JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR
MEETING
TENTATIVE
AGENDA
JUNE 18, 2010 - 9:00 a.m.
ROOMS 306/308
LEGISLATIVE OFFICE BUILDING*
*Room 303 is available as a work room for agencies.
Senate
Members of JLCAR |
House
Members of JLCAR |
Jacalyn L. Cilley |
Maurice L. Pilotte |
Martha Fuller Clark |
Peter B. Schmidt |
Amanda Merrill |
Betsey L. Patten |
Robert J. Letourneau |
Suzanne H. Gottling |
Sharon M. Carson |
Alida I. Millham |
Kathleen G. Sgambati
(Alt.) |
Laurie J. Boyce (Alt.) |
Matthew S. Houde (Alt.) |
Kathleen N. Taylor (Alt.) |
Betsi DeVries (Alt.) |
Kimberley S. Casey (Alt.) |
Michael Downing (Alt.) |
Tara A. Sad (Alt.) |
Peter E. Bragdon (Alt.) |
David H. Kidder (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 |
8. 10:15 am ROR
2009-191 Ed |
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9. 10:30 am INT
2010-5 He-M, FP's 2010-26 He-C, |
Consent
Agenda |
2010-43 He-W, 2010-44
& 45 He-M, |
2. 9:05 am Final
Proposals |
OR 2009-130 He-M |
3. 9:10 am Objection
Responses |
10. 12:45 pm Disc. on LEAN process |
4. 9:12 am Preliminary
Objections |
11. 1:00 pm LUNCH BREAK |
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12. 2:00 pm OR's from 11-19-09 Meeting |
Regular
Agenda |
13. 2:15 pm ROR from 5-21-10 Meeting |
5. 9:13 am Postpone
Items |
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6. 9:15 am EXP
2010-2 & 3 Env-Ws |
Other Business |
7. 9:25 am FP's
2009-198 & 2010-50 Saf-C |
14. 2:30 pm Other |
FP - Final Proposal
OR - Preliminary Objection Response
ROR - Revised Objection Response
ER - Emergency Rule
INT - Interim Rule
EXP - Expedited Repeal
1. Convene and Review
Minutes
JLCAR Deadlines Noted Below: |
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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. |
CONSENT
AGENDA |
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2. Committee
Approval of Final Proposals: |
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(a) FP 2010-25 Approval |
FISH AND GAME DEPARTMENT Marine Rules Relative to
Gear Restriction, Salters, and the Winnicut River (JLCAR Deadline July 6, 2010.) |
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(b) FP 2010-27 Approval |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Human
Services (JLCAR Deadline July 12, 2010.) |
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(c) FP 2010-28 Approval |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Human
Services (JLCAR Deadline July 12, 2010.) |
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(d) FP 2010-29 Approval |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Human
Services (JLCAR Deadline July 12, 2010.) See * below. |
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(e) FP 2010-30 Approval |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Drinking Water Programs (JLCAR Deadline July 19, 2010.) See ** below. |
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(f) FP 2010-31 Approval |
DEPARTMENT OF EMPLOYMENT
SECURITY Wages During Week Claimed (JLCAR Deadline July 19, 2010.) |
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(g) FP 2010-32 Approval with
Recommendation |
DEPARTMENT OF EMPLOYMENT
SECURITY Employment Services; Work
Search (JLCAR Deadline July 19, 2010.) |
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(h) FP 2010-33 Postponed to 6/25/10
Continued Meeting |
DEPARTMENT OF EMPLOYMENT
SECURITY Overpayment Without Fault;
Waiting Week (JLCAR Deadline July 19, 2010.) |
|
|
(i)
FP 2010-34 Approval |
DEPARTMENT OF EMPLOYMENT SECURITY Leaving Self-Employment or Closing Business (JLCAR Deadline
July 19, 2010.) |
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(j) FP 2010-35 Postponed to 6/25/10
Continued Meeting |
DEPARTMENT OF EMPLOYMENT
SECURITY Termination of Employment (JLCAR Deadline July 19, 2010.) |
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(k) FP 2010-36 Approval |
DEPARTMENT OF EMPLOYMENT
SECURITY Approved Training (JLCAR Deadline July 19, 2010.) |
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(l) FP 2010-41 Approval |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Human Services (JLCAR Deadline July 19, 2010.) |
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(m) FP 2010-42 Approval |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Human
Services (JLCAR Deadline July 19, 2010.) |
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* The
only issue with this final proposal is that the agency continued to operate
under expired rules as noted in the fiscal impact statement. |
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** The only issue with this final proposal is
that there is a concern regarding a potential violation of Part 1, Article
28-a of the N.H. Constitution, but these rules appear to implement a
pass-through of federal requirements. |
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3. Committee
Acceptance of Agency Responses to Objections: |
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(No Items) |
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4. Committee
Issuance of Preliminary or Revised Objections to Final Proposals: |
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(No Items) |
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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. |
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Conditionally
Approved May 21, 2010: |
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FP 2010-22 |
BOARD OF REGISTRATION IN
