JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

APRIL 26, 2019 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice-Chair

Rep. William A. Hatch, Chair

Sen. Jeanne Dietsch

Rep. Kathleen Hoelzel

Sen. Dan Feltes

Rep. Carol M. McGuire

Sen. Jay Kahn

Rep. Peter B. Schmidt

Sen. Ruth Ward

Rep. Kermit Williams

Sen. Regina Birdsell (Alt.)

Rep. Timothy Fontneau (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. David Karrick (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Timothy Lang (Alt.)

Sen. James Gray (Alt.)

Rep. Dianne E. Schuett (Alt.)

Sen. David Watters (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, Seating of Alternates, 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

EXIR Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

2. 9:15 a.m. Committee Approval of Final Proposals and Proposed Expedited Amendments to Incorporation by Reference:

 

 

(a) FP 2018-181
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Testing and Monitoring Procedures

(JLCAR Deadline April 26, 2019.)

 

 

(b) FP 2018-182
Approval

FISH AND DEPARTMENT

Closure of Portion of Bellamy River to Waterfowl Hunting and Licensing of Guides

(JLCAR Deadline April 26, 2019.)

 

 

(c) FP 2018-193
Approval

Department of Environmental Services
Water Quality and Quantity Programs

Amendments Relative to Accessory Structures Under RSA 483-B

(JLCAR Deadline May 6, 2019.)

 

 

(d) FP 2018-200
Approval

BOARD OF PROFESSIONAL GEOLOGISTS

Amendment of Examination Fees

(JLCAR Deadline May 28, 2019.)

 

 

(e) FP 2018-211
Approval

Department of Environmental Services
Air Related Programs

Mitigation of Regional Haze

(JLCAR Deadline May 6, 2019.)

 

 

(f) FP 2019-4
Approval

BOARD OF EDUCATION

School Year

(JLCAR Deadline April 29, 2019.)

 

 

(g) FP 2019-11
Approval

Board of Registration in Optometry

Change in Continuing Education Requirements

(JLCAR Deadline May 24, 2019.)

 

 

(h) FP 2019-18
Approval

BOARD OF MENTAL HEALTH PRACTICE

Continuing Education Requirements

(JLCAR Deadline May 9, 2019.)

 

 

(i) FP 2019-26
Approval

INSURANCE DEPARTMENT

Standards and Procedures for the Filing of Property and Casualty Insurance Forms and Rates

(JLCAR Deadline May 16, 2019.)

 

 

(j) FP 2019-29
Approval

Board of Psychologists

License Renewal

(JLCAR Deadline May 23, 2019.)

 

 

(k) FP 2019-30
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Unwed Minor Parent Living Arrangement Requirements Within the Financial Assistance to Needy Families (FANF) Program and Parents and Other Caretaker Relatives Medically Needy Medical Assistance

(JLCAR Deadline May 20, 2019.)

 

 

(l) FP 2019-31
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Health Professions Survey

(JLCAR Deadline May 20, 2019.)

 

 

(m) FP 2019-36
Approval

INSURANCE DEPARTMENT

Standards for Preparing Annual Life Insurance Disclosures

(JLCAR Deadline May 23, 2019.)

 

 

(n) FP 2019-40
Approval

Office of Licensed Allied Health Professionals

Fees

(JLCAR Deadline May 20, 2019.)

 

 

(o) EXIR 2019-1
Approval

BOARD OF NURSING

Change to Model Rules

(No JLCAR Deadline.)

 

 

(p) EXIR 2019-2
Approval

DEPARTMENT OF SAFETY

Commissioner

Commercial Vehicle Out-of-Service Criteria (OOSC) Update

(No JLCAR Deadline.)

 

 

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

 

 

(a) FP 2018-163
Conditional Approval

FISH AND GAME DEPARTMENT

Bait Fish, Fishing Tournaments, Importation of Bait Fish, Licensing and Permitting of Dealers and Importers

(JLCAR Deadline April 26, 2019.)

 

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 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 January 18, 2019:

 

 

FP 2018-145

PEASE DEVELOPMENT AUTHORITY

Rules Regulating Pilots and Pilotage

(Response received March 20, 2019 and confirmed March 21, 2019.)

 

 

Conditionally Approved February 15, 2019:

 

 

FP 2018-198

LOTTERY COMMISSION

Rules for Prize Claims

(Response received March 21, 2019 and confirmed March 21, 2019.)

