JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR
MEETING
TENTATIVE
AGENDA
JULY 17, 2008 - 9:00 a.m.
ROOM 100 STATE HOUSE
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.) |
Alida I. Millham (Alt.) |
Joseph D. Kenney (Alt.) |
Suzanne H. Gottling (Alt.) |
Peter E. Bragdon (Alt.) |
Laurie J. Boyce (Alt.) |
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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 |
11. 11:15 am FP
2008-75 Par |
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12. 11:30 am INT 2008-26 He-C &
FP 2008-90 He-P |
Consent
Agenda |
13. 12:00 pm Disc.
on emergency rule Alc |
2. 9:05 am Final
Proposals |
14. 12:30 pm Disc.
on JLCAR rule amendments |
3. 9:10 am Objection
Responses |
15. 1:00 pm LUNCH
BREAK |
4. 9:12 am Preliminary
Objections |
16. 2:00 pm FP
2008-58 He-Hea |
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17. 2:15 pm FP
2008-73 Saf-C |
Regular
Agenda |
18. 2:30 pm INT
2008-27 & FP 2008-68 He-W, |
5. 9:13 am Postpone
Items |
FP 2008-69 He-E, FP's 2008-81
& 82 |
6. 9:15 am FP
2008-40 Ph |
He-C, & 2008-84
He-P |
7. 10:00 am FP
2008-61 Lab |
19. 3:30 pm OR's
from 6-20-08 Meeting |
8. 10:30 am INT
2008-22 Bar |
20. 3:45 pm OR's
from 6-27-08 Meeting |
9. 10:40 am INT
2008-23 Fire |
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10. 10:50 am INT
2008-25 Env-Wm, FP 2008-71 |
Other Business |
Env-Or, & EXP 2008-1 Env-A |
21. 4:00 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 and Proposed Interim Rules: |
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(a) FP 2008-56 Approval |
GOVERNING BOARD OF PHYSICAL THERAPISTS Requirements for Licensure (JLCAR
Deadline August 4, 2008.) |
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(b) FP 2008-59 Approval |
HEALTH SERVICES
PLANNING AND REVIEW BOARD Ambulatory Surgical Facilities (JLCAR
Deadline August 11, 2008. Former
regular rules expired May 10, 2008.) |
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(c)
FP 2008-60 Approval |
BOARD
FOR THE LICENSING AND REGULATION OF PLUMBERS Fees
for Plumbing Inspections (JLCAR
Deadline August 4, 2008.) |
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(d) FP
2008-72 Postponed
to 7/31/08 Continued Meeting |
BOARD OF REGISTRATION IN OPTOMETRY Out-of-State
Contact Lens Dispensers, Continuing Education for Optometrists, Standard of
Conduct, and Contact Lens Follow-up Care (JLCAR
Deadline August 7, 2008.) |
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(e) FP 2008-74 Approval |
ADULT PAROLE BOARD Practice and Procedure Rules (JLCAR
Deadline August 18, 2008. Former
interim rules expired July 9, 2008.) |
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(f) FP 2008-77 Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Revisions
to He-W 400 and Expiring Rules Related to Case Prioritization and Case
Closure (JLCAR
Deadline August 11, 2008.) |
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(g) FP 2008-78 Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of Human Services Expiring Rules Related to Four and Twelve Month
Extended Medical Assistance, and the Definition of ABAWD in the Food Stamp
Program (JLCAR
Deadline August 11, 2008.) |
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(h) FP 2008-83 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Certification for Payment Standards for Child Care
Services Providers (JLCAR
Deadline August 18, 2008.) |
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(i) FP 2008-87 Approval |
COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION New
Hampshire College Tuition Savings Plan Unique Annual Allocation Program (JLCAR Deadline August 8, 2008.) |
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(j) FP
2008-89 Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Financial
Assistance to Needy Families Payment Standard Increase (JLCAR
Deadline August 18, 2008.) |
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(k) INT 2008-24 Approval |
FISH AND GAME DEPARTMENT Fish and Game Various Marine Rules (JLCAR
Deadline October 1, 2008. Regular rules
expired March 16, 2008 or will expire October 7, 2008.) |
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(l) INT 2008-28 Approval |
PUBLIC
UTILITIES COMMISSION Underground
Utility Damage Prevention Program (JLCAR
Deadline October 1, 2008. Existing
rules will expire August 23, 2008.) |
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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 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 June 20, 2008: |
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FP 2008-48 |
PERSONNEL
APPEALS BOARD Procedural
Rules (Response
received 7-9-08 and confirmed 7-10-08.) |
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FP 2008-65 |
PARI-MUTUEL COMMISSION Harness and Greyhound Racing License Fees (Response
received 7-7-08 and confirmed 7-10-08.) |
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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. FP 2008-40 Objection |
PHARMACY
BOARD Mail-Order
Pharmacies (JLCAR
Deadline July 21, 2008.) (Formerly Item #18 on 6-20-08 and 6-27-08
agendas.) |
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7. FP 2008-61 Approval |
DEPARTMENT
OF LABOR Managed
Care Rules (JLCAR
Deadline July 21, 2008.) (Formerly Item #19 on 6-20-08 and 6-27-08
agendas.) |
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8. INT 2008-22 Approval |
BOARD
OF BARBERING, COSMETOLOGY, AND ESTHETICS Violation
Points and Administrative Fine Procedures (JLCAR
Deadline September 18, 2008. Existing
