REGULAR MEETING

TENTATIVE AGENDA

DECEMBER 18, 2003 - 9:00 a.m.

ROOMS 306/308 - LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Clifton C. Below, Vice-Chair

Betsey L. Patten, Chair

Iris W. Estabrook

Michael O'Neil

Robert B. Flanders

Robert S. Mercer

Theodore L. Gatsas

Kathleen N. Taylor

Sylvia B. Larsen

Janet G. Wall

Lou D'Allesandro (Alt.)

MaryAnn N. Blanchard (Alt.)

Robert K. Boyce (Alt.)

Larry A. Emerton, Sr. (Alt.)

Burton J. Cohen (Alt.)

Dennis H. Fields (Alt.)

Andre Martel (Alt.)

Dennis P. Vachon (Alt.)

Jane O'Hearn (Alt.)

Nelson S. Allan (Alt.)

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

11. 12:15 pm INT's 2003-17 & 18 Man

Consent Agenda

12. 12:30 pm LUNCH BREAK

2. 9:05 am Final Proposals

13. 1:30 pm FP 2003-133 Env-WMC

3. 9:10 am Objection Responses

14. 2:30 pm Disc. on joint resolutions Mhp

4. 9:15 am Preliminary Objections

15. 3:00 pm OR's from 11-20-03 Meeting

 

16. 3:15 pm OR's & ROR's from 12-4-03 Meeting

Regular Agenda

17. 3:30 pm Disc. on Petition Responses

5. 9:20 am Postpone Items

 

6. 9:25 am OR 2003-126 He-W

Other Business

7. 10:00 am FP 2003-74 Saf-C

18. 4:00 pm Other

8. 10:20 am OR's 2003-114 & 115 Pos

 

9. 10:30 am FP's 2003-80 & 81 Wt

 

10. 11:30 am FP's 2003-140, 134 & 136 Ins

 

 

 

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:

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.

 

CONSENT AGENDA

 

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

 

 

(a) INT 2003-16

BOARD OF MANUFACTURED HOUSING

Organizational Rules

(JLCAR Deadline March 4, 2004)

 

 

(b) INT 2003-19

DEPARTMENT OF HEALTH & HUMAN SERVICES

Former Division of Human Services

Annual Adjustment to the Standard of Need for Individuals in Residential Care Facilities and Community Residences and Revised Protective Income Level

(JLCAR Deadline March 4, 2004)

 

 

(c) FP 2003-100

DEPARTMENT OF HEALTH & HUMAN SERVICES

Former Division of Mental Health and Development Services

Respite Services

(JLCAR Deadline January 6, 2004)

 

 

(d) FP 2003-109

DEPARTMENT OF SAFETY

Height and Area Limitations and Fire Resistance Tables

(JLCAR Deadline January 2, 2004)

 

 

(e) FP 2003-117

FIRE STANDARDS AND TRAINING COMMISSION

Full-Time Career Fire Personnel

(JLCAR Deadline December 22, 2003)

 

 

(f) FP 2003-141

FISH AND GAME DEPARTMENT

Moose Lottery Rules

(JLCAR Deadline January 5, 2004)

 

 

(g) FP 2003-152

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Standard Disclosure Summary

(JLCAR Deadline January 12, 2004)

 

 

(h) FP 2003-153

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Repeal of Verification Requirements for Child Care Eligibility

(JLCAR Deadline January 5, 2004)

 

 

3. Committee Acceptance of Agency Responses to Objections

 

(Selected items)

 

 

 

Note: The following response to a preliminary objection made in the October 16, 2003 meeting was not received by the deadline of December 1, 2003, and the rulemaking proceeding is over. No further Committee action is necessary.

 

OR 2003-132

ELECTRICIANS' BOARD

License Renewal

 

 

4. Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(Selected items)

REGULAR AGENDA

 

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

 

 

6. OR 2003-126

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Personal Property Resources

(JLCAR Deadline February 3, 2004)

(The JLCAR made a final objection on December 4, 2003. Option of voting to sponsor a joint resolution remains through February 3, 2004).