 

 

Conditionally Approved March 15, 2019:

 

 

FP 2018-164

PUBLIC UTILITIES COMMISSION

Competitive Natural Gas Supplier and Aggregator Rules

(Response received March 28, 2019 and confirmed March 28, 2019.)

 

 

FP 2018-214

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification Payment Standards for Transportation Service Providers

(Response received March 19, 2019 and confirmed March 19, 2019.)

 

 

FP 2018-215

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Freestanding Megavoltage Radiation Therapy Facility

(Response received March 19, 2019 and confirmed March 20, 2019.)

 

 

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. BOARD OF SEPTIC SYSTEM EVALUATORS

 

 

FP 2019-7
Conditional Approval

Procedural Rules

(JLCAR Deadline May 20, 2019.)

 

 

8. 9:25 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2019-32
Approval

Former Division of Mental Health and Developmental Services

Certification Standards for Developmental Services Community Residences

(JLCAR Deadline May 24, 2019. Former interim rules expired April 22, 2019.)

 

 

(b) INT 2019-11
Approval

Commissioner

Child-Placing Agency Licensing Requirements

(JLCAR Deadline July 3, 2019. Former rules expired April 2, 2019.)

 

 

9. 9:30 a.m. DEPARTMENT OF SAFETY

 

 

(a) FP 2019-27
Approval

Commissioner

Self-Dialing Telephone Alarm Systems

(JLCAR Deadline May 6, 2019. Former rules expired July 22, 2013.)

 

 

(b) OR 2018-156
Postponed to
May 17, 2019
Regular Meeting

Commissioner

Emergency Medical Services Rules

(JLCAR Deadline June 18, 2019.)

(Response due by April 29, 2019 but not yet filed.)

 

 

10. 9:40 a.m. ASSESSING STANDARDS BOARD

 

 

OR 2019-2
Approval

Certification of Assessors

(JLCAR Deadline June 18, 2019.)

 

 

11. 9:50 a.m. DEPARTMENT OF CORRECTIONS

 

 

(a) FP 2018-203
Approval

Control of Contraband on Departmental Property

(JLCAR Deadline May 20, 2019.)

 

 

(b) FP 2018-204
Approval

Authorized Searches and Inspections in State Correctional Facilities

(JLCAR Deadline May 20, 2019.)

 

 

(c) FP 2018-208
Conditional Approval

Correctional Classification System

(JLCAR Deadline May 24, 2019.)

 

 

(d) FP 2018-209
Postponed to
May 17, 2019
Reguar Meeting

Standards for Health, Medical, and Behavioral Health Care in Corrections Facilities

(JLCAR Deadline May 20, 2019.)

 

 

12. 10:30 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

WETLANDS PROGRAMS POSTPONED to May 3, 2019 Continued Meeting

 

 

(a) FP 2018-184

Wetlands: Definitions, Access to Files

(JLCAR Deadline May 6, 2019.)

 

 

(b) FP 2018-185

Wetlands: Hearings, Appeals, and Waivers

(JLCAR Deadline May 6, 2019.)

 

 

(c) FP 2018-186

Wetlands: Permits and Other Authorizations, Conditions Applicable to All Work in

Jurisdictional Areas

(JLCAR Deadline May 6, 2019.)

 

 

(d) FP 2018-187

Wetlands: Delineation and Classification of Jurisdictional Areas, Classification of Projects

(JLCAR Deadline May 6, 2019.)

 

 

(e) FP 2018-188

Wetlands: Project-Specific Requirements

(JLCAR Deadline May 6, 2019.)

 

 

(f) FP 2018-189

Wetlands: Coastal Lands and Tidal Waters and Wetlands

(JLCAR Deadline May 6, 2019.)

 

 

(g) FP 2018-190

Wetlands: Prime Wetlands

(JLCAR Deadline May 6, 2019.)

 

 

(h) FP 2018-191

Wetlands: Compensatory Mitigation

(JLCAR Deadline May 6, 2019.)

 

 

(i) FP 2018-192

Wetlands: Stream Crossings; Certified Culvert Maintainer Program

(JLCAR Deadline May 6, 2019.)

 

 

OTHER BUSINESS

13. 10:45 a.m.

 

 

(a)    Discussion on use of Jus 800 Model Rules of Practice and Procedure by the Office of Professional Licensure and Certification in an adjudicative hearing relative to massage therapy on May 14, 2019.

No Further Action