JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

AUGUST 19, 2010 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING *

 

*Room 305 is available as a work room for agencies.

 

Senate Members of JLCAR

House Members of JLCAR

Jacalyn L. Cilley

Maurice L. Pilotte

Martha Fuller Clark

Peter B. Schmidt

Amanda Merrill

Betsey L. Patten

Robert J. Letourneau

Suzanne H. Gottling

Sharon M. Carson

Alida I. Millham

Kathleen G. Sgambati (Alt.)

Laurie J. Boyce (Alt.)

Matthew S. Houde (Alt.)

Kathleen N. Taylor (Alt.)

Betsi DeVries (Alt.)

Kimberley S. Casey (Alt.)

Michael Downing (Alt.)

Tara A. Sad (Alt.)

Peter E. Bragdon (Alt.)

David H. Kidder (Alt.)

 

 

The times and order specified for the agenda and 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 am Convene and Review Minutes

10. 11:15 am OR's 2008-165 & 166 Mhp

2. 9:05 am Disc. on Manual

11. 1:00 pm LUNCH BREAK

 

12. 2:00 pm FPs 2010-23 & 2010-40 Saf-C

Consent Agenda

13. 3:00 pm INT 2010-9 Frl

3. 9:15 am Final Proposals

14. 3:15 pm FP's 2010-64 & 65 Jus

4. 9:20 am Objection Responses

15. 3:45 pm Disc. On ER's Emp

5. 9:25 am Preliminary Objections

16. 4:15 pm OR from 7-15-10 Meeting

 

 

Regular Agenda

Other Business

6. 9:27 am Postpone Items

17. 4:30 pm Other

7. 9:30 am FP 2010-47 & INT 2010-8 Fis

 

8. 10:00 am FP 2010-61 Puc

 

9. 10:15 am INT 2010-10 He-E, FP 2010-10 He-M,
FP 2010-72 He-C, & FP 2010-63 He-W

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal


1. Convene and Review Minutes

 

2. Discussion on amendments to the Drafting and Procedure Manual for Administrative Rules

 

JLCAR Deadlines Noted Below:

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.

 

 

CONSENT AGENDA

 

3. Committee Approval of Final Proposals:

 

 

(a) FP 2010-53

Approval

FISH AND GAME DEPARTMENT

Fish and Game 2011 Fishing Rules

(JLCAR Deadline September 7, 2010.)

 

 

(b) FP 2010-55
Approval

BOARD OF DENTAL EXAMINERS

Dental Assistants, Board Committees, and Dental Radiographs

(JLCAR Deadline September 3, 2010.)

 

 

(c) FP 2010-56
Approval

BOARD OF DENTAL EXAMINERS

Course Approval, Substitute Terms, Anesthesia/Sedation Permits,
Dental Assistants Update Editions

(JLCAR Deadline September 3, 2010.)

 

 

(d) FP 2010-68
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Divison of Human Services

Prenatal and Child/Family Health Care Support Services

(JLCAR Deadline September 20, 2010.)

 

 

(e) FP 2010-71
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Nursing Assistant Training Reimbursement

(JLCAR Deadline September 20, 2010.)

 

 

4. Committee Acceptance of Agency Responses to Objections:

 

 

(a) OR 2010-17

Accepted/Approved

BANKING DEPARTMENT
Fidelity Coverage Requirements

(JLCAR Deadline October 19, 2010.)

See * Below.

 

 

* This rule was conditionally approved on July 15, 2010. The conditional approval converted pursuant to RSA 541-A:13, V(a) into a preliminary objection when the response was filed. Different dates had been selected by the agency as the correct dates for incorporated documents compared with what the JLCAR had conditionally approved. All other issues in the conditional approval have been addressed, and no further bases for objection remain.

 

5. 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 July 15, 2010:

 

 

FP 2010-59

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Food Stamp Employment and Training Program

(Response received 7-20-10 and confirmed 7-21-10.)

 

 

FP 2010-24

BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS

Explanation After Adoption of Rules, License Appplication Procedures, Discliplinary

Matters Including Fines, Continuing Education Standards, and Ethical Standards

(Response not received yet.)

 

 

FP 2010-38

DEPARTMENT OF SAFETY

Display Fireworks Rules

(Response received 7-27-10 and confirmed 7-29-10.)

