JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR MEETING
TENTATIVE AGENDA
JANUARY
18, 2007 - 9:00 a.m.
ROOMS 306/308 LEGISLATIVE OFFICE BUILDING
Senate
Members of JLCAR |
House
Members of JLCAR |
Martha Fuller Clark |
Maurice L. Pilotte |
Jacalyn L. Cilley |
Peter B. Schmidt |
Betsi DeVries |
Bonnie G. Mitchell |
Robert J. Letourneau |
Betsey L. Patten |
Michael Downing |
James R. MacKay |
Iris W. Estabrook (Alt.) |
John DeJoie (Alt.) |
Kathleen G. Sgambati
(Alt.) |
James F. Powers (Alt.) |
Peter Hoe Burling (Alt.) |
Kimberley S. Casey (Alt.) |
Joseph D. Kenney (Alt.) |
Sharon M. Carson (Alt.) |
Peter E. Bragdon (Alt.) |
Alida I. Millham (Alt.) |
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The times and
order specified for the agenda and items listed below are only tentative. The Committee may change the order or may
change the amount of time allotted for such items.
1. 9:00 am Convene and Review Minutes |
10.
10:40 am FP's 2006-113 & 114 Hum |
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11.
10:45 am FP's 2006-146 & 147
Env-Or |
Consent
Agenda |
12.
11:45 am OR 2006-154 Pari |
2. 9:05 am Final
Proposals |
13.
12:15 pm INT 2007-1 Ac |
3. 9:10 am Objection
Responses |
14. 1:00 pm LUNCH
BREAK |
4. 9:12 am Preliminary
Objections |
15. 2:00 pm FP
2006-81 Nur |
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16. 2:45 pm FP
2006-165 Saf-C |
Regular
Agenda |
17. 3:15 pm FP
2006-117 Rev |
5. 9:15 am Postpone
Items |
18. 3:45 pm FP
2006-153 Tra |
6. 9:20 am FP's 2006-140 & 164
& INT 2006-47 He-P |
19. 4:00 pm OR's
from 1-5-07 Meeting |
and Disc. on ER He-C |
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7. 10:00 am FP
2006-119 Fis |
Other
Business |
8. 10:15 am INT
2006-42 Puc |
20. 4:15 pm Other |
9. 10:30 am FP
2006-137 Nat |
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FP - Final Proposal
OR - Preliminary Objection Response
ROR - Revised Objection Response
ER – Emergency Rule
INT – Interim Rule
1. Convene and Review Minutes
JLCAR Deadlines Noted Below: |
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For
OR's and ROR's: |
Deadline
is for sponsoring a joint resolution. |
For
FP's: |
Deadline
is for approval, conditional approval, or preliminary objection. Otherwise,
rule is automatically approved. |
For
INT's: |
Deadline
is for approval or conditional approval. |
CONSENT
AGENDA |
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2. Committee
Approval of Final Proposals and Proposed Interim Rules: |
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(a) FP 2006-95 Approval |
REAL ESTATE COMMISSION Organizational Definitions (JLCAR Deadline February 9, 2007.) |
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(b) FP 2006-96 Approval |
REAL ESTATE COMMISSION Adjustment by Conciliation
Procedures (JLCAR Deadline February 9, 2007.) |
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(c) FP 2006-97 Approval |
REAL ESTATE COMMISSION Fees, Filing Requirements,
Accreditation Requirements, Examinations & Reciprocity (JLCAR Deadline February 9, 2007.) |
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(d) FP 2006-98 Approval |
REAL ESTATE COMMISSION Brokerage Contracts (JLCAR Deadline February 9, 2007.) |
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(e) FP 2006-99 Approval |
REAL ESTATE COMMISSION Agency Code of Ethics (JLCAR Deadline February
9, 2007.) |
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(f) FP 2006-100 Approval |
REAL ESTATE COMMISSION Agency & Non-Agency Disclosure, Trust Accounts and Cooperating
Brokerage Agreements (JLCAR Deadline February 9,
2007.) |
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(g) FP 2006-112 Approval |
COMMISSION FOR HUMAN RIGHTS Organization (JLCAR Deadline January 29,
2007.) |
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(h) FP
2006-135 Approval |
NATUROPATHIC BOARD OF EXAMINERS Fees (JLCAR Deadline February
19, 2007.) |
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(i)
FP 2006-136 Approval |
NATUROPATHIC BOARD OF EXAMINERS Biennial
Renewal (JLCAR Deadline February
19, 2007.) |
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(j)
FP 2006-156 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and
Developmental Services Eligibility and the Process of Providing
Services (JLCAR
Deadline February 19, 2007.) |
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3. Committee Acceptance of Agency Responses to
Objections: |
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(a)
OR 2006-123 Accepted/Approved |
DEPARTMENT OF AGRICULTURE,
MARKETS, AND FOOD Livestock Events (JLCAR Deadline April 11, 2007.
Former regular rules expired |
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(b)
OR 2006-151 Accepted/Approved |
DEPARTMENT OF SAFETY 2006 Watercraft Restriction
Rules (JLCAR Deadline March 27, 2007.) |
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4. Committee Issuance of Preliminary or
Revised Objections to Final Proposals: |
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(Selected items) |
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REGULAR AGENDA |
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5. Consider postponing action on certain
items to another meeting. |
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6. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
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(a) FP 2006-140 Approval |
Former
Division of Public Health Services Financial
Assistance to Partially Fund Towns or Cities for Mosquito Control Activities (JLCAR Deadline January 22, 2007.
