JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

APRIL 20, 2007 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

Martha Fuller Clark

Maurice L. Pilotte

Jacalyn L. Cilley

Peter B. Schmidt

Betsi DeVries

Bonnie G. Mitchell

Robert J. Letourneau

Betsey L. Patten

Michael Downing

James R. MacKay

Iris W. Estabrook (Alt.)

John DeJoie (Alt.)

Kathleen G. Sgambati (Alt.)

James F. Powers (Alt.)

Peter Hoe Burling (Alt.)

Kimberley S. Casey (Alt.)

Joseph D. Kenney (Alt.)

Sharon M. Carson (Alt.)

Peter E. Bragdon (Alt.)

Alida I. Millham (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.

 

THE COMMITTEE WILL CONSIDER POSTPONING ITEMS 13 through 17 TO THE CONTINUED MEETING ON
may 4.

 

1. 9:00 am Convene and Review Minutes

10. 11:15 am INT 2007-11 He-M & FP 2007-20 He-P

 

11. 11:30 am INT's 2007-9 & 10 Env-Ws, FP's 2007-9

Consent Agenda

& 10 Env-A, FP 2007-15 Env-Wq

2. 9:05 am Final Proposals

12. 12:30 pm LUNCH BREAK

3. 9:10 am Objection Responses

13. 1:30 pm FP's 2007-1 He-P, FP 2007-23 He-E

4. 9:12 am Preliminary Objections

14. 2:00 pm FP 2006-168 Ins

 

15. 2:50 pm FP 2007-2 Plu

Regular Agenda

16. 4:00 pm OR's From 3-16-07 Meeting

5. 9:15 am Postpone Items

 

6. 9:20 am FP 2006-142 Den

Other Business

7. 9:40 am FP 2006-197 & OR 2006-150 Med

17. 4:15 pm Other

8. 10:30 am FP 2006-198 Nuh

 

9. 10:45 am INT 2007-5 Lab

 

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER Emergency Rule

INT Interim Rule


 

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 and Proposed Interim Rules:

 

 

(a) FP 2006-176

Approval

POLICE STANDARDS AND TRAINING COUNCIL

Organizational Rule Revisions

(JLCAR Deadline May 14, 2007.)

 

 

(b) FP 2006-177

Approval

POLICE STANDARDS AND TRAINING COUNCIL

Law Enforcement Officers' Safety Act of 2004

(JLCAR Deadline May 14, 2007.)

 

 

(c) FP 2007-6

Approval

DEPARTMENT OF LABOR

Elevator and Accessibility Lift Inspection, Licensing and Reporting Procedures

(JLCAR Deadline May 14, 2007.)

 

 

(d) FP 2007-17

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Recordkeeping Requirements

(JLCAR Deadline May 21, 2007.)

 

 

(e) FP 2007-18

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Fuel Analysis Requirement for Suppliers of Liquid or Solid Fuel

(JLCAR Deadline May 21, 2007.)

 

 

(f) INT 2007-8

Approval

DEPARTMENT OF SAFETY

Certification of Additional Truck Weights Interim Rule

(JLCAR Deadline June 7, 2007. Existing regular rules will expire May 26, 2007.)

 

 

(g) INT 2007-12

Approval

NEW MOTOR VEHICLE ARBITRATION BOARD

Various New Motor Vehicle Arbitration Board Interim Rules

(JLCAR Deadline July 12, 2007. Existing regular rules will expire May 7, 2007.)

 

3. Committee Acceptance of Agency Responses to Objections:

 

 

(No items)

 

 

 

4. Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(Selected items)

 

 

NOTE:

 

The following proposals were conditionally approved by the Committee on the dates indicated. Also noted are the 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.

 

Conditionally Approved March 16, 2007:

 

FP 2006-193

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Former Division of Public Health Services

Laboratories and Laboratory Services

(Response received and confirmed 3-21-07.)

 

FP 2006-194

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Collection Station Rules

(Response received and confirmed 3-21-07.)

 

Conditionally Approved March 30, 2007:

 

 

FP 2006-190

DEPARTMENT OF ENVIRONMENTAL SERVICES

Commissioner

Rules of Practice and Procedure

(Response received 4-5-07 and confirmed 4-6-07.)

 

 

FP 2006-195

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Catastrophic Illness Program

(Response received 4-4-07 and confirmed 4-6-07.)

 

 

FP 2006-191

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Community Mental Health Services

(Response received 4-4-07 and confirmed 4-6-07.)

