JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

APRIL 16, 2021 - 9:00 a.m.

REMOTE MEETING

Instructions at http://gencourt.state.nh.us/rules/default.htm

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice-Chair

Sen. James Gray

Rep. Alan Bershtein

Sen. Suzanne Prentiss

Rep. William A. Hatch

Sen. Ruth Ward

Rep. Timothy P. Lang

Sen. Rebecca Whitley

Rep. Peter M. Schmidt

Sen. Kevin Avard (Alt.)

Rep. Fred Doucette (Alt.)

Sen. Regina Birdsell (Alt.)

Rep. Claire Rouillard (Alt.)

Sen. Sharon Carson (Alt.)

Rep. Terry Roy (Alt.)

Sen. Kevin Cavanaugh (Alt.)

Rep. Dianne E. Schuett (Alt.)

Sen. Rebecca Perkins Kwoka (Alt.)

Rep. Edith Tucker (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, Remote Meeting Script, Roll Call, 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 Revisions to Form

EXIR – Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

 

 

2.   9:05 a.m.    Committee Approval of Final Proposals and Proposed Expedited Amendment to Incorporation by Reference:

 

 

 

(a)  FP 2020-80

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Public Bathing Places

(JLCAR Deadline May 3, 2021.)

 

 

(b)  FP 2020-99

Approval

BOARD OF EDUCATION

School Lease Aid and Charter School Lease Aid

(JLCAR Deadline May 17, 2021.)

 

 

(c)  FP 2021-1

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

PSD Program Requirements

(JLCAR Deadline May 17, 2021.)

 

 

(d)  FP 2021-5

Approval

DEPARTMENT OF LABOR

New Hampshire Worker Adjustment and Retraining

Notification (WARN) Act

(JLCAR Deadline May 3, 2021.)

 

 

(e)  FP 2021-7

Approval

ELECTRICIANS' BOARD

Qualifications, Examination, and Continuing Education

(JLCAR Deadline May 3, 2021.)

 

 

(f)  FP 2021-14

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Issuance of Assistance Payments

(JLCAR Deadline May 24, 2021.)

 

 

(g)  EXIR 2021-1

Approval

DEPARTMENT OF SAFETY

Commissioner

Out-of-Service Criteria for Commercial Transportation of Hazardous

Materials Rules

(No JLCAR Deadline.)

 

 

(h)  EXIR 2021-2

Approval

DEPARTMENT OF SAFETY

Commissioner

Out-of-Service Criteria for Commercial Transportation of Hazardous

Materials and Waste

(No JLCAR Deadline.)

 

 

(i)  EXIR 2021-3

Approval

DEPARTMENT OF SAFETY

Commissioner

Out-of-Service Criteria for Commercial Transportation of School Vehicles

(No JLCAR Deadline.)

 

 

3.   9:10 a.m.    Committee Conditional Approvals:

 

 

 

(a)  FP 2021-10

Conditional

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Method of Issuance

(JLCAR Deadline May 24, 2021.)

 

 

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 is whether there is an agency response 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 17, 2020:

 

 

 

FP 2020-78

BOARD OF MENTAL HEALTH PRACTICE

Ethical and Professional Standards, Responsibilities of Licensees

(Response not yet received.)

 

 

Conditionally Approved February 19, 2021:

 

 

FP 2020-86

LOTTERY COMMISSION

Unlawful Gambling Machines

(Response received March 18, 2021 and confirmed March 18, 2021.)

 

 

Conditionally Approved March 19, 2021:

 

 

FP 2020-107

OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

OPLC Rules Governing General Fees, Credit Card Fees, and

Professional Health Program Fees

(Response received April 1, 2021 and confirmed April 7, 2021.)

 

 

REGULAR AGENDA

 

 

6.   9:18 a.m.    Consider postponing action on certain items to another meeting.

 

 

7.   9:20 a.m.    N. H. PHARMACY BOARD

 

 

FP 2020-53

Preliminary

Objection

Mail Order/Nonresident Pharmacies

(JLCAR Deadline April 26, 2021.)

 

 

8.   9:25 a.m.    GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

 

 

 

FP 2021-4

Conditional

Approval

Active in the Profession and Application Process

(JLCAR Deadline May 24, 2021.)

 

 

9.   9:30 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  EXRF 2021-4

Approval with

Recommendation

Solid Waste Programs

Personal Disclosure Form for Solid Waste

Facility Permit Applicants

(No JLCAR Deadline.)

 

 

(b)  EXRF 2021-5

Approval with

Recommendation

Solid Waste Programs

Business Disclosure Form for Solid Waste

Facility Permit Applicants

(No JLCAR Deadline.)

 

 

10. 9:35 a.m.    BOARD OF EDUCATION

 

 

FP 2020-100

Conditional

Approval

Chartered Public Schools

(JLCAR Deadline May 17, 2021.)

 

 

11. 9:45 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

FP 2020-108

Conditional

Approval

Former Division of Public Health Services

Psychiatric Residential Treatment Program

(JLCAR Deadline May 25, 2021.)

 

 

12. 9:50 a.m.    DEPARTMENT OF SAFETY

 

 

Discussion on Department plan for updating forms so they are not changed except pursuant to RSA 541-A.

No Further Action

 

 

13. 10:00 a.m.  FISH AND GAME DEPARTMENT

 

 

FP 2020-105

Approval

Snowshoe Hare Live Capture

(JLCAR Deadline May 17, 2021.)

 

 

OTHER BUSINESS

 

14. 10:30 a.m.