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.