Joint Legislative Committee on Administrative Rules
Action Minutes
FEBRUARY 17, 2006
Members Present: Representatives
Patten, Allan, Bicknell, Wall,
(**)
Indicates where Part 1, Article 28-a was
an issue in the Committee’s discussions or decisions in this meeting. (See Item #15.)
1. The meeting was convened at 9:03 a.m. by Rep.
Patten as Vice Chair.
Members present at this time, aside from Rep.
Patten, were Reps. Allan, Bicknell, Millham, Mitchell, and Pilotte, and Sens.
Flanders, Clegg, and Estabrook.
Rep. Patten appointed Reps. Pilotte,
Mitchell, and Millham as alternates, respectively, for Rep. Taylor, Rep. Wall,
and Sen. Letourneau, who were absent.
2. The Committee discussed the minutes of the
continued Committee meeting on February 3, 2006.
Rep. Bicknell moved that the minutes be
approved.
Rep. Pilotte seconded.
The motion was adopted.
Rep. Wall arrived at the meeting at this
time. Therefore, Rep. Patten appointed
Rep. Mitchell as an alternate for Sen. Clark, who was absent.
3. The Committee discussed the following final
proposals from the agencies indicated (Consent Agenda – Final Proposals):
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FP 2005-196 |
FISH AND GAME DEPARTMENT Rules Relative to Control of Nuisance Bear; Correction to Cooperative
Fencing Rule |
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FP 2005-200 |
NH LOTTERY COMMISSION Rules for the |
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FP 2005-201 |
NH LOTTERY COMMISSION Rules for |
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FP 2005-202 |
NH
LOTTERY COMMISSION Rules of |
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FP 2005-215 |
BOARD OF
MARITAL MEDIATOR CERTIFICATION Fees |
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FP 2005-227 |
CURRENT USE BOARD Criteria for Current Use |
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FP 2005-229 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Chiropractic Services |
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FP 2005-230 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Advanced Registered Nurse Practitioner Services |
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Sen.
Flanders moved that the Committee approve the final proposals.
Rep.
Wall seconded.
Adopted.
4. The Committee
discussed whether to postpone any items to the next Committee meeting.
No decision to postpone was made at this
time.
5. The Committee discussed Final Proposal
2005-117 from the Department of Health and Human Services (Commissioner,
Maximum Reimbursement for Residential Child Care Rate Setting). Byry Kennedy testified for the agency.
Sen.
Larson, Rep. Carson, and Sen. Clark arrived during the discussion of this
item. Since Sen.
The
following persons also testified:
Cynthia
Herman, representing Child and Family Services of Manchester, N.H.
Randy
Walker, representing Hannah House of
Rep.
Allan moved that the Committee approve Final Proposal 2005-117.
Sen.
Flanders seconded.
Rep.
Dokmo arrived at this time, but was not appointed as an alternate for an absent
regular member, and so was not voting.
A
roll call vote was called. The vote was
as follows:
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YES |
NO |
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Rep. Patten |
X |
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Rep. Wall |
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X |
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Rep. Bicknell |
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X |
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Rep. Allan |
X |
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Rep. Millham |
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X |
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Rep. Pilotte |
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X |
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Sen. Flanders |
X |
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Sen. Clegg |
X |
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Sen. Estabrook |
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X |
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Sen. Clark |
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X |
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TOTALS |
4 |
6 |
The
vote was 4 “yes” and 6 “no.” The motion
was not adopted.
Sen.
Estabrook moved that the Committee make a preliminary objection to Final
Proposal 2005-117 on the ground that the rule is contrary to legislative intent
as provided by RSA 170-G:4.
Rep.
Pilotte seconded.
A
roll call vote was called. The vote was
as follows:
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YES |
NO |
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Rep. Patten |
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X |
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Rep. Wall |
X |
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Rep. Bicknell |
X |
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Rep. Allan |
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X |
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Rep. Millham |
X |
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Rep. Pilotte |
X |
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Sen. Flanders |
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X |
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Sen. Clegg |
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X |
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Sen. Estabrook |
X |
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Sen. Clark |
X |
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TOTALS |
6 |
4 |
The
vote was 6 “yes” and 4 “no.” The motion
was adopted.
Sen.
Estabrook left at this time. Rep. Patten
appointed Sen. Larson as an alternate for Sen. Estabrook.
