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.)

 

 

 

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

 

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

 

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

 

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

 

 

 

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.
Otherwise, agency cannot adopt the interim rule.

 

CONSENT AGENDA

 

2.   Committee Approval of Final Proposals:

 

 

(a)  FP 2008-63

Approval

BOARD OF EDUCATION

Alternative Education Programs

(JLCAR Deadline October 3, 2008.)

 

 

(b)  FP 2008-92

Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Ethical Standards

(JLCAR Deadline October 13, 2008.)

 

 

(c)  FP 2008-97

Approval

FISH AND GAME DEPARTMENT

Threatened and Endangered Wildlife Rules

(JLCAR Deadline October 13, 2008.)

 

 

(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.)

 

 

(e)  FP 2008-130

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Family Planning Services

(JLCAR Deadline October 17, 2008.)

 

 

(f)  FP 2008-133

Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Signature Required

(JLCAR Deadline October 20, 2008.)

 

 

(g)  FP 2008-134

Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Most Recent Employer

(JLCAR Deadline October 20, 2008.)

 

 

(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.)

 

 

(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.)

 

 

(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.)

 

 

3.   Committee Acceptance of Agency Responses to Objections:

 

 

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.

 

 

4.   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 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:

 

      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.)

 

 

      INT 2008-31

DEPARTMENT OF EMPLOYMENT SECURITY

Part-time Availability and Shift Availability

(Response received 8-21-08 and confirmed 8-22-08.)

 

 

      FP 2008-64

PUBLIC EMPLOYEE LABOR RELATIONS BOARD

Written Majority Authorization

(Response received 8-26-08 and confirmed 8-26-08.)

 

 

      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.)

 

 

Conditionally Approved September 4, 2008:

 

 

      FP 2008-36

DEPARTMENT OF LABOR

Certification of Vocational Rehabilitation Providers

(Response received 9-12-08 and confirmed 9-15-08.)

 

 

REGULAR AGENDA

 

5.   Consider postponing action on certain items to another meeting.

 

 

6.   FP 2008-101

Approval with Understanding

INSURANCE DEPARTMENT

Electronic Filings

(JLCAR Deadline September 29, 2008.)

 

 

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
June 30, 2008; HB 1509 (Chapter 291), effective July 1, 2008; and SB 310 (Chapter 371), effective July 1, 2008 and July 11, 2008.)

 

 

8.   DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(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
June 11, 2008.)

 

 

(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
June 11, 2008.)

 

 

(c)  FP 2008-118

Approval

Water Quality and Quantity Programs

Water Use Registration and Reporting

(JLCAR Deadline October 13, 2008.)

 

 

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.)

 

 

10.   FP 2008-76

Approval

BOARD OF EDUCATION

Early Childhood Education

(JLCAR Deadline October 3, 2008.)

 

 

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.)

 

 

12.   DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(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.)

 

 

(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.)

 

 

(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.)

 

 

(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.)

 

 

(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.)

 

 

(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.)

 

 

(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.)

 

 

13.   LUNCH BREAK

 

 

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.)

 

 

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.)

 

 

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.)

 

 

17.   Remaining Responses to Preliminary Objections Made in June 20, 2008 Meeting But Not Yet Received by Committee Staff:

 

 

OR 2007-220

Liquor Commission

License Information Requirements

(No JLCAR Deadline.  Agency's objection response deadline of August 4, 2008 has been waived.)

 

 

 

 

 

 

OTHER BUSINESS

 

18.   Other