JOINT LEGISLATIVE COMMITTEE ON
ADMINISTRATIVE RULES
REGULAR MEETING
TENTATIVE AGENDA
NOVEMBER 21, 2019 - 9:00 a.m.
ROOMS 306/308
LEGISLATIVE OFFICE BUILDING
Senate
Members of JLCAR |
House
Members of JLCAR |
|
|
Sen. John Reagan,
Vice-Chair |
Rep. William A. Hatch,
Chair |
Sen. Jeanne Dietsch |
Rep. Kathleen Hoelzel |
Sen. Jay Kahn |
Rep. Carol M. McGuire |
Sen. Ruth Ward |
Rep. Peter B. Schmidt |
Sen. David Watters |
Rep. Kermit Williams |
Sen. Regina
Birdsell (Alt.) |
Rep. Alan Bershtein (Alt.) |
Sen. Shannon
Chandley (Alt.) |
Rep. Timothy Fontneau (Alt.) |
Sen. Martha Fuller
Clark (Alt.) |
Rep. David Karrick (Alt.) |
Sen. Lou
D'Allesandro (Alt.) |
Rep. Timothy Lang (Alt.) |
Sen. James Gray (Alt.) |
Rep. Dianne E. Schuett
(Alt.) |
The
times and order specified for the agenda 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 a.m. Convene, Seating
of Alternates, and Review Minutes
JLCAR Deadlines Noted in Agenda: |
|
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. |
FP - Final Proposal
OR - Preliminary Objection Response
ROR - Revised Objection Response
ER - Emergency Rule
INT - Interim Rule
EXP - Expedited Repeal
EXRF - Expedited Revision to Form
EXIR – Expedited Amendment to Incorporation by
Reference
CONSENT AGENDA |
|
|
|
2. 9:05
a.m. Committee Approval of Final
Proposals and Proposed Interim Rules: |
|
|
|
(a) FP 2019-103 Approval |
DEPARTMENT
REVENUE ADMINISTRATION Tax Credit for Combat Service (JLCAR Deadline December 23,
2019.) |
|
|
(b) FP 2019-130 Approval |
DEPARTMENT OF ENVIRONMENTAL SERVICES Hazardous Waste Programs Hazardous Waste – Organization and Definitions (JLCAR Deadline December 23, 2019.) |
|
|
(c) FP 2019-131 Approval |
DEPARTMENT OF ENVIRONMENTAL SERVICES Hazardous Waste
Programs Hazardous Waste –
Procedural Rules for e-Manifests and Import/Export (JLCAR
Deadline December 23, 2019.) |
|
|
(d) FP 2019-132 Approval |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Hazardous
Waste Programs Hazardous
Waste Amendments: E-Manifest-Related Revisions to Permits, Identification of
Hazardous Waste, Generators, Transporters, Facility Owners/Operators,
Recycling, Universal Waste, Land Disposal Restrictions. (JLCAR Deadline December 23, 2019.) |
|
|
(e) FP 2019-139 Approval |
FISH AND GAME DEPARTMENT Island Fisheries and Fishing
Tournament Rules (JLCAR Deadline November 22,
2019.) |
|
|
(f) FP 2019-143 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of
Human Services Homeless Shelter
Deduction (JLCAR Deadline December 16, 2019.) |
|
|
(g) FP 2019-146 Approval |
OIL FUND DISBURSEMENT BOARD Oil Fund Disbursement
Board – Definitions, Organizational and Procedural Rules (JLCAR Deadline December 26, 2019.) |
|
|
(h) FP 2019-147 Approval |
OIL FUND DISBURSEMENT BOARD Oil Fund Disbursement Board – Rules for
Reimbursement (JLCAR
Deadline December 23, 2019.) |
|
|
(i) FP 2019-149 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former
Division of Mental Health and Developmental Services Personal
Safety Emergencies – Emergency Medication and Other Emergency Treatment) (JLCAR
Deadline December 9, 2019.) |
|
|
(j) FP 2019-159 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Duties and Responsibilities of a Licensee
and Medication Services (JLCAR
Deadline December 23, 2019.) |
|
|
(k) FP 2019-170 Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Radiation
