JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

MARCH 21, 2008

 

 

Members Present:   Representatives Pilotte, MacKay, Schmidt, Millham*, Powers*, and Casey*, and Senators Fuller Clark, Cilley, DeVries, and Letourneau.  (*)  Indicates alternate member.

 

(**)  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 #14.  However, that item was approved.)

 

1.  The Committee was convened at 9:01 a.m. by Rep. Pilotte as Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Schmidt, Millham, Powers, and Casey and Sen. DeVries.

 

     Rep. Pilotte appointed Rep. Millham and Rep. Casey as alternates, respectively, for Rep. Patten and Rep. MacKay, who were absent.  Rep. Pilotte also appointed Rep. Powers as an alternate for the regular member position formerly held by Rep. Mitchell, who had resigned. 

 

2.  The Committee discussed the minutes of the Committee meeting on March 7, 2008.

 

     Rep. Schmidt moved that the minutes be approved.

 

     Rep. Powers seconded.

 

     Adopted.

 

3.  The Committee discussed whether to postpone action on certain items to another meeting.

 

     Sen. Fuller Clark arrived during the discussion of this item.

 

     Rep. Schmidt moved that the Committee postpone action on the following items to the continued Committee meeting on April 4, 2008:

 

13. FP 2007-157

BOARD OF EDUCATION

Special Education Administrator and Certification and Program Approval for Special Education Categories

(JLCAR Deadline April 4, 2008.)

 

 

14. FP 2007-192

BOARD OF MARITAL MEDIATOR CERTIFICATION

Continued Status of Certified Marital Mediator Training Programs

(JLCAR Deadline April 7, 2008.)

 

 

15. FP 2007-189

PHARMACY BOARD

Amendments to Certain Licensing/Registration Fees and Additional Security and Dispensing Practices for Methadone Treatment Centers

(JLCAR Deadline waived.)

 

 

 

 

16. FP 2007-195

NUCLEAR DECOMMISSIONING FINANCING COMMITTEE

Practice and Procedures Rules for the Nuclear Decommissioning Financing

Committee (NDFC)

(JLCAR Deadline April 21, 2008.)

 

 

 

     Rep. Casey seconded.

 

     Adopted.

 

4.   The Committee discussed the following final proposals and proposed interim rules from the agencies indicated (Consent Agenda – Final Proposals and Proposed Interim Rules):

 

 

 

FP 2007-107

BOARD OF SPEECH LANGUAGE PATHOLOGY

Requirements for Licensure (Repeal)

 

 

FP 2007-108

BOARD OF SPEECH LANGUAGE PATHOLOGY

Requirements for Initial Licensure

 

 

FP 2007-194

NUCLEAR DECOMMISSIONING FINANCING COMMITTEE

Organizational Rules for the Nuclear Decommissioning Financing Committee (NDFC)

 

 

FP 2007-203

BOARD OF PROFESSIONAL ENGINEERS

Rules Regarding Application for Licensure and Application and Examination Fees

 

 

FP 2007-213

NEW MOTOR VEHICLE ARBITRATION BOARD

Various Motor Vehicle Arbitration Board Rules

 

 

FP 2007-217

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Definition of Emergency Generator

 

 

INT 2008-4

DEPARTMENT OF EMPLOYMENT SECURITY

Practice and Procedure

 

 

INT 2008-5

DEPARTMENT OF EMPLOYMENT SECURITY

Signature Required

 

 

INT 2008-6

DEPARTMENT OF EMPLOYMENT SECURITY

Most Recent Employer

 

      Rep. Schmidt moved that the final proposals and proposed interim rules be approved.

 

      Sen. Fuller Clark seconded.

 

      Adopted. 

 

5.   The Committee discussed Final Proposal 2007-182 from the Department of Health and Human Services (Former Division of Public Health Services, Assisted Living Residences – Residential Care Licensing).  John Martin and Rodney Bascom testified for the Department.

 

      Sen. Letourneau and Sen. Cilley arrived during the discussion of this item.

 

      The Department had requested a conditional approval in a letter and amended rule dated February 13, 2008, with a further amendment to He-P 804.17(a1) submitted in the meeting.

 

        The following persons also testified:

            Cindy Goodrow.

            Rep. Frank Case.

 

      Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2007-182 as requested, including the amendment submitted at the meeting.

 

      Sen. DeVries seconded.

 

      Adopted. 

 

6.   The Committee discussed Final Proposal 2007-170 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Personal Safety Emergencies).  Raymond Perry and Richard Willgoose represented the Department.

 

      The Department had requested a conditional approval in a letter dated February 13, 2008 and rule dated February 12, 2008.

 

      Rep. Casey moved that the Committee conditionally approve Final Proposal 2007-170 as requested.

 

      Rep. Powers seconded.

 

      Adopted.

 

7.   The Committee discussed Final Proposal 2007-212 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, In-Home Supports).  Ken Nielsen and Dawn Landry testified for the Department.

 

      Rep. MacKay arrived during the discussion of this item. 

 

      Since Rep. MacKay was now present, Rep. Pilotte appointed Rep. Casey as an alternate for Sen. Downing, who was absent. 

 

      The Department requested a conditional approval with a written, amended rule defining “cultural competence” in He-M 524.02(d) and an oral request to insert the word “standardized” after the words “nationally recognized” in He-M 524.14 (f)(1) a. and c.

 

      Sen. DeVries moved that the Committee conditionally approve Final Proposal 2007-212 as requested.

 

      Sen. Fuller Clark seconded.

 

      Adopted.

