JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JUNE 16, 2017 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice Chair

Sen. Kevin Avard

Rep. John Graham

Sen. Dan Feltes

Rep. William A. Hatch

Sen. Harold French

Rep. Rick M. Ladd

Sen. Jay Kahn

Rep. Peter B. Schmidt

Sen. Martha Fuller Clark (Alt.)

Rep. Karen Ebel (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. William Gannon (Alt.)

Rep. Carolyn Matthews (Alt.)

Sen. Dan Innis (Alt.)

Rep. Bill Ohm (Alt.)

Sen. Ruth Ward (Alt.)

Rep. John Sytek (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

EXRF - Expedited Revision to Form


 

CONSENT AGENDA

 

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

 

 

(a)  FP 2017-27
Approval

DEPARTMENT OF SAFETY

Commissioner

Repairer Service Vehicle Registration Rules

(JLCAR Deadline July 14, 2017.)

 

 

(b)  FP 2017-33

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Permit to Operate for Public Water Systems

(JLCAR Deadline July 6, 2017.)

 

 

(c)  FP 2017-37
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Radiation or MRI Machine Security Screening System Non-Medical

(JLCAR Deadline July 24, 2017.  Former interim rules expired April 26, 2017.)

 

 

(d)  FP 2017-41
Approval

DEPARTMENT OF SAFETY

Commissioner

Breath Alcohol Procedure Using the Intoxilyzer 5000 Instrument Rules

(JLCAR Deadline July 17, 2017.  Existing interim rules will expire June 30, 2017.)

 

 

(e)  FP 2017-46
Approval

INSURANCE DEPARTMENT

Valuation of Life Insurance Policies

(JLCAR Deadline July 10, 2017.)

 

 

(f)  FP 2017-55
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Employment Related Child Care Eligibility

(JLCAR Deadline July 17, 2017.)

 

 

(g)  FP 2017-56
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Preventive and Protective Child Care Eligibility

(JLCAR Deadline July 17, 2017.)

 

 

(h)  FP 2017-58
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Child Care Provider Billing and Payment Requirements

(JLCAR Deadline July 17, 2017.)

 

 

(i)  INT 2017-13
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Foster Family Home Rate-Setting

(JLCAR Deadline August 23, 2017.  Existing regular rules will expire August 6, 2017.)

 

 

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

 

 

(a)  FP 2016-126
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES\

Former Division of Human Services

Asset Transfers, Undue Hardship Waivers for Asset Transfer Penalties or for Individuals with Substantial Home Equity, and Real Property Resources in the Medical Assistance Programs

(JLCAR Deadline July 17, 2017.  Some of the rules expired as interim rules on September 20, 2016.)

 

 

(b)  FP 2017-47
Conditional Approval

INSURANCE DEPARTMENT

Regulation of Third Party Administrators

(JLCAR Deadline July 10, 2017.)

 

 

(c)  FP 2017-57
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Child Care Provider Enrollment Requirements

(JLCAR Deadline July 17, 2017.)

 

 

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 not previously reported 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 May 19, 2017:

 

 

FP 2016-223

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Rivers Management and Protection Program

(Response received May 22, 2017 and confirmed May 23, 2017.)

 

 

FP 2017-32

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Special Supplemental Nutrition Program for Women, Infants and Children (WIC) -
Price of Infant Formula and Foods

(Response received May 26, 2017 and confirmed May 26, 2017.)

 

 

FP 2017-28

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Educational Health Centers

(Response received May 24, 2017 and confirmed May 25, 2017.)

 

 

FP 2017-31

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Adult Day Programs

(Response received May 24, 2017 and confirmed May 25, 2017.)

 

 

FP 2016-202

DEPARTMENT OF EMPLOYMENT SECURITY

Initial Claims Filing

(Response received May 26, 2017 and confirmed May 30, 2017.)

 

 

FP 2016-220

PHARMACY BOARD

Licensing of Limited Retail Drug Distributors

(Response not yet received.)

 

 

FP 2016-221

PHARMACY BOARD

Licensing of Outsourcing Facilities Identified as 503B Facilities by the FDA

(Response not yet received.)

 

 

FP 2016-229

ELECTRICIANS' BOARD

Licensing Requirements; Continued Status

(Response received June 7, 2017 and confirmed June 8, 2017.)

 

 

REGULAR AGENDA

 

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

 

7.   9:20 a.m.    DEPARTMENT OF SAFETY

 

 

FP 2017-36
Approval with Recommendation

Commissioner

Restoration Fee Waiver Rules

(JLCAR Deadline July 14, 2017.  Former interim rules expired February 25, 2017.)

 

 

8.   9:25 a.m.    FIRE STANDARDS AND TRAINING COMMISSION

 

 

FP 2017-60
Conditional Approval

New Hampshire Fire Standards and Training Commission Rules

(JLCAR Deadline July 17, 2017.  Most existing rules will expire as interim rules on
August 6, 2017.)

 

 

9.   9:30 a.m.    REAL ESTATE COMMISSION

 

 

FP 2017-64
Conditional Approval

Licensing Requirements; Continued Status; Ethical Standards; Conduct of Licensees

(JLCAR Deadline July 24, 2017.  Most existing rules will expire as interim rules on June 19, 2017 or August 21, 2017.)

 

 

10.   10:00 a.m.

       No Further
Action

Discussion on response to petition to the Board of Auctioneers relative to amending Auc 203.20(d) on orders of disciplinary action and to clarify in the Board's rules the criteria for use of continuing education as a form of discipline pursuant to RSA 311-B:11, III (g).

 

 

OTHER BUSINESS

11.   10:10 a.m.