JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

SEPTEMBER 19, 2013 - 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 2013-66
Approval

PEASE DEVELOPMENT AUTHORITY

State Owned Commercial Piers And Associated Facilities

(JLCAR Deadline October 18, 2013.)

 

 

(b)  FP 2013-68
Approval

FISH AND GAME DEPARTMENT

2014 Fishing Rules

(JLCAR Deadline October 4, 2013.)

 

 

(c)  FP 2013-71
Approval

OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Pre-Hearing Disclosure of Witnesses and Exhibits

(JLCAR Deadline September 23, 2013.)

 

 

(d)  FP 2013-86
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Water

Official List of Public Waters

(JLCAR Deadline September 23, 2013.)

 

 

(e)  FP 2013-95
Approval

ELECTRICIANS' BOARD

Electricians' Board Rules of Practice and Procedure

(JLCAR Deadline October 11, 2013.)

 

 

(f)  FP 2013-96
Approval

ELECTRICIANS' BOARD

Electricians' Board Rules Regarding Application Procedures, Approval Process, Qualifications, Examinations, Fees, Continued Status, Lapse of License, Continuing Education, General Administration, and Disciplinary Action

(JLCAR Deadline October 11, 2013.)

 

 

(g)  FP 2013-97
Approval

ELECTRICIANS' BOARD

Electricians' Board Organizational Rules

(JLCAR Deadline October 11, 2013.)

 

 

(h)  FP 2013-98
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medicaid Hospital Service Limits

(JLCAR Deadline October 14, 2013.)

 

 

(i)  FP 2013-99
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Home Visit for Postpartum and Newborn Assessment

(JLCAR Deadline October 14, 2013.)

 

 

(j)  FP 2013-100
Approval

REAL ESTATE APPRAISER BOARD

Rules Regarding Reciprocity and Temporary Permits

(JLCAR Deadline October 14, 2013.)

 

 

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 June 21, 2013

 

 

FP 2012-173

PHARMACY BOARD

Code of Ethics (Standard of Conduct)

(Response not yet received.)

 

 

Conditionally Approved August 1, 2013

 

 

FP 2013-30

PUBLIC UTILITIES COMMISSION

Rules for Water Service

(Response received 8-26-13 and confirmed 9-3-13.)

 

 

FP 2013-31

PUBLIC UTILITIES COMMISSION

Rules for Sewer Utilities

(Response received 8-26-13 and confirmed 9-3-13.)

 

 

Conditionally Approved August 15, 2013

 

 

FP 2013-10

BOARD OF FIRE CONTROL

Board of Fire Control Organizational Rules and Practice and Procedural Rules

(Response not yet received.)

 

 

FP 2012-206

DEPARTMENT OF SAFETY

School Bus Transportation Rules

(Response not yet received.)

 

 

FP 2013-76

BOARD OF CHIROPRACTIC EXAMINERS

Application Process for New Applicants

(Response received 9-6-13 and confirmed 9-9-13.)

 

 

FP 2013-78

BOARD OF CHIROPRACTIC EXAMINERS

Examinations

(Response received 9-6-13 and confirmed 9-9-13.)

 

 

FP 2013-79

BOARD OF CHIROPRACTIC EXAMINERS

Licensure by Endorsement

(Response received 9-6-13 and confirmed 9-9-13.)

 

 

Conditionally Approved September 5, 2013

 

 

FP 2013-48

DEPARTMENT OF EMPLOYMENT SECURITY

Adjustment of Overpaid Benefit Accounts By Compromise

(Response received 9-11-13 and confirmed 9-11-13.)

 

 

FP 2013-49

DEPARTMENT OF EMPLOYMENT SECURITY

Offset of Federal Tax Refund Payments

(Response received 9-11-13 and confirmed 9-11-13.)

 

 

NOTE:

 

The following Final Proposal is being withdrawn by the agency.  No further Committee action is required in that case.

 

 

FP 2013-42

PHARMACY BOARD

Pharmacy Technicians

(JLCAR Deadline October 3, 2013.)

 

 

REGULAR AGENDA

 

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

 

7.   9:20 a.m.    BOARD OF LICENSURE FOR LAND SURVEYORS

 

 

FP 2013-56
Approval

Rules Regarding Application, Examination Fees, and Examination and Re-examination Requirements.

(JLCAR Deadline September 23, 2013.)

 

 

8.   9:30 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

(a)  FP 2013-28
Preliminary Objection

Former Division of Public Health Services

Ophthalmic Dispensing.

(JLCAR Deadline September 23, 2013.)

 

 

(b)  FP 2013-27
Approval

Former Division of Public Health Services

Body Art Licensing

(JLCAR Deadline October 7, 2013.)

 

 

(c)  FP 2013-92
Conditional Approval

Former Division of Mental Health and Developmental Services

Community Participation Services

(JLCAR Deadline October 14, 2013.)

 

 

(d)  INT 2013-12
Postponed to 10/3/13
Continued Meeting

Former Office of Alcohol and Drug Abuse Prevention

Impaired Driver Programs - Out-of-State Residents

(JLCAR Deadline December 4, 2013.  Rule implements 2013, 219:5 (SB 20), effective July 11, 2013.)

 

9.   10:15 a.m.  DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2013-38
Approval

Air Related Programs

General Recordkeeping Requirements for Combustion Devices

(JLCAR Deadline October 14, 2013.)

 

 

(b)  FP 2013-39
Approval

Air Related Programs

Fuel Specifications

(JLCAR Deadline October 14, 2013.)

 

 

(c)  FP 2013-40
Approval

Air Related Programs

Particulate and Visible Emissions Standards for Stationary Fuel Burning Devices

(JLCAR Deadline October 14, 2013.)

 

 

10. 10:30 a.m.  HIGHER EDUCATION COMMISSION

 

 

FP 2013-34
Conditional Approval

Degree Granting Higher Ed Institutions

(JLCAR Deadline October 11, 2013.)

 

 

11. 11:15 a.m.  BOARD OF DENTAL EXAMINERS

 

 

FP 2013-90
Conditional Approval

Board Fees, Examination for Licensure, Expanded Functions for Dental Auxiliaries, and Hygienists Ethical Duties

(JLCAR Deadline October 14, 2013.)

 

 

12. 11:30 a.m.  LIQUOR COMMISSION

 

 

(a)  FP 2013-87
Approval

Rules Governing Licensee Operations

(JLCAR Deadline October 14, 2013.)

 

 

(b)  FP 2013-88
Conditional Approval

Rules Relating to Particular Licensees

(JLCAR Deadline October 14, 2013.)

 

 

(c)  FP 2013-89
Preliminary Objection

Licensee Licensing and Physical Requirements Required for New or Renewal Applications for Licenses

(JLCAR Deadline October 14, 2013.)

 

 

(d)  FP 2013-106
Postponed to 10/3/13
Continued Meeting

Application, Listing and Delisting Procedures

(JLCAR Deadline October 28, 2013.)

 

 

 

OTHER BUSINESS

13. 12:15 p.m.  Other