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