JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JUNE 15, 2007 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

Martha Fuller Clark

Maurice L. Pilotte

Jacalyn L. Cilley

Peter B. Schmidt

Betsi DeVries

Bonnie G. Mitchell

Robert J. Letourneau

Betsey L. Patten

Michael Downing

James R. MacKay

Iris W. Estabrook (Alt.)

John DeJoie (Alt.)

Kathleen G. Sgambati (Alt.)

James F. Powers (Alt.)

Peter Hoe Burling (Alt.)

Kimberley S. Casey (Alt.)

Joseph D. Kenney (Alt.)

Sharon M. Carson (Alt.)

Peter E. Bragdon (Alt.)

Alida I. Millham (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.

 

THE COMMITTEE WILL CONSIDER POSTPONING ITEMS #16 - #21 TO THE CONTINUED MEETING ON JUNE 29.

 

1. 9:00 am Convene and Review Minutes

11. 10:45 am FP 2007-53 He-C, INT 2007-15 He-A,

 

FP 2007-61 He-W

Consent Agenda

12. 11:45 am FP 2007-37 Ins

2. 9:05 am Final Proposals

13. 12:00 pm FP's 2006-200, 201, & 202 Gal

3. 9:10 am Objection Responses

14. 12:45 pm FP 2007-64 Saf-C

4. 9:12 am Preliminary Objections

15. 1:00 pm LUNCH BREAK

 

16. 2:00 pm FP 2007-34 Pari

Regular Agenda

17. 2:30 pm FP's 2007-43, 54, 35 & 38 Ins

5. 9:15 am Postpone Items

18. 3:00 pm FP 2007-47 Fis

6. 9:20 am FP's 2007-11 & 12 Tra

19. 3:30 pm FP 2007-24 He-M & OR 2007-1 He-P

7. 9:30 am OR 2006-197 & ROR 2006-150 Med

20. 4:30 pm OR's from 6-1-07 Meeting

8. 9:50 am FP 2007-27 Agr

 

9. 10:00 am FP 2007-30 Rev

Other Business

10. 10:30 am FP 2007-46 Env-Wt

21. 4:45 pm Other

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER Emergency Rule

INT Interim Rule


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 2006-199

Approval

GUARDIAN AD LITEM BOARD

Organizational Rules

(JLCAR Deadline July 16, 2007.)

 

 

(b) FP 2007-28

Approval

FISH AND GAME DEPARTMENT

Marine Rules - Boundary Descriptions for Area Restrictions on Berry Brook and Fishway Closure

(JLCAR Deadline July 6, 2007.)

 

 

(c) FP 2007-42

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules for Medical Assistance and Temporary Assistance to Needy Families

(JLCAR Deadline July 16, 2007.)

 

 

(d) FP 2007-44

Approval

DEPARTMENT OF ADMINISTRATIVE SERVICES

Procedural Rules

(JLCAR Deadline July 16, 2007.)

 

 

(e) FP 2007-45

Approval

DEPARTMENT OF ADMINISTRATIVE SERVICES

Non-expiring Procedural Rules

(JLCAR Deadline July 16, 2007.)

 

 

(f) FP 2007-48

Approval

FISH AND GAME DEPARTMENT

Moose Permit Fees

(JLCAR Deadline July 6, 2007.)

 

 

(g) FP 2007-52

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Extended Services to Pregnant Women

(JLCAR Deadline July 16, 2007.)

 

 

(h) FP 2007-62

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Temporary Assistance to Needy Families and Unemployed Parent Program Standard of Need

(JLCAR Deadline July 16, 2007.)

 

 

NOTE: Item #16 (Final Proposal 2007-34 Games of Chance from the Pari-Mutuel Commission) has no staff comments but attaches a final objection to a previous rulemaking proceeding in case the Committee had any question. Otherwise, the item could be placed on consent.

 

 

3. Committee Acceptance of Agency Responses to Objections:

 

 

(No items)

 

 

 

4. Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(Selected 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 May 4, 2007:

 

FP 2007-2

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

 

Fees

(Response received 5-18-07 and confirmed 5-21-07.)

 

Conditionally Approved May 18, 2007:

 

 

FP 2007-8

DEPARTMENT OF JUSTICE

Office of the Chief Medical Examiner

(Response not yet received.)

 

 

Conditionally Approved June 1, 2007:

 

 

FP 2006-168

INSURANCE DEPARTMENT

Claim Settlement

(Response received 6-7-07 and confirmed 6-7-07.)

 

 

FP 2006-169

INSURANCE DEPARTMENT

Standards for Safeguarding Customer Information

(Response received 6-7-07 and confirmed 6-7-07.)

 

 

FP 2007-25

FISH AND GAME DEPARTMENT

Fish and Game Rules on the Importation, Possession and Use of All Wildlife; Non-Game Rule Relative to Reptiles

(Response received 6-1-07 and confirmed 6-4-07.)

 

 

FP 2007-33

PARI-MUTUEL COMMISSION

Duties of Licensees

(Response not yet received.)

 

 

FP 2006-172

DEPARTMENT OF LABOR

Department of Labor and Appeals Hearings - Rules of Practice

(Response received 6-7-07 and confirmed 6-7-07.)

 

 

REGULAR AGENDA

 

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

 

 

6. DEPARTMENT OF TRANSPORTATION

 

 

(a) FP 2007-11

Conditional Approval with Recommendation

State Bridge Aid

(JLCAR Deadline July 16, 2007.)

