JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
DECEMBER 15, 2011
Members Present: Representatives Patten,
Pilotte, Schmidt, Manuse, Kidder*,
(**)
Part 1, Article 28-a of the N.H.
Constitution was not an issue in the Committee’s discussions or decisions in this
meeting.
1. The
meeting was convened at 9:00 a.m. by Rep. Patten as Chair.
Members
present at this time, aside from Rep. Patten, were Reps. Pilotte, Manuse,
Kidder, and Winter and Sens. Groen and
Rep.
Patten designated Rep. Winter and Sen. Carson as alternates, respectively, for
Rep. McGuire and Sen. White, who were absent.
2. The
Committee discussed the minutes of the Committee meeting on December 1, 2011.
Rep.
Pilotte moved that the minutes be approved.
Sen.
Carson seconded.
The
motion was adopted.
Rep.
Patten designated Rep. Kidder as an alternate for Sen. Lambert, who was absent. Rep. Kidder was now a voting member.
Rep.
Schmidt arrived in the meeting at this time.
3. The
Committee discussed the following Final Proposals (Consent Agenda – Final
Proposals):
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FP 2011-107 |
BOARD OF PROFESSIONAL ENGINEERS Rules Regarding Record of Board Actions |
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FP 2011-108 |
BOARD OF PROFESSIONAL ENGINEERS Rules Regarding Explanation After Adoption |
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FP 2011-109 |
BOARD OF PROFESSIONAL ENGINEERS Rules Regarding Applications and
Qualifications for Licensure, Fees, Disciplinary Matters, Continuing
Education, and Ethical and Professional Standards |
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FP 2011-116 |
BOARD OF ARCHITECTS Rules Regarding Explanation After Adoption |
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FP 2011-123 |
BOARD OF ACCOUNTANCY Organizational Rules |
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FP 2011-124 |
BOARD
OF ACCOUNTANCY Rules Regarding Application Procedures, Fees, Education and Experience, Qualifications for Examination and Certificate to Practice as a CPA and as a CPA Firm, Claims Against Licensees, and Peer Review |
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FP 2011-127 |
GOVERNING BOARD OF PHYSICAL THERAPISTS Application, Required Documents, and
Foreign Educated PTA |
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FP 2011-128 |
GOVERNING BOARD OF PHYSICAL THERAPISTS Definitions, Renewal Application,
Reinstatement, Continuing Education, and Administrative Obligations |
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FP 2011-132 |
DEPARTMENT OF EMPLOYMENT SECURITY |
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FP 2011-133 |
DEPARTMENT OF EMPLOYMENT SECURITY |
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FP 2011-134 |
DEPARTMENT OF EMPLOYMENT SECURITY |
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FP 2011-135 |
PASSENGER TRAMWAY SAFETY BOARD Various Passenger Tramway Safety Board
Organizational Rules and Hearing and Procedural Rules |
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FP 2011-136 |
PASSENGER TRAMWAY SAFETY BOARD Passenger Tramway Safety Board Hearing and
Procedural Rules - Request for Statement Explaining Rule |
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FP 2011-137 |
PASSENGER TRAMWAY SAFETY BOARD Passenger Tramway Safety Rules |
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FP 2011-140 |
FISH AND GAME
DEPARTMENT |
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FP 2011-141 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Elderly and Adult
Services Standard Disclosure Summary |
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FP 2011-142 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Therapy Services |
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FP 2011-146 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Nutritional Supplement for Working Families
(NSWF) |
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FP 2011-147 |
BOARD OF DENTAL EXAMINERS Active Dental Registration Fee,
Re-licensure, Dental Advertising, General Anesthesia |
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Rep.
Schmidt moved that the Committee approve the final proposals.
Sen.
Carson seconded.
Adopted.
Rep.
Taylor arrived in the meeting at this time, but was not yet a voting member.
4. The
Committee discussed whether to postpone action on certain items to another
Committee meeting.
Rep.
Manuse moved that the Committee postpone action on the following items to the
continued meeting on January 6, 2012:
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10. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(c)
FP 2011-145 |
Former Division of Human Services (JLCAR
Deadline January 17, 2012.) |
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(d)
FP 2011-148 |
Former Division of Human Services (JLCAR
Deadline January 17, 2012.) |
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12. Discussion
and approval of amended Drafting and Procedure Manual for Administrative
Rules. |
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13. OR
2011-71* |
ASSESSING STANDARDS BOARD Certification of Assessors (JLCAR
Deadline January 10, 2012.) *Response not yet filed. |
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OTHER BUSINESS 14. Other |
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Rep.
Schmidt seconded.
Adopted.
5. The
Committee discussed the response of the Department of Safety to the Committee’s
preliminary objection to Final Proposal 2011-93 (State Fire Code Rules). Sheri Kelloway and State Fire Marshal William
Degnan testified for the Department.
Sen.
Merrill arrived as the discussion on this item began.
The
Kimball family, representing the N.H. Farm Bureau Federation, submitted written
testimony in a letter dated December 15, 2011.
Sheri
Kelloway, on behalf of the Department, requested a revised objection in order
to amend Saf-C 6008.02 on the Fire Prevention Code exemptions and Saf-C 6008.03
on modifications to the Fire Prevention Code.
