JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JUNE 19, 2009
Members Present: Representatives Pilotte, Patten, Gottling, Millham, Boyce*,
(**) 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. Pilotte as Vice-Chair.
Members present at this time, aside from Rep.
Pilotte, were Reps. Patten, Gottling,
2. The Committee discussed the minutes of the
Committee meeting on May 15, 2009.
Rep. Boyce arrived during the discussion of
this item.
Rep. Patten moved that the minutes be
approved.
Rep. Millham seconded.
Rep. Pilotte appointed Reps. Taylor, Sad,
Kidder, and Boyce as alternates, respectively, for Rep. Schmidt, Sen. Cilley,
Sen. Letourneau, and Sen. Merrill.
The motion to approve the minutes was
adopted.
3. The Committee discussed the following final proposals and proposed interim rules from the agencies indicated (Consent Agenda – Final Proposals and Proposed Interim Rules):
FP 2008-257 |
DEPARTMENT OF SAFETY Electronic Toll Collection Hearings |
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FP 2009-35 |
DEPARTMENT OF CORRECTIONS Practice and Procedure |
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FP 2009-37 |
DEPARTMENT OF
CORRECTIONS Offender Classification |
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FP 2009-42 |
INSURANCE DEPARTMENT Claim Settlement for Property and Casualty Insurance |
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FP 2009-44 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Water Quality and Quantity Programs Clean Lakes Program Amendments |
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FP 2009-45 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Hazardous Air Pollutants, Federal Standards Update |
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FP 2009-46 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Financial Assistance to Needy Families
Standard of Need |
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FP 2009-48 |
BOARD OF HOME INSPECTORS Rules Regarding Practice and Procedure |
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FP 2009-49 |
BOARD OF HOME INSPECTORS Explanation After Adoption |
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FP 2009-55 |
DEPARTMENT OF REVENUE ADMINISTRATION Reports Required |
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FP 2009-65 |
FISH AND GAME DEPARTMENT Recreational Length Limit for Haddock |
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FP 2009-70 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Disbursement of Child Support Payments |
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INT 2009-13 |
REAL
ESTATE COMMISSION Programs of Study Accreditation and
Re-accreditation |
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INT 2009-14 |
FISH AND GAME DEPARTMENT Fish and Game Boat Access Rules |
Sen. Carson arrived during the discussion
of this item.
Rep. Pilotte appointed Sen. Carson as an
alternate for Sen. Fuller Clark, who was absent.
Rep. Boyce moved that the Committee approve
the final proposals and proposed interim rules.
Rep. Millham seconded.
Adopted.
4. The Committee discussed whether to postpone
the following items to the next Committee meeting:
15. BOARD OF HOME INSPECTORS |
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(a) FP 2009-47 |
Organizational Rules (JLCAR Deadline July 6, 2009.) |
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(b) FP 2009-50 |
Rules Regarding Applications and Qualifications for Licensure, Fees, Renewals, Continuing Education, and Ethical Standards and Standards of Conduct (JLCAR Deadline July 6, 2009.) |
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16. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) FP 2009-53 |
Former Division of Mental Health and Development Services Clinical Records (JLCAR Deadline July 20, 2009.) |
(b) FP 2009-54 |
Former Division of Mental Health and Development Services Admissions to Glencliff Home (JLCAR Deadline July 20, 2009.) |
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(c) FP 2009-60 |
Former Division of Mental Health and Development Services Approval and Operation of Community Mental Health Programs (JLCAR Deadline July 20, 2009.) |
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(d) FP 2009-39 |
Former Division of Mental Health and Developmental Services Medical and Psychiatric Emergencies. (JLCAR Deadline July 20, 2009.) |
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(e) FP 2009-59 |
Former Division of Public Health Services Home Care Service Providers (JLCAR Deadline July 20, 2009.) |
Rep. Patten moved that the Committee postpone
Item #15 and Items #16 (a), (b), and (c) to the continued meeting on June 26,
2009, and postpone Items 16 (d) and (e) to the regular Committee meeting on
July 16, 2009.
Sen. Carson seconded.
Adopted.
5. The Committee discussed the response by the
following agency to the Committee’s revised objection (Consent Agenda –
Response to Preliminary and Revised Objections):
ROR 2008-221 |
DEPARTMENT OF RESOURCES AND ECONOMIC
DEVELOPMENT Rules for the Job Training Program |
Rep. Patten moved that the Committee accept
the response and approve the rules.
Rep. Boyce seconded.
Adopted.
6. The Committee discussed Proposed Interim Rule
INT 2009-12 from the Department of Health and Human Services (Former Office of
Alcohol and Drug Abuse Prevention, Certification and Operation of Alcohol and
Other Drug Disorder Treatment Programs).
Rep. Patten moved that the Committee
approve Proposed Interim Rule INT 2009-12.
Rep. Taylor seconded.
Adopted.
7. The Committee discussed Final Proposal 2009-1
from the Insurance Department (Uniform Reporting System for Health Care Claims
Data Sets). Leslie Ludtke, Deborah
O’Loughlin, and Andrew Chalsma testified for the Department.
Sen. Cilley arrived during the discussion
of this item. Rep. Sad therefore was not
voting at this time.
Rep. Taylor left the meeting during the
discussion of this item.
