JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

September 17, 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, Roll Call, 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 2020-67

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Medical and Psychiatric Emergencies

(JLCAR Deadline October 19, 2020.)

 

 

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

 

 

(a)  FP 2020-64

Conditional Approval

INSURANCE DEPARTMENT

Standard Definitions and Policy Provisions—Prohibited Policy Provisions

(JLCAR Deadline October 12, 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 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.)

 

 

Conditionally Approved August 20, 2020:

 

 

FP 2020-29

BOARD OF DENTAL EXAMINERS

Renewal Requirements and Health Professions Survey

(Response received September 2, 2020 and confirmed September 3, 2020.)

 

 

FP 2020-45

PHARMACY BOARD

Biennial Licensing

(Response not yet received.)

 

 

FP 2020-52

DEPARTMENT OF SAFETY

Commissioner

Waiver of Personal Appearance by Hearing Examiner During Declared

State of Emergency

(Response received August 26, 2020 and confirmed August 27, 2020.)

 

 

REGULAR AGENDA

 

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

 

7.   9:20 a.m.    BOARD OF EDUCATION

 

 

FP 2020-34

Preliminary Objection

Robotics Education Fund

(JLCAR Deadline October 8, 2020.)

 

8.   9:25 a.m.    DEPARTMENT OF SAFETY--TO BE POSTPONED; WAIVER NEEDED

 

FP 2019-202

Postponed to 10/15/20
Regular Meeting

Waiver Requested of
JLCAR Deadline

Commissioner

Road Toll Administration Rules

(JLCAR Deadline September 17, 2020.  Some rules were interim rules that

Expired June 29, 2020.)

(Formerly Item #11(a) on July 16, 2020 Agenda and Item #9 on

August 20, 2020 Agenda.)

 

 

9.   9:30 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2020-46

Approval

Wetlands Programs

Wetlands Definitions Clarified

(JLCAR Deadline October 19, 2020.)

 

 

(b)  FP 2020-47

Postponed to 10/15/20
Regular Meeting

Wetlands Programs

Spring 2020 Amendments to Wetlands Rules

(JLCAR Deadline October 19, 2020.)

 

 

(c)  FP 2020-59

Approval

Air-Related Programs

Purpose and Definitions for Subtitle Env-A Relative to Air-Related Programs

(JLCAR Deadline October 19, 2020.)

 

 

(d)  FP 2020-60

Approval

Cross-Program Rules

Non-Confidential Information

(JLCAR Deadline October 19, 2020.)

 

 

10. 10:00 a.m.  DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2020-65

ConditionalApproval

Former Division of Public Health Services

Certification of Other Qualified Services

(JLCAR Deadline October 12, 2020.)

 

 

(b)  FP 2020-57

Postponed to 10/15/20
Regular Meeting

Former Division of Elderly and Adult Services

Nursing Facility Services

(JLCAR Deadline October 15, 2020

 

 

11. 10:15 a.m.  LIQUOR COMMISSION

 

 

OR 2019-152

Accepted/Approved w/Recommendation

Liquor Licensing

(JLCAR Deadline October 20, 2020.)

 

 

12. 10:20 a.m.  NATUROPATHIC BOARD OF EXAMINERS

 

 

FP 2020-51

Approved with Recommendation

Formulary

(JLCAR Deadline October 19, 2020.)

 

13. 10:25 a.m.  Discussion on Petition Response:

 

(a)  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.

No Further Action

 

14. 10:30 a.m.  Discussion on amendments to rulemaking forms and flow chart due to HB 1245 amendments to RSA 541-A. 

Amended Forms and Flow Chart

Approved

 

OTHER BUSINESS

15. 10:40 a.m.