JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR
MEETING
TENTATIVE
AGENDA
SEPTEMBER 18, 2008 - 9:00 a.m.
ROOMS 306/308
LEGISLATIVE OFFICE BUILDING
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 |
Suzanne H. Gottling |
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.) |
Laurie J. Boyce (Alt.) |
Peter E. Bragdon (Alt.) |
(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 |
10. 10:15 am FP
2008-76 Ed |
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11. 10:30 am FP
2008-128 Rea |
Consent
Agenda |
12. 11:00 am FP's 2008-136 He-W, 2008-143 He-M, |
2. 9:05 am Final
Proposals |
2008-137 He-W, 2008-95 & 138 He-C, |
3. 9:10 am Objection
Responses |
2008-142 He-P, &
2008-147 He-W |
4. 9:12 am Preliminary
Objections |
13. 1:00 pm LUNCH
BREAK |
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14. 2:00 pm OR
2008-40 Ph |
Regular
Agenda |
15. 2:30 pm OR
2008-72 Opt |
5. 9:13 am Postpone
Items |
16. 3:00 pm OR
2008-84 He-P |
6. 9:15 am FP
2008-101 Ins |
17. 3:15 pm OR's
from 6-20-08 Meeting |
7. 9:30 am INT
2008-34 Pari |
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8. 9:45 am INT's
2008-35 & 36 Env-A, |
Other Business |
FP 2008-118 Env-Wq |
18. 3:30 pm Other |
9. 10:00 am OR
2008-37 Agr |
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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
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 2008-63 Approval |
BOARD OF EDUCATION Alternative Education Programs (JLCAR
Deadline October 3, 2008.) |
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(b) FP 2008-92 Approval |
GOVERNING BOARD OF PHYSICAL THERAPISTS Ethical Standards (JLCAR
Deadline October 13, 2008.) |
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(c) FP 2008-97 Approval |
FISH AND GAME DEPARTMENT Threatened and Endangered Wildlife Rules (JLCAR
Deadline October 13, 2008.) |
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(d) FP 2008-126 Approval |
DIVISION OF
PERSONNEL DEPARTMENT OF
ADMINISTRATIVE SERVICES Amendments to Rules on Dismissal During
Probationary Period and Layoff (JLCAR
Deadline October 20, 2008.) |
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(e)
FP 2008-130 Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Family
Planning Services (JLCAR
Deadline October 17, 2008.) |
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(f) FP
2008-133 Approval |
DEPARTMENT OF EMPLOYMENT SECURITY Signature
Required (JLCAR
Deadline October 20, 2008.) |
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(g) FP 2008-134 Approval |
DEPARTMENT OF EMPLOYMENT SECURITY Most Recent Employer (JLCAR
Deadline October 20, 2008.) |
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(h) FP 2008-144 Approval |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Human
Services Elimination of the Transitional Assessment Planning Category
of Assistance, Expanded Post-Secondary Work Activities, and Eligibility
Changes to the Interim Disabled Parent Category of Assistance (JLCAR
Deadline October 17, 2008.) |
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(i) FP 2008-145 Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Expiring
Rules Related to Disregards & Deductions for the Adult Categories of
Assistance, Financial Assistance to Needy Families, & Nursing Facility
Assistance (JLCAR Deadline October 20, 2008.) |
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(j) FP 2008-146 Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Redeterminations for Financial and Medical
Assistance (JLCAR
Deadline October 20, 2008.) |
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3. Committee
Acceptance of Agency Responses to Objections: |
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OR 2007-221* Approval |
BOARD
OF EDUCATION Modern
Language, Reading & Writing Specialist, Social Worker and Dance; Also Certification for Physical Education,
Classical Languages, and Music (No
JLCAR Deadline. Agency's objection
response deadline of August 11, 2008 has been waived.) (Formerly Item #18 on 8-21-08 and 9-4-08
agendas.) *Consent applies only to the Amended
Objection Response. |
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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 August 21, 2008: |
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INT 2008-29 |
DEPARTMENT
OF REVENUE ADMINISTRATION Land
and Community Heritage Investment Program Recording Surcharge (Response received 8-25-08
and confirmed 8-25-08.) |
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INT 2008-31 |
DEPARTMENT OF EMPLOYMENT SECURITY Part-time Availability and Shift Availability (Response received
8-21-08 and confirmed 8-22-08.) |
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FP 2008-64 |
PUBLIC EMPLOYEE LABOR
RELATIONS BOARD Written Majority Authorization (Response received
8-26-08 and confirmed 8-26-08.) |
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FP 2008-69 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Division of Elderly and Adult Services Targeted Case Management Services (Response received 8-22-08
and confirmed 8-22-08.) |
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Conditionally
Approved September 4, 2008: |
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FP 2008-36 |
