JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

MARCH 19, 2010 - 9:00 a.m.

ROOMS 210/211 LEGISLATIVE OFFICE BUILDING*

*Room 209 is available as a work room for agencies.

Senate Members of JLCAR	House Members of JLCAR
Jacalyn L. Cilley	Maurice L. Pilotte
Martha Fuller Clark	Peter B. Schmidt
Amanda Merrill	Betsey L. Patten
Robert J. Letourneau	Suzanne H. Gottling
Sharon M. Carson	Alida I. Millham
Kathleen G. Sgambati (Alt.)	Laurie J. Boyce (Alt.)
Matthew S. Houde (Alt.)	Kathleen N. Taylor (Alt.)
Betsi DeVries (Alt.)	Kimberley S. Casey (Alt.)
Michael Downing (Alt.)	Tara A. Sad (Alt.)
Peter E. Bragdon (Alt.)	David H. Kidder (Alt.)

The times and order specified for the agenda and 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 am Convene and Review Minutes	9. 10:15 am FP 2010-2 Rev
	10. 11:30 am FP 2009-164 Frl
Consent Agenda	11. 12:00 pm FP 2009-189 Ed
2. 9:05 am Final Proposals	12. 1:00 pm LUNCH BREAK
3. 9:10 am Objection Responses	13. 2:00 pm Disc. on Manual
4. 9:12 am Preliminary Objections	14. 2:30 pm FP 2009-130 He-M - Postponed
	pending policy committee input
Regular Agenda	15. 3:00 pm OR's from 11-19-09 Meeting
5. 9:13 am Postpone Items	16. 3:15 pm OR's from 3-5-10 Meeting
6. 9:15 am FP 2009-76 Ins
7. 9:45 am FP 2009-157 Pes	Other Business
8. 10:00 am INT's 2010-2 & 3 Jus	17. 3:30 pm Other

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

1. Convene and Review Minutes

JLCAR Deadlines Noted Below:
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.

CONSENT AGENDA
2. Committee Approval of Final Proposals:
(a) FP 2009-167 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Newborn Screening and Newborn Hearing Screening (JLCAR Deadline April 5, 2010.)
(b) FP 2009-218 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Interim Disabled Parent (IDP) Program (JLCAR Deadline April 15, 2010.)
(c) FP 2009-221 Approval	DEPARTMENT OF SAFETY Breath Alcohol Procedure Rules (JLCAR Deadline April 19, 2010.)
(d) FP 2009-222 Approval	DEPARTMENT OF SAFETY Alcohol and Controlled Drug Rules (JLCAR Deadline April 19, 2010.)
(e) FP 2009-223 Approval	DEPARTMENT OF SAFETY Preliminary Breath Test Rules (JLCAR Deadline April 19, 2010.)
3. Committee Acceptance of Agency Responses to Objections:
(No Items)
4. 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 February 5, 2010:
FP 2009-163	FISH AND GAME DEPARTMENT Fish and Game Rules Relative to Off Highway Recreation Vehicles and Snowmobiles (Response received 2-18-10 and confirmed 2-22-10.)
Conditionally Approved February 19, 2010:
FP 2009-203	DEPARTMENT OF REVENUE Interest and Dividends Tax (Response received 2-22-10 and confirmed 2-22-10.)
Conditionally Approved March 5, 2010:
FP 2009-206	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Reflexology, Structural Integrators, and Asian Bodywork Therapists (Response received 3-12-10 and confirmed 3-15-10.)
REGULAR AGENDA
5. Consider postponing action on certain items to another meeting.
6. FP 2009-76 Conditional Approval	INSURANCE DEPARTMENT Requirements for Accident and Health Insurance Rate Submissions (JLCAR Deadline March 19, 2010.) (Formerly Item 12 on 2-19-10 and 3-5-10 agendas.)
7. FP 2009-157 Approval	PESTICIDE CONTROL BOARD Appeal Hearings and Various Requirements on Certification, Licensing, Labeling, Use in Rights-of-Way, Restricted Use Pesticides, Record Keeping, Use Restrictions, and Training (JLCAR Deadline March 29, 2010.)
8. DEPARTMENT OF JUSTICE
(a) INT 2010-2 Approval	Land Sales Full Disclosure Rules (JLCAR Deadline June 10, 2010. Former rules expired January 31, 2010.)
(b) INT 2010-3 Approval	Condominium Rules (JLCAR Deadline June 10, 2010. Former rules expired January 31, 2010.)
9. FP 2010-2 Conditional Approval with Recommendation	DEPARTMENT OF REVENUE ADMINISTRATION Gambling Tax (JLCAR Deadline April 26, 2010.)
10. FP 2009-164 Objection	BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS Unlicensed Personnel, Eye Procurement and Preparation Room Requirements and Equipment (JLCAR Deadline April 8, 2010.)
11. FP 2009-189 Conditional Approval	BOARD OF EDUCATION Standards for the Education of Students with a Disability (JLCAR Deadline April 12, 2010.)
12. LUNCH BREAK
13. Discussion on amendments to Drafting and Procedure Manual for Administrative Rules. Postponed to 4/2/10 Continued Meeting
14. FP 2009-130 Postponed to 4/2/10 Continued Meeting	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health & Developmental Services Eligibility Determination and Service Planning for Individuals With An Acquired Brain Disorder (No JLCAR deadline. Deadline has been waived.) (Formerly Item 10(a) on 2-19-10 and 3-5-10 agendas. Postponed pending input from policy committees.)
15. Responses to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet Received by Committee Staff:
(a) OR 2008-165	BOARD OF MENTAL HEALTH PRACTICE Practice and Procedure Rules (No JLCAR deadline, because agency's objection response deadline was waived.)
(b) OR 2008-166	BOARD OF MENTAL HEALTH PRACTICE Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees (No JLCAR deadline, because agency's objection response deadline was waived.)
16. Responses to Preliminary Objections Made in March 5, 2010 Meeting But Not Yet Received by Committee Staff:
(a) OR 2009-108	DEPARTMENT OF ENVIRONMENTAL SERVICES Wetlands Programs Amendments Relative to Stream Crossings (JLCAR Deadline June 8, 2010.)
(b) OR 2009-109	DEPARTMENT OF ENVIRONMENTAL SERVICES Wetlands Programs Stream Crossings (JLCAR Deadline June 8, 2010.)
(c) OR 2009-176	LIQUOR COMMISSION Agency Store Rules (JLCAR Deadline June 8, 2010.)
OTHER BUSINESS
17. Other