JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

APRIL 18, 2008 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

Martha Fuller Clark

Maurice L. Pilotte

Jacalyn L. Cilley

Peter B. Schmidt

Betsi DeVries

Betsey L. Patten

Robert J. Letourneau

James R. MacKay

Michael Downing

James F. Powers

Iris W. Estabrook (Alt.)

John DeJoie (Alt.)

Kathleen G. Sgambati (Alt.)

Kimberley S. Casey (Alt.)

Peter Hoe Burling (Alt.)

Sharon M. Carson (Alt.)

Joseph D. Kenney (Alt.)

Alida I. Millham (Alt.)

Peter E. Bragdon (Alt.)

Suzanne H. Gottling (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

10.  11:00 am    FP's 2007-187 & 188 Ed

 

11.  12:30 pm    Disc. on JLCAR rule amendments

Consent Agenda

12.    1:00 pm    LUNCH BREAK

2.    9:05 am    Final Proposals

13.    2:00 pm    FP 2008-9 Ahp

3.    9:10 am    Objection Responses

14.    2:15 pm    OR 2007-218 Pari

4.    9:12 am    Preliminary Objections

 

 

Other Business

Regular Agenda

15.    3:00 pm    Other

5.    9:13 am    Postpone Items

 

6.    9:15 am    FP 2007-202 Rep

 

7.    9:20 am    INT 2008-11 He-M & FP 2007-178 He-W

 

8.    9:30 am    FP 2007-214 Saf-C

 

9.  10:15 am    FP's 2008-21 Env-C & 2008-7 Env-Wt

 

 

 

 

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)  FP 2007-165

Approval

BOARD OF LICENSING FOR INTERPRETERS OF THE DEAF AND HARD OF HEARING

Licensing for Interpreters of the Deaf and Hard of Hearing

(JLCAR Deadline April 28, 2008.)

 

 

(b)  FP 2007-199

Approval

BOARD OF COURT REPORTERS

Organizational Rules

(JLCAR Deadline May 12, 2008.)

 

 

(c)  FP 2007-200

Approval

BOARD OF COURT REPORTERS

Rules Regarding Practice and Procedure

(JLCAR Deadline May 12, 2008.)

 

 

(d)  FP 2007-201

Approval

BOARD OF COURT REPORTERS

Rules Regarding Explanation After Adoption

(JLCAR Deadline May 12, 2008.)

 

 

(e)  FP 2008-1

Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Active in the Profession; Multipart Application Form; Required Documents

(JLCAR Deadline May 5, 2008.)

 

 

(f)  FP 2008-2

Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Applying for a PAM Certificate; Certificate Application Form; Effect of Supervisor's Signature; Required Accompanying Documents

(JLCAR Deadline May 5, 2008.)

 

 

(g)  FP 2008-3

Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Procedures for Renewing a License and Indicating Decision Not to Renew; Licenses Subject to Reinstatement; Reinstatement of Licenses Suspended Pursuant to Occ 402.09(f)(2)

(JLCAR Deadline May 5, 2008.)

 

 

(h)  FP 2008-6

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Vernal Pool Definitions

(JLCAR Deadline May 19, 2008.)

 

 

(i)  FP 2008-8

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Technical Requirements for Long-Term Care Services

(JLCAR Deadline April 28, 2008.)

 

 

(j)  FP 2008-15

Approval

DEPARTMENT OF ADMINISTRATIVE SERVICES

Recoupment of Expenditures for Indigent Defense: Definitions; Information to be Provided by the Defendant

(JLCAR Deadline May 12, 2008.)

 

 

(k)  FP 2008-19

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Cross-Program Rules

Purpose and Applicability of Declaratory Ruling Rules

(JLCAR Deadline May 19, 2008.)

 

 

(l)  FP 2008-24

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Liability of Relatives to Support and Purchased Services for Employment Support Services

(JLCAR Deadline May 19, 2008.  Most existing regular rules will expire May 1, 2008.)

