JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR MEETING
TENTATIVE AGENDA
DECEMBER
21, 2006 - 9:00 a.m.
ROOMS 306/308 LEGISLATIVE OFFICE BUILDING
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Senate
Members of JLCAR |
House
Members of JLCAR |
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Martha Fuller Clark |
Maurice L. Pilotte |
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Jacalyn L. Cilley |
Peter B. Schmidt |
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Betsi DeVries |
Bonnie G. Mitchell |
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Robert J. Letourneau |
Betsey L. Patten |
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Michael Downing |
James R. MacKay |
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Iris W. Estabrook (Alt.) |
John DeJoie (Alt.) |
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Kathleen G. Sgambati
(Alt.) |
Sharon M. Carson (Alt.) |
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Peter Hoe Burling (Alt.) |
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Joseph D. Kenney (Alt.) |
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Peter E. Bragdon (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.
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1. 9:00 am Convene |
12.
10:40 am FP 2006-139 Lab |
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2. 9:05 am Elect Chairperson and Vice-Chairperson |
13.
11:00 am INT 2006-41 Lan |
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3. 9:15 am Review Minutes |
14.
11:10 am Disc. on FP 2006-150 Med |
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15.
11:30 am INT 2006-43 He-W, Disc. on
ER He-E, |
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Consent
Agenda |
FP's 2006-134 He-W
& 140 He-P |
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4. 9:20 am Final
Proposals |
16.
12:30 pm FP's 2006-86, 87 & 154
Pari |
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5. 9:23 am Objection
Responses |
17. 1:00 pm LUNCH
BREAK |
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6. 9:24 am Preliminary
Objections |
18. 2:00 pm FP's
2006-123 & 124 Agr |
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19. 2:30 pm FP's
2006-119 & 121 Fis |
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Regular
Agenda |
20. 3:30 pm INT
2006-42 Puc |
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7. 9:25 am Postpone
Items |
21. 3:45 pm OR's
from 11-16-06 Meeting |
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8. 9:30 am FP's
2006-105 Env-Wq, 2006-130 & 131 Env-A |
Other
Business |
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9. 9:50 am FP's
2006-79 & 80 Nur |
22. 4:00 pm Other |
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10. 10:00 am FP's 2006-132, 138, & 152 Saf-C |
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11. 10:20 am INT's 2006-45 & 46 Emp |
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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
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JLCAR Deadlines Noted Below: |
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For
OR's and ROR's: |
Deadline
is for sponsoring a joint resolution. |
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For
FP's: |
Deadline
is for approval, conditional approval, or preliminary objection. Otherwise,
rule is automatically approved. |
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For
INT's: |
Deadline
is for approval or conditional approval. |
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2. Elect
Chairperson and Vice-Chairperson. |
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3. Review
minutes. |
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CONSENT
AGENDA |
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4. Committee
Approval of Final Proposals and Proposed Interim Rules: |
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(a) FP 2006-78 Approval |
BOARD OF NURSING Terms, Organizational
Rules (JLCAR Deadline January 11, 2007.) |
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(b) FP 2006-120 Approval |
FISH AND GAME DEPARTMENT Marine Rules – Cod Length
and Recreational Season (JLCAR Deadline January 22, 2007.) |
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(c) FP 2006-125 Approval |
DEPARTMENT OF AGRICULTURE,
MARKETS, AND FOOD Wolf Hybrids (JLCAR Deadline January 11, 2007.) |
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(d) FP 2006-133 Approval |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Human
Services Early and Periodic Screening,
Diagnosis, and Treatment Services (JLCAR Deadline January 22, 2007. Existing regular rules expire January 30,
