JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

APRIL 16, 2010 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING*

 

*Room 303 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. 10:30 am FP 2010-13 Ban

 

10. 11:00 am FP 2010- 4 Env-Dw

Consent Agenda

11. 12:00 pm LUNCH BREAK

2. 9:05 am Final Proposals

12. 1:00 pm Disc. on Manual

3. 9:10 am Objection Responses

13. 2:00 pm OR's from 11-19-09 Meeting

4. 9:12 am Preliminary Objections

14. 2:15 pm OR's from 3-5-10 Meeting

 

15. 2:30 pm OR's from 3-19-10 Meeting

Regular Agenda

 

5. 9:13 am Postpone Items

Other Business

6. 9:15 am FP 2009-191 Ed

16. 2:45 pm Other

7. 9:45 am FP 2009-216 Spe

 

8. 10:00 am INT 2010-4 He-M &

 

FP 2009-130 He-M Postponed pending

 

policy committee input

 

 

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 2009-188

Approval

BOARD OF EDUCATION

Math for Middle and High School Certification and Teacher Preparation Programs

(JLCAR Deadline April 30, 2010.)

See (*) below

 

 

(b) FP 2009-209

Approval

N.H. LOTTERY COMMISSION
Rules of the Multi-State Lottery Association Games

(JLCAR Deadline May 14, 2010.)

 

 

(c) FP 2009-210

Approval

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Definitions and Responsibilities of the Board

(JLCAR Deadline May 3, 2010.)

 

 

(d) FP 2009-211

Approval

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS
Notice Commencing Adjudicative Proceedings

(JLCAR Deadline May 3, 2010.)

 

 

(e) FP 2009-212

Approval

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Settlements; Voluntary Surrender

(JLCAR Deadline May 3, 2010.)

 

 

(f) FP 2009-213

Approval

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Reinstatement of Licenses

(JLCAR Deadline May 3, 2010.)

 

 

(g) FP 2009-214

Approval

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Maintenance of Continuing Competence

(JLCAR Deadline May 3, 2010.)

 

 

(h) FP 2009-215

Approval

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Ongoing Requirements

(JLCAR Deadline May 3, 2010.)

 

 

(i) FP 2009-219

Approval

FISH AND GAME DEPARTMENT

Commercial Lobster Helpers

(JLCAR Deadline May 10, 2010.)

 

 

(j) FP 2010-1

Approval

DEPARTMENT OF SAFETY
Amendments to Various Motor Vehicle Hearing Rules

(JLCAR Deadline May 17, 2010.)

 

 

(k) FP 2010-3

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Public Water Systems; Drinking Water Quality Standards

(JLCAR Deadline May 17, 2010.)

 

 

(l) FP 2010-5

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Public Water Systems: Reporting Monitoring Data

(JLCAR Deadline May 17, 2010.)

See (**) below

 

 

(m) FP 2010-6

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Child Support Disbursement Fee

(JLCAR Deadline May 17, 2010.)

 

 

(n) FP 2010-7

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Telephone Applications

(JLCAR Deadline May 3, 2010.)

 

 

(o) FP 2010-14

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Solid Waste Programs

Leachate Management Requirements; Research, Development, and Demonstration Permits

(JLCAR Deadline May 17, 2010.)

 

 

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

 

 

** The only issue with this final proposal is that there is a concern regarding a potential violation of Part 1, Article 28-a of the N.H. Constitution, but these rules appear to implement a pass-through of federal requirements.

 

 

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 March 19, 2010:

 

 

FP 2009-76

INSURANCE DEPARTMENT

Requirements for Accident and Health Insurance Rate Submissions

(Response received 3-30-10 and confirmed 3-31-10.)

 

 

FP 2010-2

DEPARTMENT OF REVENUE ADMINISTRATION

Gambling Tax

(Response received 3-29-10 and confirmed 3-30-10.)

 

 

FP 2009-189

DEPARTMENT OF EDUCATION

State Aid for In-District Programs

(Formerly Standards for the Education of Students with a Disability)

(Response received 4-14-10 and confirmed 4-14-10.)

 

 

REGULAR AGENDA

 

5. Consider postponing action on certain items to another meeting.

 

 

6. FP 2009-191

Objection

BOARD OF EDUCATION

Approval of Nonpublic Schools

(JLCAR Deadline April 30, 2010.)

 

 

7. FP 2009-216

Approval with Recommendation

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS
Speech Language Assistants

(JLCAR Deadline May 3, 2010.)

 

 

8. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) INT 2010-4

Approval

Former Division of Mental Health and Developmental Services

Certification Standards for Community Residences

(JLCAR Deadline July 8, 2010. Existing rules will expire April 23, 2010.)

 

 

(b) FP 2009-130

Postponed to 5/7/10 Continued Meeting

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 and Item 14 on 3-19-10 and 4-2-10 agendas. Postponed pending input from policy committees.)

 

 

9. FP 2010-13

Conditional Approval

BANKING DEPARTMENT
Public Deposit Investment Pool

(JLCAR Deadline May 17, 2010.)

 

 

10. FP 2010-4

Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES
Drinking Water Programs

Public Water Systems: Laboratory Analytical Methods, Monitoring, and Compliance

(JLCAR Deadline May 17, 2010.)

 

 

11. LUNCH BREAK

 

 

12. Discussion on amendments to Drafting and Procedure Manual for Administrative Rules.

Postponed to 5/7/10 Continued Meeting

 

 

13. Responses to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a) OR 2008-165

Postponed to 5/7/10 Continued Meeting

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

(b) OR 2008-166

Postponed to 5/7/10 Continued Meeting

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.)

 

 

14. Responses to Preliminary Objections Made in March 5, 2010 Meeting But Not Yet Received by Committee Staff:

 

 

(a) OR 2009-108

Postponed to 5/7/10 Continued Meeting

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Amendments Relative to Stream Crossings

(JLCAR Deadline June 8, 2010.)

 

 

(b) OR 2009-109

Postponed to 5/7/10 Continued Meeting

DEPARTMENT OF ENVIRONMENTAL SERVICES
Wetlands Programs

Stream Crossings

(JLCAR Deadline June 8, 2010.)

 

 

(c) OR 2009-176 Postponed to 5/7/10 Continued Meeting

LIQUOR COMMISSION
Agency Store Rules

(JLCAR Deadline June 8, 2010.)

 

 

15. Responses to Preliminary Objections Made in March 19, 2010 Meeting But Not Yet Received by Committee Staff:

 

 

(a) OR 2009-164

Approval

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS
Unlicensed Personnel, Eye Procurement and Preparation Room Requirements and Equipment

(JLCAR Deadline June 22, 2010.)

 

 

OTHER BUSINESS

 

16. Other