 

 

(m)  INT 2008-10

Approval

PUBLIC EMPLOYEE LABOR RELATIONS BOARD

Practice and Procedures - Preliminary Matters and Conflict of Interest, Conduct of Hearing, Time Periods, Review and Rehearing, Declaratory Ruling, Records, Reports and Required Filings

(JLCAR Deadline July 3, 2008.  Former regular rules expired January 8, 2008.)

 

 

3.   Committee Acceptance of Agency Responses to Objections:

 

 

(No items)

 

 

 

4.   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 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.

 

Conditionally Approved March 21, 2008:

 

                                                                  FP 2007-182

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Assisted Living Residences-Residential Care Licensing

(Response received 3-24-08 and confirmed 3-25-08.)

 

 

FP 2007-170

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Personal Safety Emergencies

(Response received 3-27-08 and confirmed 3-28-08.)

 

 

 

 

FP 2007-212

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

In-Home Supports

(Response received 3-27-08 and confirmed 3-28-08.)

 

 

      FP 2007-219

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Creation of Interim Disabled Parents (IDP), Transitional Assessment Planning (TAP), and Families With Older Children (FWOC) Categories of Financial Assistance and Medical Assistance

(Response received 3-27-08 and confirmed 3-28-08.)

 

 

REGULAR AGENDA

 

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

 

 

6.   FP 2007-202

Approval

BOARD OF COURT REPORTERS

Rules Regarding Application and Qualifications for Licensure, Fees, Renewals, Continuing Education and Ethical Standards

(JLCAR Deadline May 12, 2008.)

 

 

7.   DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  INT 2008-11

Approval

Former Division of Mental Health and Developmental Services

Complaint Resolution Procedures for Family Centered Early Supports and Services; Family-Centered Early Supports and Services

(JLCAR Deadline July 3, 2008.  Most existing rules will expire April 22, 2008.)

 

 

(b)  FP 2007-178

Conditional Approval

Former Division of Human Services

Presumptive Eligibility for Home and Community-Based Care for the Elderly and Chronically Ill (HCBC-ECI)

(JLCAR Deadline May 8, 2008.)

 

 

8.   FP 2007-214

Conditional Approval

DEPARTMENT OF SAFETY

Transportation of High-level Radioactive Waste Rules

(JLCAR Deadline April 24, 2008.)

 

 

9.   DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2008-21

Approval with Understanding

Cross-Program Rules

Laboratory Accreditation

(JLCAR Deadline May 19, 2008.  Existing interim rules will expire April 26, 2008.)

 

 

(b)  FP 2008-7

Approval

Wetlands Programs

Delineation of Vernal Pools; Logging Operations

(JLCAR Deadline May 19, 2008.)

 

 

10. BOARD OF EDUCATION

 

 

(a)  FP 2007-187

Postponed to 5/2/08 Continued Meeting

Medication During School Day; Manifest Educational Hardship

(JLCAR Deadline May 5, 2008.)

 

 

(b)  FP 2007-188

Postponed to 5/2/08 Continued Meeting

Types of Approval for Nonpublic Schools

(JLCAR Deadline May 5, 2008.)

 

 

11. Discussion on amendments to Committee rules regarding reconsideration.

Postponed to 5/2/08 Continued Meeting

 

 

12. LUNCH BREAK

 

 

13. FP 2008-9

Postponed to 5/2/08 Continued Meeting

BOARD OF DIRECTORS, OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Fee Increase

(JLCAR Deadline May 5, 2008.)

 

 

14. OR 2007-218*

Postponed to 5/2/08 Continued Meeting

PARI-MUTUEL COMMISSION

Track Licensing

(JLCAR Deadline July 8, 2008.)

*Response not yet received to preliminary objection made in meeting on 4-4-08.

 

 

OTHER BUSINESS

 

15. Other