JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

JANUARY 16, 2009

 

 

Members Present:   Representatives Pilotte, Schmidt, Gottling, Boyce*, and Taylor*, and Senators Denley and Merrill.  (*)  Indicates alternate member.

 

(**)  Part 1, Article 28-a of the N.H. Constitution was not an issue in the Committee’s discussions or decisions in this meeting.

 

1.  The meeting was convened at 9:10 a.m. by Rep. Pilotte as Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Gottling, Schmidt, and Taylor, and Sens. Denley and Merrill.

 

     Rep. Pilotte appointed Rep. Taylor as an alternate for Rep. Patten, who was absent.

 

2.  The Committee discussed the minutes of the Committee meeting on January 9, 2009.

 

     Rep. Schmidt moved that the minutes be approved.

 

     Rep. Taylor seconded.

 

     Adopted.

 

3.  The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals and Proposed Interim Rule): 

 

FP 2008-169

GOVERNING BOARD OF PHYSICAL THERAPISTS

Request for Board's Approval for Reasonable Accommodation for Disability in the Administration of the National Physical Therapy Examination

 

 

FP 2008-199

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Waste Management

Control of Aboveground Petroleum Storage Facilities – Amendments

 

 

FP 2008-207

DEPARTMENT OF EMPLOYMENT SECURITY

Part-time Work Information

 

 

FP 2008-208

DEPARTMENT OF EMPLOYMENT SECURITY

Part-Time Availability and Shift Availability

 

 

FP 2008-210

DEPARTMENT OF EMPLOYMENT SECURITY

Employer Requirements; Records and Reports

 

 

FP 2008-213

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Medicaid-Covered Home and Community-Based Care Services for Persons with Developmental Disabilities and Acquired Brain Disorders

 

 

FP 2008-220

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Child Care Provider Payment Rates

 

 

FP 2008-226

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Eligibility for Adult Categories of Assistance

When Living in a Residential Care Facility, Community Residence, or

Family Residence

 

 

FP 2008-228

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Service Limits, Co-Payments, and Non-Covered Services

 

 

FP 2008-229

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Secure Psychiatric Unit Transfers

 

 

FP 2008-235

DEPARTMENT OF SAFETY

Automotive Oil Fee Fund Rules

 

 

INT 2008-44

DEPARTMENT OF SAFETY

Interim Electronic Toll Collection Hearings

 

     It was the consensus of the Committee to take Final Proposal 2008-213 and Final Proposal 2008-229 off the Consent Agenda.

 

     Rep. Schmidt moved that the Committee approve the final proposals and proposed interim rule, except for Final Proposal 2008-213 and Final Proposal 2008-229.

 

     Sen. Merrill seconded.

 

     Adopted. 

 

4.  The Committee discussed the response by the Board of Medicine to the Committee’s preliminary objection to Final Proposal 2008-181 (Fees Established by the Board and Standards of Conduct for Physicians Licensed in New Hampshire). 

 

     The Board had withdrawn the final proposal.

 

     Since no further Committee action was necessary, none was taken.

 

     Rep. Boyce arrived at this time.

 

     Rep. Pilotte appointed Rep. Boyce as an alternate for Rep. Millham, who was absent.

 

5.  The Committee discussed whether to postpone action on certain items to another meeting.

 

     No action to postpone was taken at this time.

 

6.  The Committee discussed Proposed Interim Rule INT 2008-45 from the Department of Corrections (Practice and Procedure).  Walter Pazdon of the Department of Justice testified for the Department.

 

     Rep. Schmidt moved that the Committee approve Proposed Interim Rule INT 2008-45.

 

     Rep. Gottling seconded.

 

     Adopted. 

 

7.  The Committee discussed Proposed Interim Rule INT 2008-46 (Operation and Management of Correctional Department Activities).  Walter Pazdon of the Department of Justice testified for the Department.

 

     Rep. Taylor moved that the Committee approve Proposed Interim Rule INT 2008-46.

 

     Rep. Boyce seconded.

 

     Adopted. 

 

8.  The Committee discussed Proposed Interim Rule INT 2008-47 from the Department of Corrections (Offender Classification).  Walter Pazdon of the Department of Justice testified for the Department.

 

     Rep. Schmidt moved that the Committee approve Proposed Interim Rule INT 2008-47.

 

     Sen. Merrill seconded.

 

     Adopted.

 

9.  The Committee discussed Final Proposal 2008-192 from the Department of Environmental Services (Hazardous Waste Programs, Hazardous Waste – Identification; Requirements for Generators, Transporters, Facility Owners/Operators, Recycling; Inspection/Enforcement; HW Cleanup Fund; Universal Waste).  Gretchen Hamel and John Duclos represented the Department.

 

     Rep. Schmidt moved that the Committee approve Final Proposal 2008-192.

 

     Rep. Boyce seconded.

 

     Adopted.

 

10.  The Committee discussed Final Proposal 2008-227 from the Department of Health and Human Services (Former Division of Human Services, General Program Information – Surveillance and Utilization Review and Control).  Michael Holt testified for the Department.

