JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

DECEMBER 17, 2009 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING*

 

*Room 307 is available as a work room for agencies.

 

Senate Members of JLCAR

House Members of JLCAR

Jacalyn L. Cilley

Maurice L. Pilotte

Martha Fuller Clark

Peter B. Schmidt

Amanda Merrill

Betsey L. Patten

Robert J. Letourneau

Suzanne H. Gottling

Sharon M. Carson

Alida I. Millham

Kathleen G. Sgambati (Alt.)

Laurie J. Boyce (Alt.)

Matthew S. Houde (Alt.)

Kathleen N. Taylor (Alt.)

Betsi DeVries (Alt.)

Kimberley S. Casey (Alt.)

Michael Downing (Alt.)

Tara A. Sad (Alt.)

 

David H. Kidder (Alt.)

 

in its quest to improve the committee process, the committee requests for the next few months that agency personnel please sign in and out of the meeting rooms.  the purpose is to get data available for the lean process improvement project.

 

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.  10:15 am    INT 2009-19 Env-Ws, FP's 2009-182

2.    9:05 am    Review Proposed 2010 Meeting Schedule

                        & 183 Env-Dw, & ER Env-Ws

 

11.  10:45 am    INT's 2009-21 thru 23 Emp

Consent Agenda

12.  11:15 am    FP 2009-179 Agr

3.    9:10 am    Final Proposals

13.  12:15 pm    FP 2009-166 He-P

4.    9:15 am    Objection Responses

14.    1:00 pm    LUNCH BREAK

5.    9:17 am    Preliminary Objections

15.    2:00 pm    FP 2009-156 Pda

 

16.    3:00 pm    FP 2009-178 He-W & OR 2009-95 He-C

Regular Agenda

17.    4:30 pm    OR's from 11-19-09 Meeting

6.    9:18 am    Postpone Items

18.    4:45 pm    OR's from 12-3-09 Meeting

7.    9:20 am    FP 2009-118 Fis

 

8.    9:40 am    FP 2009-117 Den

Other Business

9.  10:00 am    FP 2009-173 Ins

19.    5:00 pm    Other

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal


1.   Convene and Review Minutes

 

JLCAR Deadlines Noted Below:

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.

 

 

2.   Review Proposed 2010 Meeting Schedule. Approval

 

CONSENT AGENDA

 

3.   Committee Approval of Final Proposals and Proposed Interim Rules:

 

 

(a)  FP 2009-106

Approval

BOARD OF ARCHITECTS

Rules Regarding the Renewal Application, Denial of Renewal and Continuing Education

(JLCAR Deadline January 4, 2010.)

 

 

(b)  FP 2009-126

Approval

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Clarification for Eligibility for Conditional License

(JLCAR Deadline December 28, 2009.)

 

 

(c)  FP 2009-127

Approval

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Add Requirement for Statement of Non-Practice

(JLCAR Deadline December 28, 2009.)

 

 

(d)  FP 2009-174

Approval

NATUROPATHIC BOARD OF EXAMINERS

Formulary

(JLCAR Deadline January 14, 2010.)

 

 

(e)  FP 2009-175

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Transportation of Radioactive Material

(JLCAR Deadline January 18, 2010.)

 

 

(f)  FP 2009-177

Approval

FISH AND GAME DEPARTMENT

Various Fish and Game Marine License Forms

(JLCAR Deadline January 19, 2010.)

 

 

(g)  FP 2009-180

Approval

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Weekly Market Bulletin

(JLCAR Deadline January 15, 2010.)

 

 

(h)  FP 2009-181

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Solid Waste Programs

Asbestos Disposal Sites

(JLCAR Deadline January 18, 2010.)

 

 

(i)  FP 2009-184

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Chiropractor Services

(JLCAR Deadline January 18, 2010.)

 

 

(j)  FP 2009-185

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Elderly and Adult Services

Nursing Facility Reimbursement

(JLCAR Deadline January 18, 2010.)

 

 

(k)  FP 2009-186

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

State Children's Health Insurance Program Premiums

(JLCAR Deadline January 18, 2010.)

 

 

(l)  INT 2009-20

Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Wages During Week Claimed

(JLCAR Deadline March 4, 2010.  Existing rules will expire December 30, 2009.)

 

 

(m)  INT 2009-24

Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Approved Training

(JLCAR Deadline March 4, 2010.  Existing rules will expire December 30, 2009.)

