JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JUNE 21, 2019 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice-Chair

Rep. William A. Hatch, Chair

Sen. Jeanne Dietsch

Rep. Kathleen Hoelzel

Sen. Dan Feltes

Rep. Carol M. McGuire

Sen. Jay Kahn

Rep. Peter B. Schmidt

Sen. Ruth Ward

Rep. Kermit Williams

Sen. Regina Birdsell (Alt.)

Rep. Timothy Fontneau (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. David Karrick (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Timothy Lang (Alt.)

Sen. James Gray (Alt.)

Rep. Dianne E. Schuett (Alt.)

Sen. David Watters (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.   9:15 a.m.    Committee Approval of Final Proposals:

 

 

(a)  FP 2019-8
Approval

BOARD OF SEPTIC SYSTEM EVALUATORS

Standards of Practice

(JLCAR Deadline July 22, 2019.)

 

 

(b)  FP 2019-19
Approval

GOVERNOR'S COMMISSION ON DISABILITY

Definition of "Person With a Disability"

(JLCAR Deadline July 15, 2019.)

 

 

(c)  FP 2019-20
Approval

GOVERNOR'S COMMISSION ON DISABILITY

Composition of the Commission and Quorum

(JLCAR Deadline July 15, 2019.)

 

 

(d)  FP 2019-22
Approval

GOVERNOR'S COMMISSION ON DISABILITY

Application for Tag and Certificate for Service Dogs

(JLCAR Deadline July 15, 2019.)

 

 

(e)  FP 2019-23
Approval

ARCHITECTURAL BARRIER-FREE DESIGN COMMITTEE OF THE GOVERNOR'S COMMISSION ON DISABILITY

Definition of “Disability”

(JLCAR Deadline July 15, 2019.)

 

 

(f)  FP 2019-24
Approval

ARCHITECTURAL BARRIER-FREE DESIGN COMMITTEE OF THE GOVERNOR'S COMMISSION ON DISABILITY

Description of the Committee Membership, Term, and Quorum

(JLCAR Deadline July 15, 2019.)

 

 

(g)  FP 2019-53
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Medicaid Enhancement Tax

(JLCAR Deadline July 18, 2019.)

 

 

(h)  FP 2019-54
Approval

DEPARTMENT OF SAFETY

Commissioner

Amendment of Standard and Level VI Motor Carrier Rules

(JLCAR Deadline June 24, 2019.)

 

 

(i)  FP 2019-56
Approval

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Produce Safety Farm Inspections

(JLCAR Deadline July 15, 2019.)

 

 

(j)  FP 2019-59
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Amendments to Drinking Water Quality Standards and Monitoring Requirements for Radionuclide Contaminants

(JLCAR Deadline July 18, 2019.)

 

 

(k)  FP 2019-60
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Public Water Systems: Best Available Technology and Treatment Techniques

(JLCAR Deadline July 18, 2019.)

 

 

(l)  FP 2019-62
Approval

BOARD OF NURSING

Nurse-Educator Qualifications

(JLCAR Deadline July 8, 2019.)

 

 

(m)  FP 2019-63
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Service Limits, Co-payments, and Non-covered Services, Physician Services, and Hospital Services

(JLCAR Deadline July 19, 2019.)

 

 

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 April 26, 2019:

 

 

FP 2019-7

BOARD OF SEPTIC SYSTEM EVALUATORS

Procedural Rules

(Response received June 5, 2019 and confirmed June 6, 2019.)

 

 

Conditionally Approved May 3, 2019:

 

 

FP 2018-184

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Wetlands: Definitions, Access to Files

(Response received May 22, 2019 and confirmed May 24, 2019.)

 

 

FP 2018-187

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Wetlands: Delineation and Classification of Jurisdictional Areas, Classification of Projects

(Response received May 22, 2019 and confirmed May 24, 2019.)

 

 

FP 2018-188

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Wetlands: Project-Specific Requirements

(Response received May 22, 2019 and confirmed May 24, 2019.)

 

 

FP 2018-189

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Wetlands: Coastal Lands and Tidal Waters and Wetlands

(Response received May 22, 2019 and confirmed May 23, 2019.)

 

 

FP 2018-190

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Wetlands: Prime Wetlands

(Response received May 22, 2019 and confirmed May 23, 2019.)

 

 

FP 2018-191

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Wetlands: Compensatory Mitigation

(Response received May 22, 2019 and confirmed May 23, 2019.)

