REGULAR MEETING

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

July 16, 2020 - 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, Vice-Chair	Rep. William A. Hatch, Chair
Sen. Jeanne Dietsch	Rep. Kathleen Hoelzel
Sen. Jay Kahn	Rep. Carol M. McGuire
Sen. Ruth Ward	Rep. Peter B. Schmidt
Sen. David Watters	Rep. Kermit Williams
Sen. Regina Birdsell (Alt.)	Rep. Alan Bershtein (Alt.)
Sen. Shannon Chandley (Alt.)	Rep. Timothy Fontneau (Alt.)
Sen. Martha Fuller Clark (Alt.)	Rep. David Karrick (Alt.)
Sen. Lou D'Allesandro (Alt.)	Rep. Timothy Lang (Alt.)
Sen. James Gray (Alt.)	Rep. Dianne E. Schuett (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, 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 Revision to Form

EXIR – Expedited Amendment to Incorporation by Reference

CONSENT AGENDA

2. 9:05 a.m. Committee Approval of Final Proposals:

(No items)

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

(No items.)

4. 9:15 a.m. Committee Acceptance of Agency Responses to Objections:

(a) OR 2019-135

Accepted/Approved

BOARD OF PSYCHOLOGISTS

Informal Resolution, Post-Doctoral Supervision, Application Process, Temporary License Application, and Written Examinations

(JLCAR Deadline August 21, 2020.)

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 May 29, 2020:

FP 2019-177

BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

Mobile Barbershops

(Response received June 15, 2020 and confirmed June 18, 2020.)


FP 2020-14	DEPARTMENT OF REVENUE ADMINISTRATION Hearing Procedures Relating to Meals and Rooms (Rentals) Tax Licenses, and Tobacco Tax Licenses and Seizures (Response received June 16, 2020 and confirmed June 25, 2020.)

FP 2020-15	DEPARTMENT OF REVENUE ADMINISTRATION Meals and Rooms (Rentals Tax with Regard to Meals (Response received June 16, 2020 and confirmed June 25, 2020.)

FP 2020-16	DEPARTMENT OF REVENUE ADMINISTRATION Municipal Evaluation of Utility Company Distribution Assets (Response received June 16, 2020 and confirmed June 25, 2020.)

FP 2020-25	DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD Transfer of Animals and Birds (Response received June 3, 2020 and confirmed June 29, 2020.)

EXIR 2020-1	DEPARTMENT OF SAFETY Commissioner FMCSA Out-of-Service Criteria for Commercial Vehicle Transportation of Hazardous Material and Waste (Response received June 26, 2020 and confirmed June 26, 2020.)

EXIR 2020-2	DEPARTMENT OF SAFETY FMCSA Out-of-Service Criteria for Commercial Vehicle Transportation of Hazardous Material and Waste (Response received June 26, 2020 and confirmed June 26, 2020.)

*Conditionally Approved June 5, 2020:*

FP 2020-8	INSURANCE DEPARTMENT Pharmacy Benefits (Response received June 19, 2020 and confirmed June 22, 2020.)

EXIR 2020-3	DEPARTMENT OF SAFETY Commissioner FMCSA Out-of-Service Criteria for Commercial Vehicle Transportation Of School Vehicles (Response received June 26, 2020 and confirmed June 26, 2020.)

*ConditionallyConditionally Approved June 19, 2020:*

FP 2019-162	PUBLIC UTILITIES COMMISSION Net Metering for Customer-Owned Renewable Energy Generation Resources of 1,000 Kilowatts or less (Response received June 29, 2020 and confirmed June 29, 2020.)

FP 2019-212	DEPARTMENT OF CORRECTIONS Client Records Management (Response not yet received.)

FP 2020-19	GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS Processing of Applications, Eligibility Requirements, Administrative Obligations, and Temporary Licenses (Response not yet received.)

FP 2020-28	BOARD OF MEDICINE Criteria for Setting Fines (Response received July 1, 2020 and confirmed July 2, 2020)

FP 2020-42	DEPARTMENT OF EMPLOYMENT SECURITY Job Training Program (Response not yet received.)

REGULAR AGENDA

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

7. 9:20 a.m. INSURANCE DEPARTMENT

(a) FP 2020-31

Conditional Approval

Practices and Procedures

(JLCAR Deadline July 16, 2020.)

(Formerly Item #15(a) on June 19, 2020 Agenda.)

(b) FP 2020-38

Approval

Third Party Administrators—Application Forms

(JLCAR Deadline July 16, 2020.)

(Formerly Item #15(b) on June 19, 2020 Agenda.)

Approval

Electronic Filing Standards

(JLCAR Deadline July 16, 2020.)

(Formerly Item #15(c) on June 19, 2020 Agenda.)

