JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

MARCH 17, 2017 - 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. John Graham

Sen. Dan Feltes

Rep. William A. Hatch

Sen. Harold French

Rep. Rick M. Ladd

Sen. Jay Kahn

Rep. Peter B. Schmidt

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 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


 

CONSENT AGENDA

 

2. 9:05 a.m. Committee Approval of Final Proposals:

 

 

(a) FP 2016-171
Approval

FISH AND GAME DEPARTMENT

Conservation of Threatened and Endangered Species; Wildlife Control Operators; and

Limits on Take of Certain Fish

(JLCAR Deadline April 10, 2017.)

 

 

(b) FP 2016-216

Approval

BOARD OF EDUCATION

World Language

(JLCAR Deadline March 31, 2017. Former rules expired October 25, 2016.)

 

 

(c) FP 2016-219
Approval

DEPARTMENT OF SAFETY

Commissioner

Operation of the Central Repository: Criminal Records

(JLCAR Deadline April 17, 2017.)

 

 

(d) FP 2016-240
Approval

ADULT PAROLE BOARD

Criteria for Granting, Denying, and Revoking Parole and Conditions for the Conduct

of Parolees

(JLCAR Deadline April 3, 2017. Former rules expired September 6, 2016.)

 

 

(e) FP 2017-4
Approval

DEPARTMENT OF HEALTH OF HUMAN SERVICES

Commissioner

Certification Payment Standards for Community Based In-Home Service Providers

(JLCAR Deadline April 17, 2017. Existing interim rule will expire March 18, 2017.)

 

 

(f) FP 2017-6
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Land and Community Heritage Investment Program Recording Surcharge

(JLCAR Deadline April 17, 2017.)

 

 

(g) FP 2017-7
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Electricity Consumption Tax

(JLCAR Deadline April 17, 2017.)

 

 

(h) FP 2017-8
Approval

DEPARTMENT OF HEALTH OF HUMAN SERVICES

Former Division of Human Services

Pharmaceutical Services

(JLCAR Deadline April 17, 2017.)

 

 

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

 

 

(a) FP 2017-5
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification for Payment Standards for Foster Family Care Service Credentials

(JLCAR Deadline April 17, 2017. Existing interim rule will expire March 18, 2017.)

 

 

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.

 

 

Conditionally Approved January 20, 2017:

 

 

FP 2016-116

BOARD OF PROFESSIONAL GEOLOGISTS

Licensure Requirements; Continued Status; Ethical Standards and License Surrender

(Response received March 13, 2017 and confirmed March 13, 2017.)

 

 

Conditionally Approved February 17, 2017:

 

 

FP 2016-112

BOARD OF EDUCATION

Dance Teacher and Dance Education

(Response not yet received.)

 

 

FP 2016-226

DEPARTMENT OF SAFETY

Commissioner

Display Fireworks Rules

(Response received March 2, 2017 and confirmed March 2, 2017.)

 

 

FP 2016-209

INSURANCE DEPARTMENT

Uniform Prior Authorization Forms and Electronic Standard for Prescription Drug Benefits

(Response received February 27, 2017 and confirmed February 27, 2017.)

 

 

FP 2016-230

INSURANCE DEPARTMENT

Form and Rate Filings

(Response received February 27, 2017 and confirmed February 27, 2017.)

 

 

FP 2016-86

BOARD OF EDUCATION

NH Rules for the Education of Children with Disabilities

(Response not yet received.)

 

 

FP 2016-167

DEPARTMENT OF HEALTH OF HUMAN SERVICES

Commissioner

Certification Payment Standards for Health Care and Laboratory Service Providers

(Response received February 27, 2017 and confirmed February 27, 2017.)

 

 

FP 2016-245

DEPARTMENT OF SAFETY

Commissioner

On-Demand Official Motor Vehicle Inspection Sticker Rules

(Response not yet received.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2016-174
Approval with
Understanding

Water Quality and Quantity Programs

Water Use Registration and Reporting

(JLCAR Deadline March 27, 2017.)

 

 

8. 9:25 a.m. BOARD OF EDUCATION TO BE POSTPONED; WAIVER NEEDED

 

 

FP 2016-210
Postponed to
4/21/17
Regular Meeting

Manifest Educational Hardship

(JLCAR Deadline March 31, 2017. Former interim rule expired January 12, 2017.)

 

 

9. 9:30 a.m. ADULT PAROLE BOARD

 

 

FP 2016-239
Approval

Organizational and Procedural Rules

(JLCAR Deadline April 3, 2017. Former Par 213 expired September 6, 2016.)

 

 

10. 9:35 a.m. FISH AND GAME DEPARTMENT

 

 

FP 2016-168
Approval

Partial Closure of Willand Pond, Dover and Somersworth NH to Hunting

(JLCAR Deadline April 14, 2017.)

 

 

11. 9:45 a.m. NATUROPATHIC BOARD OF EXAMINERS

 

 

FP 2016-175
Conditional
Approval

Licensing and Certification Requirements; Continued Status

(JLCAR Deadline April 13, 2017. Most of the former rules expired June 18, 2013, July 11, 2014, and March 17, 2015.)

 

 

12. 9:50 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2017-9
Conditional
Approval with Understanding

Former Division of Mental Health and Developmental Services

Community Mental Health Services and Peer Support Specialist

(JLCAR Deadline April 17, 2017. Existing interim rule will expire March 28, 2017.)

 

 

(b) INT 2017-6
Approval

Commissioner

Data Submission and Release of Health Care Facility Discharge Data

(JLCAR Deadline June 7, 2017. Existing regular rules will expire March 21, 2017.)

 

 

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

 

 

EXRF 2017-1
Approval

Commissioner

Non-Resident Pistol/Revolver License Application Form

(No JLCAR Deadline. Expedited revision implements SB 12-FN (Chapter 159), effective February 22, 2017.)

 

 

14. 10:20 a.m. BOARD OF AUCTIONEERS

 

 

(a) OR 2016-138
Approval with Understanding

Definitions, Organization, and Public Information

(JLCAR Deadline April 25, 2017.)

 

 

(b) OR 2016-139

Revised Objection

Complaints and Hearing Procedures, Licensing Requirements, Continued Status, and
Ethical Standards

(JLCAR Deadline April 25, 2017. Former rules expired January 1, 2006.)

 

 

15. 10:30 a.m. Discussion on agency rule reports requested in Governor's rulemaking moratorium on January 5, 2017.

No Further Action

 

 

 

OTHER BUSINESS

16. 10:45 a.m.