JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

MARCH 21, 2014 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Peter B. Schmidt, Vice-Chair

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Bette Lasky

Rep. James R. MacKay

Sen. Jim Rausch

Rep. Carol M. McGuire

Sen. David Watters

Rep. Tara A. Sad

Sen. Peter Bragdon (Alt.)

Rep. Richard W. Barry (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Andy Sanborn (Alt.)

Rep. David H. Kidder (Alt.)

Sen. Nancy Stiles (Alt.)

Rep. Mary S. Nelson (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 and Proposed Interim Rule:

 

 

(a)  FP 2013-181*
Approval

BOARD OF EDUCATION

Certification Information, Elementary Education

(JLCAR Deadline April 17, 2014.)

*(The only substantive issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.)

 

 

(b)  FP 2013-191
Approval

RACING AND CHARITABLE GAMING COMMISSION

Prohibiting Possession of Electronic Devices by Bingo Callers

(JLCAR Deadline April 17, 2014.)

 

 

(c)  FP 2013-192
Approval

RACING AND CHARITABLE GAMING COMMISSION

Persons Eligible to Sign Bingo Financial Reports

(JLCAR Deadline April 17, 2014.)

 

 

(d)  FP 2013-193
Approval

RACING AND CHARITABLE GAMING COMMISSION

Description of Games of Chance Area

(JLCAR Deadline April 17, 2014.)

 

 

(e)  FP 2013-209
Approval

INSURANCE DEPARTMENT

Medicare Supplement Insurance

(JLCAR Deadline March 31, 2014.)

 

 

(f)  FP 2013-215
Approval

BOARD OF NURSING

Organizational Rules

(JLCAR Deadline April 11, 2014.)

 

 

(g)  FP 2013-218
Approval

BOARD OF NURSING

Nursing Assistants

(JLCAR Deadline April 11, 2014.)

 

 

(h)  FP 2014-1
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Definition of "Unobstructed" in Air Pollution Dispersion Modeling

(JLCAR Deadline April 21, 2014.)

 

 

(i)  FP 2014-2
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Regulated Toxic Air Pollutants

(JLCAR Deadline April 21, 2014.)

 

 

(j)  FP 2014-3
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Legally Liable Relatives for Financial Assistance

(JLCAR Deadline April 18, 2014.)

 

 

(k)  FP 2014-4
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Emergency Assistance Verification, Income-In-Kind, and Jointly Owned Resources

(JLCAR Deadline April 18, 2014.)

 

 

(l)  FP 2014-10
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Conservation Rules

(JLCAR Deadline April 21, 2014.)

 

 

(m)  INT 2014-1
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Personal Care Attendant Services

(JLCAR Deadline June 11, 2014. Existing rules expire March 30, 2014.)

 

 

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 February 7, 2014

 

 

FP 2013-130

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for Parks and Recreation

(Response received 2-25-14 and confirmed 2-26-14.)

 

 

FP 2013-131

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for the Reserved and Privileged Use of DRED Lands, Facilities and Resources

(Response received 2-25-14 and confirmed 2-26-14.)

 

 

FP 2013-132

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for Administrative Fines Pertaining to Violations of Recreational Use Rules

(Response received 2-25-14 and confirmed 2-26-14.)

 

 

Conditionally Approved February 21, 2014

 

 

FP 2013-214

CURRENT USE BOARD

Form CU-12, Summary of Forest Stewardship Plan

(Response received 2-24-14 and confirmed 2-28-14.)

 

 

FP 2013-155

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for the Division of Forests and Lands

(Response received 3-7-14 and confirmed 3-10-14.)

 

 

FP 2013-162

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

Registration and Licensure

(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.    BOARD OF EDUCATION

 

 

FP 2013-180
Approval

Home Education

(JLCAR Deadline April 7, 2014.)

 

 

8.   9:25 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

(a)  FP 2013-221
Approval

Former Division of Human Services

Physician Services

(JLCAR Deadline April 21, 2014.)

 

 

(b)  FP 2014-8
Approval

Former Office of Alcohol and Drug Abuse Prevention

Impaired Driver Programs -- Out-of-State Residents

(JLCAR Deadline April 21, 2014.)

 

 

9.   9:45 a.m.    BOARD OF NURSING

 

 

(a)  FP 2013-217
Conditional Approval

Continued Status

(JLCAR Deadline April 11, 2014.)

 

 

(b)  FP 2013-219
Conditional Approval

Certificate of Medication Administration for Licensed Nursing Assistants and Medication Administration Education Program

(JLCAR Deadline April 11, 2014.)

 

 

10. 9:50 a.m.    DEPARTMENT OF SAFETY

 

 

(a)  FP 2014-9
Approval

Staffing Emergency Medical Services Vehicles When Transporting Neonatal Patients

(JLCAR Deadline April 21, 2014.)

 

 

(b)  OR 2013-105
Revised Objection

Motorcycle Rider Education Program Rules

(JLCAR Deadline May 13, 2014.)

 

 

11. 10:15 a.m.  BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS

 

 

OR 2013-227
Postponed to 4/25/14
Regular Meeting

Shop License, School License, School and Shop Additional Requirements

(JLCAR Deadline May 27, 2014.)

(Response not yet received.)

 

 

OTHER BUSINESS

12. 10:30 a.m.

 

      (a)  Discussion of editorial change request to adopted rule from the Department of Environmental Services:

Oil and Remediation Programs

Aboveground Petroleum Storage Facilities

(Document #10487, effective 2-7-14)
Recommended to accept as editorial.

 

        (b)  Discussion on possible legislative repeal of rules Env-A 3700 under 2010, 59 on the Nitrogen Oxide Emissions Reduction Fund.
Not recommended to consider it legislatively repealed.