8. 9:30 a.m. BOARD OF EDUCATION

(a) FP 2019-199 Conditional Approval

Special Education Teacher and Early Childhood Special Education Teacher

(JLCAR Deadline July 16, 2020. Former interim rule expired April 8, 2020 and replaced by emergency rule effective April 9, 2020 and expires October 6, 2020.)

(Formerly Item #10(a) on June 19, 2020 Agenda.)

(b) FP 2019-204 Conditional Approval

Credential Standards for Educational Personnel

(JLCAR Deadline July 16, 2020.)

(Formerly Item #10(b) on June 19, 2020 Agenda.)

How to Obtain a New Hampshire Educator License

(JLCAR Deadline July 16, 2020. Some former interim rules expired

April 8, 2020 and replaced by emergency rule effective April 9, 2020 and expires

October 6, 2020.)

(Formerly Item #10(c) on June 19, 2020 Agenda.)

(d) FP 2019-206 Conditional Approval

Requirements for Special Educator Endorsements

(JLCAR Deadline July 16, 2020.)

(Formerly Item #10(d) on June 19, 2020 Agenda.)

(e) FP 2019-207 Conditional Approval

Renewal and Denial of Credentials

(JLCAR Deadline July 16, 2020.)

(Formerly Item #10(e) on June 19, 2020 Agenda.)

(f) Discussion on the following emergency rule:

ER Doc #13069

No Further Action

Vocational Rehabilitation

(Effective July 14, 2020. Scheduled to expire January 10, 2021.)

9. 9:45 a.m. FISH AND GAME DEPARTMENT

FP 2019-194
Approval

Residency for Permits and Licenses and Off Highway Recreation Vehicles and Snowmobiles

(JLCAR Deadline July 16, 2020.)

(Formerly Item #11 on June 19, 2020 Agenda.)

10. 10:00 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

FP 2020-36

Conditional Approval

Commissioner

Operating Standards for Youth Recreation Camps and

Youth Skills Camps

(JLCAR Deadline August 10, 2020. Existing interim rules will expire July 22, 2020.)

11. 10:15 a.m. DEPARTMENT OF SAFETY

(a) FP 2019-202

Postponed to
August 20, 2020
Regular Meeting

Waiver Requested

Commissioner—TO BE POSTPONED; WAIVER NEEDED.

Road Toll Administration Rules

(JLCAR Deadline July 16, 2020. Some rules were interim rules that expired

June 29, 2020.)

(Formerly Item #13(a) on June 19, 2020 Agenda.)

(b) FP 2019-217

Conditional Approval

Commissioner

Fire and Life Safety Rules

(JLCAR Deadline July 16, 2020.)

(Formerly Item #13(b) on June 19, 2020 Agenda.)

(c) Response to petition May 29, 2020 to the Department of Safety relative to amending Saf-C 5503.02 to address the inconsistencies between the rule and the revised form DSSP 311 “Offender Registration Information” as outlined in Committee staff comments to Objection Response EXRF 2020-1.

No Further Action

12. 10:30 a.m. LIQUOR COMMISSION

FP 2019-152

Preliminary Objection

Liquor Licensing

(JLCAR Deadline July 16, 2020.)

(Formerly Item #17 on June 19, 2020 Agenda.)

13. 10:45 a.m. GOVERNING BOARD OF ATHLETIC TRAINERS

FP 2020-22
Postponed to
August 20, 2020

Regular Meeting

Waiver Requested

Requirements for Licensure

(JLCAR Deadline August 3, 2020.)

14. 10:55 a.m. GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

FP 2020-24

Approval

Organizational and Procedural Rules

(JLCAR Deadline August 10, 2020.)

15. 11:00 a.m. PHARMACY BOARD

FP 2020-45
Postponed to
August 20, 2020

Regular Meeting

Waiver Requested

Biennial Licensing

(JLCAR Deadline August 10, 2020)

16. 11:10 a.m. BOARD OF MEDICAL IMAGING AND RADIATION THERAPY

FP 2020-44
Conditional Approal with Recommendation

Continued Status

(JLCAR Deadline August 14, 2020.)

17. 11:20 a.m. Discussion on Petition Responses:

(a) Petition January 17, 2020 to the Board of Accountancy relative to amending Ac 301.04 and Ac 301.05 on initial certification and reciprocity to address JLCAR staff comments regarding the authority under RSA 309-B of the National Association of State Boards of Accountancy (NASBA).

(Response not yet filed. Response was due by March 23, 2020.)

Postponed to August 20, 2020

(b) Petition June 19, 2020 to the Board of Chiropractic Examiners relative to amending Ch 200 on practice and procedures and Ch 404.01(f) on continuing education to address the issues as outlined in Committee staff comments to Final Proposal 2020-41.

(Response not yet filed. Response is due by August 10, 2020.)

Postponed to August 20, 2020

OTHER BUSINESS

18. 11:30 a.m.