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 |
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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: |
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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. |
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 |
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(a) FP
2017-18 |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Hazardous Waste Programs Hazardous Waste – Inspections/Enforcement (JLCAR
Deadline August 14, 2017.) |
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(b) FP
2017-21 |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Hazardous Waste Programs Hazardous Waste – Land Disposal Restrictions (JLCAR
Deadline August 14, 2017.) |
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(c) FP
2017-54 |
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.) |
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(d) FP
2017-63 |
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.) |
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(e) FP 2017-70 |
BOARD OF REGISTRATION OF MEDICAL TECHNICIANS Qualifications (JLCAR
Deadline August 21, 2017.) |
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(f) INT 2017-14 |
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.) |
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(g) EXP 2017-2 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Commissioner Therapeutic
Cannabis Program - Registry Rules (No JLCAR Deadline.) |
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(h) EXP 2017-3 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Office of Alcohol and Drug Abuse Prevention Access
to Recovery Program (No JLCAR Deadline.) |
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(i) EXP 2017-4 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division for Children, Youth and Families Allocation
and Distribution of Incentive Fund Grants (No JLCAR Deadline). |
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3. 9:10 a.m. Committee
Conditional Approvals: |
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(a) FP 2017-10 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Hazardous Waste Programs Hazardous Waste – Purpose, Applicability,
and Definitions (JLCAR
Deadline August 14, 2017.) |
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(b) FP 2017-11 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Hazardous Waste Programs Hazardous Waste – Procedural Rules (JLCAR Deadline August 14,
2017.) |
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(c) FP 2017-12 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Hazardous Waste Programs Hazardous Waste - Permits (JLCAR
Deadline August 14, 2017.) |
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(d) FP 2017-13 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Hazardous Waste Programs Identification and Listing of Hazardous
Wastes (JLCAR
Deadline August 14, 2017.) |
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(e) FP 2017-14 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Hazardous Waste Programs Hazardous Waste – Requirements for
Generators (JLCAR
Deadline August 14, 2017.) |
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(f) FP 2017-15 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Hazardous Waste Programs Hazardous Waste – Requirements for
Transporters (JLCAR
Deadline August 14, 2017.) |
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(g) FP 2017-16 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Hazardous Waste Programs Hazardous Waste – Requirements for Facility
Owners/Operators (JLCAR
Deadline August 14, 2017.) |
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(h) FP 2017-17 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Hazardous Waste Programs Hazardous Waste – Requirements for Recycling
(JLCAR
Deadline August 14, 2017.) |
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(i) FP 2017-19 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Hazardous Waste Programs Hazardous Waste Cleanup Fund (JLCAR
Deadline August 14, 2017.) |
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(j) FP 2017-20 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Hazardous Waste Programs Hazardous Waste - Universal Waste (JLCAR
Deadline August 14, 2017.) |
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(k) FP 2017-22 |
DEPARTMENT OF SAFETY Commissioner Motor
Carrier of Passengers Rules (JLCAR Deadline July 24, 2017.) |
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(l)
FP 2017-23 |
DEPARTMENT OF SAFETY Carriage of Household Goods by Motor
Vehicles Rules (JlCAR
Deadline July 24, 2017.) |
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(m) FP 2017-30 |
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.) |
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(n)
FP 2017-45 |
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.) |
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4. 9:15 a.m. Committee
Acceptance of Agency Responses to Objections: |
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(No Items) |
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5. 9:16 a.m. Committee
Issuance of Preliminary or Revised Objections to Final Proposals: |
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(No Items) |
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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. |
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Conditionally Approved May 19, 2017: |
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FP 2016-220 |
PHARMACY BOARD Licensing of Limited Retail Drug Distributors (Response received June 28,
2017 and confirmed June 28, 2017.) |
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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.) |
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Conditionally Approved June 16, 2017: |
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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.) |
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FP 2017-47 |
INSURANCE DEPARTMENT Regulation of Third Party Administrators (Response
received June 22, 2017 and confirmed June 22, 2017.) |
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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.) |
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FP 2017-60 |
FIRE
STANDARDS AND TRAINING COMMISSION New
Hampshire Fire Standards and Training Commission Rules (Response not yet received.) |
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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.) |
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REGULAR AGENDA |
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6. 9:18 a.m. Consider
postponing action on certain items to another meeting. |
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7. 9:20
a.m. BANKING DEPARTMENT |
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EXP 2017-5 |
Repeal of Rules Adopted Under RSA 394-A
Granting State-Chartered Financial Institutions Powers of Corresponding
Federally-Chartered Financial Institutions (No
JLCAR Deadline.) |
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8. 9:25
a.m. DEPARTMENT OF HEALTH AND HUMAN
SERVICES |
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FP 2017-79 |
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.) |
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9. 9:45
a.m. DEPARTMENT OF ENVIRONMENTAL
SERVICES |
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FP 2016-246 |
Water Quality and Quantity Programs Alteration of Terrain (JLCAR
Deadline July 20, 2017.) |
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10. 10:00
a.m. Discussion on 2017 amendments to
RSA 541-A and on proposed amendments to rulemaking forms Approval |
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OTHER BUSINESS 11. 10:30
a.m. |
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