JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

SEPTEMBER 18, 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:

 

 

(a) FP 2014-30
Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Fees for Claimants, Destruction of Records, and Various Employer, Administration and Claimant Requirements

(JLCAR Deadline October 13, 2014.)

 

 

(b) FP 2014-62
Approval

BOARD OF LICENSED DIETICIANS

Request for Explanation of Adopted Rules

(JLCAR Deadline October 13, 2014.)

 

 

(c) FP 2014-83
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Financial Accounting for Village Districts

(JLCAR Deadline October 20, 2014.)

 

 

(d) FP 2014-93
Approval

FISH AND GAME DEPARTMENT

Freshwater Fishing Rules (Salmon, misc.)

(JLCAR Deadline September 29, 2014.)

 

 

(e) FP 2014-97
Approval

BOARD OF LANDSCAPE ARCHITECTS

Rules Regarding Explanation After Adoption

(JLCAR Deadline September 29, 2014.)

 

 

(f) FP 2014-98
Approval

BOARD OF LANDSCAPE ARCHITECTS

Rules Regarding Application and Qualifications for Licensure, Fees, Renewals, Continuing Education, and Ethical Standards

(JLCAR Deadline September 29, 2014.)

 

 

(g) FP 2014-112
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Sevices

Distribution of Support Payments

(JLCAR Deadline October 20, 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:

 

(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 August 21, 2014

 

 

FP 2014-16

DEPARTMENT OF REVENUE ADMINISTRATION

Real Estate Transfer Tax (RETT)

(JLCAR Deadline August 21, 2014.)

(Response received 8-27-14 and confirmed 8-28-14.)

 

 

FP 2014-61

DEPARTMENT OF REVENUE ADMINISTRATION

Taxation of Wood or Timber Cut

(Response received 8-26-14 and confirmed 8-28-14.)

 

 

FP 2014-48

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Initial Application Form, Documents Required for Full, Conditional, and Provisional Licensure, and Practice Under a Provisional License

(Response received 9-5-14 and confirmed 9-5-14.)

 

 

FP 2014-49

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

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

(Response received 9-5-14 and confirmed 9-5-14.)

 

 

FP 2014-50

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

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

(Response received 9-5-14 and confirmed 9-5-14.)

 

 

FP 2014-64

GOVERNING BOARD OF GENETIC COUNSELORS

Initial Licensure and Provisional Licensure

(Response received 9-12-14 and confirmed 9-16-14.)

 

 

FP 2014-65

GOVERNING BOARD OF GENETIC COUNSELORS

Continued Status of Licensees

(Response received 9-9-14 and confirmed 9-16-14.)

 

 

FP 2014-39

NH LOTTERY COMMISSION

Rules for Prize Claims

(Response received 9-11-14 and converted to preliminary objection. Objection response due 10-6-14.)

 

 

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 2014-31
Conditional Approval

Lien Procedures, Installment Payment Agreements, and Settlement Agreements

(JLCAR Deadline September 18, 2014.)

(Formerly Item #12(b) on 6-20-14 agenda, Item #9(b) on 7-17-14 agenda, and Item #7(b) on 8-21-14 agenda.)

 

 

(b) FP 2014-58
Postponed to 10/2/14 Continued Meeting

Meals and Rentals Tax

(JLCAR Deadline October 20, 2014.)

 

 

8. 9:30 a.m. DEPARTMENT OF EMPLOYMENT SECURITY WAIVER TO BE REQUESTED

FP 2014-20
Postponed to 10/2/14 Continued Meeting

Penalty Weeks under RSA 282-A:164

(JLCAR Deadline September 18, 2014.)

(Formerly Item #8(a) on 6-20-14 agenda, Item #10 on 7-17-14 agenda, and Item #8 on
8-21-14 agenda.)

 

 

9. 9:35 a.m. DEPARTMENT OF SAFETY WAIVER TO BE REQUESTED

FP 2013-222
Postponed to 10/2/14 Continued 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, Item #16 on 7-17-14 agenda, and Item #14 on 8-21-14 agenda.)

 

 

10. 9:40 a.m. INSURANCE DEPARTMENT

 

 

FP 2014-29
Conditional Approval

Accident and Health Travel Insurance

(JLCAR Deadline September 25, 2014.)

 

 

11. 9:50 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2014-32
Postponed to 10/2/14 Continued Meeting

Water Quality and Quantity Programs

Standards of Design and Construction for Sewerage and Wastewater Treatment Facilities

(JLCAR Deadline October 9, 2014.)

 

 

12. 10:10 a.m. BOARD OF LICENSED DIETICIANS

 

 

FP 2014-63
Approval

Licensure Requirements, Continued Status, and Ethical Standards

(JLCAR Deadline October 13, 2014.)

 

 

13. 10:20 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2014-33
Conditional Approval

Commissioner

Central Registry

(JLCAR Deadline October 13, 2014.)

 

 

(b) FP 2014-107
Approval with Understanding

Former Division of Human Services

Utility Expenses Incurred Separately

(JLCAR Deadline October 20, 2014.)

 

 

(c) FP 2014-44
Postponed to 10/2/14 Continued Meeting

Former Division of Public Health Services

Immunization Registry

(JLCAR Deadline October 20, 2014.)

 

 

(d) FP 2014-110
Conditional Approval

Former Division of Human Services

Personal Care Attendant Services

(JLCAR Deadline October 20, 2014.)

 

 

14. 11:20 a.m. BOARD OF DENTAL EXAMINERS

 

 

(a) OR 2014-79
Approval

Licensure by Examination; Organization of Board; and Complaints of Licensee Misconduct

(JLCAR Deadline November 25, 2014.)

 

 

(b) OR 2014-80
Approval

Licensure Applications; EFDA Qualifications; Jurisprudence Exam; Anesthesia/Sedation

(JLCAR Deadline November 25, 2014.)

 

 

15. 11:40 a.m. NH LOTTERY COMMISSION

 

 

(a) OR 2014-38
Postponed to 10/2/14 Continued Meeting

Rules for Sales Agents

(JLCAR Deadline November 25, 2014.)

(Response not yet received. Response due October 6, 2014.)

 

 

(b) OR 2014-39
Postponed to 10/2/14 Continued Meeting

Rules for Prize Claims

(JLCAR Deadline November 25, 2014.)

(Converted from conditional approval. Objection Response not yet received.

Response due October 6, 2014.)

 

 

16. 11:45 a.m. PHARMACY BOARD

 

 

(a) OR 2014-66
Postponed to 10/2/14 Continued Meeting

Pharmacy Technicians

(JLCAR Deadline November 25, 2014.)

(Response not yet received. Response due October 6, 2014.)

 

 

(b) OR 2014-67
Postponed to 10/2/14 Continued Meeting

Pharmacy Interns

(JLCAR Deadline November 25, 2014.)

(Response not yet received. Response due October 6, 2014.)

 

 

OTHER BUSINESS

17. 12:00 p.m.