2007.) |
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(e) FP 2006-141 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services General Program Information (JLCAR Deadline January
19, 2007. Most of the existing regular
rules expire January 1, 2007.) |
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(f) FP 2006-148 Approval |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Waste Management Hazardous Waste Manifest Rules – Definitions (JLCAR Deadline January
22, 2007.) |
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(g) FP 2006-149 Approval |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Waste Management Hazardous Waste Manifest Rules (JLCAR Deadline January
22, 2007.) |
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(h) FP
2006-151 Objection |
DEPARTMENT OF SAFETY 2006 Watercraft Restriction Rules (JLCAR Deadline January
22, 2007.) |
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(i)
INT 2006-44 Approval |
DEPARTMENT OF
HEALTH AND HUMAN SERVICES Former
Division of Human Services Expiring Rules
for Medical Assistance and Temporary Assistance to
Needy Families (JLCAR Deadline March 8, 2007. Existing regular rules expire January 1,
2007 and March 3, 2007.) |
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5. Committee Acceptance of Agency Responses to
Objections: |
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(Selected Items) |
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6. 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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7. Consider postponing action on certain
items to another meeting. |
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8. DEPARTMENT
OF ENVIRONMENTAL SERVICES |
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(a) FP 2006-105 Approval |
Water
Quality and Quantity Programs Best
Management Practices for Groundwater Protection (JLCAR Deadline January 8, 2007.) |
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(b) FP 2006-130 Conditional
Approval |
Division
of Air Resources Other
Solid Waste Incineration (OSWI) (JLCAR Deadline January 1, 2007.) |
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(c) FP 2006-131 Approval |
Division of Air Resources Hospital/Medical/Infectious Waste Incineration (JLCAR Deadline
January 1, 2007.) |
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9. BOARD OF NURSING |
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(a)
FP 2006-79 Conditional
Approval |
Practice and Procedure (JLCAR Deadline January 11, 2007.
Interim rules will expire December 21, 2006.) |
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(b) FP 2006-80 Conditional
Approval |
Disciplinary Proceedings; Complaints;
Investigations; Immediate License Suspension; Disciplinary Sanctions; License
Surrender; Removal of Sanctions (JLCAR
Deadline January 11, 2007. Interim
rules will expire December 21, 2006.) |
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10. DEPARTMENT OF SAFETY |
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(a)
FP 2006-132 Approval |
Restoration Fee Waiver Rules (JLCAR
Deadline December 29, 2006. Former
regular rules expired March 3, 2006.) |
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(b) FP 2006-138 Conditional Approval |
Administrative
License Suspension Rules (JLCAR Deadline January 22, 2007. Interim rules will expire January 12,
2007.) |
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(c) FP 2006-152 Approval |
Rules for Railroad Police (JLCAR
Deadline January 22, 2007. Former
regular rules expired March 25, 2005.) |
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11. DEPARTMENT OF EMPLOYMENT SECURITY |
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(a)
INT 2006-45 Postponed
to 1/5/07 Continued Meeting |
Reimbursing Employers (JLCAR
Deadline March 8, 2007. Most of HB
1588 effective January 1, 2007.) |
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(b)
INT 2006-46 Postponed
to 1/5/07 Continued Meeting |
Charging for Benefits in Cases of Two or
More Concurrent Employers |
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(JLCAR
Deadline March 8, 2007. Most of HB
1588 effective January 1, 2007.) |
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12. FP 2006-139 Postponed
to 1/5/07 Continued Meeting |
DEPARTMENT
OF LABOR Safety
and Health of Employees (JLCAR Deadline January 5, 2007. Former interim rules expired October 9,
2006.) |
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13. INT 2006-41 Postponed
to 1/5/07 Continued Meeting |
BOARD
OF LICENSURE FOR LAND SURVEYORS Rules
