JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
FEBRUARY 20, 2009
Members Present: Representatives Pilotte, Schmidt, Gottling, Millham, Casey*,
Boyce*, Sad*, and Kidder*, and Senators Cilley, Merrill, Denley, and DeVries*. (*) Indicates
alternate member.
(**) 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 9:12 a.m.
by Rep. Pilotte as Vice-Chair.
Members present at this time, aside from
Rep. Pilotte, were Reps. Gottling, Millham, Kidder, and Sad, and Sen. DeVries.
Rep. Pilotte appointed Sen. DeVries, Rep.
Sad, and Rep. Kidder as alternates, respectively, for Sen. Fuller Clark, Rep.
Schmidt, and Rep. Patten, who were absent.
2. The Committee discussed the minutes of the
Committee meeting on January 16, 2009.
Rep. Gottling moved that the minutes be
approved.
Rep. Sad seconded.
Adopted.
3. The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):
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FP 2008-167 |
BOARD OF PROFESSIONAL GEOLOGISTS Explanation After Adoption |
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FP 2008-195 |
GOVERNING BOARD OF RECREATIONAL THERAPISTS Processing of Applications for Initial Licensure; Multipart Application Form; Required Documents; Letters of Reference; Eligibility Requirements; Purpose of Conditional Licensure; Eligibility Requirements for Supervisors |
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FP 2008-196 |
GOVERNING
BOARD OF RECREATIONAL THERAPISTS Reinstatement of Licenses |
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FP 2008-197 |
GOVERNING BOARD OF RECREATIONAL THERAPISTS Ongoing Requirements |
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FP 2008-198 |
GOVERNING
BOARD OF RECREATIONAL THERAPISTS Ethical Standards |
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FP 2008-200 |
GOVERNING BOARD OF SPEECH LANGUAGE
PATHOLOGISTS Reinstatement of Licensure |
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FP 2008-201 |
GOVERNING
BOARD OF SPEECH LANGUAGE PATHOLOGISTS Ethical
Standards |
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FP 2008-202 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Mental Health and Developmental Services Consolidated
Services) |
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FP 2008-204 |
GOVERNING
BOARD OF PHYSICAL THERAPISTS Re-Taking
the National Physical Therapy Examination; The Board's Processing of Requests
to Re-Take the National Physical Therapy Examination for the Fourth Time |
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FP 2008-205 |
GOVERNING
BOARD OF PHYSICAL THERAPISTS Materials
Required to Accompany the License Application Form; Basic Eligibility
Requirements for Full or Conditional Initial Licensure |
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FP 2008-214 |
BOARD OF LICENSURE FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS Organizational Rules |
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FP 2008-215 |
BOARD OF
LICENSING FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS Definitions; Presiding Officer;
Commencement of Proceedings; Emergency Suspension; Recording; Evidence; Fact
Findings, Law Conclusions; Disposition; Public Comment Hearings; Declaratory
Rulings |
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FP 2008-216 |
BOARD
OF LICENSURE FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS Procedures
for Submission and Processing of Complaints of Misconduct; Settlements |
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FP 2008-217 |
BOARD
OF LICENSURE FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS Appearances |
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FP 2008-218 |
BOARD
OF LICENSURE FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS Ethical
Standards |
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FP 2008-224 |
POLICE
STANDARDS AND TRAINING COUNCIL Physical
Examination |
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FP 2008-237 |
INSURANCE
DEPARTMENT Use
of Senior-Specific Certification and Professional Designations in the |
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FP 2008-238 |
INSURANCE
DEPARTMENT Advertisements
of Medicare Supplement Insurance with Interpretive Guidelines |
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FP 2008-239 |
INSURANCE
DEPARTMENT Network
Adequacy |
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FP 2008-242 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs Permit to Operate for Public Water Systems |
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FP 2008-245 |
RACING
AND CHARITABLE GAMING COMMISSION Rules
of Practice |
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FP 2008-249 |
CURRENT
USE BOARD Forms
and Criteria Availability |
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FP 2008-250 |
CURRENT
USE BOARD Conduct
of a Forum |
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FP 2008-253 |
FISH AND GAME DEPARTMENT Fish and Game Rules Relative to Wildlife
Damage, Sealing Fur, Training Bear Dogs |
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FP 2008-254 |
DEPARTMENT
OF SAFETY Fingerprint
Processing Fee Rules |
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FP 2008-258 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Birth Conditions Program |
Sen. DeVries moved that the Committee
approve the final proposals except for Final Proposal 2008-249 and Final
Proposal 2008-250.
Rep. Millham seconded.
Adopted.
4. The Committee discussed whether to postpone
action on certain items to another meeting.
Rep. Millham moved that the Committee
postpone action on the following items to the continued meeting on March 6,
2009.