 

 

7. FP 2003-74

DEPARTMENT OF SAFETY

Various Modular Building Rules

(JLCAR Deadline January 2, 2004)

 

 

8. POSTSECONDARY EDUCATION COMMISSION

 

(a) OR 2003-114

Workforce Incentive Program - Forgivable Loan Component

(JLCAR Deadline February 24, 2004)

 

 

(b) OR 2003-115

Workforce Incentive Program - Loan Repayment Component

(JLCAR Deadline February 24, 2004)

 

9. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

(a) FP 2003-80

Division of Water

Wetland Bureau

Definitions for Wetlands Mitigation Rules

(JLCAR Deadline January 8, 2004)

 

 

(b) FP 2003-81

Division of Water

Wetlands Bureau

Wetlands Mitigation Rules

(JLCAR Deadline January 8, 2004)

 

 

10. INSURANCE DEPARTMENT

 

(a) FP 2003-140

Ins 3900 Disability Insurance

(JLCAR Deadline January 5, 2004)

 

 

(b) FP 2003-134

Ins 1905 Minimum Standards for Medicare Supplement Policies

(JLCAR Deadline January 15, 2004)

 

(c) FP 2003-136

Ins 1400 Automobile Insurance

(JLCAR Deadline January 19, 2004)

 

 

11. BOARD OF MANUFACTURED HOUSING

 

 

(a) INT 2003-17

Complaint Hearing Procedures Rules

(JLCAR Deadline March 4, 2004)

 

 

(b) INT 2003-18

Fees and Forms

(JLCAR Deadline March 4, 2004)

 

 

12. LUNCH BREAK

 

 

13. FP 2003-133

WASTE MANAGEMENT COUNCIL

Waste Management Council Procedural Rules

(JLCAR Deadline January 19, 2004)

 

14. Discussion on joint resolution relative to ROR 2001-3 and ROR 2001-4 of the Board of Mental Health Practice (Mhp 103.05 on quorum, and select rules of practice and procedure Mhp 201.04, Mhp 205.02(d), Mhp 206.11(a)(1), Mhp 206.15(e), and Mhp 212.01(b)(3)). (Formerly Item 6 on 5-5-03 agenda, Item 14 on 5-19-03 agenda, Item 17 on 6-23-03 agenda, Item 13 on 7-17-03 agenda, Item 17 on 8-21-03 agenda, Item 19 on 9-18-03 agenda, Item 9 on 10-6-03 agenda, Item 17 on 10-16-03 agenda, Item 10 on 10-29-03 agenda, Item 16 on 11-20-03 agenda, and Item 13 on 12-4-03 agenda).

 

15. Remaining Responses to Preliminary Objections Made in November 20, 2003 Meeting But Not Yet Received or Not Yet Reviewed by Committee Staff. (JLCAR Deadline February 24, 2004).

 

 

(a) OR 2003-83

BOARD OF EDUCATION

Vocational Rehabilitation Services

 

 

(b) OR 2003-105

STATE BUILDING CODE REVIEW BOARD

Procedural and Hearing Rules

 

 

16. Remaining Responses to Preliminary and Revised Objections Made in December 4, 2003 Meeting But Not Yet Received or Not Yet Reviewed by Committee Staff. (JLCAR Deadline March 10, 2004).

 

(a) OR 2003-139

INSURANCE DEPARTMENT

Long-Term Care Insurance

 

 

(b) ROR 2003-50

PUBLIC UTILITIES COMMISSION

Uniform Rules for Disclosure and Reporting by Competitive Electric Power Suppliers, Electric Utilities and Electric Service Suppliers

 

 

(c) ROR 2003-34

BOARD OF MENTAL HEALTH PRACTICE

Mental Health Counselor Course Requirements and Practical Experience and Patient's Bill of Rights

 

 

17. Discussion on Response to Petitions

 

OTHER BUSINESS

18. Other