6. The
Committee discussed the response of the Department of Health and Human Services
to the Committee’s preliminary objection to Final Proposal 2005-152 (Former
Division of Public Health Services, Electrologists). John Martin testified for the agency.
Rep.
Wall moved that the Committee accept the response and approve the rules with
the recommendation to the Director of the Office of Legislative Services that
she accept as an editorial change to He-P 1305.02(f) the replacement of the
words “If the department revokes…” with the words “If the department intends to
revoke…”.
Sen.
Flanders seconded.
Adopted.
7. The
Committee discussed Final Proposal 2005-210 from the Department of Health and
Human Services (Former Division of Public Health Services, WIC Nutrition
Program). John Martin, Lisa Richards,
Christine Topham, and Laura Ford testified for the agency.
The
Agency had requested a conditional approval in a letter dated February 15, 2006
and attached rules dated February 14, 2006.
Rep.
Wall moved that the Committee conditionally approve Final Proposal 2005-210 as
requested but with the following changes:
(1) Delete on page 38 the
proposed phrase “and shall not be afforded the right to an administrative
hearing to contest the disqualification;” and (2) Insert a reference to RSA 132:10-b, I in the
cross-reference table in the appendix to the rules.
Sen.
Clark seconded.
Adopted.
8. After
a break, with Reps. Patten, Dokmo, Allan, Bicknell, Wall,
Sen.
Larsen and Sen. Clegg left during the discussion of this item, and Sen.
Estabrook returned.
The
following members of the public testified:
Douglas
Hall, representing the
Matthew
Haddad, representing Anthem Blue Cross-Blue Shield.
Mark
Vadis, representing Anthem Blue Cross –Blue Shield.
It
was the consensus of the Committee that this item be postponed and continued to
the continued Committee meeting on March 10.
9. The Committee discussed Final Proposal
2005-212 from the Department of Health and Human Services (Former Division of
Public Health Services, Adult Family Care Residence). Mary Castelli and Douglas McNutt testified
for the agency.
Sen.
Clegg and Sen. Clark returned to the meeting during the discussion of this item. Rep. Dokmo, Rep. Carson, and Sen. Estabrook
left during the discussion.
The
Committee had received written testimony dated February 17, 2006 from N.H.
Legal Assistance, and written testimony dated February 16, 2006 from IHLE, both
in support of the proposal. Susan Fox,
representing the Institute on Disability, also submitted written testimony.
The
following members of the public testified:
Carol
Currier.
Barbara
Salvatore.
Carolyn
Virtue, representing N.H. Independent Case Management Association.
John
Poirier, representing the N.H. Health Care Association.
Harold
Acres, representing Area Agency Region 6.
Sandra
Pelletier, representing Area Agency of Greater Nashua.
The
Committee took no action but went on to the following item:
10. The
Committee discussed postponing certain items to the continued Committee meeting
on March 10.
It was the consensus of the Committee to
postpone action on the following items to the Committee meeting on March 10:
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8. DEPARTMENT OF LABOR |
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(a) INT 2006-6 |
Safety
and Health of Employees (JLCAR Deadline March 27, 2006. Former regular rules expired February 4, 2006.) |
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(b) FP 2005-216 |
Safety Programs and Joint Loss Management Committee (JLCAR Deadline March 13, 2006.) |
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11. OR 2005-104 |
BOARD
OF EDUCATION Administration in Public Schools (JLCAR Deadline March 28, 2006.) (Formerly Item #22 on 2-3-06 agenda.) |
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14. FP 2005-232 |
NH
LOTTERY COMMISSION Rules of Sales Agents (JLCAR Deadline March 20, 2006.) |
11. The
Committee resumed discussion of Final Proposal 2005-212 from the Department of
Health and Human Services (Former Division of Public Health Services, Adult
Family Care Residences).
The following members of the public testified
at this time:
Arlene
Kershaw, representing
Paul
Boynton, representing Moore Center Services.
Rep. Bicknell left the meeting at this time.
Mary Castelli presented an oral request for a
conditional approval with substantive and editorial changes, including filing
of an Incorporation by Reference Statement and inclusion of a reference to the
resident assessment tool (RAT) form in the cross-reference table in the
appendix.
