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.
Otherwise, agency cannot adopt the interim rule.

 

 

 

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
August 20, 2019.)

 

 

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
Dec. 19, 2019
Regular Meeting

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
Dec. 19, 2019
Regular Meeting

Licensure Requirements, Renewal Requirements, Ethical Standards, and
Physician Assistant Rules

(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
Dec. 19, 2019
Regular Meeting

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
Dec. 19, 2019
Regular Meeting

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.