Regarding Re-examinations, Fees, Disciplinary Matters (JLCAR Deadline February 20, 2007. Existing regular rules will expire January
12, 2007.) |
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14. Discussion of the following Final
Proposal: |
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FP
2006-150 Postponed
to 1/5/07 Continued Meeting |
BOARD OF MEDICINE Rules Regarding Practice
and Procedures for Physicians Licensed in New Hampshire (JLCAR Deadline January 25, 2007. Existing interim rules expired December 13,
2006.) NOTE: This
is a late-filed rule. To be placed on
the agenda and subject to JLCAR vote, the 14-day filing deadline under RSA
541-A:12, I must be waived by the Director of OLS after consultation with the
Chair and Vice-Chair of JLCAR. |
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15. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a)
INT 2006-43 Approval |
Former Division of Human Services Services Limits, Non-Covered Services and
Co-Payments (JLCAR
Deadline March 8, 2007. Most of the
existing regular rules expire January 1, 2007.) |
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(b)
Discussion on the following emergency rule effective December 1, 2006: Postponed
to 1/5/07 Continued Meeting |
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Document #8769 |
Former
Division of Elderly and Adult Services Nursing
Facility Reimbursement Amendments He-E
806.31 (No JLCAR Deadline. Emergency rule will expire May 30,
2007. JLCAR may only petition for
repeal, if appropriate, pursuant to RSA 541-A:18, IV.) |
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(c)
FP 2006-134 Postponed
to 1/5/07 Continued Meeting |
Former
Division of Human Services Durable
Medical Equipment, Prosthetic and Orthotic Devices, and Medical Supplies (JLCAR Deadline January 19, 2007. Former regular rules expired December 29,
2003.) |
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(d)
FP 2006-140 Postponed
to 1/5/07 Continued Meeting |
Former
Division of Public Health Services Financial
Assistance to Partially Fund Towns or Cities for Mosquito Control Activities (JLCAR Deadline January 22, 2007. Existing emergency rules expire January 13,
2007.) |
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16. PARI-MUTUEL COMMISSION |
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(a) FP
2006-86 Postponed to
1/5/07 Continued Meeting |
Bingo Games (JLCAR Deadline January 11, 2007.) |
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(b)
FP 2006-87 Postponed
to 1/5/07 Continued Meeting |
Lucky
7 Tickets (JLCAR Deadline January 11, 2007.) |
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(c)
FP 2006-154 Postponed
to 1/5/07 Continued Meeting |
Games of Chance (JLCAR
Deadline January 15, 2007. Existing interim
rules expire January 21, 2007.) |
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17. LUNCH BREAK |
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18. DEPARTMENT OF AGRICULTURE, MARKETS, AND
FOOD |
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(a)
FP 2006-123 Postponed
to 1/5/07 Continued Meeting |
Livestock Events (JLCAR Deadline January 11, 2007.
Former regular rules expired August 21, 2006.) |
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(b)
FP 2006-124 Postponed
to 1/5/07 Continued Meeting |
Docking Tails of Horses (JLCAR Deadline January 11, 2007.
Former regular rules expired July 1, 2006.) |
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19. FISH AND GAME DEPARTMENT |
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(a)
FP 2006-119 Postponed
to 1/5/07 Continued Meeting |
Use of Leashed Dogs for Tracking Big Game
Animals (JLCAR
Deadline January 22, 2007.) |
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(b)
FP 2006-121 Postponed
to 1/5/07 Continued Meeting |
Snowshoe Hare (JLCAR
Deadline January 22, 2007.) |
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20. INT 2006-42 Postponed
to 1/5/07 Continued Meeting |
PUBLIC
UTILITIES COMMISSION N.H.
Code for Energy Conservation in New Building Construction (JLCAR Deadline March 8, 2007. Existing regular rules expire February 1,
2007.) |
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21. Remaining
Responses to Preliminary Objections made in November 16, 2006 Meeting But Not
Yet Received by Committee Staff. |
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(a) OR 2006-122 |
FISH AND GAME DEPARTMENT State Managed Lands Rules
Including Connecticut Lakes National Area (JLCAR Deadline February 21, 2007.) |
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OTHER BUSINESS |
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22. Other |
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