JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

APRIL 18, 2008

 

 

Members Present:   Representatives Patten, MacKay, Schmidt, Powers, Millham*, and Gottling*, and Senator Cilley.  (*)  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 Committee was convened at 9:05 a.m. by Rep. Patten, pursuant to the prior direction of the Chair and Vice-Chair, who were absent.

 

     Members present at this time, aside from Rep. Patten, were Reps. MacKay, Schmidt, Millham, Powers, and Gottling.

 

     Rep. MacKay moved that Rep. Patten be Acting Chair at this meeting.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

     Rep. Patten appointed Rep. Millham and Rep. Gottling as alternates, respectively, for Sen. Letourneau and Sen. Fuller Clark, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on April 4, 2008.

 

     Rep. Schmidt  moved that the minutes be approved.

 

     Rep. MacKay seconded.

 

     Adopted.

 

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

 

FP 2007-165

BOARD OF LICENSING FOR INTERPRETERS OF THE DEAF AND HARD OF HEARING

Licensing for Interpreters of the Deaf and Hard of Hearing

 

 

FP 2007-199

BOARD OF COURT REPORTERS

Organizational Rules

 

 

FP 2007-200

BOARD OF COURT REPORTERS

Rules Regarding Practice and Procedure

 

 

FP 2007-201

BOARD OF COURT REPORTERS

Rules Regarding Explanation After Adoption

 

 

FP 2008-1

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Active in the Profession; Multipart Application Form; Required Documents

 

 

FP 2008-2

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Applying for a PAM Certificate; Certificate Application Form; Effect of Supervisor's Signature; Required Accompanying Documents

 

 

FP 2008-3

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Procedures for Renewing a License and Indicating Decision Not to Renew; Licenses Subject to Reinstatement; Reinstatement of Licenses Suspended Pursuant to Occ 402.09(f)(2)

 

 

FP 2008-6

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Vernal Pool Definitions

 

 

FP 2008-8

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Technical Requirements for Long-Term Care Services

 

 

FP 2008-15

DEPARTMENT OF ADMINISTRATIVE SERVICES

Recoupment of Expenditures for Indigent Defense: Definitions; Information to be Provided by the Defendant

 

 

FP 2008-19

DEPARTMENT OF ENVIRONMENTAL SERVICES

Cross-Program Rules

Purpose and Applicability of Declaratory Ruling Rules

 

 

FP 2008-24

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Liability of Relatives to Support and Purchased Services for Employment Support Services

 

 

INT 2008-10

PUBLIC EMPLOYEE LABOR RELATIONS BOARD

Practice and Procedures - Preliminary Matters and Conflict of Interest, Conduct of Hearing, Time Periods, Review and Rehearing, Declaratory Ruling, Records, Reports and Required Filings

 

      Rep. Schmidt moved that the Committee approve the final proposals and proposed interim rule except for Final Proposal 2008-8.

 

      Rep. Millham seconded.

 

      Adopted.

 

4.  The Committee discussed the following final proposals which were conditionally approved by the Committee at the Committee meeting on March 21, 2008.  The agencies had responded as noted, with subsequent confirmation by the Office of Legislative Services that the proposals were amended as conditionally approved:

 

                                                                  FP 2007-182

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Assisted Living Residences-Residential Care Licensing

(Response received 3-24-08 and confirmed 3-25-08.)

 

 

FP 2007-170

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Personal Safety Emergencies

(Response received 3-27-08 and confirmed 3-28-08.)

 

 

FP 2007-212

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

In-Home Supports

(Response received 3-27-08 and confirmed 3-28-08.)

 

 

      FP 2007-219

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Creation of Interim Disabled Parents (IDP), Transitional Assessment Planning (TAP), and Families With Older Children (FWOC) Categories of Financial Assistance and Medical Assistance

(Response received 3-27-08 and confirmed 3-28-08.)

 

      No further action was taken.

 

5.  The Committee discussed whether to postpone certain items to the next Committee meeting.

 

     No action to postpone was taken at this time.

 

6.  The Committee discussed Final Proposal 2007-202 from the Board of Court Reporters (Rules Regarding Application and Qualifications for Licensure, Fees, Renewals, Continuing Education and Ethical Standards).  Louise Lavertu testified for the Board.

 

     Rep. MacKay moved that the Committee approve Final Proposal 2007-202.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

7.  The Committee discussed Proposed Interim Rule INT 2008-11 from the Department of Health and Human Services (Complaint Resolution Procedures for Family-Centered Early Supports and Services; Family-Centered Early Supports and Services).  Ken Nielsen and Carolyn Stiles testified for the Department.