Safety Requirements for Industrial Radiographic Operations (JLCAR Deadline December 23, 2019.) |
|
|
(l) FP 2019-171 Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services The
Physical Protection of Category 1 and Category 2 Quantities of Radioactive
Material (JLCAR Deadline December 23, 2019.) |
|
|
(m) FP 2019-172 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Exemptions from Registration Fee (JLCAR
Deadline December 23, 2019.) |
|
|
(n) INT 2019-30 Approval |
DEPARTMENT
OF SAFETY Mechanical
Licensing Board Breath
Testing Additional Test Intern (JLCAR Deadline February 12, 2020. Rule
implements 2019, 119 (SB50), effective |
|
|
3. 9:10 a.m. Committee
Conditional Approvals: |
|
|
|
(No items.) |
|
|
|
4. 9:15 a.m. Committee
Acceptance of Agency Responses to Objections: |
|
|
|
(No items.) |
|
|
|
5. 9:16 a.m. Committee
Issuance of Preliminary or Revised Objections to Final Proposals: |
|
|
|
(No Items.) |
|
|
|
NOTE: The following proposals were conditionally approved by the
Committee on the dates indicated. Also
noted are whether there are agency responses and subsequent confirmation by
the Office of Legislative Services that the proposals have been amended as
conditionally approved. No further
Committee action is required in that case. |
|
|
|
Conditionally Approved October 17, 2019: |
|
|
|
FP 2019-69 |
PEASE DEVELOPMENT AUTHORITY Rules Regarding Permitting and Setting
Moorings and Anchorages (Response not yet received.) |
|
|
FP 2019-133 |
BOARD OF FAMILY MEDIATOR CERTIFICATION Continuing
Education and Requirement to Screen (Response received November 7, 2019 and confirmed
November 8, 2019.) |
|
|
FP 2019-142 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Child-Placing Agency Licensing Requirements (Response
received October 22, 2019 and confirmed October 22, 2019.) |
|
|
FP 2019-68 |
DEPARTMENT OF JUSTICE Victims' Compensation (Response received November 14, 2019
and confirmed November 19, 2019.) |
|
|
FP 2019-102 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs Administrative Procedures for Grants and
Loans from the Drinking Water and Groundwater Trust Fund (Response
received October 21, 2019 and confirmed October 21, 2019.) |
|
|
FP 2019-110 |
BOARD OF PSYCHOLOGISTS Petition for Waiver (Response
not yet received.) |
|
|
Conditionally Approved November 7, 2019: |
|
|
|
FP 2019-108 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Rules
for Ambulatory Surgical Centers (Response received November 18, 2019 and
confirmed November 19, 2019.) |
|
|
FP 2019-121 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former
Division of Mental Health and Developmental Services Certification
Standards for Behavioral Health Community Residences (Response received November 8, 2019 and
confirmed November 12, 2019.) |
|
|
FP 2019-67 |
REAL
ESTATE COMMISSION Amendments
to Organizational Rules, Practice and Procedural Rules, Licensing Requirements,
and Continued Status (Response not yet received.) |
|
|
FP 2019-72 |
PHARMACY
BOARD Investigations (Response not yet received.) |
|
|
FP 2019-94 |
ELECTRICIANS’
BOARD Apprentice
Qualifications (Response not yet received.) |
|
|
REGULAR AGENDA |
|
|
|
6. 9:18 a.m. Consider
postponing action on certain items to another meeting. |
|
|
|
7. 9:20
a.m. DEPARTMENT OF SAFETY |
|
|
