JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR
MEETING
TENTATIVE
AGENDA
SEPTEMBER 20, 2012 - 9:00 a.m.
ROOMS 305/307 LEGISLATIVE
OFFICE BUILDING
Senate
Members of JLCAR |
House
Members of JLCAR |
Amanda Merrill, Vice-Chair |
Betsey L. Patten, Chair |
Fenton Groen |
Carol M. McGuire |
Molly Kelly |
Andrew J. Manuse |
Gary Lambert |
Maurice L. Pilotte |
Raymond White |
Peter B. Schmidt |
Sharon Carson (Alt.) |
Spec Bowers (Alt.) |
Lou D'Allesandro (Alt.) |
David H. Kidder (Alt.) |
James Forsythe (Alt.) |
Tara A. Sad (Alt.) |
Sylvia Larsen (Alt.) |
Kathleen N. Taylor (Alt.) |
Nancy Stiles (Alt.) |
Steven J. Winter (Alt.) |
The times and
order specified for the agenda 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 a.m. Convene and Review Minutes
JLCAR Deadlines Noted in Agenda: |
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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. |
FP - Final Proposal
OR - Preliminary Objection Response
ROR - Revised Objection Response
ER - Emergency Rule
INT - Interim Rule
EXP - Expedited Repeal
CONSENT
AGENDA |
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2. 9:05 a.m. Committee
Approval of Final Proposals and Proposed Interim Rules: |
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(a)
FP 2009-194 Approval |
DEPARTMENT OF CULTURAL RESOURCES Division of Historical Resources Procedural Rules (JLCAR Deadline October 22,
2012.) |
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(b) FP 2009-195 Approval |
DEPARTMENT OF CULTURAL RESOURCES Division of Historical Resources Explanation After Adoption and Waiver of Rules (JLCAR Deadline October 22,
2012.) |
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(c)
FP 2012-33 Approval |
PESTICIDE CONTROL
BOARD Pesticide Procedural Rules; Certificate of
Registration Requirements; and Continued Status (JLCAR
Deadline October 5, 2012.) |
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(d) FP 2012-77 Approval |
GOVERNING BOARD OF PHYSICAL THERAPISTS Pre-Hearing Disclosure of Witnesses and Exhibits (JLCAR
Deadline October 1, 2012.) |
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(e) FP
2012-78 Approval |
GOVERNING BOARD OF PHYSICAL THERAPISTS English Language Proficiency Testing Requirements (JLCAR
Deadline October 1, 2012.) |
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(f) FP 2012-79 Approval |
GOVERNING BOARD OF PHYSICAL THERAPISTS Renewal of License, Reinstatement of License, and
Maintenance of Continuing Education (JLCAR
Deadline October 1, 2012.) |
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(g) FP 2012-80 Approval |
INSURANCE DEPARTMENT Recognition of the 2001 CSO Mortality Table for Use
in Determining Minimum Benefit Reserve Liabilities and Nonforfeiture Benefits (JLCAR
Deadline September 24, 2012.) |
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(h) FP
2012-86 Approval |
INSURANCE DEPARTMENT Life and Health Reinsurance Agreements (JLCAR
Deadline October 8, 2012.) |
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(i) FP
2012-91 Approval |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Public Health Services Radiological Health Rules Relating to Licensing and
Radiation Safety Requirements for Irradiators and for Wireline Services
Operations and Subsurface Tracer Studies (JLCAR
Deadline October 22, 2012.) |
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(j) FP
2012-95 Approval |
DEPARTMENT OF SAFETY Official Motor Vehicle Inspection Requirements Rules
- Wheel Condition (JLCAR
Deadline October 12, 2012.) |
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(k)
FP 2012-101 Approval |
DEPARTMENT OF SAFETY Bureau of Title and Anti-Theft Rules (JLCAR
Deadline October 15, 2012.) |
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(l) INT 2012-7 Preliminary |
DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD Weights and Measures Fee Rules (JLCAR
Deadline November 21, 2012. Rule
implements SB 311 (2012, 238), effective June 18, 2012.) |
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3. 9:10 a.m. Committee
Conditional Approvals: |
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FP 2012-81 Conditional Approval |
INSURANCE DEPARTMENT Life, Accident and Health Form and Rate Filings (JLCAR
Deadline October 1, 2012.) |
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4. 9:15 a.m. Committee
Acceptance of Agency Responses to Objections: |
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(No Items) |
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5. 9:16 a.m. 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 19, 2012: |
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FP 2012-51 |
BOARD OF PODIATRY Rules Regarding Explanation after Adoption of Rules,
Educational and Continuing Educational Requirements for Licensure, Severance
of Connection of Practice, Replacement of Wall Certificates, and Ethical
Guidelines for Podiatrists (Response
received 9-17-12 and confirmed 9-18-12.) |
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FP 2012-16 |
PHARMACY BOARD Pharmacist Administration of Vaccines (Response received 8-15-12 and
confirmed 8-15-12.) |
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Conditionally Approved August 16, 2012: |