rules will expire July 26, 2008.) |
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9. INT 2008-23 Approval |
FIRE
STANDARDS AND TRAINING COMMISSION Interim
Fire Standards and Training Commission Rules (JLCAR
Deadline September 25, 2008. Existing
rules will expire August 1, 2008.) |
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10. DEPARTMENT OF ENVIRONMENTAL SERVICES |
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(a) INT 2008-25 Approval |
Division of Waste Management Hazardous Waste Management Interim Rules (JLCAR
Deadline October 1, 2008. Most of the
existing rules will expire August 1, 2008.) |
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(b) FP 2008-71 Approval |
Oil Remediation Programs Contaminated Site Management Amendments (JLCAR
Deadline August 1, 2008.) |
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(c) EXP 2008-1 Approval |
Air Related Programs Oxygen-Flexible Reformulated Gasoline - REPEAL (Expedited
Repeal; No JLCAR Deadline.) |
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11. FP
2008-75 Conditional Approval |
ADULT PAROLE BOARD Rules of the Adult Parole Board (JLCAR
Deadline August 18, 2008. Former
interim rules expired July 9, 2008.) |
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12. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) INT 2008-26 Approval |
Commissioner Child Care Provider Payment Rates (JLCAR
Deadline October 1, 2008. Implements
SB 325, effective May 12, 2008, and 45 CFR 98.42(b) and 45 CFR 98.43(c).) |
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(b) FP 2008-90 Approval |
Former Division of Public Health Services Lead Poisoning Prevention and Control Rules (JLCAR
Deadline August 18, 2008. Former
interim rules expired July 1, 2008.) |
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13. Discussion on the following emergency rule
effective July 1, 2008: No
Further Action |
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BOARD OF LICENSING FOR ALCOHOL AND OTHER
DRUG ABUSE COUNSELORS Peer Collaboration (Doc. #9199) (No
JLCAR Deadline. JLCAR may only
petition, if necessary, for a repeal.) |
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14. Discussion on amendments to Committee rules regarding
reconsideration. (Formerly Item #19 on 5-16-08 and 6-6-08
agendas and Item #20 on 6-20-08 and 6-27-08 agendas.) Approval |
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16. FP
2008-58 Postponed to 7/31/08 Continued
Meeting |
HEALTH SERVICES
PLANNING AND REVIEW BOARD Magnetic Resonance Imaging Scanners (MRI) (JLCAR
Deadline August 18, 2008. Former
regular rules expired May 10, 2008.) |
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17. FP 2008-73 Approval |
DEPARTMENT
OF SAFETY Rental
Agent Rules (JLCAR
Deadline August 15, 2008.) |
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18. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
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(a) INT 2008-27 Postponed to 7/31/08
Continued Meeting |
Former Division of Human Services Expanded Health Care Coverage for Certain Low-Income
Children (JLCAR
Deadline October 1, 2008. Implements federal
directive that requires rules to be effective on August 17, 2008.) |
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(b) FP 2008-68 Postponed to 7/31/08
Continued Meeting |
Former Division of Human Services Undue Hardship (JLCAR
Deadline August 11, 2008.) |
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(c) FP 2008-69 Postponed to 8/21/08
Regular Meeting |
Division of Elderly and Adult Services Targeted Case Management Services (JLCAR
Deadline August 18, 2008.) |
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(d) FP 2008-81 Postponed to 7/31/08
Continued Meeting |
Commissioner Certification for Payment Standards for Foster Care
Services (JLCAR
Deadline August 18, 2008.) |
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(e) FP 2008-82 Postponed to 7/31/08
Continued Meeting |
Commissioner Certification for Payment Standards for
Medical/Dental Service Providers (JLCAR
Deadline August 18, 2008.) |
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(f) FP 2008-84 Postponed to 7/31/08
Continued Meeting |
Former Division of Public Health Services Community Residences at the Residential Care and
Supported Residential Care Level (JLCAR
Deadline August 18, 2008.) |
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19. Remaining
Responses to Preliminary Objections Made in June 20, 2008 Meeting But Not Yet
Received by Committee Staff: |
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(a) OR 2007-220 |
Liquor Commission License Information Requirements (JLCAR
Deadline September 23, 2008.) |
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20. Remaining
Responses to Preliminary Objections Made in June 27, 2008 Meeting But Not Yet
Received by Committee Staff: |
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(a) OR 2007-221 |
BOARD
OF EDUCATION Modern
Language, Reading & Writing Specialist, Social Worker and Dance; Also Certification for Physical Education,
Classical Languages, and Music (JLCAR
Deadline September 30, 2008) |
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(b) OR 2008-37 |
DEPARTMENT
OF AGRICULTURE, MARKETS, AND FOOD Nursery
and Nursery Stock (JLCAR
Deadline September 30, 2008) |
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OTHER
BUSINESS |
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21. Other |
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