JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

MAY 15, 2009 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

Jacalyn L. Cilley

Maurice L. Pilotte

Martha Fuller Clark

Peter B. Schmidt

Amanda Merrill

Betsey L. Patten

Robert J. Letourneau

Suzanne H. Gottling

Kathleen G. Sgambati (Alt.)

Alida I. Millham

Matthew S. Houde (Alt.)

Laurie J. Boyce (Alt.)

Betsi DeVries (Alt.)

Kathleen N. Taylor (Alt.)

Michael Downing (Alt.)

Kimberley S. Casey (Alt.)

Sharon M. Carson (Alt.)

Tara A. Sad (Alt.)

 

David H. Kidder (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.

 

 

1. 9:00 am Convene and Review Minutes

9. 10:30 am FP 2009-23 Ahp

 

10. 10:45 am FP 2009-32 Adm

Consent Agenda

11. 11:00 am FP's 2009-30 He-M & 2009-33 He-W

2. 9:05 am Final Proposals

12. 11:30 am OR's from 4-17-09 Meeting

3. 9:10 am Objection Responses

13. 12:00 pm LUNCH BREAK

4. 9:12 am Preliminary Objections

 

 

 

Regular Agenda

Other Business

5. 9:13 am Postpone Items

14. 1:00 pm Other

6. 9:15 am OR 2008-221 Res

 

7. 9:30 am INT 2009-11 & FP 2008-264 Saf-C

 

8. 10:00 am INT 2009-10 Env-Ws, OR 2008-260
Env-A

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal


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:

 

 

(a) FP 2009-6

Approval

BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS

Initial Certification and Licenses

(JLCAR Deadline June 8, 2009.)

 

 

(b) FP 2009-14

Approval with Recommendation

BOARD OF EDUCATION

Parental Refusal of Consent: Initiation of Due Process Hearing

By Local Education Agency (LEA)

(JLCAR Deadline May 25, 2009.)

 

 

(c) FP 2009-25

Approval

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Bureau Trail Use Rules

(JLCAR Deadline June 1, 2009.)

 

 

(d) FP 2009-31

Approval

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Natural Heritage Program Rules

(JLCAR Deadline June 15, 2009.)

 

 

(e) FP 2009-34

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Office of Alcohol & Drug Abuse Prevention

Operational Requirements for Opioid Detoxification and Methadone Maintenance,

Treatment and Rehabilitation Programs

(JLCAR Deadline June 15, 2009.)

 

 

3. Committee Acceptance of Agency Responses to Objections:

 

 

(No Items)

 

 

4. 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 March 20, 2009:

 

FP 2008-256

PHARMACY BOARD

Central Prescription Processing

(Response received 4-15-09 and confirmed 4-15-09.)

 

 

Conditionally Approved April 17, 2009:

 

 

FP 2008-219

PUBLIC UTILITIES COMMISSION

Rules for Telecommunications

(Response received 5-1-09 and confirmed 5-4-09.)

 

 

FP 2009-4

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Voluntary Greenhouse Gas Emissions Reductions Registry

(Response received 4-28-09 and confirmed 4-29-09.)

 

 

FP 2009-15

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Home Health Care Providers

(Response received 4-24-09 and confirmed 4-27-09.)

 

 

FP 2009-22

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Commissioner

Employment-Releated Child Care

(Response received 4-24-09 and confirmed 4-27-09.)

 

 

REGULAR AGENDA

 

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

 

 

6. OR 2008-221

Revised Objection

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for the Job Training Program

(JLCAR Deadline June 9, 2009.)

(Formerly Item #9 on 4-17-09 agenda.)

 

 

7. DEPARTMENT OF SAFETY

 

 

(a) INT 2009-11

Approval with Recommendation

Interim Various Display Fireworks Rules

(JLCAR Deadline August 6, 2009. Former rules expired April 25, 2009.)

 

 

(b) FP 2008-264

Approval with Recommendation

Readoption of Safe Boater Education Rules

(JLCAR Deadline June 15, 2009.)

 

 

8. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) INT 2009-10

Approval

Division of Water

Monitoring, Reporting, and Compliance Laboratory Techniques

(JLCAR Deadline July 23, 2009. Existing rules will expire June 5, 2009.)

 

 

(b) OR 2008-260

Approval with Recommendation
and Understanding

Air Related Programs

Carbon Dioxide (CO2) Offset Projects

(JLCAR Deadline June 23, 2009.)

 

 

9. FP 2009-23

Approval with Recommendation

BOARD OF DIRECTORS

OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Organizational Rules

(JLCAR Deadline June 11, 2009.)

 

 

10. FP 2009-32

Approval

DEPARTMENT OF ADMINISTRATIVE SERVICES

Plant and Property Management Rule Revisions

(JLCAR Deadline June 15, 2009.)

 

 

11. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

(a) FP 2009-30

Approval

Former Division of Mental Health and Developmental Services

Certification of Residential Services, Combined Residential and Day Services or Day Services Provided in the Family Home

(JLCAR Deadline June 15, 2009.)

 

 

(b) FP 2009-33

Approval

Former Division of Human Services

Hearing Aid Services

(JLCAR Deadline June 8, 2009.)

 

 

12. Response to Preliminary Objections Made in April 17, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a) OR 2009-19

Postponed to 6/19/09 Regular Meeting

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Water Supply Land Protection Grant Program

(JLCAR Deadline July 21, 2009.)

 

 

(b) OR 2009-21

Withdrawn. No Further Action

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Opthalmic Dispensing Continuing Education

(JLCAR Deadline July 21, 2009.)

 

 

13. LUNCH BREAK

 

 

OTHER BUSINESS

 

14. Other