JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR
MEETING
TENTATIVE
AGENDA
SEPTEMBER 16, 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 |
8. 9:30 am INT
2010-14 Fis |
|
9. 10:00 am FP's
2010-58 & 37 Ed |
Consent
Agenda |
10. 11:00 am FP 2010-67 Ins |
2. 9:05 am Final Proposals |
11. 12:00 pm LUNCH
BREAK |
3. 9:10 am Objection Responses |
12. 1:00 pm FP 2010-67 Ins (Item #10 continued) |
4. 9:12 am Preliminary Objections |
13. 3:00 pm FP 2010-79 Fis |
|
14. 3:30 pm FP's 2010-77 Env-Wq & 2010-81 Env-A |
Regular
Agenda |
15. 4:00 pm ROR's
from 8-19-10 & 9-2-10 Meetings |
5. 9:13 am Postpone Items |
|
6. 9:15 am INT 2010-11 Rev |
Other Business |
7. 9:20 am INT 2010-12 He-M |
16. 6:30 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: |
|
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 |
|
|
|
2. Committee
Approval of Final Proposals and Proposed Interim Rules: |
|
|
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(a) FP 2010-62 Approval |
PUBLIC UTILITIES
COMMISSION Competitive Natural Gas
Supplier and Aggregator Rules (JLCAR Deadline October 18, 2010.) |
|
|
(b) FP 2010-74 Approval |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Air Related Programs Revisions to Statewide Air
Permit System (JLCAR Deadline October 15, 2010.) |
|
|
(c) FP 2010-75 Approval |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Air Related Programs Amendments Relating to
Permit-By-Notification; Determination of Actual Emissions for Use in
Calculating Emission-Based Fee (JLCAR Deadline October 15, 2010.) |
|
|
(d) FP 2010-76 Approval |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Air Related Programs Sand and Gravel Sources; Non-Metallic Mineral
Processing Plants; Cement & Concrete Sources (JLCAR
Deadline October 15, 2010.) |
|
|
(e) FP 2010-83 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Telephone Redeterminations (JLCAR
Deadline October 11, 2010.) |
|
|
(f) FP 2010-85 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Expiring Rules Related to Personal Interview
Requirements in the Adult Categories of Financial and Medical Assistance and
the Requirements for Excluding Certain Income in the Food Stamp Program (JLCAR
Deadline October 11, 2010.) |
|
|
(g)
FP 2010-86 Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Personal
Needs Allowance (JLCAR Deadline October 11, 2010.) |
|
|
(h) FP 2010-88 Approval |
BOARD OF REGISTRATION IN
OPTOMETRY Application for TPA Certification and Approved
Continuing Education for Optometrists (JLCAR
Deadline October 15, 2010.) |
|
|
(i) INT 2010-13 Approval |
DEPARTMENT OF EMPLOYMENT SECURITY Successive Benefit Year Earnings Requirement (JLCAR
Deadline December 2, 2010. Existing
rules will expire September 27, 2010.) |
|
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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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|
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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. |
|
|
|
Conditionally
Approved July 15, 2010: |
|
|
|
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.) |
|
|
Conditionally
Approved August 19, 2010: |
|
|
|
FP 2010-47 |
FISH AND GAME DEPARTMENT Fish and Game – Field Trial
Rules (Response received 8-25-10 and confirmed 8-25-10.) |
|
|
INT 2010-10 |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Division of Eldery and
Adult Services Nursing Facilities
Services (Response received 8-25-10 and confirmed 8-25-10.) |
|
|
FP 2010-10 |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Mental
Health and Developmental Services Certification Standards
for Community Residences (Response received 8-25-10 and confirmed 8-25-10.) |
|
|
FP 2010-72 |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Commissioner Child Care Family Cost
Share and Improper Billing (Response received 8-24-10 and confirmed 8-24-10.) |
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|
Conditionally
Approved September 2, 2010: |
|
|
|
FP 2010-23 |
DEPARTMENT OF SAFETY Various Road Toll
Administrative Rules (Response received 9-8-10 and confirmed 9-8-10.) |
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FP
2010-64 |
DEPARTMENT OF JUSTICE Land Sales Full Disclosure Rules (Response received
9-3-10 and confirmed 9-7-10.) |
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FP
2010-65 |
DEPARTMENT OF JUSTICE Condominium Rules (Response received
9-3-10 and confirmed 9-7-10.) |
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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. INT 2010-11 Approval |
DEPARTMENT OF REVENUE ADMINISTRATION Medicaid Enhancement Tax (MET) (JLCAR
Deadline December 2, 2010. Most
existing rules expired August 17, 2010.
Amendment to existing rule Rev 2303.01(a) implements Chapter 1:12 of
Laws of 2010, effective July 1, 2010.) |
|
|
7. INT 2010-12 Conditional
Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental
Health and Developmental Services Certification Standards for Behavioral
Health Community Residences (JLCAR
Deadline December 2, 2010. Existing
rules will expire September 26, 2010.) |
|
|
8. INT 2010-14 Conditional
Approval |
FISH AND GAME DEPARTMENT Commercial Fisherman Sustainability (JLCAR
Deadline December 2, 2010.) |
|
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9. BOARD
OF EDUCATION |
|
|
|
(a) FP 2010-58 Approval |
Endorsement for Reading
and Writing Teacher (JLCAR Deadline September 27, 2010.) |
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(b) FP 2010-37 Conditional Approval |
Definitions and Parental
Consent (JLCAR Deadline September 27, 2010.) |
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|
10. FP
2010-67 Recessed to 9/24/10 Continued Meeting – 12:00 Noon |
INSURANCE
DEPARTMENT New
Hampshire Medical Malpractice Joint Underwriting Plan (JLCAR Deadline October18, 2010.) |
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11. LUNCH BREAK |
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12. FP 2010-67 Recessed to 9/24/10 Continued Meeting
– 12:00 Noon |
INSURANCE DEPARTMENT New Hampshire Medical Malpractice Joint
Underwriting Plan (JLCAR
Deadline October18, 2010.) |
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NOTE: This is a continuation of the discussion of
Item #10 above. |
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13. FP 2010-79 Postponed to 10/7/10 Continued
Meeting |
FISH AND GAME DEPARTMENT Fish and Game Licenses and Permits; Hunt of
a Lifetime Exception (JLCAR
Deadline October 11, 2010.) |
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14. DEPARTMENT OF ENVIRONMENTAL SERVICES |
|
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(a) FP 2010-77 Postponed to 10/7/10
Continued Meeting |
Water Quality and Quantity
Programs Winnipesaukee River Basin
Program Rules (JLCAR Deadline October 18, 2010.) |
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(b) FP 2010-81 Postponed to 10/7/10
Continued Meeting |
Air Related Programs Nitrogen Oxides (NOx)
Reasonably Available Control Technology (RACT) (JLCAR Deadline October 18, 2010.) |
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15. Response to Revised Objections Made In
August 19, 2010 and September 2, 2010 Meetings But Not Yet Received by
Committee Staff: |
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(a) ROR 2008-165 Postponed to 10/7/10
Continued Meeting |
BOARD OF MENTAL HEALTH
PRACTICE Practice and Procedure
Rules (JLCAR Deadline November 23, 2010.) |
|
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(b) ROR 2008-166 Postponed to 10/7/10
Continued Meeting |
BOARD OF MENTAL HEALTH
PRACTICE Licensing Requirements,
Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions,
Continuing Education Requirements for Licensees (JLCAR Deadline December 7, 2010.) |
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OTHER
BUSINESS |
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16. Other |
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