JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

AUGUST 21, 2014 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

Senate Members of JLCAR	House Members of JLCAR
Sen. John Reagan, Chair	Rep. Peter B. Schmidt, Vice-Chair
Sen. Sam Cataldo	Rep. Rick M. Ladd
Sen. Bette Lasky	Rep. James R. MacKay
Sen. Jim Rausch	Rep. Carol M. McGuire
Sen. David Watters	Rep. Tara A. Sad
Sen. Peter Bragdon (Alt.)	Rep. Richard W. Barry (Alt.)
Sen. Martha Fuller Clark (Alt.)	Rep. Suzanne H. Gottling (Alt.)
Sen. Lou D'Allesandro (Alt.)	Rep. William A. Hatch (Alt.)
Sen. Andy Sanborn (Alt.)	Rep. David H. Kidder (Alt.)
Sen. Nancy Stiles (Alt.)	Rep. Mary S. Nelson (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 and Proposed Interim Rules:
(a) FP 2014-37* Approval	NH LOTTERY COMMISSION Rules of Practice and Procedure (JLCAR Deadline September 8, 2014.) *(The only substantive issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.)
(b) FP 2014-47 Approval	REAL ESTATE APPRAISER BOARD Real Estate Appraiser Board Rules Regarding Responsibility of Supervising Appraisers (JLCAR Deadline August 25, 2014.)
(c) FP 2014-57 Approval	HEALTH SERVICES PLANNING AND REVIEW BOARD Organizational Rules (JLCAR Deadline September 19, 2014.)
(d) FP 2014-59 Approval	DEPARTMENT OF REVENUE ADMINISTRATION Railroad and Private Rail Car Company Taxation (JLCAR Deadline September 22, 2014.)
(e) FP 2014-69 Approval	BOARD OF EDUCATION Requirements for Initial Certification (JLCAR Deadline September 8, 2014.)
(f) FP 2014-73 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Scheduling of Substances (JLCAR Deadline September 8, 2014.)
(g) FP 2014-75 Approval	GOVERNING BOARD OF GENETIC COUNSELORS Ethical Standards (JLCAR Deadline September 19, 2014.)
3. 9:10 a.m. Committee Conditional Approvals:
(No Items)
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:
(a) FP 2014-79 Preliminary Objection	BOARD OF DENTAL EXAMINERS Licensure by Examination; Organization of Board; and Complaints of Licensee Misconduct (JLCAR Deadline September 2, 2014.)
(b) FP 2014-80 Preliminary Objection	BOARD OF DENTAL EXAMINERS Licensure Applications; EFDA Qualifications; Jurisprudence Exam; Anesthesia/Sedation (JLCAR Deadline September 2, 2014.)
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 17, 2014
INT 2014-4	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Substance Abuse Disorder (SUD) Treatment Services (Response received 7-18-14 and confirmed 7-18-14.)
FP 2014-36	DEPARTMENT OF REVENUE ADMINISTRATION Financial Accounting for Counties (Response received 7-23-14 and confirmed 7-23-14.)
FP 2014-26	BOARD OF EDUCATION Duties of Superintendents, School Boards, Principals, School Health Services, and Dropout Prevention (Response received 7-24-14 and confirmed 7-24-14.)
REGULAR AGENDA
6. 9:18 a.m. Consider postponing action on certain items to another meeting.
7. 9:20 a.m. DEPARTMENT OF REVENUE ADMINISTRATION
(a) FP 2014-16 Conditional Approval with Understanding	Real Estate Transfer Tax (RETT) (JLCAR Deadline August 21, 2014.) (Formerly Item #12(a) on 6-20-14 agenda and Item #9(a) on 7-17-14 agenda.)
(b) FP 2014-31 Postponed to 9/18/14 Regular Meeting	Lien Procedures, Installment Payment Agreements, and Settlement Agreements (JLCAR Deadline September 18, 2014.) (Formerly Item #12(b) on 6-20-14 agenda and Item #9(b) on 7-17-14 agenda.)
(c) FP 2014-61 Conditional Approval	Taxation of Wood or Timber Cut (JLCAR Deadline September 22, 2014.)
8. 9:25 a.m. DEPARTMENT OF EMPLOYMENT SECURITY – WAIVER OF DEADLINE PENDING
FP 2014-20 Postponed to 9/18/14 Regular Meeting	Penalty Weeks under RSA 282-A:164 (JLCAR Deadline August 21, 2014.) (Formerly Item #8(a) on 6-20-14 agenda and Item #10 on 7-17-14 agenda.)
9. 9:30 a.m. PHARMACY BOARD
(a) FP 2014-66 Preliminary Objection	Pharmacy Technicians (JLCAR Deadline August 25, 2014.)
(b) FP 2014-67 Preliminary Objection	Pharmacy Interns (JLCAR Deadline August 25, 2014.)
10. 9:35 a.m. GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS
(a) FP 2014-48 Conditional Approval	Initial Application Form, Documents Required for Full, Conditional, and Provisional Licensure, and Practice Under a Provisional License (JLCAR Deadline August 25, 2014.)
(b) FP 2014-49 Conditional Approval	Procedure for Not Renewing a License, License Renewal Procedure, Renewal Application Form, Maintenance of Continuing Competence, Audit Procedures, Reinstatement of Licenses, and Administrative Obligations of Licensees (JLCAR Deadline August 25, 2014.)
(c) FP 2014-50 Conditional Approval	Eligibility for Initial Certification of Speech-language Assts, Application Procedures, Renewal of Certification, Non-compliance of Continuing Competence, Reinstatement & Supporting Materials of Certifications, & Admin. Obligations of Certificate Holders (JLCAR Deadline August 25, 2014.)
11. 10:00 a.m. GOVERNING BOARD OF GENETIC COUNSELORS
(a) FP 2014-64 Conditional Approval	Initial Licensure and Provisional Licensure (JLCAR Deadline September 4, 2014.)
(b) FP 2014-65 Conditional Approval	Continued Status of Licensees (JLCAR Deadline September 19, 2014.)
12. 10:10 a.m. GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS
(a) OR 2014-27 Approval with Recommendation	Material Management (JLCAR Deadline October 22, 2014.)
(b) OR 2014-28 Approval	Polysomnographic Technologist Limited Scope of Practice and Polysomnographic Trainee (JLCAR Deadline October 22, 2014.)
13. 10:15 a.m. NH LOTTERY COMMISSION
(a) FP 2014-38 Preliminary Objection	Rules for Sales Agents (JLCAR Deadline September 8, 2014.)
(b) FP 2014-39 Conditional Approval	Rules for Prize Claims (JLCAR Deadline September 8, 2014.)
14. 10:30 a.m. DEPARTMENT OF SAFETY
FP 2013-222 Postponed to 9/18/14 Regular Meeting	Commissioner Readoption of Marketing, Sales, and Possession of Fireworks Rules (JLCAR Deadline September 18, 2014.) (Formerly Item #9(a) on 6-20-14 agenda and Item #16 on 7-17-14 agenda.)
OTHER BUSINESS 15. 10:45 a.m.