JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

APRIL 21, 2017 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice Chair

Sen. Kevin Avard

Rep. John Graham

Sen. Dan Feltes

Rep. William A. Hatch

Sen. Harold French

Rep. Rick M. Ladd

Sen. Jay Kahn

Rep. Peter B. Schmidt

Sen. Martha Fuller Clark (Alt.)

Rep. Karen Ebel (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. William Gannon (Alt.)

Rep. Carolyn Matthews (Alt.)

Sen. Dan Innis (Alt.)

Rep. Bill Ohm (Alt.)

Sen. Ruth Ward (Alt.)

Rep. John Sytek (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:

 

 

(a) FP 2016-187
Approval

PESTICIDE CONTROL BOARD

Worker Protection Amendment

(JLCAR Deadline May 15, 2017.)

 

 

(b) FP 2016-214
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification Payment Standards for Community-Based Behavioral Health Service Providers

(JLCAR Deadline May 15, 2017.)

 

 

(c) FP 2016-243
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medicaid General Program Information and Provider Requirements

(JLCAR Deadline May 15, 2017.)

 

 

(d) FP 2017-25
Approval

DEPARTMENT OF SAFETY

Commissioner

Limited Privilege Driver's License Rules

(JLCAR Deadline May 22, 2017. Existing interim rules expire April 24, 2017.)

 

 

(e) FP 2017-26
Approval

DEPARTMENT OF SAFETY

Commissioner

Wholesale Dealer Physical Requirements Rules

(JLCAR Deadline May 22, 2017.)

 

 

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

 

 

(a) FP 2016-201
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Asbestos Management and Control

(JLCAR Deadline May 8, 2017.)

 

 

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 not previously reported 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 17, 2017:

 

 

FP 2016-112

BOARD OF EDUCATION

Dance Teacher and Dance Education

(Response received March 23, 2017 and confirmed March 23, 2017.)

 

 

FP 2016-86

BOARD OF EDUCATION

NH Rules for the Education of Children with Disabilities

(Response received March 23, 2017 and confirmed March 23, 2017.)

 

 

FP 2016-245

DEPARTMENT OF SAFETY

Commissioner

On-Demand Official Motor Vehicle Inspection Sticker Rules

(Response received March 17, 2017 and confirmed March 20, 2017.)

 

 

Conditionally Approved March 17, 2017:

 

 

FP 2017-5

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification for Payment Standards for Foster Family Care Service Credentials

(Response received March 17, 2017 and confirmed March 17, 2017.)

 

 

FP 2016-175

NATUROPATHIC BOARD OF EXAMINERS

Licensing and Certification Requirements; Continued Status

(Response received March 24, 2017 and confirmed March 24, 2017.)

 

 

FP 2017-9

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Community Mental Health Services and Peer Support Specialist

(Response received March 24, 2017 and confirmed March 27, 2017.)

 

 

NOTE: The following Final Proposal, postponed by the Committee to the meeting on April 21, 2017, has been withdrawn by the agency. No further Committee action is required.

 

 

FP 2016-210

BOARD OF EDUCATION

Manifest Educational Hardship

(Former interim rule expired January 12, 2017.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

Emergency Rule

Doc. #12160
No Further Action

Oil and Remediation Programs

Test Methods for Primary Containment Systems Testing of Diesel Fuel Tanks

(No JLCAR Deadline. Emergency rule effective April 17, 2017 and will expire
October 14, 2017.)

 

 

8. 9:25 a.m. LOTTERY COMMISSION

 

 

EXP 2017-1
Approval

Racing and Charitable Gaming Division

Repeal of the Greyhound Racing Rules

(No JLCAR Deadline.)

 

 

9. 9:30 a.m. LIQUOR COMMISSION

 

 

(a) FP 2016-178
Conditional Approval

Liquor Rules Governing Meeting Procedures, Post Adjudicative Hearing Procedures

(JLCAR Deadline May 18, 2017. Former regular rules expired July 1, 2014.)

 

 

(b) FP 2016-179
Conditional Approval

Liquor Rules Governing Procedures for Suspensions of Licenses Prior to Hearing

(JLCAR Deadline May 18, 2017.)

 

 

(c) FP 2016-180
Conditional Approval

Enforcement Policy for Liquor Rules and Sales of Tobacco Products

(JLCAR Deadline May 18, 2017. Former regular rules expired July 1, 2014.)

 

 

(d) FP 2016-181
Conditional Approval

Liquor Rules Governing Licensee Credit and Billing Procedures

(JLCAR Deadline May 18, 2017. Former regular rules expired August 6, 2016.)

 

 

10. 9:50 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) INT 2017-7
Approval

Former Division of Public Health Services

Home Health Care Providers

(JLCAR Deadline July 12, 2017. Existing rules expire May 2, 2017.)

 

 

(b) INT 2017-8
Approval

Former Division of Public Health Services

Home Hospice Care Providers

(JLCAR Deadline July 12, 2017. Former regular rules expired October 9, 2016.)

 

 

(c) INT 2017-9
Approval

Former Division of Public Health Services

Hospice House

(JLCAR Deadline July 12, 2017. Former regular rules expired November 8, 2016.)

 

 

11. 10:00 a.m. BOARD OF AUCTIONEERS TO BE POSTPONED

 

 

ROR 2016-139
Postponed to 5/19/17
Regular Meeting

Complaints and Hearing Procedures, Licensing Requirements, Continued Status, and
Ethical Standards

(Response not yet received. Agency Response Deadline May 1, 2017. JLCAR Deadline
June 20, 2017.
Former rules expired January 1, 2006.)

 

 

12. 10:05 a.m. Discussion on agency rule reports received, as requested in Governor's rulemaking moratorium on January 5, 2017.
No Further Action

 

 

OTHER BUSINESS

13. 10:30 a.m.