 

 

FP 2010-17

BANKING DEPARTMENT

Fidelity Coverage Requirements

(Response received 7-23-10. Not confirmed. Conditional approval converted to preliminary objection. See Item #3(a) of 8-19-10 agenda.)

 

 

REGULAR AGENDA

 

6. Consider postponing action on certain items to another meeting.

 

 

7. FISH AND GAME DEPARTMENT

 

 

(a) FP 2010-47

Conditional Approval

Fish and Game Field Trial Rules

(JLCAR Deadline August 26, 2010.)

 

 

(b) INT 2010-8

Approval with Recommendation

Lobster Tail Processing

(JLCAR Deadline October 28, 2010. Interim rule implements 2010-56 (HB 1425), effective July 1, 2010.)

 

 

8. FP 2010-61

Approval

PUBLIC UTILITIES COMMISSION

Competitive Electric Power Supplier and Aggregator Rules

(JLCAR Deadline September 20, 2010. Existing rules will expire September 4, 2010.)

 

 

9. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) INT 2010-10

Conditional Approval

Division of Elderly and Adult Services

Nursing Facilities Services

(JLCAR Deadline November 4, 2010. Existing regular rules expired August 17, 2010.)

 

 

(b) FP 2010-10

Conditional Approval

Former Division of Mental Health and Developmental Services

Certification Standards for Community Residences

(JLCAR Deadline August 30, 2010. Most of the former rules expired April 23, 2010.)

 

 

(c) FP 2010-72

Conditional Approval

Commissioner

Child Care Family Cost Share and Improper Billing

(JLCAR Deadline September 20, 2010. Certain provisions will expire as an emergency rule on August 28, 2010.))

 

 

(d) FP 2010-63

Approval

Former Division of Human Services

Criteria for Exemptions to the 60-Month Lifetime Limit on Receipt of Financial
Assistance to Needy Families (FANF)

(JLCAR Deadline September 13, 2010.)

 

 

10. BOARD OF MENTAL HEALTH PRACTICE

 

 

(a) OR 2008-165

Revised Objection

Practice and Procedure Rules

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

(b) OR 2008-166

Postponed to 9/2/10 Continued Meeting

Licensing Requirements, Ethical and Professional Standards, Investigating Allegations,

Disciplinary Sanctions, Continuing Education Requirements for Licensees

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

11. LUNCH BREAK

 

 

12. DEPARTMENT OF SAFETY

 

(a) FP 2010-23

Postponed to 9/2/10 Continued Meeting

Various Road Toll Administrative Rules

(JLCAR Deadline September 23, 2010.)

 

 

(b) FP 2010-40

Postponed to 9/2/10 Continued Meeting

Emergency Medical Services

(JLCAR Deadline September 20, 2010. Most rules expired May 21, 2010.)

 

 

13. INT 2010-9

Postponed to 9/2/10 Continued Meeting

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

Practice and Procedure

(JLCAR Deadline November 4, 2010. Former rules expired January 1, 2007.)

 

 

14. DEPARTMENT OF JUSTICE

 

 

(a) FP 2010-64

Postponed to 9/2/10 Continued Meeting

Land Sales Full Disclosure Rules

(JLCAR Deadline September 16, 2010. Existing interim rule will expire September 27, 2010.)

 

 

(b) FP 2010-65

Postponed to 9/2/10 Continued Meeting

Condominium Rules

(JLCAR Deadline September 16, 2010. Existing interim rule will expire September 27, 2010.)

 

 

15. Discussion of the following Emergency Rules:

 

 

DEPARTMENT OF EMPLOYMENT SECURITY

 

 

(a) Doc. #9761
Effective 7-26-10

Postponed to 9/2/10 Continued Meeting

Coordination of Emergency Unemployment Compensation

with Regular Compensation

 

 

(b) Doc. #9764
Effective 7-30-10

Postponed to 9/2/10 Continued Meeting

Emergency Unemployment Compensation and the State-Federal

Extended Benefits Program

 

 

16. Response to Preliminary Objection Made In July 15, 2010 Meeting But Not Yet Received by Committee Staff:

 

 

(a) OR 2010-26

Postponed to 9/2/10 Continued Meeting

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Submission of Health Care Facility Financial Data

(JLCAR Deadline October 19, 2010.)

 

 

OTHER BUSINESS

 

17. Other