Sen. Flanders moved that the Committee
conditionally approve Final Proposal 2005-212 as requested.
Rep. Allan seconded.
Adopted.
12. The
Committee discussed the following final proposals from the Executive Director
of the Postsecondary Education Commission:
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FP 2005-183 |
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FP 2005-184 |
Workforce Incentive Program |
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FP 2005-185 |
Leveraged Incentive Grant Program |
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FP 2005-186 |
Scholarship for Orphans of
Veterans |
Kathryn Dodge, Executive Director, testified
for the agency.
Sen. Clark and Rep. Millham left the meeting
during the discussion of these items.
Rep. Allan moved that the Committee approve
Final Proposal 2005-183.
Rep. Wall seconded.
Adopted.
Sen. Flanders moved that the Committee
approve Final Proposal 2005-184.
Sen. Clegg seconded.
Adopted.
Sen. Clegg moved that the Committee approve
Final Proposal 2005-185.
Sen. Flanders seconded.
Adopted.
Sen. Flanders moved that the Committee
approve Final Proposal 2005-186.
Rep. Wall seconded.
Adopted.
13. The
Committee discussed Proposed Interim Rule INT 2006-7 from the Commission on
Human Rights (Rules of Practice and Procedure, Discrimination in Housing,
Discrimination in Employment). Trudy
Mott-Smith testified for the agency.
Rep.
Wall moved that the Committee approve Proposed Interim Rule INT 2006-7.
Rep.
Allan seconded.
Adopted.
14. The
Committee discussed Proposed Interim Rule INT 2006-5 from the Department of
Environmental Services (Commissioner, State Drinking Water Revolving Loan Fund
Program.) Gretchen Hamel testified for
the agency.
Rep.
Wall moved that the Committee approve Proposed Interim Rule INT 2006-5.
Rep.
Pilotte seconded.
Adopted.
**15. The
Committee discussed Final Proposal 2005-228 from the Department of
Environmental Services (Water Quality and Quantity Programs, Standards of
Design and construction for Sewerage and Wastewater Treatment Facilities). Gretchen Hamel represented the agency and
submitted a request for preliminary objection in a letter dated February 17,
2006.
Rep.
Wall moved that the Committee make a preliminary objection to Final Proposal
2005-228 on the grounds as outlined in the annotations to the final proposal by
Administrative Rules Director Eaton and in the letter from Gretchen Hamel.
Sen.
Clegg seconded.
Adopted.
16. The
Committee Final Proposal 2005-225 from the Current Use Board (Powers and
Duties; Forms and Criteria – Availability).
Philip Bryce testified for the Board.
Sen.
Flanders moved that the Committee approve Final Proposal 2005-225.
Rep.
Wall seconded.
Adopted. Rep. Patten noted for the record that Rep.
Pilotte voted “no”.
17. The
Committee discussed Final Proposal 2005-226 from the Current Use Board
(Practices and Procedures. Philip Bryce
testified for the Board.
Sen.
Clegg moved that the Committee approve Final Proposal 2005-226.
Sen.
Flanders seconded.
Adopted.
18.The Committee discussed Final Proposal 2005-219
from the Department of Revenue Administration (Transfer of Real Property). John Mintken testified for the agency.
John
Hayes, Revenue Counsel, had submitted a request for conditional approval in a
letter and attached rules dated February 15, 2006.
Sen.
Clegg moved that the Committee conditionally Final Proposal 2005-219 on the
condition that the agency make the amendments requested by john Hayes on his
letter and attached rules dated February 15, 2006, with the editorial amendment
to insert the words “and Rev 2902.01, Rev 2902.02 and Rev 2903.01” relative to
confidentiality after the RSA citation in Rev 809.04 (a)(2) and Rev 809.05 (a)(2).
Sen.
Flanders seconded.
Adopted.
19.Sen. Clegg moved that the Committee recess to
March 10.
Sen.
Flanders seconded.
Adopted.
The
Committee recessed at 2:33 p.m., effectively postponing consideration of the
following items to the Committee meeting on March 10:
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16. OR 2005-140 |
BOARD
OF BARBERING, COSMETOLOGY, AND ESTHETICS Application
Procedures, Licensing Requirements, and Renewal Form (JLCAR Deadline April 25, 2006.) |
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OTHER BUSINESS |
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17. Other |
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