JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

SEPTEMBER 20, 2007 - 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

Bonnie G. Mitchell

Robert J. Letourneau

Betsey L. Patten

Michael Downing

James R. MacKay

Iris W. Estabrook (Alt.)

John DeJoie (Alt.)

Kathleen G. Sgambati (Alt.)

James F. Powers (Alt.)

Peter Hoe Burling (Alt.)

Kimberley S. Casey (Alt.)

Joseph D. Kenney (Alt.)

Sharon M. Carson (Alt.)

Peter E. Bragdon (Alt.)

Alida I. Millham (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.  10:45 am    FP 2007-81 Plu

 

11.  11:00 am    FP's 2007-97 & 109 Saf-C

Consent Agenda

12.  11:45 am    FP 2007-98 Arb

2.    9:05 am    Final Proposals

13.  12:00 pm    FP 2007-92 Ac

3.    9:10 am    Objection Responses

14.  12:30 pm    OR 2007-36 Ins

4.    9:12 am    Preliminary Objections

15.    1:00 pm    LUNCH BREAK

 

16.    2:00 pm    OR's from 8-16-07 Meeting

Regular Agenda

17.    2:15 pm    OR's from 9-6-07 Meeting

5.    9:13 am    Postpone Items

 

6.    9:15 am    INT's 2007-22 & 23 Env-Ws

Other Business

7.    9:30 am    INT 2007-24 Emp

18.    2:30 pm    Other

8.    9:40 am    INT 2007-25 He-W &

 

                      FP 2007-116 He-C

 

9.  10:30 am    FP 2007-60 Rec

 

 

 

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule


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 2007-57

Approval

 

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Organizational Rules

(JLCAR Deadline September 24, 2007.)

 

 

(b)  FP 2007-58

Approval

 

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Procedural Rules

(JLCAR Deadline September 24, 2007.)

 

 

(c)  FP 2007-59

Approval

 

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Procedures for the Receipt of Misconduct Complaints and the Conduct of Disciplinary

Hearings; Settlements; Explanation of Adopted Rules; Voluntary Surrender of License

(JLCAR Deadline September 24, 2007.)

 

 

(d)  FP 2007-70

Approval

 

PESTICIDE CONTROL BOARD

Public Hearings; Condition for Granting "Special Permits";

Pesticide Applications within 25 Feet of the Reference Line

(JLCAR Deadline October 15, 2007.)

 

 

(e)  FP 2007-73

Approval

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

De-Identification of Information

(JLCAR Deadline October 8, 2007.)

 

 

(f)  FP 2007-90

Approval

 

BOARD OF ACCOUNTANCY

Organizational Rules

(JLCAR Deadline October 22, 2007.  Former rules expired July 25, 2007.)

 

 

(g)  FP 2007-91

Approval

 

BOARD OF ACCOUNTANCY

Practice and Procedure (Non-Expiring)

(JLCAR Deadline October 22, 2007.  Former rules expired July 25, 2007.)

 

 

(h)  FP 2007-93

Approval

 

FISH AND GAME DEPARTMENT

2008 Fishing Rules

(JLCAR Deadline October 19, 2007.)

 

 

(i)  FP 2007-94

Approval

 

FISH AND GAME DEPARTMENT

Bait Dealer Rules and Trophy/State Record Fish Program Rules

(JLCAR Deadline October 19, 2007.)

 

 

(j)  FP 2007-105

Approval

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to the Community Spouse Resource Allowance

(JLCAR Deadline October 8, 2007.)

 

 

(k)  FP 2007-106

Approval

 

PARI-MUTUEL COMMISSION

Racing with Elevated Total Carbon Dioxide Concentration

(JLCAR Deadline September 28, 2007.)

 

 

(l)  FP 2007-114

Approval

DEPARTMENT OF REVENUE ADMINISTRATION

New Hampshire Taxpayer Identification Number

(JLCAR Deadline October 22, 2007.)

 

 

(m)  FP 2007-115
Approval

 

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Groundwater Sources of Bottled Water

(JLCAR Deadline October 22, 2007.)

 

 

3.   Committee Acceptance of Agency Responses to Objections:

 

 

(No items)

 

 

 

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 the dates of receipt of agency responses and subsequent confirmation by the Office of Legislative Services that the proposals had been amended as conditionally approved.  No further Committee action is required.

 

Conditionally Approved August 16, 2007:

 

FP 2007-89

PARI-MUTUEL COMMISSION

 

Bingo Games and Lucky 7 Tickets

(Response received 8-29-07 and confirmed 8-30-07.)