Former emergency rules expired January 13, 2007.) (Formerly Item #15(d) on 1-5-07 agenda.) |
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(b) FP 2006-164 Approval
with Recommendation |
Former
Division of Public Health Services Requirements
for the Control of Radiation and Use of Radioactive Material (JLCAR
Deadline February 19, 2007. Existing
interim rules expire February 2, 2007.) |
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(c) INT 2006-47 Approval
with Understanding |
Former
Division of Public Health Services Requirements
for the Control of Radiation and Use of Radioactive Material (JLCAR Deadline March 29, 2007. Existing regular rules expire February 1,
2007.) |
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(d) Discussion on the following emergency rule
effective January 1, 2007: |
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Document #8784 No
Further Action |
Commissioner Assessment
and Evaluation of Persons Eligible for Involuntary Civil Commitment as
Sexually Violent Predators (No JLCAR Deadline. Emergency rule will expire June 30,
2007. JLCAR may only petition for
repeal, if appropriate, pursuant to RSA 541-A:18, IV.) |
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NOTE:
The following final proposal listed on the agenda in the January 12,
2007 Rulemaking Register was incomplete and will be re-filed for the
February 16, 2007 meeting: |
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FP 2006-161 |
Commissioner Adoption
Subsidies (JLCAR Deadline February 19, 2007.) |
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7. FP 2006-119 Approval |
FISH
AND GAME DEPARTMENT Use
of Leashed Dogs for Tracking Big Game Animals (JLCAR Deadline January 22, 2007.) (Formerly Item #19(a) on 1-5-07 agenda.) |
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8. INT 2006-42 Approval
with Understanding |
PUBLIC
UTILITIES COMMISSION N.H.
Code for Energy Conservation in New Building Construction (JLCAR Deadline March 8, 2007. Existing regular rules will expire February
1, 2007.) (Formerly Item #20 on 1-5-07 agenda.) |
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9. FP 2006-137 Approval |
NATUROPATHIC
BOARD OF EXAMINERS Revocation,
Suspension, and Other Sanctions (JLCAR Deadline February 19, 2007.) |
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10. COMMISSION FOR HUMAN RIGHTS |
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(a)
FP 2006-113 Approval |
Proceedings Prior to Public Adjudicative
Hearing (JLCAR
Deadline January 29, 2007.) |
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(b) FP 2006-114 Approval |
Public
Adjudicative Hearings and Other Practices and Procedures. (JLCAR Deadline January 29, 2007.) |
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11. DEPARTMENT OF ENVIRONMENTAL SERVICES |
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(a)
FP 2006-146 Conditional
Approval |
Oil and Remediation Programs Contaminated Site Management
and Groundwater Release Detection Permits (JLCAR Deadline January 29, 2007.) |
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(b) FP 2006-147 Approval |
Oil and Remediation Programs Brownfields Program under RSA 147-F (JLCAR
Deadline January 29, 2007.) |
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12. OR 2006-154 Final
Objection |
PARI-MUTUEL
COMMISSION Games
of Chance (JLCAR Deadline April 30, 2007. Existing interim rules will expire January
21, 2007.) |
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13. INT 2007-1 Approval
with Recommendation |
BOARD
OF ACCOUNTANCY Rules
of the Board of Accountancy (Except Fees). (JLCAR Deadline April 12, 2007. Former regular rules expired December 4,
2006.) |
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14. LUNCH BREAK |
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15. FP 2006-81 Postponed to
2/2/07 Continued Meeting |
BOARD
OF NURSING Licensing
Requirements; Continued Status; Ethical Standards; Education; Nursing
Assistants; Certificate of Medication Administration for Licensed Nursing
Assistants and Medication Administration Education Program (JLCAR Deadline February 5, 2007. Former interim rules expired December 21,
2006.) |
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16. FP 2006-165 Postponed to
2/2/07 Continued Meeting |
DEPARTMENT
OF SAFETY Plea
by Mail and Telephone Rules (JLCAR Deadline February 22, 2007. Former regular rules expired November 25,
2006.) |
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17. FP 2006-117 Postponed to
2/2/07 Continued Meeting |
DEPARTMENT
OF REVENUE ADMINISTRATION Definition
of Manual; Equalization Manual; Forms and Data Sheets (JLCAR Deadline February 19, 2007.) |
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18. FP 2006-153 Postponed to
2/2/07 Continued Meeting |
DEPARTMENT
OF TRANSPORTATION Relocation
Assistance (JLCAR Deadline February 19, 2007.) |
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19. Remaining
Responses to Preliminary Objections made in January 5, 2007 Meeting But Not
Yet Received by Committee Staff. |
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(a) OR 2006-134 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Durable
Medical Equipment, Prosthetic and Orthotic Devices, and Medical Supplies (JLCAR Deadline April 20, 2007. Former regular rules expired December 29,
2003.) |
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(b) OR
2006-150 |
BOARD OF MEDICINE Rules Regarding Practice and Procedures for
Physicians Licensed in New Hampshire (JLCAR Deadline
April 20, 2007. Existing interim rules
expired December 13, 2006.) |
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OTHER BUSINESS |
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20. Other |
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