JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JUNE 20, 2014 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Peter B. Schmidt, Vice-Chair

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Bette Lasky

Rep. James R. MacKay

Sen. Jim Rausch

Rep. Carol M. McGuire

Sen. David Watters

Rep. Tara A. Sad

Sen. Peter Bragdon (Alt.)

Rep. Richard W. Barry (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Andy Sanborn (Alt.)

Rep. David H. Kidder (Alt.)

Sen. Nancy Stiles (Alt.)

Rep. Mary S. Nelson (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 2013-136
Approval

BOARD OF TAX AND LAND APPEALS

Organizational Rules for the Board of Tax and Land Appeals

(JLCAR Deadline June 30, 2014.)

 

 

(b) FP 2013-139
Approval

BOARD OF TAX AND LAND APPEALS

Notice of Tax Date, Exemptions from Property Tax, and Filing Fees

(JLCAR Deadline June 30, 2014.)

 

 

(c) FP 2014-34
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Vision Care Services

(JLCAR Deadline July 21, 2014.)

 

 

(d) FP 2014-41
Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Work Registration

(JLCAR Deadline July 21, 2014.)

 

 

(e) FP 2014-42
Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Earning from Self-Employment

(JLCAR Deadline July 21, 2014.)

 

 

(f) FP 2014-43
Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Voluntary Leaving of Incidental Employment

(JLCAR Deadline July 21, 2014.)

 

 

(g) FP 2014-46
Postponed to 7/17/14
Regular Meeting

INSURANCE DEPARTMENT

Suitability in Annuity Transactions

(JLCAR Deadline July 21, 2014.)

 

 

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

 

 

(No Items)

 

 

 

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 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 16, 2014

 

 

FP 2013-179

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Expiring Radiological Health Rules

(Response received 5-21-14 and confirmed 5-21-14.)

 

 

FP 2013-200

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Design Standards for Small Community Public Water Systems

(Response received 5-19-14 and confirmed 5-19-14.)

 

 

FP 2014-25

FISH AND GAME DEPARTMENT

Fish and Game 2014 Wildlife, Possession and Use of Wildlife, and Special Event Rules (Response received 5-22-14 and confirmed 5-22-14.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2014-51
Approval

Former Division of Human Services

Medicaid Care Management

(JLCAR Deadline July 21, 2014.)

 

 

(b) FP 2014-52
Conditional Approval

Former Division of Human Services

Health Insurance Premium Payment (HIPP) Program

(JLCAR Deadline July 21, 2014.)

 

 

(c) FP 2014-53
Approval

Former Division of Human Services

Alternative Benefit Plan

(JLCAR Deadline July 21, 2014.)

 

 

(d) FP 2014-54
Approval

Former Division of Human Services

Service Limits for Psychotherapy Services

(JLCAR Deadline July 21, 2014.)

 

 

(e) FP 2014-55
Approval

Former Division of Human Services

Medicaid Pharmaceutical Services Cost Sharing

(JLCAR Deadline July 21, 2014.)

 

 

(f) INT 2014-4
Postponed to 7/17/14
Regular Meeting

Former Division of Human Services

Substance Abuse Disorder (SUD) Treatment Services

(JLCAR Deadline September 10, 2014. Implements 2014, 3 (SB 413-FN), most of which was effective March 27, 2014.)

 

 

(g) FP 2014-45
Conditional Approval

Commissioner

Therapeutic Cannibis Program Registry Rules

(JLCAR Deadline July 21, 2014.)

 

 

(h) FP 2014-23
Approval

Former Division of Human Services

New Hampshire Lottery Intercept for Collection of Child Support Arrears

(JLCAR Deadline July 21, 2014.)

 

 

(i) FP 2013-210
Approval

Former Division of Human Services

Augmentative and Alternative Communications (AAC) Aid Services

(JLCAR Deadline June 23, 2014.)

 

 

8. 9:45 a.m. DEPARTMENT OF EMPLOYMENT SECURITY

 

 

(a) FP 2014-20
Postponed to 7/17/14
Regular Meeting

Penalty Weeks under RSA 282-A:164

(JLCAR Deadline July 21, 2014.)

 

 

(b) FP 2014-40
Conditional Approval

Employee Leasing

(JLCAR Deadline July 21, 2014. Existing interim rule expires June 30, 2014.)

 

 

9. 10:00 a.m. DEPARTMENT OF SAFETY

 

(a) FP 2013-222
Postponed to 7/17/14
Regular Meeting

Readoption of Marketing, Sales, and Possession of Fireworks Rules

(JLCAR Deadline July 3, 2014.)

 

 

(b) INT 2014-5
Approval

Initial or Vanity Registration Plate Rules

(JLCAR Deadline September 10, 2014. Implements Montenegro vs. New Hampshire Division of Motor Vehicles, No. 2012-624 (decided May 7, 2014).)

 

 

10. 10:30 a.m. BOARD OF TAX AND LAND APPEALS

 

 

(a) FP 2013-137
Approval

Rules of Procedure for the Board of Tax and Land Appeals

(JLCAR Deadline June 30, 2014.)

 

 

(b) FP 2013-138
Approval

Procedural Rules for Specific Types of Appeals

(JLCAR Deadline June 30, 2014.)

 

 

11. 10:45 a.m. DEPARTMENT OF TRANSPORTATION

 

 

FP 2014-24
Conditional Approval

E-Z Pass Electronic and Other Toll Payments

(JLCAR Deadline July 11, 2014.)

 

 

12. 10:50 a.m. DEPARTMENT OF REVENUE ADMINISTRATION TO BE POSTPONED

 

 

(a) FP 2014-16
Postponed to 7/17/14
Regular Meeting

Real Estate Transfer Tax (RETT)

(JLCAR Deadline July 18, 2014.)

 

 

(b) FP 2014-31
Postponed to 7/17/14
Regular Meeting

Lien Procedures, Installment Payment Agreements, and Settlement Agreements

(JLCAR Deadline July 14, 2014.)

 

 

(c) FP 2014-36
Postponed to 7/17/14
Regular Meeting

Financial Accounting for Counties

(JLCAR Deadline July 21, 2014.)

 

 

13. 11:00 a.m. HIGHER EDUCATION COMMISSION

 

 

FP 2014-6
Approval

Scholarships for Orphans of Veterans

(JLCAR Deadline July 17, 2014.)

 

 

14. 11:15 a.m. PHARMACY BOARD

 

 

OR 2013-184
Revised Objection

Mail Order Pharmacy

(JLCAR Deadline July 29, 2014.)

 

 

OTHER BUSINESS

15. 11:30 a.m.