 

 

4.   Committee Acceptance of Agency Responses to Objections:

 

 

(a)  ROR 2009-96

Accepted/Approved

DEPARTMENT OF SAFETY

Board of Electricians Practice and Procedural Rules and Bureau of Electrical Safety and Licensing Rules

(JLCAR Deadline March 9, 2010.)

 

 

5.   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 December 3, 2009:

 

FP 2009-85

INSURANCE DEPARTMENT

Insurance Scores

(Response received 12-11-09 and confirmed 12-14-09.)

 

 

FP 2009-131

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Massage Therapy

(Response received 12-4-09 and confirmed 12-4-09.)

 

 

FP 2009-132

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Electrology

(Response received 12-4-09 and confirmed 12-4-09.)

 

 

REGULAR AGENDA

 

6.   Consider postponing action on certain items to another meeting.

 

 

7.   FP 2009-118

Conditional Approval

 

FISH AND GAME DEPARTMENT

Various Fish and Game Rules Relative to Practice and Procedure

(JLCAR Deadline December 21, 2009.)

 

 

8.   FP 2009-117

Conditional Approval with Recommendation

BOARD OF DENTAL EXAMINERS

Board Fees, Hygienists Duties, Renewal and Monitoring and Ethical Duties

(JLCAR Deadline January 4, 2010.)

 

 

9.   FP 2009-173

Approval with Understanding

INSURANCE DEPARTMENT

Automobile Insurance

(JLCAR Deadline January 8, 2010.)

 

 

10. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  INT 2009-19

Approval

Division of Water

Public Notice Requirements for Public Water Systems

(JLCAR Deadline  March 4, 2010.  Most of the existing rules will expire January 1, 2010.)

 

 

(b)  FP 2009-182

Approval

Drinking Water Programs

Disinfection Residuals, Byproducts, and Byproduct Precursers

(JLCAR Deadline January 18, 2010.)

 

 

(c)  FP 2009-183

Approval

Drinking Water Programs

Filtration, Disinfection, and Waste Recycling

(JLCAR Deadline January 18, 2010.)

 

 

(d)  Discussion on emergency rule effective December 1, 2009:

No Further Action

 

 

Doc. #9606

 

Division of Water

Monitoring, Reporting, and Compliance; Laboratory Techniques

 

 

11. DEPARTMENT OF EMPLOYMENT SECURITY

 

 

(a)  INT 2009-21

Conditional Approval

Employment Services; Work Search

(JLCAR Deadline March 4, 2010.  Existing rules will expire December 30, 2009.  Other amendments included.)

 

 

(b)  INT 2009-22

Conditional Approval

Overpayment Without Fault; Waiting Week

(JLCAR Deadline March 4, 2010.  Rule implements 2009, 249:1 (SB 89-FN) and 2009, 321:7 and 8 (SB 129), effective January 1, 2010.)

 

 

(c)  INT 2009-23

Approval with Understanding

Termination of Employment

(JLCAR Deadline March 4, 2010.  Rule implements 2009, 219:1 (SB 144-FN), effective September 13, 2009.)

 

 

12. FP 2009-179

Objection

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD
Weights and Measures

(JLCAR Deadline January 15, 2010.  Former interim rule expired September 9, 2009.)

 

 

13. FP 2009-166

Objection

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Walk-In Care Centers

(JLCAR Deadline January 18, 2010.)

 

 

14. LUNCH BREAK

 

 

15. FP 2009-156

Postponed to 1/8/10 Continued Meeting

PEASE DEVELOPMENT AUTHORITY

Moorings and Anchorages

(JLCAR Deadline January 18, 2010.)

 

 

16. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2009-178

Postponed to 1/8/10 Continued Meeting

Former Division of Human Services

Emergency Assistance Program

(JLCAR Deadline January 18, 2010.)

 

 

(b)  OR 2009-95

Postponed to 1/8/10 Continued Meeting

Commissioner

Allocation and Distribution of Incentive Fund Grants

(JLCAR Deadline January 29, 2010.)

 

 

17. Responses to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2008-165

Postponed to 1/8/10 Continued Meeting

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(JLCAR Deadline February 23, 2010.)

 

 

(b)  OR 2008-166

Postponed to 1/8/10 Continued Meeting

BOARD OF MENTAL HEALTH PRACTICE

Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees

(JLCAR Deadline February 23, 2010.)

 

 

18.   Response to Preliminary Objection Made in December 3, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2009-116

Postponed to 1/8/10 Continued Meeting

INSURANCE DEPARTMENT

New Hampshire Long-Term Care Partnership Program

(JLCAR Deadline March 9, 2010.)

 

 

OTHER BUSINESS

 

19. Other