JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

MAY 18, 2012 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

Amanda Merrill, Vice-Chair

Betsey L. Patten, Chair

Fenton Groen

Carol M. McGuire

Molly Kelly

Andrew J. Manuse

Gary Lambert

Maurice L. Pilotte

Raymond White

Peter B. Schmidt

Sharon Carson (Alt.)

Spec Bowers (Alt.)

Lou D'Allesandro (Alt.)

David H. Kidder (Alt.)

James Forsythe (Alt.)

Tara A. Sad (Alt.)

Sylvia Larsen (Alt.)

Kathleen N. Taylor (Alt.)

Nancy Stiles (Alt.)

Steven J. Winter (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 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


 

CONSENT AGENDA

 

2.   9:05 a.m.   Committee Approval of Final Proposals and Proposed Interim Rules:

 

 

(a)  FP 2012-25

Approval

REAL ESTATE COMMISSION

Commission Contact Information

(JLCAR Deadline June 18, 2012.)

 

 

(b)  FP 2012-26

Postponed to 6/1/12 Continued Meeting

REAL ESTATE COMMISSION

Real Estate Examination and License Fees, Examination Schedule, Broker Education, and Dishonored Checks

(JLCAR Deadline June 18, 2012.)

 

 

(c)  FP 2012-27
Approval

REAL ESTATE COMMISSION

Copies of Written Instruments and Advertisements by Salespersons

(JLCAR Deadline June 18, 2012.)

 

 

(d)  FP 2012-28
Approval

REAL ESTATE COMMISSION

Code of Ethics for Commissioners and Commission Employees

(JLCAR Deadline June 18, 2012.)

 

 

(e)  FP 2012-29
Approval

REAL ESTATE COMMISSION

Broker Accounting of Receipts and Disbursements

(JLCAR Deadline June 18, 2012.)

 

 

(f)  FP 2012-34

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Regulated Toxic Air Pollutants

(JLCAR Deadline June 18, 2012.)

 

 

(g)  FP 2012-40

Approval

DEPARTMENT OF SAFETY

International Registration Plan Rules

(JLCAR Deadline June 11, 2012.)

 

 

(h)  FP 2012-41

Approval

DEPARTMENT OF SAFETY

Authority to Cite Fire Safety and Licensing Violators Rules

(JLCAR Deadline June 18, 2012.)

 

 

(i)  FP 2012-44

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Mental Health and Developmental Services

Special Medical Services - CHIP Transition Amendments

(JLCAR Deadline June 18, 2012.)

 

 

(j)  FP 2012-45

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Children's Health Insurance Program (CHIP) Transition Rules

(JLCAR Deadline June 18, 2012.)

 

 

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

 

(a)  FP 2012-4*

Conditional Approval

BOARD OF EDUCATION

Library Media Specialist.

(JLCAR Deadline June 4, 2012.)

*The only substantive issue is that the agency continued to operate under expired rules as noted in the fiscal impact statement for the final proposal.

 

 

 

 

(b)  FP 2012-35

Conditional Approval

FISH AND GAME DEPARTMENT

2012 Wildlife Rules, Wildlife Control Operator Rules, and Nongame Rules

(JLCAR Deadline June 18, 2012.)

 

 

(c)  FP 2012-43*

Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Public Health Services

Low-Level Radioactive Waste Management Fund

(JLCAR Deadline June 18, 2012.)

*The only substantive issue is that the agency continued to operate under expired rules as noted in the fiscal impact statement for the final proposal.

 

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 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 April 20, 2012:

 

 

FP 2011-156

BOARD OF EDUCATION

Early Childhood Education, Classical Languages, Music and Theatre

(Response received 5-16-12 and confirmed 5-16-12.)

 

 

FP 2012-23

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner
Employment Related Child Care Scholarship

(Response received 4-20-12 and confirmed 4-23-12.)

 

 

FP 2012-24

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Commissioner
Employment Related Child Care Scholarship (Misc. Sections & Paragraphs)

(Response received 4-20-12 and confirmed 4-23-12.)

 

 

FP 2012-12

DEPARTMENT OF SAFETY

Registration of Criminal Offenders

(Response received 4-20-12 and confirmed 4-23-12.)

 

 

REGULAR AGENDA

 

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

 

 

7.   9:20 a.m.   Discussion on:

 

 

(a)  Amending the “Rulemaking Notice Form.

Postponed to 6/1/12 Continued Meeting

 

 

(b)  Motion to recommend amendments to RSA 541-A.

Postponed to 6/1/12 Continued Meeting

 

 

 

8.   9:30 a.m.   HEALTH SERVICES PLANNING AND REVIEW BOARD

 

 

(a)  FP 2012-14

Approval

Physical Rehabilitation Hospitals

(JLCAR Deadline June 7, 2012.)

 

 

(b)  FP 2012-15

Approval

Inpatient Psychiatric Facilities

(JLCAR Deadline June 7, 2012.)

 

 

9.   9:45 a.m.   DEPARTMENT OF SAFETY

 

 

(a)  FP 2012-39

Approval with Recommendation

Vehicle Registration Rules

(JLCAR Deadline June 15, 2012.  Most of the existing rules expired March 5, 2012.)

 

 

(b)  FP 2012-17 Approval

 

Various Carnival-Amusement Rules

(JLCAR Deadline May 21, 2012.)

(Formerly Item #11(b) on 4-20-12 and 5-4-12 agendas.)

 

 

10. 10:45 a.m. STATE BUILDING CODE REVIEW BOARD

 

 

OR 2012-18

Postponed to 6/1/12 Continued Meeting

Various Practice and Procedure Rules

(JLCAR Deadline July 3, 2012.  Most of the existing rules will expire July 16, 2012.)

(Formerly Item #12 on 4-20-12 and 5-4-12 agendas.)

 

 

11. 11:00 a.m. N.H. LOTTERY COMMISSION

 

 

FP 2012-32

Conditional Approval

Rules for Employee Recognition Program

(JLCAR Deadline June 4, 2012.)

 

 

12. 11:15 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2012-38

Approval with Recommendation

Water Quality and Quantity Programs
Gender of Counselors; Sleeping Areas; Privacy Areas

(JLCAR Deadline June 18, 2012.)

 

 

OTHER BUSINESS

13. 11:30 a.m. Other