JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JULY 20, 2017 - 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. John Graham

Sen. Dan Feltes

Rep. William A. Hatch

Sen. Harold French

Rep. Rick M. Ladd

Sen. Jay Kahn

Rep. Peter B. Schmidt

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


 

CONSENT AGENDA

 

2. 9:05 a.m. Committee Approval of Final Proposals, Proposed Interim Rules, and Proposed Expedited Repeals:

 

 

(a) FP 2017-18
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Inspections/Enforcement

(JLCAR Deadline August 14, 2017.)

 

 

(b) FP 2017-21
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Land Disposal Restrictions

(JLCAR Deadline August 14, 2017.)

 

 

(c) FP 2017-54
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Business Profits Tax, Definition of Manufacturing, Gross Business Profits of a

Single Member Limited Liability Company, Short Period Tax Returns

(JLCAR Deadline August 21, 2017.)

 

 

(d) FP 2017-63
Approval

REAL ESTATE COMMISSION

Information; Complaint Procedure; Conduct of Adjudicative Hearing; Adjudicative Hearing Decisions; Explanation of Adopted Rules

(JLCAR Deadline August 21, 201. One rule expired July 1, 2016.)

 

 

(e) FP 2017-70
Approval

BOARD OF REGISTRATION OF MEDICAL TECHNICIANS

Qualifications

(JLCAR Deadline August 21, 2017.)

 

 

(f) INT 2017-14
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Birth Conditions Program (BCP)

(JLCAR Deadline October 11, 2017. Rules filed to implement 2017, 43:1 (SB 222), effective May 9, 2017 and adopt former rules, which expired March 9, 2017.)

 

 

(g) EXP 2017-2
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Therapeutic Cannabis Program - Registry Rules

(No JLCAR Deadline.)

 

 

(h) EXP 2017-3
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Office of Alcohol and Drug Abuse Prevention

Access to Recovery Program

(No JLCAR Deadline.)

 

 

(i) EXP 2017-4
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division for Children, Youth and Families

Allocation and Distribution of Incentive Fund Grants

(No JLCAR Deadline).

 

 

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

 

 

(a) FP 2017-10
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Purpose, Applicability, and Definitions

(JLCAR Deadline August 14, 2017.)

 

 

(b) FP 2017-11
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Procedural Rules

(JLCAR Deadline August 14, 2017.)

 

 

(c) FP 2017-12
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste - Permits

(JLCAR Deadline August 14, 2017.)

 

 

(d) FP 2017-13
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Identification and Listing of Hazardous Wastes

(JLCAR Deadline August 14, 2017.)

 

 

(e) FP 2017-14
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Requirements for Generators

(JLCAR Deadline August 14, 2017.)

 

 

(f) FP 2017-15
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Requirements for Transporters

(JLCAR Deadline August 14, 2017.)

 

 

(g) FP 2017-16
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Requirements for Facility Owners/Operators

(JLCAR Deadline August 14, 2017.)

 

 

(h) FP 2017-17
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Requirements for Recycling

(JLCAR Deadline August 14, 2017.)

 

 

(i) FP 2017-19
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Cleanup Fund

(JLCAR Deadline August 14, 2017.)

 

 

(j) FP 2017-20
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste - Universal Waste

(JLCAR Deadline August 14, 2017.)

 

 

(k) FP 2017-22
Conditional Approval

DEPARTMENT OF SAFETY

Commissioner

Motor Carrier of Passengers Rules

(JLCAR Deadline July 24, 2017.)

 

 

(l) FP 2017-23
Conditional Approval

DEPARTMENT OF SAFETY
Commissioner

Carriage of Household Goods by Motor Vehicles Rules

(JlCAR Deadline July 24, 2017.)

 

 

(m) FP 2017-30
Conditional Approval

PUBLIC EMPLOYEE LABOR RELATIONS BOARD

Board Location and Contact Information; Practice and Procedure; Public Employee Labor

Relations, Certifications, Unfair Labor Practices, and Impasse Resolution

(JLCAR Deadline July 21, 2017.)

 

 

(n) FP 2017-45
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Certification of Residential Services or Combined Residential and Community Participation Services Provided in the Family Home

(JLCAR Deadline August 21, 2017.)

 

 

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 19, 2017:

 

 

FP 2016-220

PHARMACY BOARD

Licensing of Limited Retail Drug Distributors

(Response received June 28, 2017 and confirmed June 28, 2017.)

 

 

FP 2016-221

PHARMACY BOARD

Licensing of Outsourcing Facilities Identified as 503B Facilities by the FDA

(Response received June 28, 2017 and confirmed June 28, 2017.)

 

 

Conditionally Approved June 16, 2017:

 

FP 2016-126

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Asset Transfers, Undue Hardship Waiver for Asset Transfer Penalties or for Individuals with Substantial Home Equity, and Real Property Resources in the Medical Assistance Programs

(Response received June 19, 2017 and confirmed June 20, 2017.)

 

 

FP 2017-47

INSURANCE DEPARTMENT

Regulation of Third Party Administrators

(Response received June 22, 2017 and confirmed June 22, 2017.)

 

 

FP 2017-57

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Child Care Provider Enrollment Requirements

(Response received June 23, 2017 and confirmed June 23, 2017.)

 

 

FP 2017-60

FIRE STANDARDS AND TRAINING COMMISSION

New Hampshire Fire Standards and Training Commission Rules

(Response not yet received.)

 

 

FP 2017-64

REAL ESTATE COMMISSION

Licensing Requirements; Continued Status; Ethical Standards; Conduct of Licensees

(Response received June 16, 2017 and confirmed June 16, 2017.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. BANKING DEPARTMENT

 

 

EXP 2017-5
Approval

Repeal of Rules Adopted Under RSA 394-A Granting State-Chartered Financial Institutions Powers of Corresponding Federally-Chartered Financial Institutions

(No JLCAR Deadline.)

 

 

8. 9:25 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

FP 2017-79
Conditional Approval

Former Division of Mental Health and Developmental Services

Secure Psychiatric Unit Transfers

(JLCAR Deadline August 28, 2017. Existing interim rules will expire August 13, 2017.)

 

 

9. 9:45 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2016-246
Conditional Approval

Water Quality and Quantity Programs

Alteration of Terrain

(JLCAR Deadline July 20, 2017.)

 

 

10. 10:00 a.m. Discussion on 2017 amendments to RSA 541-A and on proposed amendments to rulemaking forms

Approval

 

 

OTHER BUSINESS

11. 10:30 a.m.