 

 

INT 2007-20

MOTOR VEHICLE INDUSTRY BOARD

 

Interim Motor Vehicle Industry Board Hearing and Procedural Rules

(Response Received 8-29-07 and confirmed 8-30-07.)

 

Conditionally Approved September 6, 2007:

 

FP 2007-66

BOARD OF TAX AND LAND APPEALS

 

Rules Applicable to All Procedures

(Response received 9-11-07 and confirmed 9-12-07.)

 

 

FP 2007-67

BOARD OF TAX AND LAND APPEALS

 

Procedural Rules for Specific Types of Appeals

(Response received 9-11-07 and confirmed 9-12-07.)

FP 2007-68

BOARD OF TAX AND LAND APPEALS

Notice of Tax Date; Rules Governing Exemption Applications to Municipalities;

Filing Fees

(Response received 9-11-07 and confirmed 9-12-07.)

 

 

 

REGULAR AGENDA

 

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

 

 

6.   DEPARTMENT OF ENVIRONMENTAL SERVICES

 

(a)  INT 2007-22

Approval

 

Division of Water

Capacity Assurance for Existing Public Water Systems

(JLCAR Deadline November 29, 2007.  Existing rules will expire September 23, 2007.)

 

(b)  INT 2007-23

Approval with Understanding

 

Division of Water

Capacity Assurance for Proposed Public Water Systems

(JLCAR Deadline November 29, 2007.  Existing rules will expire September 23, 2007.)

 

 

7.   INT 2007-24

Approval

 

DEPARTMENT OF EMPLOYMENT SECURITY

Training Fund

(JLCAR Deadline December 6, 2007.  Interim rule proposed pursuant to

Chapter 204:2, 3, and 4 (SB 97) of the Laws of 2007, effective September 7, 2007.)

 

 

8.   DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  INT 2007-25

Approval

 

Former Division of Human Services

Independent Coverage Review; Service Limits; Non-Covered Services, and

Co-Payments; Durable Medical Equipment, Prosthetic and Orthotic Devices,

and Medical Supplies

(JLCAR Deadline December 6, 2007.  Interim rule proposed pursuant to Chapter 288

(HB 826) of the Laws of 2007, effective September 1, 2007.)

 

 

(b)  FP 2007-116

Approval

Commissioner

Treatment Plan Components for Sexually Violent Predators

(JLCAR Deadline October 22, 2007.)

 

 

9.   FP 2007-60

Conditional Approval

 

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Requirements for Licenses

(JLCAR Deadline September 24, 2007.)

 

 

10. FP 2007-81

Conditional Approval

 

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Revocation, Suspension and Other Sanctions

(JLCAR Deadline October 1, 2007.)

 

 

11. DEPARTMENT OF SAFETY

 

(a)  FP 2007-97

Approval

 

Various Motor Vehicle Registration Rules

(JLCAR Deadline October 4, 2007.)

 

 

(b)  FP 2007-109

Approval with Recommendation

 

Certification for Additional Truck Weights Rules

(JLCAR Deadline October 22, 2007.  Existing interim rules will expire October 30, 2007.)

 

 

12. FP 2007-98

Approval with Recommendation

NEW MOTOR VEHICLE ARBITRATION BOARD

Motor Vehicle Arbitration Board Rules

(JLCAR Deadline October 4, 2007.)

 

 

13. FP 2007-92

Objection

BOARD OF ACCOUNTANCY

Procedural Rules (8-Year Provisions); Certification, Registration, and Permit

Requirements; Continued Status; Ethics

(JLCAR Deadline October 22, 2007.  Most rules expired July 25, 2007.)

 

 

14. OR 2007-36

Approval

INSURANCE DEPARTMENT

Continuing Care Retirement Communities

(JLCAR Deadline November 20, 2007.)

 

 

15. LUNCH BREAK

 

16. Remaining Responses to Preliminary Objections Made in August 16, 2007 Meeting But Not Yet Received

by Committee Staff:

 

 

(a)  OR 2007-87

 

DEPARTMENT OF SAFETY

Pilot Speed Zone on Lake Winnipesaukee

(JLCAR Deadline November 22, 2007.)

 

 

17. Remaining Responses to Preliminary Objections Made in September 6, 2007 Meeting But Not Yet Received by Committee Staff:

 

(a)  OR 2007-21

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Medical Assistance Services Provided by Education Agencies

(JLCAR Deadline December 11, 2007.  Existing interim rules will expire October 22, 2007.)

 

 

OTHER BUSINESS

 

18. Other