 

 

FP 2018-192

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Wetlands: Stream Crossings; Certified Culvert Maintainer Program

(Response received May 22, 2019 and confirmed May 24, 2019.)

 

 

Conditionally Approved May 17, 2019:

 

 

FP 2018-186

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Wetlands: Permits and Other Authorizations, Conditions Applicable to All Work in

Jurisdictional Areas

(Response received May 22, 2019 and confirmed May 23, 2019.)

 

 

FP 2018-209

DEPARTMENT OF CORRECTIONS

Standards for Health, Medical, and Behavioral Health Care in Corrections Facilities

(Response received May 21, 2019 and confirmed May 22, 2019.)

 

 

FP 2018-207

DEPARTMENT OF CORRECTIONS

Formal Complaints and Grievances by Probationers, Parolees, and Residents of Correctional Facilities

(Response received May 21, 2019 and confirmed May 22, 2019.)

 

 

FP 2019-44

INSURANCE DEPARTMENT

Short Term Limited Duration Health Insurance

(Response received May 28, 2019 and confirmed May 29, 2019.)

 

 

FP 2019-49

INSURANCE DEPARTMENT

Requirements for Accident and Health Insurance Rate Submissions

(Response received May 28, 2019 and confirmed May 29, 2019.)

 

 

FP 2019-50

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Non-Emergency Walk-In Care Centers

(Response received May 21, 2019 and confirmed May 22, 2019.)

 

 

INT 2019-14

BOARD OF PODIATRY

Licensure and Renewal Rules

(Response received June 12, 2019 and confirmed June 12, 2019.)

 

 

REGULAR AGENDA

 

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

 

7.   9:20 a.m.    GOVERNOR'S COMMISSION ON DISABILITY

 

 

FP 2019-21
Approval

Public Requests for Information

(JLCAR Deadline July 15, 2019.)

 

 

8.   9:25 a.m.    ARCHITECTURAL BARRIER-FREE DESIGN COMMITTEE OF THE GOVERNOR'S COMMISSION ON DISABILITY

 

 

FP 2019-25
Approval

Public Requests for Information

(JLCAR Deadline July 15, 2019.)

 

 

9.   9:30 a.m.    DEPARTMENT OF LABOR

 

 

FP 2019-51
Conditional Approval

Regulation of Third Party Administrators

(JLCAR Deadline July 18, 2019.  Former rules expired February 25, 2019.)

 

 

10. 9:35 a.m.    GOVERNING BOARD OF PHYSICAL THERAPISTS

 

 

(a)  FP 2019-47
Approval with Recommendation

Requirements for Initial Licensure

(JLCAR Deadline July 5, 2019.)

 

 

(b)  Discussion on fee authority of the Executive Director of the Office of Professional Licensure and Certification pursuant to RSA 310-A:1-d, II(h) and RSA 310-A:1-e, effective July 1, 2018.

Recommendation to OLS Director and OPLC Executive Director

 

 

11. 9:50 a.m.    BOARD OF NURSING

 

 

FP 2019-52
Conditional Approval

Program Coordinator Qualifications

(JLCAR Deadline July 8, 2019.)

 

 

12. 10:00 a.m.  BOARD OF VETERINARY MEDICINE

 

 

INT 2019-15
Postponed to 7/18/19
Regular Meeting

Rules of the Board of Veterinary Medicine

(JLCAR Deadline August 21, 2019.  Former rules expired April 23, 2017.)

 

13. 10:05 a.m.  DEPARTMENT OF NATURAL AND CULTURAL RESOURCES

 

 

INT 2019-16
Approval

Natural Heritage Program Rules

(JLCAR Deadline August 21, 2019.  Former rules expired June 28, 2013 and June 1, 2017.)

 

 

14. 10:10 a.m.  DEPARTMENT OF OF HEALTH AND HUMAN SERVICES

 

 

INT 2019-17
Conditional Approval

Office of Alcohol and Drug Abuse Prevention
Voluntary Registry for Recovery Houses

(JLCAR Deadline September 11, 2019.  Rule implements 2018, 307:2 (HB 1775), effective June 30, 2019.)

 

 

15. 10:30 a.m.  REAL ESTATE APPRAISER BOARD

 

 

OR 2019-39
Approval

Appraisal Management Company Fees

(JLCAR Deadline August 20, 2019.)

(Response due by July 1, 2019 but not yet filed.)

 

 

OTHER BUSINESS

16. 10:40 a.m.