JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JULY 19, 2018 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice Chair

Sen. Kevin Avard

Rep. William A. Hatch

Sen. Dan Feltes

Rep. Timothy Lang

Sen. Harold French

Rep. Peter B. Schmidt

Sen. Jay Kahn

Rep. Terry M. Wolf

Sen. Martha Fuller Clark (Alt.)

Rep. Karen Ebel (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. William Gannon (Alt.)

Rep. Carolyn Matthews (Alt.)

Sen. Dan Innis (Alt.)

Rep. Bill Ohm (Alt.)

Sen. Ruth Ward (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. 9:05 a.m. Committee Approval of Final Proposals:

 

 

(a) FP 2018-6
Approval

 

REAL ESTATE APPRAISER BOARD

Organizational Rules; Practice and Procedure Rules

(JLCAR Deadline July 30, 2018.)

 

 

(b) FP 2018-14
Approval

BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

Public Information; Complaints of Licensee Misconduct; Waivers; Complaints and Investigations; Explanation of Adopted Rules

(JLCAR Deadline July 30, 2018.)

 

 

(c) FP 2018-25
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs
Privately Owned Redistribution Systems

(JLCAR Deadline August 6, 2018.)

 

 

(d) FP 2018-30
Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Records and Reports

(JLCAR Deadline August 13, 2018. Existing interim rules will expire August 15, 2018.)

 

 

(e) FP 2018-31
Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Payments and Electronic Communications

(JLCAR Deadline August 13, 2018. Existing interim rules will expire August 15, 2018.)

 

 

(f) FP 2018-32
Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Claimant Requirements

(JLCAR Deadline August 13, 2018. Most existing rules will expire August 15, 2018 as interim rules.)

 

 

(g) FP 2018-52
Approval

BOARD OF EDUCATION

Basic Academic Skills and Subject Area Assessment

(JLCAR Deadline August 3, 2018.)

 

 

(h) FP 2018-53
Approval

BOARD OF EDUCATION

Math Teacher Certification

(JLCAR Deadline August 3, 2018.)

 

 

(i) FP 2018-67
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Definition of "emergency generator"

(JLCAR Deadline August 13, 2018.)

 

 

(j) FP 2018-68
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

NOx RACT Rules

(JLCAR Deadline August 13, 2018.)

 

 

(k) FP 2018-75
Approval

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Seeds

(JLCAR Deadline August 2, 2018. Existing interim rules will expire July 25, 2018.)

 

 

(l) FP 2018-76
Approval

INSURANCE DEPARTMENT

Long-Term Care Insurance, Filing Requirements for Advertising

(JLCAR Deadline July 23, 2018.)

 

 

(m) FP 2018-78
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Child Support Disbursement Rules

(JLCAR Deadline August 13, 2018.)

 

 

(n) FP 2018-89
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Stream Crossing Rules Scheduled to Expire May 12, 2018

(JLCAR Deadline August 13, 2018. Existing rules did not expire but have been extended pursuant to RSA 541-A:14-a.)

 

 

(o) FP 2018-95
Approval

STATE BUILDING CODE REVIEW BOARD

Various Building Code Review Board Practice and Procedure Rules

(JLCAR Deadline August 13, 2018.)

 

 

(p) FP 2018-99
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Date of Incorporated Federal Regulations

(JLCAR Deadline August 20, 2018.)

 

 

(q) FP 2018-101
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

HIV/AIDS NH CARE Program and Tuberculosis Patient Care Financial Assistance Program

(JLCAR Deadline August 13, 2018.)

 

 

(r) FP 2018-102
Approval

DEPARTMENT OF SAFETY

Various Initial or Vanity Registration Plate Rules

(JLCAR Deadline August 20, 2018.)

 

 

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

 

 

(a) FP 2018-15
Conditional Approval

BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

Registration of Licensing Requirements; Renewal Forms; Violation Points for a Shop and/or Licensee; Ethical Standards; Tanning Owner Requirements

(JLCAR Deadline July 30, 2018.)

 

 

(b) FP 2018-79
Conditional Approval

INSURANCE DEPARTMENT

Ancillary Health Minimum Standards for Benefits

(JLCAR Deadline August 17, 2018.)

