producers, Milk Plants, Producer-Distributors, and Distributors (JLCAR Deadline April 12, 2019.)
(d) FP 2019-3 Approval	CURRENT USE BOARD Current Use Assessment Ranges (JLCAR Deadline April 8, 2019.)
(e) FP 2019-9 Approval	PESTICIDE CONTROL BOARD Definition of "Supervisory Registration Certificate-General Use" (JLCAR Deadline April 15, 2019.)
(f) FP 2019-10 Approval	PESTICIDE CONTROL BOARD Definitions, Supervisory Level Certificates, and Use Along Public Road Rights-of-Way (JLCAR Deadline April 15, 2019.)
(g) FP 2019-12 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services The Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material (JLCAR Deadline April 12, 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 received February 19, 2019 and confirmed February 19, 2019.)
FP 2018-145	PEASE DEVELOPMENT AUTHORITY Rules Regulating Pilots and Pilotage (Response not yet received.)
Conditionally Approved February 15, 2019:
FP 2018-154	ELECTRICIANS' BOARD Third Party Electrical Inspectors (Response received March 6, 2019 and confirmed March 6, 2019.)
FP 2018-159	BOARD OF NURSING Application Procedure (Response received March 4, 2019 and confirmed March 4, 2019.)
FP 2018-198	LOTTERY COMMISSION Rules for Prize Claims (Response not yet received.)
INT 2019-7	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Sanitary Production and Distribution of Food (Response received on February 19, 2019 and confirmed February 20, 2019.)
REGULAR AGENDA
6. 9:18 a.m. Consider postponing action on certain items to another meeting.
7. 9:20 a.m. DEPARTMENT OF SAFETY
FP 2018-156 Preliminary Objection	Commissioner Emergency Medical Services Rules (JLCAR Deadline March 25, 2019.)
8. 9:30 a.m. ASSESSING STANDARDS BOARD
FP 2019-2 Preliminary Objection	Certification of Assessors (JLCAR Deadline April 8, 2019.)
9. 9:40 a.m. PHARMACY BOARD
FP 2018-161 Approval with Recommendation	Continuous Quality Improvement Within Pharmacies (JLCAR Deadline April 12, 2019.)
10. 10:00 a.m. PUBLIC UTILITIES COMMISSION
FP 2018-164 Conditional Approval	Competitive Natural Gas Supplier and Aggregator Rules (JLCAR Deadline April 8, 2019.)
11. 10:10 a.m. INSURANCE DEPARTMENT
FP 2018-212 Approval	Hazardous Financial Conditions, Licensed Companies (JLCAR Deadline April 11, 2019.)
12. 10:20 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES
(a) FP 2018-214 Conditional Approval	Commissioner Certification Payment Standards for Transportation Service Providers (JLCAR Deadline April 12, 2019.)
(b) FP 2018-215 Conditional Approval	Former Division of Public Health Services Freestanding Megavoltage Radiation Therapy Facility (JLCAR Deadline April 15, 2019.)
(c) INT 2019-8 Approval	Former Division of Public Health Services Adult Family Care Residence (JLCAR Deadline June 5, 2019. Most of the rules will expire March 29, 2019.)
(d) INT 2019-9 Approval	Division of Elderly and Adult Services Nursing Facility Services (JLCAR Deadline June 5, 2019. Most of the rules will expire March 19, 2019.)
(e) INT 2019-10 Approval	Former Division of Mental Health and Developmental Services Certification Standards for Behavioral Health Community Residences (JLCAR Deadline June 5, 2019. Most of the rules will expire March 25, 2019.)
OTHER BUSINESS 13. 11:00 a.m.
(a) Discussion on waiver of April 19, 2019 and April 25, 2019 deadlines for JLCAR consideration of the following Final Proposals: Waivers Requested
FP 2018-182	FISH AND GAME DEPARTMENT Closure of Portion of Bellamy River to Waterfowl Hunting and Licensing of Guides
FP 2018-181	DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Testing and Monitoring Procedures
(b) Discussion on use of Jus 800 Model Rules of Practice and Procedure by the Office of Professional Licensure and Certification in an adjudicative hearing on March 15, 2019. No Further Action