JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

MAY 18, 2018 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice Chair

Sen. Kevin Avard

Rep. William A. Hatch

Sen. Dan Feltes

Rep. Timothy Lang

Sen. Harold French

Rep. Peter B. Schmidt

Sen. Jay Kahn

Rep. Terry M. Wolf

Sen. Martha Fuller Clark (Alt.)

Rep. Karen Ebel (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. William Gannon (Alt.)

Rep. Carolyn Matthews (Alt.)

Sen. Dan Innis (Alt.)

Rep. Bill Ohm (Alt.)

Sen. Ruth Ward (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. 9:05 a.m. Committee Approval of Final Proposals and Expedited Amendments to Incorporation by Reference:

 

 

(a) FP 2017-164

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Hearing Aid Services

(JLCAR Deadline June 7, 2018.)

 

 

(b) FP 2017-168

Approval

DEPARTMENT ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Voluntary Certified Salt Applicator Amendments, including Application Fee

(JLCAR Deadline June 11, 2018.)

 

 

(c) FP 2017-179

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Public Water Systems: Filtration, Disinfection, and Waste Recycling

(JLCAR Deadline May 29, 2018.)

 

 

(d) FP 2018-4

Conditional Approval

FISH AND GAME DEPARTMENT

Department Controlled Boat Access Areas

(JLCAR Deadline May 29, 2018.)

 

 

(e) FP 2018-27

Approval

LOTTERY COMMISSION

Gaming and Charitable Gaming Division

Lucky 7 Open Deals

(JLCAR Deadline June 1, 2018.)

 

 

(f) FP 2018-28

Approval

LOTTERY COMMISSION

Multi-State Lottery Association (MUSL)

(JLCAR Deadline June 1, 2018.)

 

 

(g) FP 2018-38

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Interim Disabled Parent (IDP) Category of Financial Assistance

(JLCAR Deadline June 4, 2018.)

 

 

(h) FP 2018-42

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medicaid Managed Care Organization (MCO) Appeal and State Fair Hearings

(JLCAR Deadline June 14, 2018.)

 

 

(i) EXIR 2018-2

Approval

BOARD OF DENTAL EXAMINERS

Dentist Qualifications; Permits for Moderate Sedation Only; Minimal Sedation;

Ethical Duties

(No JLCAR Deadline.)

 

 

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

 

 

(a) FP 2017-178

Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Public Water Systems: Disinfection Residuals, Byproducts, and Byproduct Precursors

(JLCAR Deadline May 29, 2018.)

 

 

(b) FP 2018-45

Conditional Approval

INSURANCE DEPARTMENT

Medical Utilization Review Entities

(JLCAR Deadline June 11, 2018.)

 

 

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

 

(a) OR EXRF
2018-1

Accepted/Approved

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Form 1715 Foster Care/Adoption Application

(JLCAR Deadline July 24, 2018.)

 

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 not previously reported 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 20, 2018:

 

 

FP 2017-146

LOTTERY COMMISSION

Live and Simulcast Racing

(No response yet.)

 

 

FP 2017-182

BOARD OF NURSING

Meetings; Quorum; Committees

(No response yet.)

 

 

FP 2018-29

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Monitoring of License-Exempt Facilities, and Family and Friends Child Care Providers Accepting
Child Care Scholarship

(Response received April 30, 2018 and confirmed April 30, 2018.)

 

 

FP 2018-17

DEPARTMENT OF SAFETY

Commissioner

Alcohol and Controlled Drug Rules

(Response received May 9, 2018 and confirmed May 10, 2018.)

 

 

FP 2018-24

DEPARTMENT OF SAFETY

Commissioner

Opioid Grant Rules

(Response received May 9, 2018 and confirmed May 11, 2018.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. N.H. RETIREMENT SYSTEM

 

 

FP 2018-12

Conditional Approval

Annual Report of Gainful Occupation

(JLCAR Deadline May 25, 2018.)

 

 

8. 9:25 a.m. BOARD OF EDUCATION

 

 

(a) FP 2018-22

Approval

Definitions and Personnel Standards

(JLCAR Deadline May 29, 2018.)

 

 

(b) FP 2018-23

Conditional Approval

Special Education Aid

(JLCAR Deadline May 29, 2018.)

 

 

9. 9:30 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

(a) FP 2018-46

Approval

Former Division of Human Services

Pharmaceutical Services

(JLCAR Deadline June 8, 2018.)

 

 

(b) INT 2018-9

Approval

Former Division of Public Health Services

Indoor Smoking Rules

(JLCAR Deadline August 1, 2018. Former rules expired December 29, 2015 and January 1, 2017.)

 

 

(c) INT 2018-10

Approval

Commissioner

Certification Payment Standards for Interpreter Service Providers

(JLCAR Deadline August 1, 2018. Former rules expired March 1, 2017.)

 

 

10. 9:40 a.m. PUBLIC UTILITIES COMMISSION

 

 

FP 2017-163

Postponed to 6/15/18
Regular Meeting

Utility Pole Attachment Rules

(JLCAR Deadline June 14, 2018.)

 

 

OTHER BUSINESS

11. 10:30 a.m.