JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

APRIL 25, 2014 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Peter B. Schmidt, Vice-Chair

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Bette Lasky

Rep. James R. MacKay

Sen. Jim Rausch

Rep. Carol M. McGuire

Sen. David Watters

Rep. Tara A. Sad

Sen. Peter Bragdon (Alt.)

Rep. Richard W. Barry (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Andy Sanborn (Alt.)

Rep. David H. Kidder (Alt.)

Sen. Nancy Stiles (Alt.)

Rep. Mary S. Nelson (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 and Proposed Expedited Repeal:

 

 

(a)  FP 2013-129
Approval

BOARD OF EDUCATION

Child Restraint Practices, Behavioral Interventions, Parental Consent, and Access to Public
and Private Insurance

(JLCAR Deadline May 12, 2014.)

 

 

(b)  FP 2013-165
Approval with Understanding

DEPARTMENT OF REVENUE ADMINISTRATION

Property Assessment

(JLCAR Deadline May 5, 2014.)

 

 

(c)  FP 2013-170
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Solid Waste Programs

Solid Waste Rules: Definitions of "Vertical Expansion" and "Mechanically Stabilized Earth Berm"

(JLCAR Deadline May 15, 2014.)

 

 

(d)  FP 2013-171
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Solid Waste Programs

Solid Waste Program Procedural Rules

(JLCAR Deadline May 15, 2014.)

 

 

(e)  FP 2013-173
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Solid Waste Programs

Collection, Storage, and Transfer Facilities; Processing and Treatment Facilities; Composting Facilities; and Incineration Facilities

(JLCAR Deadline May 15, 2014.)

 

 

(f)  FP 2013-174
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Solid Waste Programs

Landfill Requirements

(JLCAR Deadline May 15, 2014.)

 

 

(g)  FP 2013-176
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Solid Waste Programs

Public Grants for Landfill and Incinerator Closure; Financial Assurance; Certification of Waste-Derived Products

(JLCAR Deadline May 15, 2014.)

 

 

(h)  FP 2013-182
Approval

UNEMPLOYMENT COMPENSATION APPELLATE BOARD

Organizational Rules

(JLCAR Deadline May 2, 2014.)

 

 

(i)  FP 2013-225
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Special Supplemental Nutrition Program for Women, Infants and Children (WIC)

(JLCAR Deadline May 30, 2014.)

 

 

(j)  FP 2014-7
Approval

DEPARTMENT OF SAFETY

Toll-Free Hotline for Drug-Free School Zone

(JLCAR Deadline May 27, 2014.)

 

 

(k)  FP 2014-15
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Municipal Matters

(JLCAR Deadline May 19, 2014.)

 

 

(l)  FP 2014-17
Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Successive Benefit Year Earnings Requirement

(JLCAR Deadline May 22, 2014.)

 

 

(m)  FP 2014-19
Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Notice of Claim and Verification Request

(JLCAR Deadline May 27, 2014.)

 

 

(n)  EXP 2014-1
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

NOx Emissions Reduction Fund For NOx -Emitting Generation Sources - REPEAL

(No JLCAR Deadline.)

 

 

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

 

 

(No Items)

 

 

 

4.   9:15 a.m.    Committee Acceptance of Agency Responses to Objections:

 

OR 2013-227

Accepted/Approved

BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS

Shop License, School License, School and Shop Additional Requirements

(JLCAR Deadline May 27, 2014.)

 

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 February 21, 2014

 

 

FP 2013-162

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

Registration and Licensure

(Response received 3-25-14 and confirmed 3-25-14.)

 

 

Conditionally Approved March 21, 2014

 

 

FP 2013-217

BOARD OF NURSING

Continued Status

(Response received 4-17-14 and confirmed 4-17-14.)

 

 

FP 2013-219

BOARD OF NURSING

Certificate of Medication Administration for Licensed Nursing Assistants and Medication Administration Education Program

(Response received 4-17-14 and confirmed 4-17-14.)

 

 

REGULAR AGENDA

 

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

 

7.   9:20 a.m.    UNEMPLOYMENT COMPENSATION APPELLATE BOARD

 

 

FP 2013-183
Approval

Rulemaking Petitions and Hearings, Declaratory Rulings, and Explanation of Adopted Rule

(JLCAR Deadline May 2, 2014.)

 

 

8.   9:25 a.m.    PESTICIDE CONTROL BOARD

 

INT 2014-3
Approval

Aquatic Application of Pesticides

(JLCAR Deadline July 16, 2014.  Former rules expired August 13, 2012.)

 

 

9.   9:30 a.m.    PUBLIC UTILITIES COMMISSION

 

 

FP 2013-151
Preliminary Objection

Rules for Electric Service

(JLCAR Deadline April 28, 2014.)

 

 

10. 9:45 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

INT 2014-2
Approval

Commissioner

New Hampshire Residential Child Care Licensing Rules

(JLCAR Deadline July 9, 2014.  Former rules expired April 20, 2014).

 

 

11. 10:00 a.m.  PHARMACY BOARD

 

 

FP 2013-184
Preliminary Objection

Mail Order Pharmacy

(JLCAR Deadline May 9, 2014.)

 

 

12. 10:15 a.m.  DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2013-169
Approval with Recommendation

Water Quality and Quantity Programs

Public Bathing Places

(JLCAR Deadline May 12, 2014.)

 

 

(b)  FP 2013-172
Conditional Approval

Solid Waste Programs

Solid Waste Program: Permits; Permits By Notification

(JLCAR Deadline May 15, 2014.)

 

 

(c)  FP 2013-175
Conditional Approval

Solid Waste Programs

Management of Certain Wastes; Universal Facility Requirements; Additional Facility Requirements

(JLCAR Deadline May 15, 2014.)

 

 

(d)  FP 2013-177
Approval with Understanding

Solid Waste Programs

Solid Waste Facility Operator Training and Certification

(JLCAR Deadline May 15, 2014.)

 

 

(e)  FP 2013-178
Conditional Approval

Solid Waste Programs

Requirements for Acceptance of Wood Ash; Reduction of Toxics in Packaging; Inspections

(JLCAR Deadline May 15, 2014.)

 

 

13. 10:45 a.m.  DEPARTMENT OF SAFETY

 

 

ROR 2013-105
Accepted/Approved

Motorcyle Rider Education Program Rules

(JLCAR Deadline June 24, 2014.)

 

 

OTHER BUSINESS

14. 11:00 a.m.