 

 

(b) FP 2007-12

Conditional Approval with Recommendation

State Highway Aid

(JLCAR Deadline July 16, 2007.)

 

 

7. BOARD OF MEDICINE

 

 

(a) OR 2006-197

Approval with Recommendation

Rules Regarding Physicians Licensed or Applying for a License in New Hampshire

(JLCAR Deadline July 24, 2007. Most expired as interim rules December 13, 2006.)

(Formerly Item #19 on 6-1-07 agenda.)

 

 

(b) ROR 2006-150

Approval with Recommendation

Rules Regarding Practice and Procedures for Physicians Licensed in New Hampshire

(JLCAR Deadline July 24, 2007. Existing interim rules expired December 13, 2006.)

(Formerly Item #20 on 6-1-07 agenda.)

 

 

8. FP 2007-27

Approval

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Livestock Dealer Licensing and Slaughter of Cervidae and Bison

(JLCAR Deadline June 18, 2007.)

(Formerly Item #17 on 6-1-07 agenda.)

 

 

9. FP 2007-30

Approval with Recommendation

DEPARTMENT OF REVENUE ADMINISTRATION

Forms

(JLCAR Deadline June 18, 2007.)

(Formerly Item #18 on 6-1-07 agenda.)

 

 

10. FP 2007-46

Approval with Understanding

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Compensatory Mitigation

(JLCAR Deadline July 6, 2007. Former interim rule expired May 20, 2007.)

 

 

11. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2007-53

Approval

Commissioner

Assessment and Evaluation of Persons Eligible for Involuntary Civil Commitment as Sexually Violent Predators

(JLCAR Deadline July 16, 2007. Existing emergency rules will expire June 30, 2007.)

 

 

(b) INT 2007-15

Approval

Former Office of Alcohol and Drug Abuse Prevention

Phase II Programs

(JLCAR Deadline September 6, 2007. Most existing rules will expire July 21, 2007.)

 

 

(c) FP 2007-61

Objection

Former Division of Human Services

Service Limits, Co-Payments, and Non-Covered Services

(JLCAR Deadline July 16, 2007.)

 

 

12. FP 2007-37

Conditional Approval

INSURANCE DEPARTMENT

Hazardous Financial Conditions, Licensed Companies

(JLCAR Deadline June 25, 2007.)

 

 

13. GUARDIAN AD LITEM BOARD

 

(a) FP 2006-200

Postponed to 6/29/07 Continued Meeting

Non-expiring Procedural Rules

(JLCAR Deadline July 16, 2007.)

 

 

(b) FP 2006-201

Postponed to 6/29/07 Continued Meeting

Settlements; Explanation of Adopted Rules; Ethical Standards and Standards of Practice

(JLCAR Deadline July 16, 2007.)

 

 

(c) FP 2006-202

Postponed to 6/29/07 Continued Meeting

Amendments to Certification Requirements and Fees; Renewal of Certification, Sanctions, Continuing Education and Ongoing Requirements

(JLCAR Deadline July 16, 2007.)

 

 

14. FP 2007-64

Approval with Recommendation

DEPARTMENT OF SAFETY

Official Motor Vehicle Inspection Rules

(JLCAR Deadline July 16, 2007. Most existing rules expired as interim rules June 22, 2006.)

 

 

15. LUNCH BREAK

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

16. FP 2007-34

Approval

PARI-MUTUEL COMMISSION

Games of Chance

(JLCAR Deadline July 9, 2007.)

 

 

17. INSURANCE DEPARTMENT

 

 

(a) FP 2007-43

Postponed to 6/29/07 Continued Meeting

Property and Casualty Rate and Supplementary Information Filings

(JLCAR Deadline July 2, 2007.)

 

 

(b) FP 2007-54

Approval

Insurance Holding Companies

(JLCAR Deadline July 6, 2007.)

 

 

(c) FP 2007-35

Postponed to 6/29/07 Continued Meeting

Producers and Adjusters

(JLCAR Deadline July 16, 2007.)

 

 

(d) FP 2007-38

Postponed to 6/29/07 Continued Meeting

Fiduciary Obligation of Producers

(JLCAR Deadline July 16, 2007.)

 

 

18. FP 2007-47

Postponed to 6/29/07 Continued Meeting

FISH AND GAME DEPARTMENT

Wildlife Rules for 2007/2008

(JLCAR Deadline July 16, 2007.)

 

 

19. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2007-24

Postponed to 6/29/07 Continued Meeting

Former Division of Mental Health and Developmental Services

Establishment and Operation of Area Agencies

(JLCAR Deadline July 16, 2007. Some existing rules expired April 19, 2007.)

 

 

(b) OR 2007-1

Postponed to 6/29/07 Continued Meeting

Former Division of Public Health Services

Lead Poisoning Prevention and Control Rules

(JLCAR Deadline August 7, 2007.)

 

 

20. Remaining Responses to Preliminary Objections made in June 1, 2007 Meeting But Not Yet Received by Committee Staff.

 

 

(a) OR 2007-19

BOARD OF DIRECTORS, OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Fees Charged by the Governing Boards

(JLCAR Deadline August 30, 2007.)

 

 

(b) OR 2007-29

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Birthing Center Rules

(JLCAR Deadline August 30, 2007.)

 

 

(c) OR 2007-40

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Nursing Facility Preadmission Screening and Annual Resident Review (PASARR)

(JLCAR Deadline August 30, 2007.)

 

 

OTHER BUSINESS

 

21. Other