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 |
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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: |
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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. |
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 |
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(a) FP 2018-181 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Testing and Monitoring Procedures (JLCAR Deadline April 26,
2019.) |
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(b) FP 2018-182 |
FISH
AND DEPARTMENT Closure of Portion of Bellamy River to Waterfowl Hunting and Licensing
of Guides (JLCAR Deadline April 26,
2019.) |
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(c) FP 2018-193 |
Department of Environmental
Services Amendments
Relative to Accessory Structures Under RSA 483-B (JLCAR Deadline May 6,
2019.) |
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(d) FP 2018-200 |
BOARD
OF PROFESSIONAL GEOLOGISTS Amendment of Examination Fees (JLCAR Deadline May 28, 2019.) |
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(e) FP 2018-211 |
Department of Environmental Services Mitigation of Regional Haze (JLCAR Deadline May 6,
2019.) |
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(f) FP 2019-4 |
BOARD OF EDUCATION School Year (JLCAR Deadline April 29,
2019.) |
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(g) FP 2019-11 |
Board of Registration
in Optometry Change in Continuing Education Requirements (JLCAR Deadline May 24,
2019.) |
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(h) FP 2019-18 |
BOARD OF MENTAL HEALTH PRACTICE Continuing Education Requirements (JLCAR Deadline May 9,
2019.) |
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(i) FP 2019-26 |
INSURANCE DEPARTMENT Standards and Procedures for the Filing of Property
and Casualty Insurance Forms and Rates (JLCAR Deadline May 16,
2019.) |
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(j) FP 2019-29 |
Board of
Psychologists License Renewal (JLCAR Deadline May 23,
2019.) |
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(k) FP 2019-30 |
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.) |
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(l) FP 2019-31 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Health Professions
Survey (JLCAR Deadline May 20, 2019.) |
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(m) FP 2019-36 |
INSURANCE
DEPARTMENT Standards
for Preparing Annual Life Insurance Disclosures (JLCAR Deadline May 23, 2019.) |
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(n) FP 2019-40 |
Office of Licensed Allied Health Professionals Fees (JLCAR Deadline May 20, 2019.) |
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(o) EXIR 2019-1 |
BOARD OF NURSING Change to Model Rules (No JLCAR Deadline.) |
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(p) EXIR 2019-2 |
DEPARTMENT OF SAFETY Commissioner Commercial Vehicle
Out-of-Service Criteria (OOSC) Update (No JLCAR Deadline.) |
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3. 9:10 a.m. Committee
Conditional Approvals: |
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(a) FP 2018-163 |
FISH AND GAME
DEPARTMENT Bait Fish, Fishing
Tournaments, Importation of Bait Fish, Licensing and Permitting of Dealers
and Importers (JLCAR Deadline April 26, 2019.) |
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4. 9:15 a.m. Committee
Acceptance of Agency Responses to Objections: |
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(No Items) |
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5. 9:16 a.m. 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 January 18, 2019: |
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FP 2018-145 |
PEASE DEVELOPMENT AUTHORITY Rules
Regulating Pilots and Pilotage (Response received March
20, 2019 and confirmed March 21, 2019.) |
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Conditionally Approved February 15, 2019: |
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FP 2018-198 |
LOTTERY COMMISSION Rules for Prize Claims (Response
received March 21, 2019 and confirmed March 21, 2019.) |
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Conditionally Approved March 15, 2019: |
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FP 2018-164 |
PUBLIC UTILITIES COMMISSION Competitive Natural Gas
Supplier and Aggregator Rules (Response
received March 28, 2019 and confirmed March 28, 2019.) |
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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.) |
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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.) |
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REGULAR AGENDA |
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6. 9:18 a.m. Consider
postponing action on certain items to another meeting. |
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7. 9:20
a.m. BOARD OF SEPTIC SYSTEM
EVALUATORS |
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FP 2019-7 |
Procedural Rules (JLCAR Deadline May 20, 2019.) |
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8. 9:25
a.m. DEPARTMENT OF HEALTH AND HUMAN
SERVICES |
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(a) FP 2019-32 |
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.) |
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(b) INT 2019-11 |
Commissioner Child-Placing Agency
Licensing Requirements (JLCAR Deadline July 3, 2019.
Former rules expired April 2, 2019.) |
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9. 9:30
a.m. DEPARTMENT OF SAFETY |
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(a) FP 2019-27 |
Commissioner Self-Dialing Telephone Alarm
Systems (JLCAR
Deadline May 6, 2019. Former rules
expired July 22, 2013.) |
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(b) OR 2018-156 |
Commissioner Emergency Medical Services
Rules (JLCAR Deadline June 18, 2019.) (Response due by April 29,
2019 but not yet filed.) |
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10. 9:40
a.m. ASSESSING STANDARDS BOARD |
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OR 2019-2 |
Certification
of Assessors (JLCAR Deadline June 18, 2019.) |
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11. 9:50
a.m. DEPARTMENT OF CORRECTIONS |
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(a)
FP 2018-203 |
Control of Contraband on Departmental Property (JLCAR
Deadline May 20, 2019.) |
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(b)
FP 2018-204 |
Authorized Searches and
Inspections in State Correctional Facilities (JLCAR
Deadline May 20, 2019.) |
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(c) FP 2018-208 |
Correctional Classification System (JLCAR Deadline May 24, 2019.) |
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(d) FP 2018-209 |
Standards for Health, Medical, and Behavioral Health Care
in Corrections Facilities (JLCAR Deadline May 20, 2019.) |
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12. 10:30
a.m. DEPARTMENT OF ENVIRONMENTAL
SERVICES WETLANDS PROGRAMS POSTPONED to May
3, 2019 Continued Meeting |
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(a) FP 2018-184 |
Wetlands: Definitions,
Access to Files (JLCAR Deadline May 6, 2019.) |
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(b) FP 2018-185 |
Wetlands: Hearings, Appeals,
and Waivers (JLCAR Deadline May 6, 2019.) |
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(c) FP 2018-186 |
Wetlands: Permits and Other
Authorizations, Conditions Applicable to All Work in Jurisdictional Areas (JLCAR Deadline May 6, 2019.) |
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(d) FP 2018-187 |
Wetlands: Delineation and Classification
of Jurisdictional Areas, Classification of Projects (JLCAR Deadline May 6, 2019.) |
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(e) FP 2018-188 |
Wetlands: Project-Specific
Requirements (JLCAR Deadline May 6, 2019.) |
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(f) FP 2018-189 |
Wetlands: Coastal Lands and
Tidal Waters and Wetlands (JLCAR Deadline May 6, 2019.) |
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(g) FP 2018-190 |
Wetlands: Prime Wetlands (JLCAR Deadline May 6, 2019.) |
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(h) FP 2018-191 |
Wetlands: Compensatory
Mitigation (JLCAR Deadline May 6, 2019.) |
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(i) FP 2018-192 |
Wetlands: Stream Crossings;
Certified Culvert Maintainer Program (JLCAR Deadline May 6, 2019.) |
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OTHER BUSINESS 13. 10:45
a.m. |
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(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 |