JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JUNE 18, 2010 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING*

 

*Room 303 is available as a work room for agencies.

 

Senate Members of JLCAR

House Members of JLCAR

Jacalyn L. Cilley

Maurice L. Pilotte

Martha Fuller Clark

Peter B. Schmidt

Amanda Merrill

Betsey L. Patten

Robert J. Letourneau

Suzanne H. Gottling

Sharon M. Carson

Alida I. Millham

Kathleen G. Sgambati (Alt.)

Laurie J. Boyce (Alt.)

Matthew S. Houde (Alt.)

Kathleen N. Taylor (Alt.)

Betsi DeVries (Alt.)

Kimberley S. Casey (Alt.)

Michael Downing (Alt.)

Tara A. Sad (Alt.)

Peter E. Bragdon (Alt.)

David H. Kidder (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.

 

 

1. 9:00 am Convene and Review Minutes

8. 10:15 am ROR 2009-191 Ed

 

9. 10:30 am INT 2010-5 He-M, FP's 2010-26 He-C,

Consent Agenda

2010-43 He-W, 2010-44 & 45 He-M,

2. 9:05 am Final Proposals

OR 2009-130 He-M

3. 9:10 am Objection Responses

10. 12:45 pm Disc. on LEAN process

4. 9:12 am Preliminary Objections

11. 1:00 pm LUNCH BREAK

 

12. 2:00 pm OR's from 11-19-09 Meeting

Regular Agenda

13. 2:15 pm ROR from 5-21-10 Meeting

5. 9:13 am Postpone Items

 

6. 9:15 am EXP 2010-2 & 3 Env-Ws

Other Business

7. 9:25 am FP's 2009-198 & 2010-50 Saf-C

14. 2:30 pm Other

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

 

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 2010-25

Approval

FISH AND GAME DEPARTMENT

Marine Rules Relative to Gear Restriction, Salters, and the Winnicut River

(JLCAR Deadline July 6, 2010.)

 

 

(b) FP 2010-27

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services
Financial Assistance to Needy Families Standard of Need

(JLCAR Deadline July 12, 2010.)

 

 

(c) FP 2010-28

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services
Podiatry Services Service Limits

(JLCAR Deadline July 12, 2010.)

 

 

(d) FP 2010-29

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services
Certified Midwife Services

(JLCAR Deadline July 12, 2010.)

See * below.

 

 

(e) FP 2010-30

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs
Public Notification for Public Water Systems

(JLCAR Deadline July 19, 2010.)

See ** below.

 

 

(f) FP 2010-31

Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Wages During Week Claimed

(JLCAR Deadline July 19, 2010.)

 

 

(g) FP 2010-32

Approval with Recommendation

DEPARTMENT OF EMPLOYMENT SECURITY

Employment Services; Work Search

(JLCAR Deadline July 19, 2010.)

 

 

(h) FP 2010-33

Postponed to 6/25/10 Continued Meeting

DEPARTMENT OF EMPLOYMENT SECURITY

Overpayment Without Fault; Waiting Week

(JLCAR Deadline July 19, 2010.)

 

 

(i) FP 2010-34

Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Leaving Self-Employment or Closing Business

(JLCAR Deadline July 19, 2010.)

 

 

(j) FP 2010-35

Postponed to 6/25/10 Continued Meeting

DEPARTMENT OF EMPLOYMENT SECURITY

Termination of Employment

(JLCAR Deadline July 19, 2010.)

 

 

(k) FP 2010-36

Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Approved Training

(JLCAR Deadline July 19, 2010.)

 

 

(l) FP 2010-41

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services
Fluctuating Income

(JLCAR Deadline July 19, 2010.)

 

 

(m) FP 2010-42

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services
Hearing Aid Services

(JLCAR Deadline July 19, 2010.)

 

 

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

 

 

** The only issue with this final proposal is that there is a concern regarding a potential violation of Part 1, Article 28-a of the N.H. Constitution, but these rules appear to implement a pass-through of federal requirements.

