Joint Legislative Committee on Administrative Rules
Action Minutes
AUGUST 31, 2006
Members Present: Representatives
Patten, Taylor, Allan, Pilotte*, and Mitchell*, and Senators
(**)
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 9:02 a.m. by Rep.
Patten as Vice-Chair.
Members present at this time, aside from
Rep. Patten, were Reps. Taylor, Allan, Pilotte, and Mitchell, and Senator
Flanders.
Rep. Patten appointed Rep. Pilotte and Rep.
Mitchell as alternates, respectively, for Sen. Estabrook and Sen. Clark, who
were absent.
2. The Committee discussed ratification of its
votes on August 17, 2006 relative to the following Final Proposals and Proposed
Interim Rules:
Approval of Consent Agenda (Final Proposals
and Proposed Interim Rules):
FP 2006-58 |
BOARD OF EDUCATION Elementary Education, English Language Arts
and Social Studies for Middle Schools |
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FP
2006-59 |
BOARD OF MARITAL MEDIATOR CERTIFICATION Definitions |
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FP 2006-60 |
BOARD OF MARITAL MEDIATOR CERTIFICATION Definitions; Application Procedures;
Eligibility Requirements for Certification |
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FP 2006-61 |
BOARD
OF MARITAL MEDIATOR CERTIFICATION Ethical
Standards |
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FP 2006-69 |
DEPARTMENT OF SAFETY Various Motor Carrier Safety Rules |
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FP 2006-70 |
DIVISION OF PERSONNEL Department of
Administrative Services Division of Personnel Organizational Rule
Revisions |
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FP 2006-75 |
DEPARTMENT OF SAFETY Various School Bus Transportation Rules |
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FP 2006-76 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Certification
of Other Qualified Agencies - Definition Change |
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INT 2006-32 |
DEPARTMENT OF HEALTH AND HUMAN
SERVICES Former Division of Human
Services Food Stamp Rules |
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INT 2006-33 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and
Developmental Services Approval and Operation of Community Mental
Health Programs |
Approval of the following Proposed Interim Rules on the regular agenda:
INT 2006-30 |
Department of Environmental Services Division
of Waste Management Hazardous Waste Manifest Rules - Definitions |
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INT
2006-31 |
Department of Environmental Services Division
of Waste Management Hazardous
Waste Manifest Rules |
Conditional approval of the following Final Proposal on the regular agenda:
FP 2006-40 |
INSURANCE DEPARTMENT Ins 400 Filings for Life, Accident and
Health Insurance |
Rep. Taylor moved that the Committee ratify
those votes.
Sen. Flanders seconded.
Adopted.
3. The Committee discussed the minutes of the
regular Committee meeting on August 17, 2006.
Sen. Letourneau arrived during the
discussion of this item.
Rep. Allan moved that the Committee approve
the minutes.
Rep. Taylor seconded.
Adopted.
4. The Committee discussed Final Proposal 2006-71
from the Division of Personnel in the Department of Administrative Services
(Division of Personnel Rules Regarding Rulemaking, Declaratory Rulings, and
Public Comment Hearings). Thomas Kehr
and Karen A. Levchuk, Director of Personnel, testified for the agency.
Rep. Allan moved that the Committee approve
Final Proposal 2006-71.
Rep. Taylor seconded.
Adopted.
5. The Committee discussed Final Proposal 2006-72
from the Division of Personnel in the Department of Administrative Services
(Division of Personnel Rules Regarding Settlement of Disputes and Explanation
of Adopted Rules). Thomas Kehr and Karen
A. Levchuk, Director of Personnel, testified for the agency.
Rep. Allan moved that the Committee approve
Final Proposal 2006-72.
Rep. Taylor seconded.
Adopted.
6. The
Committee discussed Final Proposal 2006-73 from the Division of Personnel in
the Department of Administrative Services (Division of Personnel Rules Chapters
Per 300 through Per 1500). Thomas Kehr,
Mary Ann Steele, and Karen A. Levchuk, Director of Personnel, testified for the
agency.
The
following persons also testified:
William Graham, representing the N.H.
Troopers’ Association.
Stephen J. McCormack, representing the State
Employees’ Association.
Stephen Foster, representing stewards of the
State Employees’ Association.
Rep.
Patten read into the record an e-mail to her dated August 30, 2006 from Senator
Clegg relative to proposed rule Per 1001.02.
Sen.
Letourneau moved that the Committee make a preliminary objection to Final
Proposal 2006-73 based upon testimony
relative to Per 1001.02 on suspension without pay for purposes of
investigation, Per 1002.04(b)(4) on repeated unscheduled absences as a basis
for a written warning, and lack of clarity on what constitutes evidence in the
disciplinary process in Per 1000.
Sen.
Flanders seconded.
Adopted.
7. Sen.
Flanders moved that the Committee adjourn.
Rep.
Taylor seconded.
Adopted.
The
Committee adjourned at 11:21 a.m., effectively postponing consideration of the
following items to the regular Committee meeting on September 21, 2006:
11. Remaining
Responses to Preliminary Objections made in March 24, 2006 Meeting But Not
Yet Received by Committee Staff. |
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(a) OR 2005-213 |
POSTSECONDARY
EDUCATION COMMISSION Pos 1000 Rules
Governing the Evaluation of Institutions of Higher Learning (No JLCAR deadline since agency objection response deadline has been waived.) |
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OTHER
BUSINESS |
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12. Other |
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