JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

MARCH 16, 2018 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice Chair

Sen. Kevin Avard

Rep. William A. Hatch

Sen. Dan Feltes

Rep. Timothy Lang

Sen. Harold French

Rep. Peter B. Schmidt

Sen. Jay Kahn

Rep. Terry M. Wolf

Sen. Martha Fuller Clark (Alt.)

Rep. Karen Ebel (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. William Gannon (Alt.)

Rep. Carolyn Matthews (Alt.)

Sen. Dan Innis (Alt.)

Rep. Bill Ohm (Alt.)

Sen. Ruth Ward (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. 9:05 a.m. Committee Approval of Final Proposals and Proposed Expedited Amendment to Incorporation by Reference:

 

 

(a) FP 2017-135
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Community Mental Health Regions

(JLCAR Deadline April 16, 2018. Former rules expired February 17, 2014.)

 

 

 

 

(b) FP 2017-149
Approval

FISH AND GAME DEPARTMENT

Freshwater Fishing

(JLCAR Deadline April 2, 2018. Some of the rules expired January 1, 2017.)

 

 

 

 

(c) FP 2017-173
Approval

CURRENT USE BOARD

Assessment Ranges for Forest Land Categories, With and Without Stewardship, Unproductive Land and Wetland Categories

(JLCAR Deadline April 16, 2018.)

 

 

 

 

(d) FP 2017-175
Approval

DEPARTMENT OF CORRECTIONS

Practice and Procedure

(JLCAR Deadline April 23, 2018. Some provisions are existing interim rules that will expire March 28, 2018.)

 

 

 

 

(e) FP 2017-183
Approval

DEPARTMENT OF SAFETY

Commissioner

Watercraft Safety Rafting Rules - Prohibited Areas: Winter Harbor

(JLCAR Deadline March 26, 2018.)

 

 

 

 

(f) FP 2018-1
Approval

PESTICIDE CONTROL BOARD

Restricted Use Pesticides

(JLCAR Deadline April 16, 2018.)

 

 

 

 

(g) FP 2018-3
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Phase-In of the All Veterans' Tax Credit

(JLCAR Deadline April 16, 2018.)

 

 

 

 

(h) FP 2018-11
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Classification of Special Education Aid

(JLCAR Deadline April 16, 2018.)

 

 

 

 

(i) EXIR 2018-1
Approval

BOARD OF MENTAL HEALTH PRACTICE

Code of Ethics

(No JLCAR Deadline.)

 

 

 

 

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 not previously reported 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.

 

 

 

(No conditional approvals in meeting of February 16, 2018.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. BOARD OF LICENSING FOR ALCOHOL AND DRUG USE PROFESSIONALS

 

 

FP 2017-119
Conditional Approval

Ongoing Requirements; Ethical Standards

(JLCAR Deadline March 16, 2018.)

(Formely Item #9 on the Regular Agenda for the 2-16-18 meeting.)

 

 

8. 9:25 a.m. BOARD OF FAMILY MEDIATOR CERTIFICATION

 

 

(a) INT 2018-4
Approval

Complaints of Misconduct and Investigations; Settlements; Explanation of Adopted Rules

(JLCAR Deadline May 23, 2018. Existing rules will expire April 2, 2018.)

 

 

(b) INT 2018-5
Approval

Certification Requirements; Continued Status; Ethical Standards; Initial Certification of Family Mediator Training Programs; Continued Status of Certified Family Mediator Programs

(JLCAR Deadline May 23, 2018. Existing rules will expire April 2, 2018.)

 

 

 

9. 9:30 a.m. N.H. RETIREMENT SYSTEM

 

 

(a) INT 2018-6
Approval with Recommendation

Participation in the Retirement System

(JLCAR Deadline May 23, 2018. Former rules expired October 14, 2017.)

 

 

(b) INT 2018-7
Approval

Code of Ethics

(JLCAR Deadline May 23, 2018. Former rules expired November 11, 2017.)

 

 

10. 9:35 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

INT 2018-8
Approval

Former Division of Public Health Services

Home Care Service Provider Agencies

(JLCAR Deadline May 23, 2018. Former rules expired July 25, 2017.)

 

 

11. 9:40 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2017-140
Conditional Approval with Recommendation

Water Quality and Quantity Programs

Large Groundwater Withdrawals

(JLCAR Deadline April 16, 2018.)

 

 

12. 9:50 a.m. BOARD OF EDUCATION

 

(a) FP 2017-147
Conditional Approval with Recommendation

Alternative Education and Career and Technical Education

(JLCAR Deadline April 16, 2018. Some provisions were interim rules that expired December 7, 2017 and February 21, 2018.)

 

 

 

(b) FP 2017-157
Approval

Manifest Educational Hardship

(JLCAR Deadline March 29, 2018. Former interim rules expired January 12, 2017.)

 

 

13. 10:20 a.m. DEPARTMENT OF SAFETY

 

 

(a) FP 2017-148
Conditional Approval

Commissioner

Driver Education Rules

(JLCAR Deadline March 19, 2018.)

(Formerly Item #11(a) on the Regular Agenda for the 2-16-18 meeting.)

 

 

(b) ROR 2017-74
Approval with Recommendation

Commissioner

Licensure of Private Investigators, Security Guards, and Bail Recovery Agents

(JLCAR Deadline April 24, 2018.)

 

 

14. 10:40 a.m. DEPARTMENT OF CORRECTIONS

 

 

(a) FP 2017-174
Approval

Organizational Rules

(JLCAR Deadline April 23, 2018.)

 

 

(b) FP 2017-176
Conditional Approval

Standards of Operation, Management and Administration of State Correctional Facilities

(JLCAR Deadline April 23, 2018. Existing interim rules will expire March 28, 2018.)

 

 

(c) FP 2017-177
Approval with Recommendation

Classification

(JLCAR Deadline April 23, 2018. Existing interim rules will expire March 28, 2018.)

 

 

15. 11:00 a.m. FISH AND GAME DEPARTMENT

 

 

Discussion on the following emergency rule:

 

 

Document #12489 Berry Brook and Taking of Salters
No Further Action (Effective March 7, 2018. Rule will expire September 3, 2018.)

 

 

OTHER BUSINESS

16. 11:15 a.m.