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18. FP
2008-221 |
DEPARTMENT
OF RESOURCES AND ECONOMIC DEVELOPMENT Rules for the Job Training Program (JLCAR Deadline March 23, 2009. Former interim rule expired March 12,
2008.) |
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19. DEPARTMENT OF ENVIRONMENTAL SERVICES |
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(a) FP 2008-223 |
Water Quality and Quantity Programs Youth Recreation Camps (JLCAR
Deadline March 23, 2009. Most of the
existing rules will expire |
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(b) FP 2008-225 |
Drinking Water Programs Certification of Water Works Operators (JLCAR
Deadline March 23, 2009.) |
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20. N.H. RETIREMENT SYSTEM |
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(a) INT 2009-1 |
Code of Ethics of the Retirement System (JLCAR Deadline May 7, 2009. Existing rules will expire April 10, 2009.) |
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(b) FP 2008-187 |
Minimum Participation Standards - Group I State and Political Subdivision Employees (JLCAR Deadline March 23, 2009.) |
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21. INT
2009-5 |
DEPARTMENT
OF AGRICULTURE, MARKETS, AND FOOD Weights and Measures (JLCAR Deadline May 14, 2009. Most of the existing rules will expire
March 21, 2009.) |
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22. FP
2008-141 |
GOVERNING
BOARD OF RECREATIONAL THERAPISTS Continued Status (JLCAR Deadline March 19, 2009.) |
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23. GOVERNING
BOARD OF PHYSICAL THERAPISTS |
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(a) FP 2008-170 |
Continued Status (JLCAR
Deadline March 9, 2009.) |
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(b) FP 2008-206 |
Reinstatement of Licenses; Conditionally
Reinstated Licenses (JLCAR
Deadline March 16, 2009.) |
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24. Responses
to Preliminary Objections Made in January 9, 2009 Meeting But Not Yet
Reviewed by |
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OR 2008-163 |
BOARD OF VETERINARY MEDICINE Administrative Rules Vet 200-700 (JLCAR
Deadline April 20, 2009.) |
Sen. DeVries seconded.
Adopted.
5. The Committee discussed Final Proposal
2008-168 from the Board of Professional Geologists (Applications and
Qualifications for Licensure, Fees, Disciplinary Matters, Continuing Education
and Ethical Standards).
Rep. Gottling moved that the Committee
approve Final Proposal 2008-168.
Rep. Millham seconded.
Adopted.
6. The Committee discussed Final Proposal
2008-241 from the Board of Dental Examiners (Board Organization, Financial
Interests, Pleadings, Complaints, Adjudicatory Proceedings, Authority of
Presiding Officer, Licensure, Fees, Qualifications, Duties, and General
Housekeeping). Dr. Raymond Jarvis
testified for the Board.
The Board had requested a conditional
approval in a letter dated February 2, 2009 and an amended rule dated January
27, 2009.
Rep. Schmidt arrived during the discussion
of this item. Since Rep. Schmidt was now
present, Rep. Pilotte appointed Rep. Sad as an alternate for Sen. Cilley, who
was absent.
Rep. Millham moved that the Committee
conditionally approve Final Proposal 2008-241 as requested.
Sen. DeVries seconded.
Adopted.
7. The Committee discussed Final Proposal
2008-246 from the Racing and Charitable Gaming Commission (Bingo and Lucky 7
Rules).
The Commission had requested a conditional
approval in a letter and amended rule dated February 10, 2009.
Rep. Gottling moved that the Committee
conditionally approve Final proposal 2008-246 as requested.
Rep. Schmidt seconded.
Adopted.
8. The Committee discussed Final Proposal
2008-247 from the Racing and Charitable Gaming Commission (Games of Chance).
The Commission had requested a conditional
approval in a letter and amended rule dated February 10, 2009.
Rep. Schmidt moved that the Committee
conditionally approve Final Proposal 2008-247 as requested.
Sen. DeVries seconded.
Adopted.
9. The Committee discussed Proposed Interim Rule
INT 2009-3 from the Board of Licensing for Alcohol and Other Drug Use
Professionals (Initial Licensure; Examinations; Written Case Study; Application
Procedures; Felony Convictions). Trudy
Mott-Smith from the Department of Administrative Services testified for the
Board.
Sen. Cilley, Sen. Merrill, and Sen. Denley
arrived during the discussion of this item.
Since Sen. Cilley was now present, Rep. Pilotte appointed Rep. Sad as an
alternate for Sen. Letourneau, who was absent.
Sen. DeVries moved that the Committee
approve Proposed Interim Rule INT 2009-3 with the recommendation that the Board
address in the regular rulemaking process the issues outlined in the
annotations to the Proposed Interim Rule by Committee staff.
Rep. Gottling seconded.
Adopted.
10. The Committee discussed Final Proposal
2008-222 from the Health Services Planning and Review Board (Positron Emission
Tomography Scanners).
The Board had requested a conditional
approval in a letter and amended rule dated January 28, 2009.
Rep. Schmidt moved that the Committee
conditionally approve Final Proposal 2008-222 as requested.
Sen. Merrill seconded.
Adopted.
11. The Committee discussed Final Proposal
2008-240 from the Department of Health and Human Services (Former Division of
Human Services, Medicaid for Employed Adults with Disabilities (MEAD)).
Rep. Millham moved that the Committee
approve Final Proposal 2008-240.
Rep. Schmidt seconded.
Adopted.
