JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JULY 21, 2016 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice Chair

Rep. Carol M. McGuire, Chair

Sen. Kevin Avard

Rep. David H. Kidder

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Dan Feltes

Rep. Tara A. Sad

Sen. David Watters

Rep. Peter B. Schmidt

Sen. Regina Birdsell (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. John Sytek (Alt.)

Sen. Gary Daniels (Alt.)

(Alt.)

Sen. Nancy Stiles (Alt.)

(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

EXRF - Expedited Revision to Form


 

CONSENT AGENDA

 

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

 

 

(a) FP 2016-8
Approval

BOARD OF LICENSURE FOR LAND SURVEYORS

Rules Regarding Office Hours and Records of Board Actions

(JLCAR Deadline July 29, 2015. Former rules expired July 1, 2016 and July 1, 2009.)

 

 

(b) FP 2016-9
Approval

BOARD OF LICENSURE FOR LAND SURVEYORS

Rules Regarding Explanation After Adoption

(JLCAR Deadline July 29, 2016.)

 

 

(c) FP 2016-11
Approval

BOARD OF EDUCATION

Special Education Categoricals

(JLCAR Deadline July 21, 2016.)

 

 

(d) FP 2016-16
Approval

PASSENGER TRAMWAY SAFETY BOARD

Chair Lift Hanger Inspection Requirements

(JLCAR Deadline August 15, 2016. Former emergency rule expired December 27, 2015.)

 

 

(e) FP 2016-23
Approval

BOARD OF EDUCATION

Comprehensive Family and Consumer Science

(JLCAR Deadline July 21, 2016. Former rules expired December 27, 2012.)

 

 

(f) FP 2016-29
Approval

BOARD OF NURSING

Organizational Rules

(JLCAR Deadline August 15, 2016.)

 

 

(g) FP 2016-41
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Capacity Assurance for Certain Public Water Systems

(JLCAR Deadline July 25, 2016.)

 

 

(h) FP 2016-48
Approval

PEASE DEVELOPMENT AUTHORITY

Use of Assist Tugs; River Pilots Drug Testing and Medical Certifications

(JLCAR Deadline August 8, 2016.)

 

 

(i) FP 2016-49
Approval

PEASE DEVELOPMENT AUTHORITY

Types of Mooring Permits; Transfer of Mooring Permits and Wait List Slots

(JLCAR Deadline August 8, 2016.)

 

 

(j) FP 2016-68
Approval

INSURANCE DEPARTMENT

Electronic Filings

(JLCAR Deadline August 15, 2016.)

 

 

(k) FP 2016-69
Approval

INSURANCE DEPARTMENT

Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values

(JLCAR Dedline August 15, 2016.)

 

 

(l) FP 2016-73
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Voluntary Disclosure Program

(JLCAR Deadline August 22, 2016.)

 

 

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

 

 

(a) FP 2016-14
Conditional Approval

DEPARTMENT OF SAFETY

Readoption of Bungee Jumping Rules

(JLCAR Deadline August 19, 2016.)

 

 

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 June 17, 2016:

 

 

FP 2016-31

BOARD OF NURSING

Nursing Education Program Approval

(Response received June 30, 2016 and confirmed July 5, 2016.)

 

 

FP 2016-42

BOARD OF NURSING

Continuing Education for Nursing Assistants

(Response received June 30, 2016 and confirmed July 5, 2016.)

 

 

FP 2016-36

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Continued Status

(Response received July 8, 2016 and confirmed July 12, 2016.)

 

 

FP 2016-56

DEPARTMENT OF HEALTH AND HUMAN SERIVCES

Former Division of Human Services

Expiring Rules Related to Personal Property Resources in the Cash and Medical Assistance Programs, and Required Verifications and Eligibility Certification Periods in the Food Stamp Program

(Response received June 21, 2016 and confirmed June 22, 2016.)

 

 

FP 2015-152

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Home Health Services

(Response received June 21, 2016 and confirmed June 22, 2016.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. ASSESSING STANDARDS BOARD

 

 

INT 2016-17
Conditional Approval

Explanation of Adoption of Rules and Conduct of Public Forums

(JLCAR Deadline October 12, 2016. Former rules expired March 31, 2011 and July 28, 2013.)

 

 

8. 9:25 a.m. BOARD OF PSYCHOLOGISTS

 

 

FP 2016-2
Postponed to 8/18/16
Regular Meeting

Organizational Rules, Practice and Procedure, License and Registration Requirements,

Applications and Fees, Continued Status, Ethical Standards, Responsibilities of Psychologists, and Professional Misconduct

(JLCAR Deadline July 28, 2016.)

 

9. 9:45 a.m. BOARD OF LICENSURE FOR LAND SURVEYORS

 

 

FP 2016-10
Conditional Approval

Rules Regarding Licensure Requirements; Disciplinary Matters, Continued Status, Ethical Standards and Research Standards

(JLCAR Deadline July 29, 2016.)

 

 

10. 9:50 a.m. PUBLIC EMPLOYEE LABOR RELATIONS BOARD

 

 

FP 2016-3
Approval with Understanding

Election of Exclusive Representative, Additional Criteria for Determining Appropirate Bargaining Units

(JLCAR Deadline August 8, 2016.)

 

 

11. 10:00 a.m. PEASE DEVELOPMENT AUTHORITY

 

 

FP 2016-50
Conditional Approval

Business-Use Piers Restrictions and Emergency Use; Commercial Piers General

Restrictions and Limitations

(JLCAR Deadline August 8, 2016.)

 

 

12. 10:05 a.m. INSURANCE DEPARTMENT

 

 

FP 2016-63
Conditional Approval

Stop Loss Insurance

(JLCAR Deadline August 19, 2016.)

 

 

13. 10:10 a.m. SITE EVALUATION COMMITTEE

 

(a) FP 2016-77
Approval

High Pressure Natural Gas Pipeline Definitions

(JLCAR Deadline August 22, 2016. Agency deadline to adopt rules pursuant to
RSA 162-H:10-b, III is July 20, 2016.)

 

 

(b) FP 2016-78
Approval

Enforcement and High Pressure Natural Gas Pipeline Amendments

(JLCAR Deadline August 22, 2016. Agency deadline to adopt rules pursuant to
RSA 162-H:10-b, III is July 20, 2016.)

 

 

14. 10:30 a.m. Hearing and Discussion on proposed amendments to the Drafting and Procedure Manual for Administrative Rules due to 2016 legislation.

Approval effective 7/21/16

 

 

OTHER BUSINESS

15. 11:00 a.m.