Joint Legislative Committee on Administrative Rules

 

 

Action Minutes

 

AUGUST 31, 2006

 

 

Members Present:   Representatives Patten, Taylor, Allan, Pilotte*, and Mitchell*, and Senators Flanders and Letourneau.  (*) Indicates alternate members.

 

(**)  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

 

 

FP 2006-59

BOARD OF MARITAL MEDIATOR CERTIFICATION

Definitions

 

 

FP 2006-60

BOARD OF MARITAL MEDIATOR CERTIFICATION

Definitions; Application Procedures; Eligibility Requirements for Certification

 

 

FP 2006-61

BOARD OF MARITAL MEDIATOR CERTIFICATION

Ethical Standards

 

 

FP 2006-69

DEPARTMENT OF SAFETY

Various Motor Carrier Safety Rules

 

 

FP 2006-70

DIVISION OF PERSONNEL

Department of Administrative Services

Division of Personnel Organizational Rule Revisions

 

FP 2006-75

DEPARTMENT OF SAFETY

Various School Bus Transportation Rules

 

 

FP 2006-76

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Certification of Other Qualified Agencies - Definition Change

 

 

INT 2006-32

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Food Stamp Rules

 

 

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

 

 

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.

 

         (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.)

 

 

OTHER BUSINESS

 

12.    Other