12. The Committee discussed Final Proposal 2008-236
from the Insurance Department (Life Insurance Illustrations). Deborah O’Loughlin and Michael Wilkey
testified for the Department.
The Department submitted a conditional
approval request in an amended rule dated February 19, 2009 and corrected Incorporation
by Reference Statements.
Sen. Cilley moved that the Committee
conditionally approve Final Proposal 2008-236 as requested.
Rep. Millham seconded.
Adopted.
Rep. Casey arrived in the meeting at this
time, and Sen. DeVries left. Rep. Pilotte
approved Rep. Casey as an alternate for Sen. Fuller Clark, who was absent.
13. The Committee discussed Final Proposal
2008-203 from the Fish and Game Department (Marine Rules-Commercial Haddock
Length Limit; Commercial Lobster Helpers).
The Department had requested a conditional
approval in a letter and amended rule dated February 17, 2009.
Sen. Merrill moved that the Committee
conditionally approve Final Proposal 2008-203 as requested.
Rep. Sad seconded.
Adopted.
14. The Committee discussed Proposed Interim Rule
INT 2009-2 from the Department of Environmental Services (Air Related Programs,
Voluntary Greenhouse Gas Emissions Reductions Registry). Gretchen Hamel testified for the Department.
Rep. Boyce arrived during the discussion
of this item. Since 10 members of the
Committee were already present, Rep. Pilotte did not appoint Rep. Boyce as an
alternate, and therefore Rep. Boyce was not voting at this time.
Rep. Schmidt moved that the Committee
approve Proposed Interim Rule INT 2009-2.
Sen. Cilley seconded.
Adopted.
15. After a break, with Reps. Pilotte, Schmidt,
Gottling, Millham, Casey, Boyce, Kidder, and Sad, and Sen. Denley present, the
Committee discussed Proposed Interim Rule INT 2009-6 from the Department of
Environmental Services (Water Quality and Quantity Programs, State Worker
Pollution Revolving Loan Fund Amendments).
Gretchen Hamel and Paul Heirtzler testified for the Department.
Sen. Merrill and Sen. Cilley returned to
the meeting during the discussion of this item. Rep. Boyce was still not voting.
Sen. Cilley moved that the Committee
approve Proposed Interim Rule INT 2009-6.
Rep. Casey seconded.
Adopted.
16. The Committee discussed Proposed Interim Rule
INT 2009-4 from the State Treasurer (Treasury - Abandoned Property Rules).
Rep. Casey left during the discussion of
this item. Rep. Pilotte appointed Rep.
Boyce as an alternate for Sen. Fuller Clark, who was still absent.
After further discussion, Rep. Casey
returned to the meeting, and her designation as an alternate for Sen. Fuller
Clark was restored.
Sen. Merrill moved that the Committee
approve Proposed Interim Rule INT 2009-4 with the recommendation that the
Department address in the regular rulemaking process the issues outlined in the
annotations by Committee staff to the Proposed Interim Rule INT 2009-4.
Rep. Schmidt seconded.
Adopted.
17. The Committee discussed Final Proposal
2008-249 from the Current Use Board (Forms and Criteria Availability).
Terrance Qualters testified.
Sen. Denley left the meeting during the
discussion of this item. Rep. Pilotte
appointed Rep. Boyce as an alternate for Sen. Denley.
Rep. Casey moved that the Committee
approve Final Proposal 2008-249 with the recommendation that the Board
re-examine the forms and amend them as necessary for clarity and to be
user-friendly.
Rep. Schmidt seconded.
Rep. Millham and Sen. Cilley recused
themselves from voting.
The motion was adopted.
18. The Committee discussed Final Proposal 2008-250
from the Current Use Board (Conduct of a Forum). Stephen Hamilton from the Department of
Revenue Administration, who is also a Board member, testified for the Board.
Terrance Qualters testified.
Sen. Cilley moved that the Committee make
a preliminary objection to Final Proposal 2008-250 on the ground that Cub
207.03(b)(7) is contrary to the public interest because it is incapable of
uniform application by not treating like entities in a similar manner, since
the rule allows the presiding person in a public forum to establish limits on
the print and electronic media.
Sen. Merrill seconded.
Adopted.
Rep. Pilotte noted for the record that the vote was 9 “yes” and 1 “no”.
19. The Committee discussed Final Proposal
2008-251 from the Current Use Board (
Terrance Qualters briefly testified.
Sen. Cilley moved that the Committee
approve Final Proposal 2008-251.
Rep. Casey seconded.
Adopted.
20. The Committee discussed Final Proposal
2008-252 from the Current Use Board (Developments and the Land Use Change
Tax). Stephen Hamilton from the
Department of Revenue Administration, who is also a Board member, testified for
the Board.
Terrance Qualters also testified.
Sen. Cilley left the meeting during the
discussion of this item.
Rep. Casey moved that the Committee
approve Final Proposal 2008-252.
Rep. Gottling seconded.
Adopted.
21. Rep. Casey moved that the Committee recess.
Rep. Sad seconded.
Adopted.
The Committee recessed at 1:45 p.m.,
thereby postponing consideration of the following item to March 6, 2009:
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OTHER BUSINESS |
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25. Other |
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