JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

SEPTEMBER 16, 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

8. 9:30 am INT 2010-14 Fis

 

9. 10:00 am FP's 2010-58 & 37 Ed

Consent Agenda

10. 11:00 am FP 2010-67 Ins

2. 9:05 am Final Proposals

11. 12:00 pm LUNCH BREAK

3. 9:10 am Objection Responses

12. 1:00 pm FP 2010-67 Ins (Item #10 continued)

4. 9:12 am Preliminary Objections

13. 3:00 pm FP 2010-79 Fis

 

14. 3:30 pm FP's 2010-77 Env-Wq & 2010-81 Env-A

Regular Agenda

15. 4:00 pm ROR's from 8-19-10 & 9-2-10 Meetings

5. 9:13 am Postpone Items

 

6. 9:15 am INT 2010-11 Rev

Other Business

7. 9:20 am INT 2010-12 He-M

16. 6:30 pm Other

 

 

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

 

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

 

2. Committee Approval of Final Proposals and Proposed Interim Rules:

 

 

(a) FP 2010-62

Approval

PUBLIC UTILITIES COMMISSION

Competitive Natural Gas Supplier and Aggregator Rules

(JLCAR Deadline October 18, 2010.)

 

 

(b) FP 2010-74

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Revisions to Statewide Air Permit System

(JLCAR Deadline October 15, 2010.)

 

 

(c) FP 2010-75

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Amendments Relating to Permit-By-Notification; Determination of Actual Emissions for Use in Calculating Emission-Based Fee

(JLCAR Deadline October 15, 2010.)

 

 

(d) FP 2010-76

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Sand and Gravel Sources; Non-Metallic Mineral Processing Plants; Cement & Concrete Sources

(JLCAR Deadline October 15, 2010.)

 

 

(e) FP 2010-83

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Telephone Redeterminations

(JLCAR Deadline October 11, 2010.)

 

 

(f) FP 2010-85

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Personal Interview Requirements in the Adult Categories of Financial and Medical Assistance and the Requirements for Excluding Certain Income in the Food Stamp Program

(JLCAR Deadline October 11, 2010.)

 

 

(g) FP 2010-86

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Personal Needs Allowance

(JLCAR Deadline October 11, 2010.)

 

 

(h) FP 2010-88

Approval

BOARD OF REGISTRATION IN OPTOMETRY

Application for TPA Certification and Approved Continuing Education for Optometrists

(JLCAR Deadline October 15, 2010.)

 

 

(i) INT 2010-13

Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Successive Benefit Year Earnings Requirement

(JLCAR Deadline December 2, 2010. Existing rules will expire September 27, 2010.)

 

 

3. Committee Acceptance of Agency Responses to Objections:

 

 

(No Items)

 

 

 

4. 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 2010-24

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.)

 

 

Conditionally Approved August 19, 2010:

 

 

FP 2010-47

FISH AND GAME DEPARTMENT

Fish and Game Field Trial Rules

(Response received 8-25-10 and confirmed 8-25-10.)

 

 

INT 2010-10

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Eldery and Adult Services

Nursing Facilities Services

(Response received 8-25-10 and confirmed 8-25-10.)

 

 

FP 2010-10

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Certification Standards for Community Residences

(Response received 8-25-10 and confirmed 8-25-10.)

 

 

FP 2010-72

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Child Care Family Cost Share and Improper Billing

(Response received 8-24-10 and confirmed 8-24-10.)

 

 

Conditionally Approved September 2, 2010:

 

 

FP 2010-23

DEPARTMENT OF SAFETY

Various Road Toll Administrative Rules

(Response received 9-8-10 and confirmed 9-8-10.)

 

 

FP 2010-64

DEPARTMENT OF JUSTICE

Land Sales Full Disclosure Rules

(Response received 9-3-10 and confirmed 9-7-10.)

 

 

FP 2010-65

DEPARTMENT OF JUSTICE

Condominium Rules

(Response received 9-3-10 and confirmed 9-7-10.)

 

 

REGULAR AGENDA

 

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

 

 

6. INT 2010-11

Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Medicaid Enhancement Tax (MET)

(JLCAR Deadline December 2, 2010. Most existing rules expired August 17, 2010. Amendment to existing rule Rev 2303.01(a) implements Chapter 1:12 of Laws of 2010, effective July 1, 2010.)

 

 

7. INT 2010-12

Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Certification Standards for Behavioral Health Community Residences

(JLCAR Deadline December 2, 2010. Existing rules will expire September 26, 2010.)

 

 

8. INT 2010-14

Conditional Approval

FISH AND GAME DEPARTMENT

Commercial Fisherman Sustainability

(JLCAR Deadline December 2, 2010.)

 

 

9. BOARD OF EDUCATION

 

 

(a) FP 2010-58

Approval

Endorsement for Reading and Writing Teacher

(JLCAR Deadline September 27, 2010.)

 

 

(b) FP 2010-37

Conditional Approval

Definitions and Parental Consent

(JLCAR Deadline September 27, 2010.)

 

 

10. FP 2010-67

Recessed to 9/24/10 Continued Meeting 12:00 Noon

INSURANCE DEPARTMENT

New Hampshire Medical Malpractice Joint Underwriting Plan

(JLCAR Deadline October18, 2010.)

 

 

11. LUNCH BREAK

 

 

12. FP 2010-67

Recessed to 9/24/10 Continued Meeting 12:00 Noon

INSURANCE DEPARTMENT

New Hampshire Medical Malpractice Joint Underwriting Plan

(JLCAR Deadline October18, 2010.)

 

 

NOTE: This is a continuation of the discussion of Item #10 above.

 

 

13. FP 2010-79

Postponed to 10/7/10 Continued Meeting

FISH AND GAME DEPARTMENT

Fish and Game Licenses and Permits; Hunt of a Lifetime Exception

(JLCAR Deadline October 11, 2010.)

 

 

14. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) FP 2010-77

Postponed to 10/7/10 Continued Meeting

Water Quality and Quantity Programs

Winnipesaukee River Basin Program Rules

(JLCAR Deadline October 18, 2010.)

 

 

(b) FP 2010-81

Postponed to 10/7/10 Continued Meeting

Air Related Programs

Nitrogen Oxides (NOx) Reasonably Available Control Technology (RACT)

(JLCAR Deadline October 18, 2010.)

 

 

15. Response to Revised Objections Made In August 19, 2010 and September 2, 2010 Meetings But Not Yet Received by Committee Staff:

 

 

(a) ROR 2008-165

Postponed to 10/7/10 Continued Meeting

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(JLCAR Deadline November 23, 2010.)

 

 

(b) ROR 2008-166

Postponed to 10/7/10 Continued Meeting

BOARD OF MENTAL HEALTH PRACTICE

Licensing Requirements, Ethical and Professional Standards, Investigating Allegations,

Disciplinary Sanctions, Continuing Education Requirements for Licensees

(JLCAR Deadline December 7, 2010.)

 

 

OTHER BUSINESS

 

16. Other