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.) |
|
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 |
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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 |
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15. 2:30 pm OR's from 3-19-10 Meeting |
Regular
Agenda |
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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 |
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8. 10:00 am INT
2010-4 He-M & |
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FP 2009-130 He-M – Postponed pending |
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policy committee input |
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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: |
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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. |
CONSENT
AGENDA |
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2. Committee
Approval of Final Proposals: |
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(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 |
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(b) FP 2009-209 Approval |
N.H. LOTTERY COMMISSION (JLCAR Deadline May 14, 2010.) |
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(c) FP 2009-210 Approval |
GOVERNING BOARD OF
SPEECH LANGUAGE PATHOLOGISTS Definitions and Responsibilities of the
Board (JLCAR Deadline May 3, 2010.) |
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(d) FP 2009-211 Approval |
GOVERNING BOARD OF SPEECH
LANGUAGE PATHOLOGISTS (JLCAR Deadline May 3, 2010.) |
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(e) FP 2009-212 Approval |
GOVERNING BOARD OF SPEECH
LANGUAGE PATHOLOGISTS Settlements; Voluntary
Surrender (JLCAR Deadline May 3, 2010.) |
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(f) FP 2009-213 Approval |
GOVERNING BOARD OF SPEECH
LANGUAGE PATHOLOGISTS Reinstatement of Licenses (JLCAR Deadline May 3, 2010.) |
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(g) FP 2009-214 Approval |
GOVERNING BOARD OF SPEECH LANGUAGE
PATHOLOGISTS Maintenance of Continuing
Competence (JLCAR Deadline May 3, 2010.) |
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(h) FP 2009-215 Approval |
GOVERNING BOARD OF SPEECH
LANGUAGE PATHOLOGISTS Ongoing Requirements (JLCAR Deadline May 3, 2010.) |
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(i) FP 2009-219 Approval |
FISH AND GAME DEPARTMENT Commercial Lobster Helpers (JLCAR Deadline May 10, 2010.) |
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(j)
FP 2010-1 Approval |
DEPARTMENT OF SAFETY (JLCAR Deadline
May 17, 2010.) |
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(k) FP 2010-3 Approval |
DEPARTMENT OF ENVIRONMENTAL
SERVICES Drinking Water Programs Public Water Systems;
Drinking Water Quality Standards (JLCAR Deadline May 17, 2010.) |
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(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 |
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(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.) |
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(n) FP 2010-7 Approval |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Human
Services Telephone Applications (JLCAR Deadline May 3, 2010.) |
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(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.) |
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* The
only issue with this final proposal is that the agency continued to operate
under expired rules as noted in the fiscal impact statement. |
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** 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. |
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3. Committee
Acceptance of Agency Responses to Objections: |
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(No Items) |
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4. Committee
Issuance of Preliminary or Revised Objections to Final Proposals: |
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(No Items) |
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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. |
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Conditionally
Approved March 19, 2010: |
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FP 2009-76 |
INSURANCE DEPARTMENT Requirements for Accident
and Health Insurance Rate Submissions (Response
received 3-30-10 and confirmed 3-31-10.) |
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FP 2010-2 |
DEPARTMENT OF REVENUE ADMINISTRATION Gambling Tax (Response
received 3-29-10 and confirmed 3-30-10.) |
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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.) |
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REGULAR
AGENDA |
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5. Consider postponing action on certain items
to another meeting. |
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6. FP 2009-191 Objection |
BOARD OF EDUCATION Approval of Nonpublic
Schools (JLCAR Deadline April 30, 2010.) |
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7. FP 2009-216 Approval with Recommendation |
GOVERNING BOARD OF
SPEECH LANGUAGE PATHOLOGISTS (JLCAR Deadline May 3, 2010.) |
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8. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
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(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.) |
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(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.) |
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9. FP 2010-13 Conditional Approval |
BANKING DEPARTMENT (JLCAR Deadline May 17, 2010.) |
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10. FP 2010-4 Conditional Approval |
DEPARTMENT OF ENVIRONMENTAL
SERVICES Public Water Systems:
Laboratory Analytical Methods, Monitoring, and Compliance (JLCAR Deadline May 17, 2010.) |
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11. LUNCH BREAK |
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12. Discussion
on amendments to Drafting and Procedure Manual for Administrative Rules. Postponed
to 5/7/10 Continued Meeting |
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13. Responses
to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet
Received by Committee Staff: |
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(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.) |
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(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.) |
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14. Responses to Preliminary Objections Made in
March 5, 2010 Meeting But Not Yet Received by Committee Staff: |
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(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.) |
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(b) OR 2009-109 Postponed to 5/7/10 Continued Meeting |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Stream Crossings (JLCAR Deadline June 8, 2010.) |
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(c) OR 2009-176 Postponed to
5/7/10 Continued Meeting |
LIQUOR COMMISSION (JLCAR Deadline June 8, 2010.) |
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15. Responses
to Preliminary Objections Made in March 19, 2010 Meeting But Not Yet Received
by Committee Staff: |
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(a) OR 2009-164 Approval |
BOARD OF REGISTRATION OF
FUNERAL DIRECTORS AND EMBALMERS (JLCAR Deadline June 22, 2010.) |
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OTHER
BUSINESS |
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16. Other |
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