Joint Legislative Committee on Administrative Rules
Action Minutes
OCTOBER 19, 2006
Members Present: Representatives
Patten, Taylor, Allan, Millham, Carson*, Pilotte*, Mitchell*, and MacKay*. (*) Indicates
alternate members.
(**)
Indicates where Part 1, Article 28-a of
the N.H. Constitution was an issue in the Committee’s discussions or decisions
in this meeting. (See Item #11. However, that item was approved.)
1. The meeting was begun at 9:00 a.m. by Rep.
Patten as Vice-Chair.
Members present at this time, aside from Rep. Patten, were Reps. Taylor, Millham, MacKay, Carson, and Pilotte.
Rep. Millham left the meeting at this time, and the meeting was not formally convened because a quorum was not present.
The Committee discussed the next item.
2. The
Committee discussed the response of the Department of Health and Human Services
to the Committee’s preliminary objection to Final Proposal 2006-92 (Former
Division of Public Health Services, Assisted Living Residence – Supported
Residential Health Care). John Martin
and Michele Beasley initially testified for the agency.
The
following members of the public testified:
Karen Crowe, representing the
Scott-Farrar Home of Peterborough and the
N.H. Association of Residential Care Homes
(N.H. - ARCH).
Kathleen Otte, representing Granite
Ledges of Concord.
Alex Amann, representing the Inn at
Parker Station of
Cynthia Goudreault, representing
Rose Haven Assisted Living of Merrimack, N.H.
During the course of public testimony, Rep.
Allan and Rep. Mitchell arrived, thereby establishing a quorum.
The Committee therefore moved to the next
item.
3. With the meeting now convened, Rep. Patten appointed Reps. Carson, Pilotte, MacKay, and Mitchell as alternates, respectively, for Sen. Letourneau, Rep. Wall, Sen. Flanders, and Sen. Estabrook, who were absent.
4. The Committee resumed discussion of the
response by the Department of Health and Human Services to the Committee’s
preliminary objection to Final Proposal 2006-92 (Former Division of Public
Health Services, Assisted Living Residence – Supported Residential Health
Care). John Marten, Michele Beasley, and
Theresa Jarvis testified for the agency.
The agency had submitted an amended
objection response dated September 29, 2006.
Rep. Millham returned to the meeting at
this time.
Karen Crowe testified again.
Rep. Taylor moved that the Committee
approve the rules in the amended objection response with the following
changes: (1) Amend He-P 805.18(r) by
replacing “direct contact” with “direct care contact”, and (2) Amend He-P 805.18(s)
by inserting the words “who have direct care contact or who prepare and serve
food” after “personnel, volunteers and independent contractors.”
Rep. MacKay seconded.
Adopted.
5. The Committee discussed the minutes of the
continued Committee meeting on October 5, 2006.
Rep. Taylor moved that the minutes be
approved.
Rep. Allan seconded.
Adopted.
6. The Committee discussed the following Final
Proposals (Consent Agenda – Final Proposals):
FP 2006-54 |
INSURANCE DEPARTMENT Ins 3800 Medical Professional Liability
Insurance |
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FP
2006-64 |
PEASE DEVELOPMENT AUTHORITY Definitions |
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FP
2006-65 |
PEASE
DEVELOPMENT AUTHORITY State-Owned
Commercial Piers and Associated Facilities |
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FP 2006-82 |
BOARD OF EDUCATION Statement of Eligibility; Highly Qualified
Teachers |
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FP 2006-101 |
BOARD OF BARBERING, COSMETOLOGY AND
ESTHETICS Fee Increase (JLCAR
Deadline October 30, 2006.) |
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FP 2006-106 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Commissioner Drug
Use Review Board |
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FP 2006-109 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Podiatry Services |
Rep.
Taylor moved that the Committee approve the Final Proposals.
Rep.
Carson seconded.
Adopted.
7. The Committee discussed Final Proposal 2006-93
from the Department of Health and Human Services (Former Office of Alcohol and
Drug Abuse Prevention, Impaired Driver Intervention Program). Michael Holt, James Shanelaris, and Jonathan
Gallo testified for the Department.
