JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JUNE 19, 2015 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice Chair

Rep. Carol M. McGuire, Chair

Sen. Kevin Avard

Rep. David H. Kidder

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Dan Feltes

Rep. Tara A. Sad

Sen. David Watters

Rep. Peter B. Schmidt

Sen. Regina Birdsell (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. John Sytek (Alt.)

Sen. Gary Daniels (Alt.)

(Alt.)

Sen. Nancy Stiles (Alt.)

(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 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


 

CONSENT AGENDA

 

2.   9:05 a.m.    Committee Approval of Final Proposals:

 

 

(a)  FP 2015-33
Approval

FISH AND GAME DEPARTMENT

Moose Season Lottery - 2015

(JLCAR Deadline July 10, 2015.)

 

 

(b)  FP 2015-43
Approval

DEPARTMENT OF SAFETY

Commissioner

Expiration of Unit and Provider Initial and Renewal Licenses Rules

(JLCAR Deadline July 20, 2015.)

 

 

(c)  FP 2015-50
Approval

FISH AND GAME DEPARTMENT

Intra-Scholastic Fishing Tournaments

(JLCAR Deadline July 6, 2015.)

 

 

(d)  FP 2015-51
Approval

FISH AND GAME DEPARTMENT

Exceptions to Restrictions for Fishing Tournaments - Rock Bass

(JLCAR Deadline July 6, 2015.)

 

 

(e)  FP 2015-53
Approval

INSURANCE DEPARTMENT

Individual Supplemental Unemployment Insurance

(JLCAR Deadline July 6, 2015.)

 

 

(f)  FP 2015-59
Approval

ELECTRICIANS' BOARD

Electricians' Board Rules Regarding Format and Subject Matter

(JLCAR Deadline July 6, 2015.)

 

 

(g)  FP 2015-62
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Definition of Contraband and Procedure for Seizure

(JLCAR Deadline July 20, 2015.)

 

 

(h)  FP 2015-64
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Documentation of Tobacco Tax Paid for Other Tobacco Products and Roll-Your-Own

(JLCAR Deadline July 20, 2015.)

 

 

(i)  FP 2015-66
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Power of Attorney Form and Signature

(JLCAR Deadline July 20, 2015.)

 

 

(j)  FP 2015-68
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Emergency Assistance Eligibility and Verification Requirements

(JLCAR Deadline July 20, 2015.)

 

 

(k)  FP 2015-69
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to the Deprivation of Parental Support or Care in the Financial Assistance to Needy Families (FANF) Program

(JLCAR Deadline July 20, 2015.)

 

 

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

 

 

(a)  FP 2015-56
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Registration of Radiation, Magnetic Resonance Imaging and Service Providers

(JLCAR Deadline July 20, 2015.)

 

 

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

 

 

(a)  OR 2015-1
Approval

BOARD OF MEDICINE

New Requirements for Physician License Renewal

(JLCAR Deadline August 6, 2015.)

 

 

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 17, 2015

 

 

FP 2015-27

DEPARTMENT OF SAFETY

Mechanical Licensing Board

Mechanical Licensing Board Initial Licensure Rules

(Response received 5-20-15 and confirmed 5-20-15.)

 

 

FP 2015-28

DEPARTMENT OF SAFETY

Mechanical Licensing Board

Mechanical Licensing Board Renewal Licensure Rules

(Response received 5-20-15 and confirmed 5-20-15.)

 

 

FP 2015-29

DEPARTMENT OF SAFETY

Mechanical Licensing Board

Mechanical Licensing Board Fees Rules

(Response received 5-20-15 and confirmed 5-20-15.)

 

 

Conditionally Approved May 15, 2015

 

 

FP 2015-22

GOVERNING BOARD OF ATHLETIC TRAINERS

Obligation to Comply with Laws and Ethical Principles

(Response received 5-29-15 and confirmed 6-1-15.)

 

 

REGULAR AGENDA

 

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

 

7.   9:20 a.m.    DEPARTMENT OF SAFETY

 

 

(a)  FP 2014-182
Conditional Approval

Commissioner

Readoption of Administrative License Suspension Rules

(JLCAR Deadline June 25, 2015.)

 

 

(b)  FP 2014-183
Conditional Approval

Commissioner

Readoption of Railroad Police Rules

(JLCAR Deadline July 10, 2015.)

 

 

(c)  FP 2015-75
Approval

Commissioner

Road Toll Administration Rules

(JLCAR Deadline July 27, 2015.  Existing interim rules will expire June 30, 2015.)

 

 

8.   9:30 a.m.    GOVERNING BOARDS UNDER THE OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

 

 

(a)  FP 2015-30
Approval with Understanding

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Definitions and Notarized Signature

(JLCAR Deadline July 6, 2015.)

 

 

(b)  FP 2015-47
Postponed to 6/26/15 Continued Meeting

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Requirements for Initial Licensure

(JLCAR Deadline July 20, 2015.)

