JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JULY 19, 2012 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

Amanda Merrill, Vice-Chair

Betsey L. Patten, Chair

Fenton Groen

Carol M. McGuire

Molly Kelly

Andrew J. Manuse

Gary Lambert

Maurice L. Pilotte

Raymond White

Peter B. Schmidt

Sharon Carson (Alt.)

Spec Bowers (Alt.)

Lou D'Allesandro (Alt.)

David H. Kidder (Alt.)

James Forsythe (Alt.)

Tara A. Sad (Alt.)

Sylvia Larsen (Alt.)

Kathleen N. Taylor (Alt.)

Nancy Stiles (Alt.)

Steven J. Winter (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


 

CONSENT AGENDA

 

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

 

 

(a) FP 2012-46*

Approval

DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD

Organic Commodities Certification

(JLCAR Deadline August 10, 2012.)

*The only substantive issue is that the agency continued to operate under expired rules as

noted in the fiscal impact statement for the final proposal.

 

 

(b) FP 2012-65

Approval

FISH AND GAME DEPARTMENT

Groundfish Restrictions Atlantic Cod Length and Creel Limits for

Recreational Fishing

(JLCAR Deadline August 13, 2012.)

 

 

(c) FP 2012-70

Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Offset of Refund or Credit

(JLCAR Deadline August 10, 2012.)

 

 

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

 

(a) FP 2012-47

Conditional Approval

DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD

Certification Seal Rules

(JLCAR Deadline July 20, 2012.)

 

 

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:

 

NOTE:

 

The following final proposal, originally filed for the July 19 Committee agenda, was invalid and will be re-filed for the August 16, 2012 agenda.

 

 

FP 2012-52

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Required Documents

 

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 18, 2012:

 

 

FP 2012-4

BOARD OF EDUCATION

Library Media Specialist

(Response received 6-20-12 and confirmed 6-20-12.)

 

 

Conditionally Approved June 1, 2012:

 

 

FP 2012-26

REAL ESTATE COMMISSION

Real Estate Examination and License Fees, Examination Schedule, Broker Education, and Dishonored Checks

(Response received 6-19-12 and confirmed 6-19-12.)

 

 

Conditionally Approved June 15, 2012:

 

 

FP 2012-49

INSURANCE DEPARTMENT

Automobile Insurance

(Response received 6-19-12 and confirmed 6-20-12.)

 

 

FP 2011-176

DEPARTMENT OF JUSTICE

Procedures for Pharmaceutical Drug Collection and Disposal Programs

(Response received 6-22-12 and confirmed 6-22-12.)

 

 

REGULAR AGENDA

 

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

 

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

 

 

FP 2011-161

Preliminary Objection

Employee Leasing Companies

(JLCAR Deadline July 19, 2012.)

(Formerly Item #10 on 6-15-12 agenda.)

 

 

8. 9:40 a.m. DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD

 

 

FP 2012-37

Conditional Approval

Dating Prewrapped Sandwiches

(JLCAR Deadline July 20, 2012.)

 

 

9. 9:45 a.m. BOARD OF PODIATRY

 

 

FP 2012-51

Conditional Approval

Rules Regarding Explanation after Adoption of Rules, Educational and Continuing Educational

Requirements for Licensure, Severance of Connection of Practice, Replacement of Wall

Certificates, and Ethical Guidelines for Podiatrists

(JLCAR Deadline July 30, 2012.)

 

 

10. 10:00 a.m. DEPARTMENT OF TRANSPORTATION

 

 

FP 2012-11

Conditional Approval

Driving While Impaired (DWI)

Victim Fatality Sign Program

(JLCAR Deadline August 13, 2012.)

 

 

11. 10:20 a.m. PHARMACY BOARD

 

 

FP 2012-16

Conditional Approval

Pharmacist Administration of Vaccines

(JLCAR Deadline August 20, 2012.)

 

 

12. 10:40 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2012-72

Conditional Approval

Commissioner

Children Left at Hospitals and Safe Havens

(JLCAR Deadline August 17, 2012.)

 

 

(b) FP 2012-54

Postponed to 8/16/12 Regular Meeting

Division of Elderly and Adult Services

Adult Protective Services Program

(JLCAR Deadline August 13, 2012.)

 

 

(c) FP 2012-71

Preliminary

Objection

Division of Elderly and Adult Services

Bureau of Elderly and Adult Services State Registry

(JLCAR Deadline August 17, 2012.)

 

 

(d) FP 2012-59

Postponed to 8/16/12 Regular Meeting

Former Division of Human Services

Expiring Rules Related to Electronic Funds Transfer and Paper Checks

(JLCAR Deadline August 13, 2012.)

 

 

(e) FP 2012-66

Approval

Former Division of Human Services

Elimination of the Unemployed Parent (UP) Cash Assistance Program

(JLCAR Deadline August 13, 2012.)

 

 

OTHER BUSINESS

13. 1:00 p.m. Other