JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

August 20, 2020 - 9:00 a.m.

REMOTE MEETING

Instructions at http://gencourt.state.nh.us/rules/default.htm

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice-Chair

Rep. William A. Hatch, Chair

Sen. Jeanne Dietsch

Rep. Kathleen Hoelzel

Sen. Jay Kahn

Rep. Carol M. McGuire

Sen. Ruth Ward

Rep. Peter B. Schmidt

Sen. David Watters

Rep. Kermit Williams

Sen. Regina Birdsell (Alt.)

Rep. Alan Bershtein (Alt.)

Sen. Shannon Chandley (Alt.)

Rep. Timothy Fontneau (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. David Karrick (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Timothy Lang (Alt.)

Sen. James Gray (Alt.)

Rep. Dianne E. Schuett (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, Remote Meeting Script, 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 2020-61

Approval

DEPARTMENT OF SAFETY

Commissioner

Emergency Communication Rules, Confidentiality of Records

(JLCAR Deadline September 21, 2020.)

 

 

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

 

 

(a) FP 2020-52

Conditional Approval

DEPARTMENT OF SAFETY

Commissioner

Waiver of Personal Appearance by Hearing Examiner During Declared State

of Emergency

(JLCAR Deadline August 31, 2020.)

 

 

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 19, 2020:

 

 

FP 2019-212

DEPARTMENT OF CORRECTIONS

Client Records Management

(Response received July 29, 2020 and confirmed July 30, 2020.)

 

 

FP 2020-19

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Processing of Applications, Eligibility Requirements, Administrative Obligations,

and Temporary Licenses

(Response received August 14, 2020 and confirmed August 14, 2020.)

 

 

FP 2020-42

DEPARTMENT OF EMPLOYMENT SECURITY

Job Training Program

(Response received June 23, 2020 and confirmed July 14, 2020.)

 

 

Conditionally Approved July 16, 2020:

 

 

FP 2019-199

BOARD OF EDUCATION

Special Education Teacher and Early Childhood Special Education Teacher

(Response received August 13, 2020 and confirmed August 18, 2020.)

 

 

FP 2019-204

BOARD OF EDUCATION

Credential Standards for Educational Personnel

(Response received August 13, 2020 and confirmed August 18, 2020.)

 

 

FP 2019-205

BOARD OF EDUCATION

How to Obtain a New Hampshire Educator License

(Response received August 13, 2020 and confirmed August 18, 2020.)

 

 

FP 2019-206

BOARD OF EDUCATION

Requirements for Special Educator Endorsements

(Response received August 13, 2020 and confirmed August 18, 2020.)

 

 

FP 2019-207

BOARD OF EDUCATION

Renewal and Denial of Credentials

(Response received August 13, 2020 and confirmed August 18, 2020.)

 

 

FP 2019-217

DEPARTMENT OF SAFETY

 

Commissioner

Fire and Life Safety Rules

(Response received August 3, 2020 and confirmed August 4, 2020.)

 

 

FP 2020-31

INSURANCE DEPARTMENT

Practices and Procedures

(Response received July 21, 2020 and confirmed July 21, 2020.)

 

 

FP 2020-36

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Operating Standards for Youth Recreation Camps and and Youth Skills Camps

(Response received July 16, 2020 and confirmed July 17, 2020.)

 

 

FP 2020-44

BOARD OF MEDICAL IMAGING AND RADIATION THERAPY

Continued Status

(Response received July 23, 2020 and confirmed July 23, 2020.)

 

 

REGULAR AGENDA

 

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

 

 

7. 9:20 a.m. INSURANCE DEPARTMENT

 

 

FP 2020-48

Approval

Stop Loss Insurance

(JLCAR Deadline August 24, 2020.)

 

8. 9:25 a.m. FISH AND GAME DEPARTMENT

 

 

INT 2020-3

Approval

Chronic Wasting Disease

(JLCAR Deadline November 12, 2020. Most of the former rule expired June 5, 2018.)

 

9. 9:30 a.m. DEPARTMENT OF SAFETY

 

FP 2019-202

Postponed to 9/17/2
Regular Meeting

Commissioner

Road Toll Administration Rules

(JLCAR Deadline August 20, 2020. Some rules were interim rules that expired

June 29, 2020.)

(Formerly Item #11(a) on July 16, 2020 Agenda.)

 

 

10. 9:40 a.m. GOVERNING BOARD OF ATHLETIC TRAINERS

 

 

FP 2020-22

Approval

Requirements for Licensure

(JLCAR Deadline August 20, 2020.)

(Formerly Item #13 on July 16, 2020 Agenda.)

 

 

11. 9:50 a.m. PHARMACY BOARD

 

 

FP 2020-45

Conditional Approval

Biennial Licensing

(JLCAR Deadline August 20, 2020.)

(Formerly Item #15 on July 16, 2020 Agenda.)

 

 

12. 10:00 a.m. BOARD OF DENTAL EXAMINERS

 

 

FP 2020-29

Conditional

Approval

Renewal Requirements and the Health Professions Survey

(JLCAR Deadline August 20, 2020.)

 

 

13. 10:10 a.m. LIQUOR COMMISSION TO BE POSTPONED

 

 

OR 2019-152

Postponed to 9/17/20
Regular Meeting

Liquor Licensing

(JLCAR Deadline October 20, 2020.)

(Response not yet filed. Response due by August 31, 2020.)

 

14. 10:15 a.m. Discussion on Petition Responses:

 

 

(a)    Petition January 17, 2020 to the Board of Accountancy relative to amending Ac 301.04 and Ac 301.05 on initial certification and reciprocity to address JLCAR staff comments regarding the authority under RSA 309-B of the National Association of State Boards of Accountancy (NASBA).

No Further Action

 

(b)   Petition June 19, 2020 to the Board of Chiropractic Examiners relative to amending Ch 200 on practice and procedures and Ch 404.01(f) on continuing education to address the issues as outlined in Committee staff comments to Final Proposal 2020-41.

(Response not yet filed. Response was due by August 10, 2020.)

Postponed to 9/17/20 Regular Meeting

15. 10:30 a.m. Discussion on HB 1245 amendments to RSA 541-A.

No Further Action

 

OTHER BUSINESS

16. 11:00 a.m.