JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

MAY 17, 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 Interim Rules:

 

 

(a) FP 2018-206
Approval

DEPARTMENT OF CORRECTIONS

Request Slips in State Correctional Facilities

(JLCAR Deadline June 17, 2019.)

 

 

(b) FP 2019-34
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Family Support Services

(JLCAR Deadline June 10, 2019.)

 

 

(c) FP 2019-38
Approval

DEPARTMENT OF SAFETY

Commissioner

DNA Database Records Rules

(JLCAR Deadline June 17, 2019.)

 

 

(d) FP 2019-41
Approval

FISH AND GAME DEPARTMENT

Moose Season Lottery

(JLCAR Deadline June 7, 2019.)

 

 

(e) FP 2019-45
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Electronic Benefit Transfer Account Holder Access

(JLCAR Deadline June 7, 2019.)

 

 

(f) INT 2019-12
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Alzheimer's Respite Care Services

(JLCAR Deadline August 7, 2019. Existing rules will expire May 26, 2019.)

 

 

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

 

 

(No Items)

 

 

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 April 26, 2019:

 

 

FP 2018-163

FISH AND GAME DEPARTMENT

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

(Response received April 30, 2019 and confirmed April 30, 2019.)

 

 

FP 2018-208

DEPARTMENT OF CORRECTIONS

Correctional Classification System

(Response received May 9, 2019 and confirmed May 9, 2019.)

 

 

FP 2019-7

BOARD OF SEPTIC SYSTEM EVALUATORS

Procedural Rules

(No response yet.)

 

 

Conditionally Approved May 3, 2019:

 

 

FP 2018-184

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Wetlands: Definitions, Access to Files

(No response yet.)

 

 

FP 2018-187

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

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

(No response yet.)

 

 

FP 2018-188

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Wetlands: Project-Specific Requirements

(No response yet.)

 

 

FP 2018-189

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Wetlands: Coastal Lands and Tidal Waters and Wetlands

(No response yet.)

 

 

FP 2018-190

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Wetlands: Prime Wetlands

(No response yet.)

 

 

FP 2018-191

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Wetlands: Compensatory Mitigation

(No response yet.)

 

 

FP 2018-192

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Wetlands: Stream Crossings; Certified Culvert Maintainer Program

(No response yet.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) FP 2018-186
Conditional Approval with Recommendation

Wetlands Programs

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

Jurisdictional Areas

(JLCAR Deadline May 17, 2019.)

(Formerly Item #12(c) on 4-26-19 and 5-3-19 Agendas.)

 

 

(b) FP 2019-55
Approval with Recommendation

Water Quality and Quantity Programs

Amendments to Operating Standards for Youth Recreational Camps

(JLCAR Deadline June 17, 2019.)

 

 

8. 9:35 a.m. DEPARTMENT OF CORRECTIONS

 

 

(a) FP 2018-209
Conditional Approval with Understanding

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

(JLCAR Deadline May 20, 2019.)

(Formerly Item #11(d) on 4-26-19 Agenda.)

 

 

(b) FP 2018-207
Conditional Approval

Formal Complaints and Grievances by Probationers, Parolees, and Residents of Correctional Facilities

(JLCAR Deadline June 17, 2019.)

 

 

9. 9:45 a.m. DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

FP 2019-13
Approval

Commercial Feeds

(JLCAR Deadline June 3, 2019. Former rules expired August 28, 2018.)

 

 

10. 9:50 a.m. BOARD OF EDUCATION

 

 

FP 2018-197
Approval

Code of Conduct Requirement

(JLCAR Deadline June 13, 2019.)

 

 

11. 10:00 a.m. FISH AND GAME DEPARTMENT

 

 

FP 2018-210
Approval

Licensing and Permits

(JLCAR Deadline June 17, 2019.)

 

 

12. 10:05 a.m. INSURANCE DEPARTMENT

 

 

(a) FP 2019-44
Conditional Approval

Short Term Limited Duration Health Insurance

(JLCAR Deadline June 10, 2019.)

 

 

(b) FP 2019-49
Conditional Approval

Requirements for Accident and Health Insurance Rate Submissions

(JLCAR Deadline June 13, 2019.)

 

 

13. 10:15 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2019-17
Approval

Former Division of Human Services

NH Granite Advantage Health Care Program

(JLCAR Deadline June 17, 2019. Existing interim rules will expire August 22, 2019.)

 

 

(b) FP 2019-28
Approval

Former Division of Human Services

Certified Midwife Services

(JLCAR Deadline June 10, 2019. Most of the rules expired June 25, 2018.)

 

 

(c) FP 2019-50
Conditional Approval

Former Division of Public Health Services

Non-Emergency Walk-In Care Centers

(JLCAR Deadline June 17, 2019. Existing interim rules will expire May 20, 2019.)

 

 

(d) INT 2019-13
Approval with Understanding

Former Division of Human Services

Dental Services

(JLCAR Deadline August 7, 2019. Most of the existing rules will expire June 1, 2019.)

 

 

14. 10:45 a.m. DEPARTMENT OF SAFETY

 

 

OR 2018-156
Approval

Commissioner

Emergency Medical Services Rules

(JLCAR Deadline June 18, 2019.)

 

 

15. 10:50 a.m. REAL ESTATE APPRAISER BOARD

 

 

FP 2019-39
Preliminary Objection

Appraisal Management Company Fees

(JLCAR Deadline June 20, 2019.)

 

16. 11:00 a.m. BOARD OF PODIATRY

 

 

INT 2019-14
Conditional Approval

Licensure and Renewal Rules

(JLCAR Deadline August 7, 2019. Most of the rules expired April 15, 2019.)

 

 

OTHER BUSINESS

17. 11:15 a.m.