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FP 2012-69 |
GOVERNING BOARD OF
RESPIRATORY CARE PRACTITIONERS Definitions, License Renewal, and License
Reinstatement (Response
received 9-17-12 and confirmed 9-18-12.) |
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FP 2012-54 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Division of Elderly and Adult Services Adult Protective Services Program (Response
received 8-23-12 and confirmed 8-24-12.) |
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FP 2012-48 |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Air Related Programs Statewide Air Permit System (Response
received 8-17-12 and confirmed 8-17-12.) |
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FP 2012-60 |
PHARMACY BOARD Transmission of Prescription Drug Order by
Prescriber (Response not yet received.) |
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REGULAR
AGENDA |
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6. 9:18 a.m. Consider
postponing action on certain items to another meeting. |
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7. 9:20 a.m. BOARD
OF REGISTRATION IN OPTOMETRY |
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FP 2012-76 Conditional Approval |
Rules Regarding Pharmaceutical Agents,
Continuing Education Form, Misconduct Investigations and Disciplinary
Sanctions for Optometrists (JLCAR
Deadline September 27, 2012.) |
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8. 9:30 a.m. DEPARTMENT
OF EMPLOYMENT SECURITY |
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(a)
FP 2011-160 Conditional Approval |
Appeal From Denial of Continued Eligibility
for Benefits (JLCAR
Deadline October 8, 2012.) |
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(b)
INT 2012-8 Conditional Approval |
Definitions/Work Search/Employment Services (JLCAR
Deadline December 12, 2012. Rule
implements HB 1366 (2012, 212), to be effective October 1, 2012.) |
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9. 10:00
a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES |
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FP 2012-92 Approval |
Air Related Programs Procedural Rules for DES Air Resources Division (JLCAR
Deadline October 15, 2012.) |
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10. 10:15 a.m. DEPARTMENT
OF TRANSPORTATION |
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FP 2012-21 Conditional Approval |
Process for Marketing and Sale of State Owned
Property Utilizing Real Estate Professionals (JLCAR Deadline October 22,
2012.) |
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11. 10:45 a.m. DEPARTMENT OF CULTURAL RESOURCES |
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FP 2009-193 Conditional Approval |
Division of Historical Resources Organizational Rules (JLCAR Deadline October 22,
2012.) |
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12. 11:00 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) FP 2012-106 Preliminary |
Former Division of Public Health Services Homestead Food Operations (JLCAR Deadline October 22,
2012.) |
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(b) Amended Approval |
Division of Elderly and Adult Services Bureau of Elderly and Adult Services State
Registry (JLCAR
Deadline October 24, 2012.) |
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(c) FP 2012-56* Postponed to 10/4/12 Continued
Meeting |
Former Division of Human Services Medicaid Managed Care (JLCAR Deadline October 22,
2012.) *Possibly to be postponed |
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(d) FP
2012-105* Approval |
Former Division of Human Services Private Duty Nursing Services (JLCAR Deadline October 22,
2012.) *Possibly to be postponed |
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(e)
OR 2012-85* Postponed to 10/4/12 Continued
Meeting |
Former Division of Public Health Services Individual Home Care Service Providers (JLCAR
Deadline November 20, 2012.) *Response not yet received. |
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13. 1:00 p.m. LUNCH BREAK |
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14. 2:00 p.m. DEPARTMENT OF LABOR |
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OR 2011-161 Postponed to 10/4/12 Continued
Meeting |
Employee Leasing Companies (JLCAR
Deadline October 24, 2012.) |
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15. 2:30 p.m. PHARMACY BOARD |
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OR 2012-61* Postponed to 10/4/12 Continued
Meeting |
Institutional Practices (JLCAR
Deadline November 20, 2012.) *Response not yet received. |
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OTHER BUSINESS 16. 3:00 p.m. Other Postponed
to 10/4/12 Continued Meeting |
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(a) Discussion
on response by the Police Standards and Training Council to JLCAR's petition
of August 16, 2012. |
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(b) Discussion on emergency rule (Doc. #10172,
effective 8-18-12) filed by Department of Resources and Economic Development. |
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