 

 

(c)  FP 2015-48
Postponed to 6/26/15 Continued
Meeting

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Requirements for Reinstatement of Licensure

(JLCAR Deadline July 20, 2015.)

 

 

(d)  FP 2015-49
Postponed to 6/26/15 Continued
Meeting

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Initial Certification and Reinstatement of Certification for Speech-Language Assistants

(JLCAR Deadline July 20, 2015.)

 

 

(e) OR 2015-18
Postponed to 6/26/15 Continued
Meeting

GOVERNING BOARD OF PHYSICAL THERAPISTS

Requirements for Initial Licensure

(JLCAR Deadline August 18, 2015.)

 

 

(f)  OR 2015-21
Postponed to 6/26/15 Continued
Meeting

GOVERNING BOARD OF ATHLETIC TRAINERS

Continued Status

(JLCAR Deadline August 18, 2015.)

 

 

(g)  OR 2015-24
Postponed to 6/26/15 Continued
Meeting

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Requirements for Licensure

(JLCAR Deadline August 18, 2015.)

 

 

(h)  OR 2015-25
Postponed to 6/26/15 Continued
Meeting

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Requirements for Reinstatement

(JLCAR Deadline August 18, 2015.)

 

 

9.   9:50 a.m.    REAL ESTATE APPRAISER BOARD

 

 

FP 2015-83
Approval

Rule Regarding Responsibility of Supervising Appraisers

(JLCAR Deadline July 27, 2015.)

 

 

10. 10:00 a.m.  INSURANCE DEPARTMENT

 

 

(a)  FP 2015-23
Preliminary Objection

Uniform Reporting System for Health Care Claims Data Sets

(JLCAR Deadline July 20, 2015.)

 

 

(b)  FP 2015-36
Approval with Recommendation

Producers and Adjusters

(JLCAR Deadline July 6, 2015.)

 

 

(c)  FP 2015-52
Conditional Approval

Permitting the Recognition of Preferred Mortality Tables for Use in Determining Minimum Reserve Liabilities

(JLCAR Deadline July 6, 2015.)

 

 

(d)  FP 2015-57
Conditional Approval

Requirements for Accident and Health Insurance Rate Submissions

(JLCAR Deadline July 6, 2015.)

 

 

(e)  FP 2015-60
Approval

Confidentiality of HIV Tests

(JLCAR Deadline July 20, 2015.)

 

 

11. 10:20 a.m.  PUBLIC UTILITIES COMMISSION

 

 

(a)  FP 2015-14
Postponed to 6/26/15 Continued
Meeting

Affiliate Transactions

(JLCAR Deadline July 13, 2015.)

 

 

(b)  FP 2015-46
Postponed to 6/26/15 Continued
Meeting

NH Code for Energy Conservation in New Building Construction

(JLCAR Deadline July 10, 2015.)

 

 

12. 10:25 a.m.  BOARD OF EDUCATION

 

 

FP 2014-188

Conditional Approval with Petition

Curriculum Administrator

(JLCAR Deadline July 17, 2015.)

 

 

13. 10:40 a.m.  DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2015-58
Conditional Approval

Former Division of Public Health Services

Fees for Certificates of Registration, Radioactive Material Licenses, and Other Regulatory Services

(JLCAR Deadline July 20, 2015.)

 

 

(b)  FP 2015-67
Postponed to 6/26/15 Continued
Meeting

Former Division of Human Services

Medicaid Managed Care

(JLCAR Deadline July 20, 2015.)

 

 

(c)  FP 2015-71
Conditional Approval with Petition

Former Division of Public Health Services

Homestead Food Operations and Rabbit and Poultry Exempt Producers

(JLCAR Deadline July 20, 2015.)

 

 

14. 10:50 a.m.  DEPARTMENT OF REVENUE ADMINISTRATION

 

 

(a)  FP 2015-63
Approval

Real Estate Transfer Tax Examples

(JLCAR Deadline July 20, 2015.)

 

 

(b)  FP 2015-65
Approval with Recommendation

Nursing Facility Return Payment

(JLCAR Deadline July 20, 2015.)

 

 

15. 11:10 a.m.  EXECUTIVE BRANCH ETHICS COMMITTEE

 

 

OR 2014-132
Recommendation

Organizational Rules, Practice and Procedure Rules

(No JLCAR Deadline.  The agency has withdrawn the Final Proposal in response to the objection, and no further action is necessary.)

 

 

16. 11:15 a.m.  FISH AND GAME DEPARTMENT

 

 

(a)  FP 2015-31
Approval

Banning Chocolate for Bear Bait

(JLCAR Deadline July 6, 2015.)

 

 

(b)  INT 2015-2
Approval

Importation, Possession, and Use of All Wildlife

(JLCAR Deadline September 2, 2015.  Most of the rules expired June 7, 2015.)

 

 

(c)  Emergency
Rule

Approval

Greater Atlantic Fisheries State-Specific Assistance Program

Document #10846, effective June 5, 2015.

 

 

OTHER BUSINESS

17. 12:00 p.m.