OPTOMETRY Application Process,
Character Qualifications, Examination Requirements, Application for TPA Certification,
Out-of-State Contact Lens Dispenser Requirements, Expiration and Renewal of
Licenses, Denial of Renewal, Continuing Education Requirements, Procedures
for Complaints and Disciplinary Hearings, Ethical Standards, and the Effect
of Inactive License on Disciplinary Actions (Response
received 6-15-10 and confirmed 6-15-10.) |
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FP 2010-16 |
FISH AND GAME DEPARTMENT Fish and Game 2010/2011
Wildlife Rules (Response
received 5-27-10 and confirmed 5-27-10.) |
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Conditionally Approved
June 4, 2010: |
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FP 2010-18 |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Human
Services Hospice Services |
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FP 2010-20 |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Public
Health Services Ambulatory Surgical
Centers |
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FP 2010-21 |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Mental
Health and Developmental Services Family Supports and
Services to Children and Young Adults with Chronic Health Conditions |
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REGULAR
AGENDA |
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5. Consider postponing action on certain items
to another meeting. |
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6. DEPARTMENT
OF ENVIRONMENTAL SERVICES |
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(a) EXP 2010-2 Approval |
Division of Water (No JLCAR Deadline for expedited repeals.) |
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(b) EXP 2010-3 Approval |
Division of Water Disinfectant/Disinfection
Byproducts Rule - REPEAL (No JLCAR Deadline for expedited repeals.) |
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7. DEPARTMENT
OF SAFETY |
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(a) FP 2009-198 Approval with
Recommendation |
Modular Buildings and
Building Components Rules (JLCAR Deadline July 6, 2010.) |
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(b) FP 2010-50 Approval |
Various Watercraft Safety
Rules (JLCAR Deadline is August 2, 2010.) |
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8. ROR 2009-191 Approval with Recommendation |
BOARD OF EDUCATION (JLCAR Deadline August 25, 2010.) |
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9. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
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(a) INT 2010-5 Postponed to 6/25/10
Continued Meeting |
Former Division of Mental
Health and Developmental Services Rights Protection
Procedures (JLCAR Deadline September 9, 2010. Most of the existing rules will expire July
24, 2010.) |
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(b) FP 2010-26 Postponed to 6/25/10
Continued Meeting |
Commissioner Submission of Health Care
Facility Financial Data (JLCAR Deadline July 19, 2010.) |
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(c) FP 2010-43 Postponed to 6/25/10
Continued Meeting |
Former Division of Human
Services (JLCAR Deadline July 19, 2010.) |
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(d) FP 2010-44 Postponed to 6/25/10
Continued Meeting |
Former Division of Mental
Health and Developmental Services Community Mental Health
Services (JLCAR Deadline July 19, 2010.) |
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(e) FP 2010-45 Postponed to 6/25/10
Continued Meeting |
Former Division of Mental Health
and Developmental Services Children's Special Medical
Services (JLCAR Deadline July 19, 2010.) |
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(f) OR 2009-130 Final Objection |
Former Division of Mental
Health and Developmental Services Eligibility Determination and
Service Planning for Individuals With An Acquired Brain Disorder (JLCAR Deadline August 10, 2010.) |
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10. Discussion of status of LEAN process. No
Further Action |
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11. LUNCH BREAK |
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12. Responses
to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet
Received by Committee Staff: |
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(a) OR 2008-165 Postponed to 6/25/10
Continued Meeting |
BOARD OF MENTAL HEALTH
PRACTICE Practice and Procedure
Rules (No JLCAR deadline, because agency's objection response
deadline was waived.) |
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(b) OR 2008-166 Postponed to 6/25/10
Continued Meeting |
BOARD OF MENTAL HEALTH
PRACTICE Licensing Requirements,
Ethical and Professional Standards, Investigating Allegations, Disciplinary
Sanctions, Continuing Education Requirements for Licensees (No JLCAR deadline, because agency's objection
response deadline was waived.) |
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13. Responses
to Revised Objections Made in June 4, 2010 Meeting But Not Yet Received by
Committee Staff: |
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(a) ROR 2009-176 Postponed to 6/25/10
Continued Meeting |
LIQUOR COMMISSION (JLCAR Deadline September 7, 2010.) |
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OTHER
BUSINESS |
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14. Other |
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