 

      Rep. Schmidt moved that the Committee approve Final Proposal 2008-227.

 

      Rep. Gottling seconded.

 

      Adopted.

 

11.  The Committee discussed Final Proposal 2008-213 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Medicaid-Covered Home and Community-Based Care Services for Persons with Developmental Disabilities and Acquired Brain Disorders).  Michael Holt testified for the Department.

 

      The Department had requested a conditional approval in a letter and amended rule dated January 14, 2009.

 

      Rep. Gottling moved that the Committee conditionally approve Final Proposal 2008-213 as requested.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

12.  The Committee discussed Final Proposal 2008-229 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Secure Psychiatric Transfers).  Michael Holt and Raymond Perry testified for the Department.

 

      The Department had requested a conditional approval in a letter and amended rule dated January 15, 2009.

 

      Sen. Merrill moved that the Committee conditionally approve Final Proposal 2008-229 as requested.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

13.  After a break, with Reps. Pilotte, Schmidt, Gottling, Taylor, and Boyce, and Sen. Denley present, the Committee discussed Final Proposal 2008-209 from the Department of Employment Security (Appeal to and Hearing by Appeal Tribunal; Format of Documents; Delivery of Documents).  Loon Siel testified for the Department.

 

      Rep. Schmidt moved that the Committee approve Final Proposal 2008-209.

 

      Rep. Gottling seconded.

 

      Adopted.

 

14.  The Committee discussed Final Proposal 2008-211 from the Department of Employment Security (Form, Dishonored and Application; Interest on Overpayments; Electronic Communications).  Lon Siel and Diane Carpenter testified for the Department.

 

      The Department submitted a request for conditional approval with an amended rule Emp 402.01 dated January 15, 2009.

 

      Rep. Gottling moved that the Committee conditionally approve Final Proposal 2008-211 as requested.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

15.  The Committee discussed Final Proposal 2008-212 (Claimant Requirements; Registration for Work and Filing of Claims; Reduction and Withholding of Benefits).  Lon Siel and Robert Jones testified for the Department.

 

      Sen. Merrill returned to the meeting during the discussion of this item.

 

      The Committee also discussed an emergency rule filed by the Department (Emp 501.04 Time and Place of Filing Continued Claims and Emp 501.13 Claims Filed Over the Internet) under Document #9359, effective January 9, 2009.  Certain provisions were also contained in Final Proposal 2008-212.

 

      Rep. Gottling moved that the Committee approve Final Proposal 2008-212.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

16.  The Committee continued the discussion of the emergency rule filed by the Department of Employment Security (Emp 501.04 Time and Place of Filing Continued Claims and Emp 501.013 Claims Filed Over the Internet).

 

      It was the consensus of the Committee to take no further action.

 

17.  The Committee discussed Final Proposal 2008-232 from the Department of Safety (Fuel Oil Discharge Cleanup Fund Rules).  Sherri Kelloway testified for the Department.

 

      Rep. Schmidt moved that the Committee approve Final Proposal 2008-232.

 

      Rep. Taylor seconded.

 

      Adopted. 

 

18.  The Committee discussed Final Proposal 2008-231 from the Department of Safety (Oil Discharge and Disposal License Rules).  Sherri Kelloway and Scott Bryer testified for the Department.

 

      Rep. Schmidt moved that the Committee approve Final Proposal 2008-231.

 

      Sen. Merrill seconded.

 

      Adopted.

 

19.  The Committee discussed Final Proposal 2008-230 from the Department of Safety (Oil Pollution Control License Rules).  Sherri Kelloway testified for the Department.  Scott Bryer also represented the Department.

 

      Rep. Schmidt moved that the Committee approve Final Proposal 2008-230.

 

      Rep. Boyce seconded.

 

      Adopted.

 

20.  The Committee discussed Final Proposal 2008-233 from the Department of Safety (Motor Carriers of Passengers Rules).  Sherri Kelloway and Scott Bryer testified for the Department.

 

      Rep. Schmidt moved that the Committee approve Final Proposal 2008-233.

 

      Rep. Gottling seconded.

 

      Adopted. 

 

21.  The Committee discussed Final Proposal 2008-234 from the Department of Safety (Carriage of Household Goods by Motor Vehicle Rules).  Sherri Kelloway and Scott Bryer testified for the Department.

 

      Rep. Schmidt moved that the Committee approve Final Proposal 2008-234.

 

      Rep. Boyce seconded.

 

      Adopted.

 

22.  Rep. Boyce moved that the Committee adjourn.

 

      Rep. Taylor seconded.

 

      Adopted.

 

      The Committee adjourned at 11:50 a.m., effectively postponing consideration of the following item to the regular Committee meeting on February 20, 2009, as it was the consensus of the Committee to cancel the continued meeting scheduled for February 6, 2009:

 

12. Responses to Preliminary Objections Made in January 9, 2009 Meeting But Not Yet Received by

Committee Staff:

 

 

OR 2008-163

BOARD OF VETERINARY MEDICINE

Administrative Rules Vet 200-700

(JLCAR Deadline April 20, 2009.)

 

 

OTHER BUSINESS

 

13. Other