JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

MARCH 20, 2015 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice Chair

Rep. Carol M. McGuire, Chair

Sen. Kevin Avard

Rep. David H. Kidder

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Dan Feltes

Rep. Tara A. Sad

Sen. David Watters

Rep. Peter B. Schmidt

Sen. Regina Birdsell (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. John Sytek (Alt.)

Sen. Gary Daniels (Alt.)

(Alt.)

Sen. Nancy Stiles (Alt.)

(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 2014-185
Approval

ELECTRICIANS' BOARD

Electricians' Board Rules Regarding Applications and Examinations

(JLCAR Deadline April 6, 2015.)

 

 

(b) FP 2015-5
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to the Financial Assistance to Needy Families (FANF) Financial Assistance Program

(JLCAR Deadline April 13, 2015.)

 

 

(c) FP 2015-10
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Expiring Radiological Health Rules for Radiation Safety Requirements for Analytical X-Ray Equipment and Radiation Requirements for Particle Accelerators

(JLCAR Deadline April 20, 2015.)

 

 

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

 

 

(a) FP 2015-8
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Radiological Health Rules Relating to Scope, Exemptions, and General Provisions, Notices, Instructions, Report to Workers, Inspections, and Surveys and Monitoring

(JLCAR Deadline April 20, 2015.)

 

 

(b) FP 2015-9
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Use of Radiation Machines; Definitions

(JLCAR Deadline April 20, 2015.)

 

 

4. 9:15 a.m. Committee Acceptance of Agency Responses to Objections:

 

(a) ROR 2014-143
Accepted/Approval

DEPARTMENT OF LABOR

Safety and Health of Public Employees

(JLCAR Deadline May 12, 2015.)

 

 

(b) OR 2014-157
Accepted/Approval

BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

Apprentice, School Instructor and Shop License, School and Shop Requirements, Estheticians, Individuals Licensed in Another State, Fine Procedures, Notice, Violation Points, Tanning Facilities

(JLCAR Deadline May 20, 2015.)

 

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 February 20, 2015

 

 

FP 2014-184

DEPARTMENT OF REVENUE ADMINISTRATION

Residency and Taxability of Special Entities and Deductions for Trust Beneficiary Income

(Response received 3-6-15 and confirmed 3-6-15.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. PHARMACY BOARD

 

 

(a) FP 2014-150
Conditional Approval

Pharmacist Renewal Fees and Fee for Immunization Administration

(JLCAR Deadline March 30, 2015.)

 

 

(b) FP 2014-165
Approval

Continued Status for Licensees, CE Requirements, Compounding, and Nuclear Pharmacy

(JLCAR Deadline April 17, 2015.)

 

 

8. 9:30 a.m. BOARD OF EDUCATION

 

 

FP 2014-136
Preliminary

Objection

Chartered Public School and Open Enrollment Schools

(JLCAR Deadline April 6, 2015.)

 

 

9. 9:40 a.m. DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

FP 2014-178
Preliminary

Objection

Transfer of Animals and Birds

(JLCAR Deadline April 6, 2015.)

 

 

10. 9:50 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2015-3
Approval

Cross-Program Rules

Applicability; Submitting Confidential Information; Requests Under RSA 72:12-a

(JLCAR Deadline April 17, 2015.)

 

 

11. 10:00 a.m. N.H. RETIREMENT SYSTEM

 

 

FP 2014-163
Approval

Manner of Making Requests

(JLCAR Deadline April 13, 2015.)

 

 

12. 10:10 a.m. PESTICIDE CONTROL BOARD

 

 

FP 2014-164
Conditional Approval

Aquatic Application of Pesticides

(JLCAR Deadline April 20, 2015.)

 

 

13. 10:20 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2014-118
Postponed to 4/17/15
Regular Meeting

Waiver of JLCAR Deadline Requested

Former Division of Mental Health and Developmental Services

Rights of Persons Receiving Developmental Services or Acquired Brain Disorder Services in the Community TO BE POSTPONED;

(JLCAR Deadline April 13, 2015.) WAIVER TO BE REQUESTED

 

 

(b) FP 2014-145
Conditional Approval

Former Division of Human Services

General Medical Transportation

(JLCAR Deadline April 13, 2015.)

 

 

14. 10:30 a.m. Discussion on the following emergency rule (Doc. #10786, effective 2-20-15):

 

 

No Further Action

DEPARTMENT OF SAFETY

Commissioner

Law Enforcement Provider Rules

 

 

15. 11:00 a.m. EXECUTIVE BRANCH ETHICS COMMITTEE TO BE POSTPONED

 

 

FP 2014-132
Postponed to 4/17/15
Regular Meeting

Organizational Rules; Practice and Procedure Rules

(JLCAR Deadline April 17, 2015.)

(Formerly Item #7 on the 2-20-15 agenda.)

 

 

16. 11:05 a.m. BOARD OF MENTAL HEALTH PRACTICE TO BE POSTPONED

 

 

OR 2014-12
Postponed to 4/17/15
Regular Meeting

License Requirements, Applications, and Fees

(JLCAR Deadline May 26, 2015.)

(Response not yet received. Response due by April 6, 2015.)

 

 

17. 11:10 a.m. DEPARTMENT OF ADMINISTRATIVE SERVICES TO BE POSTPONED

 

 

OR 2014-139
Postponed to 4/17/15
Regular Meeting

Division of Personnel

Personnel Rules - Readoption and Various Amendments to Per 300 through Per 1500

(JLCAR Deadline May 26, 2015.)

(Response not yet received. Response due by April 6, 2015.)

 

 

OTHER BUSINESS

18. 11:15 a.m.