|
(a)
FP 2019-89 Approval with
Recommendation |
Commissioner Licensing
of Private Investigators, Security Guards, and Bail Recovery Agents (JLCAR Deadline November 25, 2019.) |
|
|
(b) FP 2019-174 Conditional
Approval |
Commissioner Various
Motor Vehicle Inspection Rules (JLCAR Deadline December 23, 2019.) |
|
|
8. 9.30
a.m. PASSENGER TRAMWAY SAFETY BOARD |
|
|
|
FP 2019-148 Conditional
Approval |
Passenger
Tramway Safety Rules (JLCAR
Deadline December 16, 2019.) |
|
|
9. 9:35
a.m. LIQUOR COMMISSION |
|
|
|
(a) FP 2019-92 Conditional
Approval |
Direct
Shipping (JLCAR Deadline November 25, 2019.) |
|
|
(b) EXRF 2019-5 Withdrawn No
Further Action |
Request for Application (Mini-app) (No JLCAR Deadline.) |
|
|
10. 9:45
a.m. DEPARTMENT OF REVENUE
ADMINISTRATION |
|
|
|
FP 2019-95 Approval
with Recommendation |
Low and Moderate Income
Homeowners Property Tax Relief. (JLCAR Deadline December 23, 2019.) |
|
|
11. 9:50
a.m. DEPARTMENT OF HEALTH AND HUMAN
SERVICES |
|
|
|
(a) FP 2019-101 Conditional
Approval |
Division of Elderly and
Adult Services Social Services Block Grant
(Title XX) (JLCAR Deadline December 9, 2019.) |
|
|
(b) FP 2019-105 Conditional
Approval |
Former
Division of Public Health Services Healthcare
Associated Infections Reporting (JLCAR Deadline December 16, 2019.) |
|
|
(c) FP 2019-124 Conditional
Approval |
Former
Division of Public Health Services Adult
Family Care Residences (JLCAR Deadline December 12, 2019. Former rules expired September 16, 2019.) |
|
|
(d) FP 2019-137 Conditional
Approval |
Former
Division of Mental Health and Developmental Services Rights
Protection Procedures for Developmental Services (JLCAR Deadline December 6, 2019.) |
|
|
(e) FP 2019-141 Conditional
Approval |
Former
Division of Human Services Dental
Services (JLCAR Deadline December 16, 2019. Former interim rules expired November 18,
2019.) |
|
|
(f) INT 2019-31 Withdrawn No
Further Action |
Commissioner – WITHDRAWN, NO FURTHER ACTION NECESSARY Child
Care Scholarship Standard Rate Methodology (JLCAR Deadline February 12, 2020. Rule implements a federal requirement.) |
|
|
(g) INT 2019-32 Withdrawn No
Further Action |
Commissioner
– WITHDRAWN, NO FURTHER ACTION
NECESSARY Child
Care Billing and Payment Requirements (JLCAR Deadline February 12, 2020. Rule implements a federal requirement.) |
|
|
(h) OR 2019-100 Postponed
to |
Former
Division of Public Health Services Rules
for Residential Treatment and Rehabilitation Facilities (JLCAR Deadline February 11, 2020. Former interim rules expired August 19,
2019.) (Response
not yet filed. Response due by
December 23, 2019.) |
|
|
12. 10:20
a.m. BOARD OF MEDICINE |
|
|
|
OR 2019-46 Postponed
to |
Licensure
Requirements, Renewal Requirements, Ethical Standards, and (JLCAR Deadline February 11, 2020.) (Response
not yet filed. Response due by
December 23, 2019.) |
|
|
13. 10:25
a.m. PHARMACY BOARD |
|
|
|
OR 2019-74 Postponed to |
Inspections (JLCAR
Deadline February 11, 2020.) (Response not yet filed. Response due by December 23, 2019.) |
|
|
14. 10:30
a.m. BOARD OF ACCOUNTANCY |
|
|
|
OR 2019-107 Postponed to |
Application for Initial Certification,
Reciprocity, and Return to Active Practice (JLCAR
Deadline February 11, 2020.) (Response not yet filed. Response due by December 23, 2019.) |
|
|
OTHER BUSINESS |
|
15. 10:35
a.m. |