Rep.
Manuse moved that the Committee make a revised objection to Final Proposal
2011-93 as requested by the Department.
Sen.
Carson seconded.
Adopted.
6. The
Committee discussed Final Proposal 2011-138 from the Department of Safety (Proximate
Audience Pyrotechnics and Flame Effects Rules).
Sheri Kelloway, State Fire Marshal William Degnan, and Christopher Wyman
testified for the Department.
Sen.
Kelly moved that Saf-C 6901.07 defining “fire watch” would remain as proposed.
Rep.
Pilotte seconded.
Adopted.
At
this time, the Committee took a break, and went to the next item because it
required the use of a sign language interpreter and CART reporter, and the time
for which they were contracted was limited.
7. After
a break, with Reps. Patten, Pilotte, Manuse, Schmidt, Kidder, and Taylor, and
Senators Groen and Kelly present, the Committee discussed Final Proposal
2011-86 from the Board of Education (Vocational Rehabilitation Programs). Sarah Browning and Ella McAllister testified
for the Board. The sign language
interpreter was Toni Robbins, and the CART reporter was Michelle McGirr.
Rep.
Patten designated Rep. Taylor as an alternate for Rep. McGuire, who was absent.
Sen.
Merrill and Sen. Carson returned to the meeting as the discussion began on this
item.
Sen.
Groen left the meeting before a motion was made.
Rep.
Schmidt moved that the Committee conditionally approve Final Proposal 2011-86
on the condition that the following words be inserted after the words “social
security number”: “optional: may be
required for certain state or federal programs”. The Committee also recommended that, when the
Board revises the provider fee schedule referenced in Ed 1010.16, the Board
either undertake rulemaking to do so or seek legislation.
Sen.
Carson seconded.
Adopted.
8. The
Committee discussed the response to the Committee’s revised objection to Final
Proposal 2011-93 of the Department of Safety (State Fire Code Rules). The response had been submitted after the
revised objection was made earlier in the meeting.
Sheri
Kelloway and State Fire Marshal William Degnan testified for the Department.
Rep.
Manuse moved that the Committee accept the response and approve the rules.
Sen.
Carson seconded.
Adopted.
Sen.
Groen left the meeting at this time.
9. The
Committee resumed discussion of Final Proposal 2011-138 from the Department of
Safety (Proximate Audience Pyrotechnics and Flame Effects Rules). Sheri Kelloway, State Fire Marshal William
Degnan, and Christopher Wyman testified for the Department.
Sen.
Carson and Sen. Kelly left during the discussion of this item.
Rep.
David Welch also testified.
Rep.
Kidder moved that the Committee approve Final Proposal 2011-138.
Sen.
Merrill seconded.
Sen.
Groen returned to the meeting at this time.
After
further discussion, Rep. Kidder withdrew his motion and Sen. Merrill withdrew
her second.
Rep.
Manuse moved that the Committee conditionally approve Final Proposal 2011-138
on the condition that the words “arrested or” be deleted from rule Saf-C
6906.04(a)(8).
Rep.
Pilotte seconded.
Adopted.
10. After
a break, with Reps. Patten, Pilotte, Schmidt, Manuse, Kidder, and
Rep.
Pilotte moved that the Committee approve Proposed Interim Rule INT 2011-31.
Rep.
Schmidt seconded.
Adopted.
11. The
Committee discussed Final Proposal 2011-154 from the Department of Revenue
Administration (Real Estate Transfer Tax (RETT)). Kathryn Skouteris, Assistant Revenue Counsel,
testified for the Department.
The
Department had requested a conditional approval in a letter and amended rule
dated December 5, 2011.
Rep.
Schmidt moved that the Committee accept the conditional approval request and
conditionally approve Final Proposal 2011-154 based on the request.
Sen.
Merrill seconded.
Adopted.
12. The
Committee discussed Final Proposal 2011-131 from the Department of Health and
Human Services (Former Division of Human Services, Outpatient Hospital Service
Limits). Lisabritt Solsky and Michael
Holt testified for the Department.
Leslie
Melby, representing the N.H. Hospital Association, also testified.
Rep.
Schmidt moved that the Committee approve Final Proposal 2011-131.
Rep.
Kidder seconded.
Adopted.
13. The
Committee discussed Final Proposal 2011-118 from the Department of Health and
Human Services (Former Division of Public Health Services, Acute Psychiatric
Residential Treatment Programs). Michael
Holt testified for the Department.
Michael
Skibbie, representing the
Michael
Holt, on behalf of the Department, requested a conditional approval in order to
amend He-P 830.15(a)(1) to add the following words after “self evacuate”:
“However, reasonable accommodation shall be made when possible to admit clients
who have mobility impairment, provided that evacuation assistance needs can be
met.”
Rep.
Taylor moved that the Committee accept the conditional approval request and
conditionally approve Final Proposal 2011-118 based on the request.
Sen.
Merrill seconded.
Adopted.
14. Rep.
Manuse moved that the Committee recess.
Sen.
Merrill seconded.
Adopted.
The
Committee recessed at 1:12 p.m.