JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

SEPTEMBER 21, 2017 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice Chair

Sen. Kevin Avard

Rep. John Graham

Sen. Dan Feltes

Rep. William A. Hatch

Sen. Harold French

Rep. Rick M. Ladd

Sen. Jay Kahn

Rep. Peter B. Schmidt

Sen. Martha Fuller Clark (Alt.)

Rep. Karen Ebel (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. William Gannon (Alt.)

Rep. Carolyn Matthews (Alt.)

Sen. Dan Innis (Alt.)

Rep. Bill Ohm (Alt.)

Sen. Ruth Ward (Alt.)

Rep. John Sytek (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, 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


 

CONSENT AGENDA

 

2. 9:05 a.m. Committee Approval of Final Proposals and Proposed Expedited Repeals:

 

 

(a) FP 2017-75
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Standards Applicable to Certain New or Modified Facilities and Sources of Hazardous Air Pollutants

(JLCAR Deadline October 23, 2017.)

 

 

(b) FP 2017-88
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Tobacco Tax Stamps and Accounting Methods

(JLCAR Deadline October 23, 2017.)

 

 

(c) FP 2017-89
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Communications Services Tax, Repealing Witness Requirement for Power of Attorney, Delivery of Power of Attorney

(JLCAR Deadline October 23, 2017.)

 

 

(d) FP 2017-104
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Duration of Extensions, Participation in the NHEP Work Program, and Exemptions from Work Requirements, and Treatment of Resources, and Self-Employment Income for SNAP Allotment

(JLCAR Deadline October 23, 2017.)

 

 

(e) EXP 2017-9
Approval

BANKING DEPARTMENT

Repeal of Rules Adopted Under RSA 394-A Powers of Banking Organizations

(No JLCAR Deadline.)

 

 

(f) EXP 2017-10
Approval

BANKING DEPARTMENT

Repeal of Rules on Calculation of Bank Reserves

(No JLCAR Deadline.)

 

 

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 not previously reported 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 20, 2017:

 

 

FP 2017-30

PUBLIC EMPLOYEE LABOR RELATIONS BOARD

Board Location and Contact Information; Practice and Procedure; Public Employee Labor

Relations, Certifications, Unfair Labor Practices, and Impasse Resolution

(Response received August 16, 2017 and confirmed August 18, 2017.)

 

 

Conditionally Approved August 17, 2017:

 

 

INT 2017-16

BOARD OF EDUCATION

Robotics Education Fund

(Response received August 24, 2017 and confirmed August 24, 2017.)

 

 

FP 2017-80

INSURANCE DEPARTMENT

Life Insurance and Annuities Replacement

(Response received August 24, 2017 and confirmed August 25, 2017.)

 

 

FP 2017-43

DEPARTMENT OF SAFETY

Mechanical Licensing Board

Mechanical Licensing Board Professional Standards

(Response not yet received.)

 

 

FP 2017-44

OFFICE OF THE OMBUDSMAN

Office of the Long-term Care Ombudsman

(Response received September 1, 2017 and confirmed September 6, 2017.)

 

 

FP 2017-40

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Community Residences at the Residential Care and Supported Residential Care Level

(Response received August 28, 2017 and confirmed August 30, 2017.)

 

 

FP 2016-233

PUBLIC UTILITIES COMMISSION

Competitive Electric Power Supplier and Aggregator Rules

(Response received August 25, 2017 and confirmed August 25, 2017.)

 

 

FP 2017-69

BOARD OF REGISTRATION IN OPTOMETRY

Applications for Initial Licensure; License Renewal and Continuing Education; Ethical Standards & Disciplinary Matters; Professional Standards

(Response received September 15, 2017 and confirmed September 15, 2017.)

 

 

FP 2017-72

CURRENT USE BOARD

Assessment Ranges for Forest Land Categories, With and Without Stewardship, Unproductive Land and Wetland Categories

(Response not yet received.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2017-39
Postponed to 10/19/17
Regular Meeting

Commissioner TO BE POSTPONED; WAIVER NECESSARY

New Hampshire Child Care Program Licensing Rules

(JLCAR Deadline September 21, 2017. Existing emergency rule will expire November 13, 2017.)
(Formerly Item #12(a) on 8-17-17 agenda.)

 

 

(b) INT 2017-21
Approval

Former Division of Mental Health and Developmental Services

Approval and Operation of Community Mental Health Programs

(JLCAR Deadline December 13, 2017. Former rules expired September 1, 2017.)

 

 

8. 9:25 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2017-59
Approval

Cross Program Rules

Waiver of Procurement Provisions

(JLCAR Deadline October 5, 2017.)

 

 

9. 9:30 a.m. BOARD OF EDUCATION

 

(a) FP 2017-53
Conditional Approval with Recommendation & Understanding

School Nurse Certification

(JLCAR Deadline October 12, 2017.)

 

 

(b) FP 2017-83
Conditional Approval

Computer Science Educator

(JLCAR Deadline October 12, 2017.)

 

 

10. 9:45 a.m. INSURANCE DEPARTMENT

 

 

FP 2017-95
Approval

Financing of Life Insurance Premiums

(JLCAR Deadline October 20, 2017. Former rules expired February 16, 2009.)

 

 

11. 10:00 a.m. DEPARTMENT OF TRANSPORTATION

 

 

FP 2017-42
Conditional Approval

Prequalification of Contractors

(JLCAR Deadline October 23, 2017.)

 

 

12. 10:15 a.m. BOARD OF SEPTIC SYSTEM EVALUATORS

 

 

INT 2017-17
Conditional Approval

Certification Requirements for Applicants Applying for a License Pursuant to
RSA 310-A:210, II-IV

(JLCAR Deadline November 22, 2017. Rules implement 2016, 216 (SB 210), effective January 1, 2017.)

 

 

13. 10:30 a.m. DEPARTMENT OF CORRECTIONS

 

 

(a) INT 2017-18
Approval with Recommendation

Explanation of Adopted Rules; Waiver

(JLCAR Deadline November 29, 2017. Former rules expired July 8, 2017.)

 

 

(b) INT 2017-19
Approval with Recommendation

Operation and Management of Corrections Department Activities

(JLCAR Deadline November 29, 2017. Former rules expired July 8, 2017.)

 

 

(c) INT 2017-20
Approval with Recommendation

Classification

(JLCAR Deadline November 29, 2017. Former rules expired July 8, 2017.)

 

 

OTHER BUSINESS

14. 11:00 a.m.