JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

MAY 15, 2015 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice Chair

Rep. Carol M. McGuire, Chair

Sen. Kevin Avard

Rep. David H. Kidder

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Dan Feltes

Rep. Tara A. Sad

Sen. David Watters

Rep. Peter B. Schmidt

Sen. Regina Birdsell (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. John Sytek (Alt.)

Sen. Gary Daniels (Alt.)

(Alt.)

Sen. Nancy Stiles (Alt.)

(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 2014-187
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Early and Periodic Screening, Diagnostic, and Treatment Services

(JLCAR Deadline June 15, 2015.)

 

 

(b) FP 2015-13
Approval

HEALTH SERVICES PLANNING AND REVIEW BOARD

Transfer of Ownership

(JLCAR Deadline June 5, 2015.)

*(The only substantive issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.)

 

 

(c) FP 2015-19
Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Requirements for Reinstatement of Licensure and Supervised Practice

(JLCAR Deadline June 1, 2015.)

 

 

(d) FP 2015-20
Approval

GOVERNING BOARD OF ATHLETIC TRAINERS

Definition of National Athletic Trainer Association Board of Certification, Inc.

(JLCAR Deadline June 8, 2015.)

 

 

(e) FP 2015-37
Approval

BOARD OF REVENUE ADMINISTRATION

Credits or Refunds for Returned, Outdated, Damaged, or Unsalable OTP, RYO, or Cigarettes

(JLCAR Deadline June 15, 2015.)

 

 

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

 

 

(No Items)

 

 

 

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

 

OR 2014-136
Approval

BOARD OF EDUCATION

Chartered Public School and Open Enrollment Schools

(JLCAR Deadline June 23, 2015.)

 

 

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 March 20, 2015

 

 

FP 2014-150

PHARMACY BOARD

Pharmacist Renewal Fees and Fee for Immunization Administration

(Response received 4-17-15 and confirmed 4-21-15.)

 

 

FP 2014-164

PESTICIDE CONTROL BOARD

Aquatic Application of Pesticides

(Response received 4-27-15 and confirmed 4-27-15.)

 

 

Conditionally Approved April 17, 2015

 

 

FP 2014-118

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Rights of Persons Receiving Developmental Services or Acquired Brain Disorder Services

in the Community

(Response received 4-20-15 and confirmed 4-21-15.)

 

 

FP 2015-16

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Rights of Persons Receiving Mental Health Services in the Community

(Response received 4-20-15 and confirmed 4-21-15.)

 

 

FP 2015-17

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Rights of Persons Receiving Mental Health Services in State Mental Health Facilities

(Response received 4-20-15 and confirmed 4-21-15.)

 

 

FP 2014-186

FISH AND GAME DEPARTMENT

Method and Manner of Taking

(Response received 4-24-15 and confirmed 4-24-15.)

 

 

FP 2015-27

DEPARTMENT OF SAFETY

Mechanical Licensing Board

Mechanical Licensing Board Initial Licensure Rules

(Response not yet received.)

 

 

FP 2015-28

DEPARTMENT OF SAFETY

Mechanical Licensing Board

Mechanical Licensing Board Renewal Licensure Rules

(Response not yet received.)

 

 

FP 2015-29

DEPARTMENT OF SAFETY

Mechanical Licensing Board

Mechanical Licensing Board Fees Rules

(Response not yet received.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. PUBLIC UTILITIES COMMISSION

 

 

FP 2015-15
Approval

Working Capital

(JLCAR Deadline May 26, 2015.)

 

 

8. 9:30 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) FP 2014-166
Approval

Oil and Remediation Programs

Contaminated Site Management

(JLCAR Deadline June 1, 2015.)

 

 

(b) FP 2014-167
Approval

Oil and Remediation Programs

Groundwater Release Detection Permits

(JLCAR Deadline June 1, 2015.)

 

 

(c) FP 2014-168
Approval

Oil and Remediation Programs

Brownfields Program Under RSA 147-F

(JLCAR Deadline June 1, 2015.)

 

 

(d) FP 2014-179
Approval

Water Quality and Quantity Programs

Required Best Management Practices for Groundwater Protection

(JLCAR Deadline June 15, 2015.)

 

 

9. 9:45 a.m. GOVERNING BOARD OF PHYSICAL THERAPISTS

 

 

FP 2015-18
Preliminary Objection

Requirements for Initial Licensure

(JLCAR Deadline June 1, 2015.)

 

 

10. 9:50 a.m. GOVERNING BOARD OF ATHLETIC TRAINERS

 

 

(a) FP 2015-21
Preliminary Objection

Continued Status

(JLCAR Deadline June 8, 2015.)

 

 

(b) FP 2015-22
Conditional Approval

Obligation to Comply with Laws and Ethical Principles

(JLCAR Deadline June 8, 2015.)

 

 

11. 9:55 a.m. GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

 

 

(a) FP 2015-24
Preliminary Objection

Requirements for Licensure

(JLCAR Deadline June 12, 2015.)

 

 

(b) FP 2015-25
Preliminary Objection

Requirements for Reinstatement

(JLCAR Deadline June 12, 2015.)

 

 

12. 10:00 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

INT 2015-1
Approval

Former Division of Public Health Services

Collection Station Rules

(JLCAR Deadline August 5, 2015. Former rules expired March 24, 2015.)

 

 

13. 10:10 a.m. DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

 

 

FP 2014-153
Preliminary

Rules for the Grant-in-Aid Program

(JLCAR Deadline June 15, 2015.)

Objection with understanding of placement of Objection Response on 6/5/15 agenda if received prior to 6/5/15

 

 

14. 10:30 a.m. FISH AND GAME DEPARTMENT

 

 

(a) FP 2015-26
Approval

2015 Cod and Haddock Adjustments

(JLCAR Deadline June 15, 2015.)

 

 

(b) Discussion on the following emergency rule (Doc. #10822, effective 4-28-15):

No Further Action

Cod Restriction and Haddock Weight Limit

 

15. 10:40 a.m. DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

OR 2014-178
Approval with Recommendation

Transfer of Animals and Birds

(JLCAR Deadline June 23, 2015.)

 

 

16. 10:50 a.m. BOARD OF MENTAL HEALTH PRACTICE TO BE POSTPONED

 

 

ROR 2014-12

Postponed to 6/5/15 Continued Meeting

License Requirements, Applications, and Fees

(JLCAR Deadline July 21, 2015.)

(Response not yet received. Response due by June 1, 2015.)

 

 

17. 10:55 a.m. EXECUTIVE BRANCH ETHICS COMMITTEE TO BE POSTPONED

 

 

OR 2014-132
Postponed to 6/5/15 Continued Meeting

Organizational Rules, Practice and Procedure Rules

(JLCAR Deadline July 21, 2015.)

(Response not yet received. Response due by June 1, 2015. Waiver of deadline to be requested.)

 

 

18. 11:00 a.m. BOARD OF MEDICINE TO BE POSTPONED

 

 

OR 2015-1
Postponed to 6/5/15 Continued Meeting

New Requirements for Physician License Renewal

(JLCAR Deadline July 21, 2015.)

(Response not yet received. Response due by June 1, 2015. Waiver of deadline to be requested.)

 

 

OTHER BUSINESS

19. 11:10 a.m.

 

Request of Richard Welch regarding a rulemaking petition to amend procedural rules of the N.H. Retirement System.
No further action except legislation to be filed.