DEPARTMENT OF LABOR Certification of Vocational Rehabilitation Providers (Response received
9-12-08 and confirmed 9-15-08.) |
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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 2008-101 Approval with Understanding |
INSURANCE
DEPARTMENT Electronic
Filings (JLCAR
Deadline September 29, 2008.) |
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7. INT 2008-34 Approval with Recommendation |
RACING
AND CHARITABLE GAMING COMMISSION Games
of Chance (JLCAR
Deadline December 4, 2008. Implements
HB 1302 (Chapter 285), effective |
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8. DEPARTMENT OF ENVIRONMENTAL SERVICES |
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(a) INT 2008-35 Conditional Approval |
Air
Related Programs Carbon
Dioxide (CO2) Budget Trading Program (JLCAR
Deadline December 4, 2008. Implements HB
1434 (Chapter 182), effective |
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(b) INT 2008-36 Approval with
Understanding |
Air
Related Programs Carbon
Dioxide (CO2) Allowance Auction Program (JLCAR
Deadline December 4, 2008. Implements
HB 1434 (Chapter 182), effective |
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(c) FP 2008-118 Approval |
Water
Quality and Quantity Programs Water
Use Registration and Reporting (JLCAR
Deadline October 13, 2008.) |
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9. OR 2008-37 |
DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD |
Approval with Recommendation |
Nursery and Nursery Stock (JLCAR
Deadline September 30, 2008.) (Formerly Item #16 on 8-21-08 and 9-4-08
agendas.) |
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10. FP
2008-76 Approval |
BOARD OF EDUCATION Early Childhood Education (JLCAR
Deadline October 3, 2008.) |
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11. FP 2008-128 Conditional Approval with
Understanding |
REAL ESTATE COMMISSION Application Procedures; Fees; Accreditations;
Examinations; Continuing Education; Licenses; Ongoing Requirements; Code of
Ethics; and Conduct of Licensees (JLCAR
Deadline October 10, 2008.) |
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12. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) FP 2008-136 Approval |
Former Division of Human Services Medical Assistance for Home Care of Children with
Severe Disabilities (JLCAR
Deadline October 20, 2008. Former
rules expired July 1, 2005 and area covered by RSA 167:3-f.) |
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(b) FP 2008-143 Conditional Approval |
Former Division of Mental Health and Developmental
Services Community Mental Health Services (JLCAR
Deadline October 20, 2008. Existing
emergency rule He-M 406.14 (Doc. #9118) will expire on September 28, 2008.) |
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(c) FP 2008-137 Approval |
Former Division of Human
Services Citizenship/Identity Requirements for All Categories
of Financial and Medical Assistance (JLCAR
Deadline October 13, 2008.) |
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(d) FP 2008-95 Postponed to 10/2/08
Continued Meeting |
Commissioner Certification for Payment Standards for
Community-Based Behavioral Health Service Providers (JLCAR
Deadline October 20, 2008.) |
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(e) FP 2008-138 Postponed to 10/2/08
Continued Meeting |
Commissioner Certification for Payment Standards for Recreation
Service Providers (JLCAR
Deadline October 20, 2008.) |
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(f) FP 2008-142 Postponed to 10/2/08
Continued Meeting |
Former Division of Public Health Services Home Hospice Care Providers (JLCAR
Deadline October 20, 2008.) |
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(g) FP 2008-147 Postponed to 10/2/08
Continued Meeting |
Former Division of Human Services Home and Community-Based Care Medically Needy
Eligibility (JLCAR
Deadline October 20, 2008.) |
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14. OR 2008-40 Postponed to 10/2/08
Continued Meeting |
PHARMACY
BOARD Mail-Order
Pharmacies (JLCAR
Deadline October 22, 2008.) (Formerly Item #19 on 8-21-08 and 9-4-08
agendas.) |
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15. OR 2008-72 Postponed to 10/2/08
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 November 4, 2008.) |
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16. OR 2008-84 Postponed to 10/2/08 Continued
Meeting |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Community Residences at the Residential Care and
Supported Residential Care Level (JLCAR
Deadline November 4, 2008. Objection
Response not yet reviewed by Committee Staff.) |
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17. Remaining Responses to Preliminary
Objections Made in June 20, 2008 Meeting But Not Yet Received by Committee
Staff: |
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OR 2007-220 |
Liquor Commission License Information Requirements (No
JLCAR Deadline. Agency's objection
response deadline of August 4, 2008 has been waived.) |
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OTHER
BUSINESS |
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18. Other |
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