The Department had submitted a conditional
approval request in a letter and attached rule dated October 18, 2006.
Rep. Carson moved that the Department be
allowed to make as editorial changes in the rules the changes in RSA citations,
pursuant to RSA 265-A, after RSA 265-A goes into effect January 1, 2007, in
order to reflect the Committee’s intent that the rules should not expire on
January 1, 2007, and that the Director of the Office of Legislative Services be
advised.
Rep. Millham seconded.
Adopted.
Rep. Taylor moved that the Committee
conditionally approve Final Proposal 2006-93 as requested by the agency.
Rep. Pilotte seconded.
Adopted.
8. The Committee discussed Final Proposal
2006-102 from the Department of Health and Human Services (Former Division of
Human Services, Adult Program Verification Requirements for Educational Income). Dawn Landry testified for the Department.
Rep. Taylor moved that the Committee
approve Final Proposal 2006-102.
Rep. Carson seconded.
Adopted.
9. After a break, with Reps. Patten, Allan,
Taylor, Carson, Mitchell, Millham, and Pilotte present, the Committee discussed
Proposed Interim Rule INT 2006-39 from the Department of Safety (Interim
Modular Building Rules). Marta Modigliani
testified for the agency.
Rep. Carson moved that the Committee
approve Proposed Interim Rule INT 2006-39.
Rep. MacKay seconded.
Adopted.
10. The Committee discussed Final Proposal 2006-88
from the Department of Environmental Services (Drinking Water Programs,
Groundwater Reclassification Rules).
Gretchen Hamel testified for the agency.
Rep. Taylor moved that the Committee approve
Final Proposal 2006-88.
Rep. Allan seconded.
Adopted.
**11 The Committee discussed Final Proposal 2006-94
from the Department of Environmental Services (Cross-Program Rules,
Administrative Fine Procedures).
Gretchen Hamel testified for the agency.
Rep. Allan moved that the Committee
approve Final Proposal 2006-94.
Rep. Taylor seconded.
Adopted.
12. The Committee discussed Proposed Interim Rule
INT 2006-38 from the Fish and Game Department (Rules on the Importation,
Possession, and Use of Wildlife). Sandra
Falicon testified for the agency.
Rep. Carson moved that the Committee
approve Proposed Interim Rule INT 2006-38.
Rep. Taylor seconded.
Adopted.
13. The Committee discussed the response of the
Postsecondary Education Commission in the Committee’s preliminary objection to
Final Proposal 2005-213 (Pos 1000 Rules Governing the Evaluation of
Institutions of Higher Learning).
Kathryn Dodge testified for the agency.
Paul Rogers, representing
Rep. Carson moved that the Committee
accept the response and approve the rules.
Rep. MacKay seconded.
Adopted.
14. The Committee discussed the description of
forms in rules pursuant to the repeal of RSA 541-A:16, I(b)(1) by Chapter
145:11 of the Laws of 2006 (HB 1351).
Rep. Millham moved (1) that the Committee
have staff no longer present, as a potential basis for objection, the issue of
whether forms should be described in rules and (2) that the description of forms
not be scrutinized by the Committee but be regarded as discretionary by an
agency unless the agency’s own statute requires it.
Rep. Carson seconded.
Adopted.
15. Rep. Taylor moved that the Committee adjourn.
Rep. Carson seconded.
Adopted.
The Committee adjourned at 11:45 a.m.,
effectively postponing consideration of the following items to the next
Committee meeting on November 16, 2006:
11. PEASE
DEVELOPMENT AUTHORITY |
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(a) FP 2006-66 |
Slip
Permits; State-Owned Residential Piers (JLCAR Deadline November 20, 2006.) |
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(b) FP 2006-77 |
Moorings
and Anchorages (JLCAR Deadline November 20, 2006.) |
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12. LUNCH BREAK |
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OTHER BUSINESS |
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13. Other |
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