JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

MARCH 30, 2012 - 9:00 a.m.

ROOM 103 STATE HOUSE

 

 

Senate Members of JLCAR

House Members of JLCAR

Amanda Merrill, Vice-Chair

Betsey L. Patten, Chair

Fenton Groen

Carol M. McGuire

Molly Kelly

Andrew J. Manuse

Gary Lambert

Maurice L. Pilotte

Raymond White

Peter B. Schmidt

Sharon Carson (Alt.)

David H. Kidder (Alt.)

Lou D'Allesandro (Alt.)

Tara A. Sad (Alt.)

James Forsythe (Alt.)

Kathleen N. Taylor (Alt.)

Sylvia Larsen (Alt.)

Stella Tremblay (Alt.)

Nancy Stiles (Alt.)

Steven J. Winter (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


 

CONSENT AGENDA

 

2.   9:05 a.m.   Committee Approval of Final Proposals and Proposed Interim Rules:

 

 

(a)  FP 2011-149

Approval

INSTALLATION STANDARDS BOARD

Installation Standards Board Organizational Rules

(JLCAR Deadline April 9, 2012.  Existing rule expired August 8, 2010.)

 

 

(b)  FP 2011-150

Approval

INSTALLATION STANDARDS BOARD

Installation Standards Board Rules of Procedure

(JLCAR Deadline April 9, 2012.)

 

 

(c)  FP 2011-151

Approval

INSTALLATION STANDARDS BOARD

Installation Standards Board Rules on Rulemaking Petitions and Copies of Recordings

(JLCAR Deadline April 9, 2012.)

 

 

(d)  FP 2011-157

Approval

OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Procedural Rules

(JLCAR Deadline April 23, 2012.)

 

 

(e)  FP 2011-159

Approval

PHARMACY BOARD

Agency Organization (Composition)

(JLCAR Deadline April 2, 2012.)

 

 

(f)  FP 2011-172

Approval

POLICE STANDARDS AND TRAINING COUNCIL

Police, Corrections and Probation/Parole Basic Training Programs

(JLCAR Deadline April 30, 2012.)

 

 

(g)  FP 2011-181

Approval

CURRENT USE BOARD

Assessment Ranges

(JLCAR Deadline April 6, 2012.)

 

 

(h)  FP 2012-2*

Approval

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Treatment of Horses

(JLCAR Deadline Apri1 16, 2012.  Former rules expired November 21, 2011.)

*  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.

 

 

(i)  FP 2012-3

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Deeming Parental Income for Children Under the Age of 18 Applying for or Receiving Aid to the Needy Blind (ANB)

(JLCAR Deadline Apri1 16, 2012.)

 

 

(j)  FP 2012-6

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Office of Alcohol and Drug Abuse Prevention

Access to Recovery Program

(JLCAR Deadline April1 16, 2012.)

 

 

(k)  FP 2012-7

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Payments to Non-Public Disproportionate Share Hospitals and Uncompensated Care Fund Reporting

(JLCAR Deadline April1 9, 2012.)

 

 

(l)  FP 2012-19

Approval

N.H. RETIREMENT SYSTEM

Contribution Adjustment, Earnable Compensation Adjustment and Service Adjustment

(JLCAR Deadline April 30, 2012.)

 

 

(m)  INT 2012-2

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Nursing Facility Preadmission Screening and Annual Resident Review

(JLCAR Deadline May 16, 2012.  Former rules expired February 7, 2012.)

 

 

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

 

(a)  FP 2011-182

Conditional Approval

CURRENT USE BOARD

Documented Stewardship

(JLCAR Deadline April 13, 2012.)

 

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 November 17, 2011:

 

 

FP 2011-125

PHARMACY BOARD

Minimum Standard of Technical Equipment and Stock

(Response received 2-21-12 and conirmed 2-21-12.)

 

 

Conditionally Approved February 17, 2012:

 

 

FP 2011-173

DEPARTMENT OF REVENUE ADMINISTRATION

Offset of Refund or Credit

(Response received 2-29-12 and confirmed 2-29-12.)

 

 

FP 2011-113

PUBLIC UTILITIES COMMISSION

Organizational Rules and Rules of Practice and Procedure

(Response received 3-19-12 and confirmed 3-20-12.)

 

 

FP 2011-175

BOARD OF MEDICINE

Terms of Voluntary Surrender, Reviewing a Settlement Agreement

(Response received 3-7-12 and confirmed 3-7-12.)

 

 

FP 2011-180

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner
Criminal Records and Central Registry Check for License-Exempt Providers

(Response received 2-17-12 and confirmed 2-17-12.)

 

 

REGULAR AGENDA

 

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

 

 

7.   9:20 a.m.   INSTALLATION STANDARDS BOARD

 

 

FP 2011-152

Conditional Approval

Installation Standards Board Rules Regarding Licensing and Training Requirements, Warranty Seals, Inspections of Manufactured Housing Installations, Manufactured Housing Installations Standards, and Alternative Dispute Resolutions

(JLCAR Deadline April 9, 2012.)

 

 

8.   9:45 a.m.   FISH AND GAME DEPARTMENT

 

 

FP 2012-9

Approval

Apprentice Hunting License Form

(JLCAR Deadline April 16, 2012.)

 

 

9.   10:00 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  INT 2012-3

Approval

Former Division of Human Services
Private Duty Nursing Services

(JLCAR Deadline June 6, 2012.  Existing rules will expire April 17, 2012.)

 

 

(b)  FP 2012-8

Conditional Approval

Former Division of Public Health Services
Beverages and Bottled Water

(JLCAR Deadline April 16, 2012.)

 

 

10. 10:30 a.m. STATE BUILDING CODE REVIEW BOARD

 

 

FP 2012-18

Preliminary Objection

Various Practice and Procedure Rules

(JLCAR Deadline April 26, 2012.)

 

 

OTHER BUSINESS

11. 11:30 a.m. Other