 

 

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 not previously reported 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, 2018

 

 

FP 2018-12

N.H. RETIREMENT SYSTEM

Annual Report of Gainful Occupation

(Response received June 14, 2018 and confirmed June 18, 2018.)

 

 

FP 2018-23

BOARD OF EDUCATION

Special Education Aid

(Response received June 13, 2018 and confirmed June 14, 2018.)

 

 

Conditionally Approved June 15, 2018

 

 

FP 2017-163

PUBLIC UTILITIES COMMISSION

Utility Pole Attachment Rules

(Response received June 25, 2018 and confirmed June 25, 2018.)

 

 

FP 2018-50

INSURANCE DEPARTMENT

Health and Dental Benefit Plan Network Adequacy

(Response received June 21, 2018 and confirmed June 22, 2018.)

 

 

FP 2018-65

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Nursing Facility Reimbursement Methodology for Determining the Per Diem Rate

(Response received June 25, 2018 and confirmed June 26, 2018.)

 

 

FP 2018-77

DEPARTMENT OF SAFETY

Commissioner

Rules for Breath Alcohol Procedures Using the Intoxilyzer 9000 Instrument

(Response received June 20, 2018 and confirmed June 21, 2018.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. FISH AND GAME DEPARTMENT

 

 

(a) OR 2018-33
Accepted/Approved

Off Highway Recreation Vehicles and Snowmobiles

(JLCAR Deadline September 18, 2018.)

 

 

(b) OR 2018-39
Accepted/Approved

Wildlife Seasons Biennial Rulemaking

(JLCAR Deadline September 18, 2018.)

 

 

8. 9:40 a.m. INSURANCE DEPARTMENT

 

(a) FP 2018-73
Conditional Approval

Insurance Scores

(JLCAR Deadline July 23, 2018.)

 

 

(b) FP 2018-86|
Approval

Corporate Governance Annual Disclosure

(JLCAR Deadline July 30, 2018.)

 

 

9. 9:45 a.m. REAL ESTATE APPRAISER BOARD

 

 

FP 2018-7
Conditional Approval

Apprentice Classification, Certificate and License Requirements; Continued Status

(JLCAR Deadline July 30, 2018.)

 

 

10. 9:50 a.m. BOARD OF MEDICAL IMAGING AND RADIATION THERAPY

 

 

(a) FP 2018-9
Conditional Approval

Requirements for Licensure

(JLCAR Deadline August 6, 2018.)

 

 

(b) FP 2018-10
Conditional Approval

Ethical Standards and Scope of Practice

(JLCAR Deadline August 6, 2018.)

 

 

11. 10:00 a.m. BOARD OF MENTAL HEALTH PRACTICE

 

 

FP 2018-57
Approval

Licensee Renewal Requirements

(JLCAR Deadline August 17, 2018.)

 

 

12. 10:05 a.m. BOARD OF ACUPUNCTURE LICENSING

 

 

FP 2018-61
Conditional Approval with Recommendation

Acupuncture Detoxification Specialists

(JLCAR Deadline August 17, 2018.)

 

 

13. 10:20 a.m. BOARD OF NURSING

 

 

FP 2018-97
Conditional Approval

Specific Renewal Requirements for an APRN

(JLCAR Deadline August 17, 2018.)

 

 

14. 10:30 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) INT 2018-16
Approval with Understanding

Commissioner

Certification Payment Standards for Transportation Service Providers

(JLCAR Deadline October 10, 2018. Former rules expired March 1, 2017.)

 

 

(b) INT 2018-17
Approval with Understanding

Commissioner

Assessment and Evaluation of Persons Eligible for Involuntary Civil Commitment as Sexually Violent Predators

(JLCAR Deadline October 10, 2018. Former rules expired June 30, 2015.)

 

 

(c) FP 2017-162
Conditional Approval

Commissioner

Therapeutic Cannabis Program - Alternative Treatment Centers

(JLCAR Deadline August 20, 2018.)

 

 

15. 10:45 a.m. DEPARTMENT OF SAFETY

 

 

FP 2018-40
Conditional Approval

Unified Carrier Registration Agreement Rules

(JLCAR Deadline August 9, 2018.)

 

 

OTHER BUSINESS

16. 11:00 a.m.