 

 

3. Committee Acceptance of Agency Responses to Objections:

 

 

(No Items)

 

 

 

4. 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 May 21, 2010:

 

 

FP 2010-22

BOARD OF REGISTRATION IN OPTOMETRY

Application Process, Character Qualifications, Examination Requirements, Application for TPA Certification, Out-of-State Contact Lens Dispenser Requirements, Expiration and Renewal of Licenses, Denial of Renewal, Continuing Education Requirements, Procedures for Complaints and Disciplinary Hearings, Ethical Standards, and the Effect of Inactive License on Disciplinary Actions

(Response received 6-15-10 and confirmed 6-15-10.)

 

 

FP 2010-16

FISH AND GAME DEPARTMENT

Fish and Game 2010/2011 Wildlife Rules

(Response received 5-27-10 and confirmed 5-27-10.)

 

 

Conditionally Approved June 4, 2010:

 

 

FP 2010-18

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Hospice Services
(Response received 6-11-10 and confirmed 6-14-10.)

 

 

FP 2010-20

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Ambulatory Surgical Centers
(Response received 6-11-10 and confirmed 6-14-10.)

 

 

FP 2010-21

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Family Supports and Services to Children and Young Adults with Chronic Health Conditions
(Response received 6-14-10 and confirmed 6-15-10.)

 

 

REGULAR AGENDA

 

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

 

 

6. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) EXP 2010-2

Approval

Division of Water
Filtration, Disinfection, Treatment Plant and Waste Recycling Rule - REPEAL

(No JLCAR Deadline for expedited repeals.)

 

 

(b) EXP 2010-3

Approval

Division of Water

Disinfectant/Disinfection Byproducts Rule - REPEAL

(No JLCAR Deadline for expedited repeals.)

 

 

7. DEPARTMENT OF SAFETY

 

 

(a) FP 2009-198

Approval with Recommendation

Modular Buildings and Building Components Rules

(JLCAR Deadline July 6, 2010.)

 

 

(b) FP 2010-50

Approval

Various Watercraft Safety Rules

(JLCAR Deadline is August 2, 2010.)

 

 

8. ROR 2009-191

Approval with Recommendation

BOARD OF EDUCATION
Approval of Nonpublic Schools

(JLCAR Deadline August 25, 2010.)

 

 

9. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) INT 2010-5

Postponed to 6/25/10 Continued Meeting

Former Division of Mental Health and Developmental Services

Rights Protection Procedures

(JLCAR Deadline September 9, 2010. Most of the existing rules will expire July 24, 2010.)

 

 

(b) FP 2010-26

Postponed to 6/25/10 Continued Meeting

Commissioner

Submission of Health Care Facility Financial Data

(JLCAR Deadline July 19, 2010.)

 

 

(c) FP 2010-43

Postponed to 6/25/10 Continued Meeting

Former Division of Human Services
Expanded Health Care Coverage for Certain Low-Income Children (SCHIP) - Co-Payments

(JLCAR Deadline July 19, 2010.)

 

 

(d) FP 2010-44

Postponed to 6/25/10 Continued Meeting

Former Division of Mental Health and Developmental Services

Community Mental Health Services

(JLCAR Deadline July 19, 2010.)

 

 

(e) FP 2010-45

Postponed to 6/25/10 Continued Meeting

Former Division of Mental Health and Developmental Services

Children's Special Medical Services

(JLCAR Deadline July 19, 2010.)

 

 

(f) OR 2009-130

Final Objection

Former Division of Mental Health and Developmental Services

Eligibility Determination and Service Planning for Individuals With An Acquired Brain Disorder

(JLCAR Deadline August 10, 2010.)

 

 

10. Discussion of status of LEAN process.

No Further Action

 

 

11. LUNCH BREAK

 

 

12. Responses to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a) OR 2008-165

Postponed to 6/25/10 Continued Meeting

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

(b) OR 2008-166

Postponed to 6/25/10 Continued Meeting

BOARD OF MENTAL HEALTH PRACTICE

Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

13. Responses to Revised Objections Made in June 4, 2010 Meeting But Not Yet Received by Committee Staff:

 

 

(a) ROR 2009-176

Postponed to 6/25/10 Continued Meeting

LIQUOR COMMISSION
Agency Store Rules

(JLCAR Deadline September 7, 2010.)

 

 

OTHER BUSINESS

 

14. Other