 

8.   The Committee discussed Final Proposal 2007-219 from the Department of Health and Human Services (Former Division of Human Services, Creation of Interim Disabled Parents (IDP), Transitional Assessment Planning (TAP), and Families with Older Children (FWOC) Categories of Financial Assistance and Medical Assistance).  Lynn Wilder and Mark Jewell testified for the Department.

 

      The Department had submitted a conditional approval request in a letter and attached rule dated February 12, 2008, with a further amended rule dated March 6, 2008. 

 

      Rep. Millham and Sen. DeVries left the meeting during the discussion of this item.

 

      Rep. MacKay moved that the Committee conditionally approve Final Proposal 2007-219 as requested, including the amendment.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

9.   The Committee discussed Proposed Interim Rule INT 2008-2 from the Department of Health and Human Services (Former Division of Human Services, Expiring Rules Related to the NHEP/FAP Payment Standard, the Protected Income Level, and Eligibility for HCBC-ECI Medical Assistance).  Dawn Landry and Mark Jewell testified for the Department.

 

      Sen. Fuller Clark moved that the Committee approve Proposed Interim Rule INT 2008-2.

 

      Rep. Casey seconded.

 

      Adopted.

 

10.  The Committee discussed Proposed Interim Rule INT 2008-8 from the Department of Health and Human Services (Commissioner, Certification for Payment Standards for Community-Based Service Providers).  Dawn Landry and Roger Derosier testified for the Department.

 

      Sen. Letourneau left the meeting during the discussion of this item. 

 

      Sen. Fuller Clark moved that the Committee approve Proposed Interim Rule INT 2008-8.

 

      Rep. Powers seconded.

 

      Adopted.

 

11.  The Committee discussed Proposed Interim Rule INT 2008-9 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Conditional Discharge).  Raymond Perry and Michael Holt testified for the Department.

 

      Rep. MacKay moved that the Committee approve Proposed Interim Rule INT 2008-9.

 

      Sen. Fuller Clark seconded.

 

      Adopted.

 

12.  The Committee discussed Proposed Interim Rule INT 2008-3 from the Public Employee Labor Relations Board (Bargaining Unit Certification and Determination, Elections, Unfair Labor Practices, and Impasse Resolution).  Douglas Ingersoll testified for the Department.

 

      Sen. Fuller Clark left the meeting during the discussion of this item.

 

      Rep. Powers moved that the Committee approve Proposed Interim Rule INT 2008-3. 

 

      Rep. MacKay seconded.

 

      Adopted. 

 

13.  The Committee discussed Proposed Interim Rule INT 2008-7 from the Department of Employment Security (Time and Place for Filing Initial Claims).  Lon Siel testified for the Department.

 

      Rep. Powers moved that the Committee approve Proposed Interim Rule INT 2008-7.

 

      Rep. Casey seconded.

 

      Adopted.

 

**14.   After a break, with Reps. Pilotte, MacKay, Schmidt, Powers, and Casey, and Sens. Fuller Clark and Cilley present, the Committee discussed Final Proposal 2008-10 from the Department of Environmental Services (Drinking Water Programs, Capacity Assurance for Public Water Systems).  Gretchen Hamel and Cynthia Klevens testified for the Department.

 

           Sen. DeVries returned to the meeting during the discussion of this item.

 

           Sen. Cilley moved that the Committee approve Final Proposal 2008-10.

 

           Rep. Schmidt seconded.

 

           Adopted.

 

           Since Rep. Millham was no longer present as an alternate for Rep. Patten, Rep. Pilotte appointed Rep. Casey as an alternate for Rep. Patten instead of for Sen. Downing.

 

15.  The Committee discussed Final Proposal 2008-11 from the Department of Environmental Services (Drinking Water Programs, Capacity Assurance for Proposed Water Systems).  Gretchen Hamel and Cynthia Klevens testified for the Department. 

 

      Sen. DeVries moved that the Committee approve Final Proposal 2007-11.

 

      Sen. Fuller Clark seconded.

 

      Adopted.

 

16.  The Committee discussed postponing further items to the next Committee meeting.

 

      Sen. DeVries moved that the Committee postpone action on the following item to the continued meeting on April 4:

 

10. FP 2007-218

PARI-MUTUEL COMMISSION

Track Licensing

(JLCAR Deadline April 4, 2008.)

 

     Rep. Schmidt seconded.

 

     Adopted.

 

17.  The Committee discussed the response by the Department of Environmental Services to the Committee’s preliminary objection to Final Proposal 2007-211 (Water Quality and Quantity Programs, Shoreland Protection).  Commissioner Thomas Burack, Gretchen Hamel, and Darlene Forst testified for the Department.

 

      The following persons also testified:

            Richard S. Ladd, representing the N.H. Land Surveyors Association. 

            Ari Pollack, representing the N.H. Home Builders Association.

            John Robinson of Gilford, N.H.

            Gerald Miller of Hampton, N.H.

            Eric C. Mitchell, representing the N.H. Land Surveyors Association.

            Paul W. Goodwin, representing Watermark Marine Construction of Gilford, N.H.

 

      Reps. MacKay and Casey left during the discussion of this item.

 

      Sen. Cilley moved that the Committee accept the response and approve the rules.

 

      Rep. Powers seconded.

 

      Adopted.  Rep. Pilotte noted for the record that there were 4 “yes” and 2 “no” votes, with Sens. Fuller Clark and DeVries voting “no”.

 

18.  Rep. Schmidt moved that the Committee recess to April 4.

 

      Rep. Powers seconded.

 

      Adopted, effectively postponing the following item to the continued meeting on April 4:

 

11. Discussion on amendments to Committee rules regarding reconsideration.