JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR
MEETING
TENTATIVE
AGENDA
AUGUST 19, 2010 - 9:00 a.m.
ROOMS 306/308
LEGISLATIVE OFFICE BUILDING *
*Room 305 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.) |
|
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 |
10. 11:15 am OR's 2008-165 & 166 Mhp |
2. 9:05 am Disc. on Manual |
11. 1:00 pm LUNCH
BREAK |
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12. 2:00 pm FPs 2010-23 & 2010-40 Saf-C |
Consent
Agenda |
13. 3:00 pm INT 2010-9 Frl |
3. 9:15 am Final
Proposals |
14. 3:15 pm FP's 2010-64 & 65 Jus |
4. 9:20 am Objection
Responses |
15. 3:45 pm Disc.
On ER's Emp |
5. 9:25 am Preliminary
Objections |
16. 4:15 pm OR
from 7-15-10 Meeting |
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Regular
Agenda |
Other Business |
6. 9:27 am Postpone
Items |
17. 4:30 pm Other |
7. 9:30 am FP
2010-47 & INT 2010-8 Fis |
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8. 10:00 am FP
2010-61 Puc |
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9. 10:15 am INT
2010-10 He-E, FP 2010-10 He-M, |
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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
2. Discussion on amendments to the Drafting
and Procedure Manual for Administrative Rules
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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3. Committee
Approval of Final Proposals: |
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(a) FP 2010-53 Approval |
FISH AND GAME DEPARTMENT Fish and Game 2011 Fishing
Rules (JLCAR Deadline September 7, 2010.) |
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(b) FP 2010-55 |
BOARD OF DENTAL EXAMINERS Dental Assistants, Board
Committees, and Dental Radiographs (JLCAR Deadline September 3, 2010.) |
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(c) FP
2010-56 |
BOARD OF DENTAL EXAMINERS Course Approval,
Substitute Terms, Anesthesia/Sedation Permits, (JLCAR Deadline September 3, 2010.) |
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(d) FP 2010-68 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Divison of Human Services Prenatal and Child/Family Health Care Support
Services (JLCAR
Deadline September 20, 2010.) |
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(e) FP 2010-71 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Division of Elderly and Adult Services Nursing Assistant Training Reimbursement (JLCAR
Deadline September 20, 2010.) |
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4. Committee
Acceptance of Agency Responses to Objections: |
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(a) OR 2010-17 Accepted/Approved |
BANKING DEPARTMENT (JLCAR Deadline October 19, 2010.) See * Below. |
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* This rule was conditionally approved on July
15, 2010. The conditional approval
converted pursuant to RSA 541-A:13, V(a) into a preliminary objection when
the response was filed. Different
dates had been selected by the agency as the correct dates for incorporated
documents compared with what the JLCAR had conditionally approved. All other issues in the conditional
approval have been addressed, and no further bases for objection remain. |
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5. 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 July 15, 2010: |
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FP 2010-59 |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Human
Services Food Stamp Employment and
Training Program (Response
received 7-20-10 and confirmed
7-21-10.) |
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|
FP 2010-24 |
BOARD OF EXAMINERS OF
NURSING HOME ADMINISTRATORS Explanation After Adoption of Rules, License Appplication
Procedures, Discliplinary Matters Including Fines, Continuing Education
Standards, and Ethical Standards (Response
not received yet.) |
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FP 2010-38 |
DEPARTMENT OF SAFETY Display Fireworks Rules (Response received 7-27-10 and confirmed 7-29-10.) |
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FP 2010-17 |
BANKING DEPARTMENT Fidelity Coverage Requirements (Response
received 7-23-10. Not confirmed. Conditional approval converted to
preliminary objection. See Item #3(a)
of 8-19-10 agenda.) |
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REGULAR
AGENDA |
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6. Consider postponing action on certain items
to another meeting. |
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7. FISH
AND GAME DEPARTMENT |
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(a) FP 2010-47 Conditional Approval |
Fish and Game – Field
Trial Rules (JLCAR Deadline August 26, 2010.) |
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(b) INT 2010-8 Approval with
Recommendation |
Lobster Tail Processing (JLCAR Deadline October 28, 2010. Interim rule implements 2010-56 (HB 1425),
effective July 1, 2010.) |
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8. FP 2010-61 Approval |
PUBLIC UTILITIES COMMISSION Competitive Electric Power Supplier and
Aggregator Rules (JLCAR
Deadline September 20, 2010. Existing
rules will expire September 4, 2010.) |
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9. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
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(a) INT 2010-10 Conditional Approval |
Division of Elderly and
Adult Services Nursing Facilities
Services (JLCAR Deadline November 4, 2010. Existing regular rules expired August 17,
2010.) |
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(b) FP 2010-10 Conditional Approval |
Former Division of Mental
Health and Developmental Services Certification Standards
for Community Residences (JLCAR Deadline August 30, 2010. Most of the former rules expired April 23,
2010.) |
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(c) FP 2010-72 Conditional Approval |
Commissioner Child Care Family Cost Share and Improper
Billing (JLCAR
Deadline September 20, 2010. Certain
provisions will expire as an emergency rule on August 28, 2010.)) |
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(d)
FP 2010-63 Approval |
Former Division of Human Services Criteria for Exemptions to the 60-Month Lifetime
Limit on Receipt of Financial (JLCAR Deadline September 13, 2010.) |
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10. BOARD OF MENTAL HEALTH PRACTICE |
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(a) OR 2008-165 Revised Objection |
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 9/2/10
Continued Meeting |
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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11. LUNCH BREAK |
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12. DEPARTMENT OF SAFETY |
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(a) FP 2010-23 Postponed to 9/2/10
Continued Meeting |
Various Road Toll Administrative Rules (JLCAR
Deadline September 23, 2010.) |
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(b) FP 2010-40 Postponed to 9/2/10
Continued Meeting |
Emergency Medical Services (JLCAR
Deadline September 20, 2010. Most
rules expired May 21, 2010.) |
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13. INT 2010-9 Postponed to 9/2/10 Continued
Meeting |
BOARD OF REGISTRATION OF FUNERAL DIRECTORS
AND EMBALMERS Practice and Procedure (JLCAR
Deadline November 4, 2010. Former
rules expired January 1, 2007.) |
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14. DEPARTMENT OF JUSTICE |
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(a) FP 2010-64 Postponed to 9/2/10
Continued Meeting |
Land Sales Full Disclosure
Rules (JLCAR Deadline September 16, 2010. Existing interim rule will expire September
27, 2010.) |
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(b) FP 2010-65 Postponed to 9/2/10
Continued Meeting |
Condominium Rules (JLCAR Deadline September 16, 2010. Existing interim rule will expire September
27, 2010.) |
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15. Discussion of the following Emergency Rules: |
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DEPARTMENT OF EMPLOYMENT
SECURITY |
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(a) Doc. #9761 Postponed to 9/2/10
Continued Meeting |
Coordination of Emergency Unemployment
Compensation with Regular Compensation |
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(b) Doc. #9764 Postponed to 9/2/10
Continued Meeting |
Emergency Unemployment Compensation and the
State-Federal Extended Benefits Program |
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16.
Response to Preliminary Objection Made In July 15, 2010 Meeting But
Not Yet Received by Committee Staff: |
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(a)
OR 2010-26 Postponed to 9/2/10
Continued Meeting |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Submission of Health Care Facility Financial Data (JLCAR
Deadline October 19, 2010.) |
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OTHER
BUSINESS |
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17. Other |
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