Rep. Patten moved that the Committee
approve Final Proposal 2009-1 with the understanding that the Department would
seek legislation to exempt these rules from the drafting requirements of the Drafting
and Procedure Manual for Administrative Rules pursuant to RSA 541-A:8 and
that the policy committees would also look at other issues such as the
collection and use of race and ethnicity data.
Rep. Kidder seconded.
Rep. Pilotte appointed Rep. Sad as an
alternate for Rep. Schmidt, who was absent.
The motion was adopted.
8. The Committee discussed Final Proposal
2009-40 from the Insurance Department (Mortality Tables for Use in Determining Reserve
Liabilities for Annuities).
Rep. Patten moved that the Committee
approve Final Proposal 2009-40.
Rep. Gottling seconded.
Adopted.
9. The Committee discussed Final Proposal
2009-41 from the Insurance Department (Third Party Administrators). Deborah O’Loughlin, Leslie Ludtke, and Michael
Wilkey testified for the Department.
The Department had requested a conditional
approval in a letter dated June 17, 2009 and amended rule dated June 16, 2009.
Rep. Patten moved that the Committee
accept the conditional approval request and conditionally approve Final
Proposal 2009-41 based on the request.
Rep. Millham seconded.
Adopted.
10. The Committee discussed Final Proposal 2009-51
from the Insurance Department (Standard Wellness Plan Rate and Form Filing
Standards). Leslie Ludtke and Michael
Wilkey testified for the Department.
The Department had requested a conditional
approval in a letter dated June 17, 2009 and amended rule dated June 16, 2009.
Marla Matthews of Gallagher, Callahan, and
Gartrell, representing MVP Healthcare, also testified.
Rep. Taylor returned to the meeting during
the discussion of this item but was not appointed at this time for a regular
member and so was not voting.
Rep. Patten moved that the Committee
accept the request for conditional approval and conditionally approve Final
Proposal 2009-51 based on the request.
Rep. Boyce seconded.
Adopted.
11. The Committee discussed Final Proposal 2009-29
from the Guardian ad Litem Board (Revisions of GAL Rules on Allegations of
Misconduct, Certification Requirements, and Continued Status). Thomas Kehr of the Department of
Administrative Services and Jack Lightfoot, Board Chair, testified for the
Board.
Sen. Cilley left the meeting during the
discussion of this item. Rep. Pilotte
then appointed Rep. Taylor as an alternate for Sen. Cilley.
Rep. Patten moved that the Committee
approve Final Proposal 2009-79.
Rep. Boyce seconded.
Adopted.
12. The Committee discussed Finial Proposal
2009-13 from the Board of Education (English Language Arts and Social Studies
for Middle and High School Certification and Teacher Preparation
Programs). Dr. Judith Fillion testified
briefly for the Board.
Rep. Patten and Rep. Kidder left the meeting
during the discussion of this item.
Rep. Millham moved that the Committee
approve Final Proposal 2009-13.
Sen. Carson seconded.
Adopted.
13. The Committee discussed Final Proposal 2009-36
from the Department of Corrections (Operation and Management of Correctional
Department Activities). William
McGonagle, Assistant Commissioner of the Department, and Walter Pazdon of the
Department of Justice testified for the Department of Corrections.
Rep. Kidder returned to the meeting during
the discussion of this item, and Sen. Carson left.
The Department submitted a request in the
meeting for conditional approval to amend rule Cor 306.03(d)(2) with the words
“Based upon the information used to determine probable cause” inserted at the
start of the second sentence.
Rep. Gottling moved that the Committee
accept the conditional approval request and conditionally approve Final
Proposal 2009-36 based on the request.
Rep. Taylor seconded.
Adopted.
14. The Committee discussed Final Proposal 2009-38
from the N.H. Lottery Commission (Rules of N.H. Powerball). Rick Wisler testified for the Commission.
Rep. Boyce moved that the Committee
approve Final Proposal 2009-38.
Rep. Taylor seconded.
Adopted.
15. The Committee discussed Final Proposal 2008-263
from the Department of Safety (Licensing of Private Detectives and Security
Guard Rules). Marta Modigliani and Capt.
Stephen W. Barrett testified for the Department.
Rep. Boyce moved that the Committee
approve Final Proposal 2009-263.
Rep.
Kidder seconded.
Adopted.
Rep. Pilotte noted for the record that
Reps. Gottling, Taylor, and Pilotte voted “no”.
16. The Committee discussed Final Proposal 2009-57
from the Department of Safety (Administrative Fees Rules). Sheri Kelloway and Jeffrey Phillips testified
for the Department.
Sen. Carson returned to the meeting during
the discussion of this item.
Rep. Kidder moved that the Committee
approve Final Proposal 2009-57.
Rep. Gottling seconded.
Adopted.
17. The Committee discussed the response by the
Department of Environmental Services to the Committee’s preliminary objection
to Final Proposal 2009-19 (Drinking Water Programs, Water Supply Land
Protection Grant Program). Gretchen
Hamel and Holly Green testified for the Department.
Rep. Millham moved that the Committee
accept the response and approve the rules.
Sen. Carson seconded.
Adopted.
18. Rep. Taylor moved that the Committee recess.
Rep. Gottling seconded.
Adopted.
The Committee recessed at 12:21 p.m., effectively
postponing the following item to the continued Committee meeting on June 26:
OTHER BUSINESS |
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17. Other |
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