 

     Sen. Cilley arrived during the discussion of this item.

 

     Rep. Schmidt moved that the Committee approve Proposed Interim Rule 2008-11.

 

     Rep. Powers seconded.

 

     Adopted.

 

8.  The Committee discussed Final Proposal 2007-178 from the Department of Health and Human Services (Former Division of Human Services, Presumptive Eligibility for Home and Community-Based Care for the Elderly and Chronically Ill (HCBC-ECI)).  Susan Lombard and Joyce St. Onge testified for the Department

 

     Michele Winchester, representing the Institute of Health, Law and Ethics of the Franklin Pierce Law Center, indicated her support of the final proposal but did not speak.

 

     The Department had submitted a request for conditional approval with an amended rule dated April 18, 2008.

 

     Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2007-178 as requested, with the further amendment in He-W 619.01(a)(2) to replace the word “Supplemental” with “Social”.

 

     Sen. Cilley seconded.

 

     Adopted.

 

9.  The Committee discussed Final Proposal 2008-8 from the Department of Health and Human Services (Former Division of Human Services, Technical Requirements for Long-Term Care Services).  Joyce St. Onge testified for the Department.

 

     The following persons also testified:

 

            Judith Jones, representing the Advisory Committee of the Office of Long Term Care Ombudsman.

 

            Laurel O’Connor, representing the Senior Citizens Law Project of N.H. Legal Assistance.

 

     Rep. Schmidt moved that the Committee approve Final Proposal 2008-8.

 

     Rep. MacKay seconded.

 

     Adopted.

 

10.  After a break, with Reps. Patten, MacKay, Schmidt, Millham, Powers, and Gottling present, the Committee discussed postponing certain items to another meeting.

 

      Rep. Schmidt moved that the Committee postpone action on the following items to the Committee meeting on May 2:

 

10. BOARD OF EDUCATION

 

 

(a)  FP 2007-187

Medication During School Day; Manifest Educational Hardship

(JLCAR Deadline May 5, 2008.)

 

 

(b)  FP 2007-188

Types of Approval for Nonpublic Schools

(JLCAR Deadline May 5, 2008.)

 

 

11. Discussion on amendments to Committee rules regarding reconsideration.

 

 

13. FP 2008-9

BOARD OF DIRECTORS, OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Fee Increase

(JLCAR Deadline May 5, 2008.)

 

 

14. OR 2007-218*

PARI-MUTUEL COMMISSION

Track Licensing

(JLCAR Deadline July 8, 2008.)

*Response not yet received to preliminary objection made in meeting on 4-4-08.

 

 

OTHER BUSINESS

 

15. Other

 

 

     Rep. Powers seconded.

 

     Adopted.

 

11.  The Committee discussed Final Proposal 2007-214 from the Department of Safety (Transportation of High-level Radioactive Waste Rules).  Sheri Kelloway and Sgt. John Begin of the State Police testified for the Department.

 

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

 

     Sen. Cilley moved that the Committee conditionally approve Final Proposal 2007-214 on the condition that the word “annually” be inserted after “public hearing” in Saf-C 6604.04(a) and that rule Saf-C 6606.04 on refunds be deleted.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

     Sen. Cilley left the meeting at this time.

 

12.  The Committee discussed Final Proposal 2008-7 from the Department of Environmental Services (Wetlands Programs, Delineation of Vernal Pools; Logging Operations).  Gretchen Hamel testified for the Department.

 

     Rep. Schmidt moved that the Committee approve Final Proposal 2008-7.

 

     Rep. MacKay seconded.

 

     Adopted.

 

13.  The Committee discussed Final Proposal 2008-21 from the Department of Environmental Services (Cross-Program Rules, Laboratory Accreditation).  Gretchen Hamel and Bill Hall testified for the Department.

 

     Rep. Schmidt moved that the Committee approve Final Proposal 2008-21 with the understanding that the words “at the U.S. Internal Revenue Service (IRS) rate” be deleted as an editorial change after “Mileage” in Env-C 303.06(a)(3)a. when the rule is adopted.

 

     Rep. Gottling seconded.

 

     Adopted.

 

14.  Rep. Schmidt moved that the Committee recess.

 

      Rep. Powers seconded.

 

     Adopted.

 

     The Committee recessed at 12:35 p.m.