 

 

FP 2006-167

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Rules for Sanitary Production and Distribution of Food Homestead Amendments

(Response received 4-4-07 and confirmed 4-5-07.)

 

Conditionally Approved April 6, 2007:

 

 

FP 2007-4

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

The Deficit Reduction Act of 2005 and Temporary Assistance for Needy Families (TANF)

Program Changes

(Response received 4-12-07and confirmed 4-17-07.)

 

FP 2007-3

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Adult Protection Program

(Response received 4-12-07 and confirmed 4-13.07.)

 

REGULAR AGENDA

 

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

 

 

6. FP 2006-142

Approval with Recommendation

 

BOARD OF DENTAL EXAMINERS

Practice and Procedure

(JLCAR Deadline April 30, 2007.)

 

7. BOARD OF MEDICINE

 

(a) FP 2006-197

Objection

Rules Regarding Physicians Licensed or Applying for a License in New Hampshire

(JLCAR Deadline April 26, 2007.)

 

 

(b) OR 2006-150

Revised Objection

Rules Regarding Practice and Procedures for Physicians Licensed in New Hampshire

(JLCAR Deadline April 20, 2007. Existing interim rules expired December 13, 2006.)

 

 

8. FP 2006-198

Approval with Recommendation

BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS

Rules Regarding License Fees and Renewal of Registration for

Nursing Home Administrators

(JLCAR Deadline May 10, 2007.)

 

 

9. INT 2007-5

Approval

DEPARTMENT OF LABOR

Payment of Wages and Requirements of Employers

(JLCAR Deadline June 7, 2007. Existing regular rules will expire May 26, 2007.)

(Formerly Item #13 on 3-16-07 agenda and #14 on 3-30-07 agenda.)

 

 

10. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) INT 2007-11

Approval

Former Division of Mental Health and Developmental Services

Medical Assistance Provided by Education Agencies

(JLCAR Deadline July 12, 2007. Existing regular rules will expire April 27, 2007.)

 

 

(b) FP 2007-20

Approval

Former Division of Public Health Services

Newborn Screening and Newborn Hearing Screening

(JLCAR Deadline May 21, 2007.)

 

 

11. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) INT 2007-9

Approval

Division of Water

Site Selection of Small Production Wells for Community Water Systems

(JLCAR Deadline July 12, 2007. Existing regular rules will expire April 21, 2007.)

 

 

(b) INT 2007-10

Approval

Division of Water

Site Selection of Large Production Wells for Community Systems

(JLCAR Deadline July 12, 2007. Existing regular rules will expire April 21, 2007.)

 

 

(c) FP 2007-10

Approval

Air Related Programs

Recordkeeping and Reporting Obligations

(JLCAR Deadline May 21, 2007. Existing regular rules will expire April 23, 2007.)

 

 

(d) FP 2007-9

Approval

Air Related Programs

Federal Standards Annual Update

(JLCAR Deadline May 14, 2007.)

(e) FP 2007-15

Conditional Approval

Water Quality and Quantity Programs

Clean Water State Revolving Loan Fund

(JLCAR Deadline May 21, 2007. Existing regular rules will expire May 20, 2007.)

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 


12. LUNCH BREAK

 

13. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

(a) FP 2007-1

Postponed to 5/4/07 Continued Meeting

Former Division of Public Health Services

Lead Poisoning Prevention and Control Rules

(JLCAR Deadline May 18, 2007.)

 

 

(b) FP 2007-23

Postponed to 5/4/07 Continued Meeting

Division of Elderly and Adult Services

Nursing Facility Reimbursement Amendments

(JLCAR Deadline May 21, 2007. Existing emergency rules will expire May 30, 2007.)

 

 

14. FP 2006-168

Postponed to 5/18/07 Regular Meeting

INSURANCE DEPARTMENT

Claim Settlement

(JLCAR Deadline May 21, 2007.)

 

 

15. FP 2007-2

Postponed to 5/4/07 Continued Meeting

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Fees

(JLCAR Deadline May 17, 2007.)

 

16. Remaining Responses to Preliminary Objections made in March 16, 2007 Meeting But Not Yet Received by Committee Staff.

 

 

(a) OR 2006-11

Postponed to 5/4/07 Continued Meeting

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Sludge Management Rules

(JLCAR Deadline June 19, 2007.)

 

 

OTHER BUSINESS

 

17. Other