JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JUNE 15, 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, Proposed Interim Rules, and Proposed Expedited Repeals:

 

 

(a) FP 2017-171

Approval

 

DEPARTMENT OF ENVIRONMENTAL SERVICES

Amendments Relative to Groundwater Discharges of Wastewater

Containing 1,4-Dioxane and the Required Response to Exceedances of Ambient
Groundwater Quality Standards

(JLCAR Deadline June 29, 2018.)

 

 

(b) FP 2017-172

Approval

DEPARTMENT ENVIRONMENTAL SERVICES

Oil and Remediation Programs

Amendments to Ambient Groundwater Quality Standards (AGQS).

(JLCAR Deadline June 29, 2018.)

 

 

(c) FP 2018-54

Approval

OFFICE OF STRATEGIC INITIATIVES

Governor's Scholarship Program

(JLCAR Deadline July 16, 2018. Existing interim rules will expire July 2, 2018.)

 

 

(d) FP 2018-55

Approval

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Livestock Dealer Licensing

(JLCAR Deadline July 9, 2018. Existing interim rules will expire August 1, 2018.)

 

 

(e) FP 2018-56

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Treatment of Combat-Related Pay for FANF Cash Assistance Programs

(JLCAR Deadline July 5, 2018.)

 

 

(f) FP 2018-63

Approval

INSURANCE DEPARTMENT

Replacement of Individual Ancillary Health Coverage

(JLCAR Deadline July 2, 2018. Former regular rules expired April 17, 2014.)

 

 

(g) FP 2018-69

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Telephone Applications

(JLCAR Deadline July 6, 2018.)

 

 

(h) INT 2018-13

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Ambulatory Surgical Centers

(JLCAR Deadline August 29, 2018. The existing rules will expire
June 18, 2018.)

 

 

(i) INT 2018-14

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Children's Special Medical Service

(JLCAR Deadline September 5, 2018. Most of the existing rules will expire
July 1, 2018.)

 

 

(j) EXP 2018-1

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Child Support Disbursement Fee

(No JLCAR Deadline.)

 

 

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

 

 

(a) FP 2018-50

Conditional Approval

INSURANCE DEPARTMENT

Health and Dental Benefit Plan Network Adequacy

(JLCAR Deadline July 16, 2018.)

 

 

(b) FP 2018-65

Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Nursing Facility Reimbursement Methodology for Determining the Per Diem Rate

(JLCAR Deadline July 2, 2018. Existing interim rules will expire June 21, 2018.)

 

 

(c) FP 2018-77

Conditional Approval

DEPARTMENT OF SAFETY

Commissioner

Rules for Breath Alcohol Procedures Using the Intoxilyzer 9000 Instrument

(JLCAR Deadline July 16, 2018.)

 

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 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

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

 

 

FP 2017-182

BOARD OF NURSING

Meetings; Quorum; Committees

(Response received May 23, 2018 and confirmed May 24, 2018.)

 

 

Conditionally Approved May 18, 2018

 

 

FP 2017-178

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

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

(Response received May 21, 2018 and confirmed May 21, 2018.)

 

FP 2018-4

FISH AND GAME DEPARTMENT

Department Controlled Boat Access Areas

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

 

 

FP 2018-12

N.H. RETIREMENT SYSTEM

Annual Report of Gainful Occupation

(No response yet.)

 

FP 2018-23

BOARD OF EDUCATION

Special Education Aid

(Response received June 13, 2018 and confirmed June 14, 2018.)

 

 

FP 2018-45

INSURANCE DEPARTMENT

Medical Utilization Review Entities

(Response received June 1, 2018 and confirmed June 1, 2018.)

 

 

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 2017-163

Conditional Approval

Utility Pole Attachment Rules

(JLCAR Deadline June 15, 2018.)

(Formerly Item #10 on the Regular Agenda for the 5-18-18 meeting.)

 

 

8. 9:30 a.m. N.H. VETERANS' HOME

 

 

(a) INT 2018-11

Approval

Procedural Rules

(JLCAR Deadline August 29, 2018. Former rules expired July 21, 2015.)

 

(b) INT 2018-12

Approval

Residency, Admission, Transfers, and Discharge Rules

(JLCAR Deadline August 29, 2018. Former rules expired July 21, 2015.)

 

 

9. 9:45 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

INT 2018-15

Approval w/

Understanding

Former Division of Mental Health and Developmental Services

Family Support Services

(JLCAR Deadline September 5, 2018. The existing rules will expire
June 18, 2018.)

 

 

10. 9:50 a.m. FISH AND GAME DEPARTMENT

 

(a) FP 2017-181

Approval

Agency Action Against Holders of Licenses, Registrations, and Permits

(JLCAR Deadline June 25, 2018.)

 

 

(b) FP 2018-33

Preliminary

Objection

Off Highway Recreation Vehicles and Snowmobiles

(JLCAR Deadline July 16, 2018.)

 

 

(c) FP 2018-39

Preliminary

Objection

Wildlife Seasons Biennial Rulemaking

(JLCAR Deadline June 25, 2018.)

 

 

OTHER BUSINESS

11. 10:45 a.m.