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 |
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FP 2007-199 |
BOARD
OF COURT REPORTERS Organizational Rules |
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FP 2007-200 |
BOARD OF COURT REPORTERS Rules Regarding Practice and Procedure |
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FP 2007-201 |
BOARD
OF COURT REPORTERS Rules Regarding Explanation After Adoption |
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FP 2008-1 |
GOVERNING
BOARD OF OCCUPATIONAL THERAPISTS Active
in the Profession; Multipart Application Form; Required Documents |
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FP 2008-2 |
GOVERNING BOARD OF OCCUPATIONAL THERAPISTS Applying for a PAM Certificate; Certificate
Application Form; Effect of Supervisor's Signature; Required Accompanying
Documents |
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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) |
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FP 2008-6 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Wetlands Programs Vernal Pool Definitions |
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FP 2008-8 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Technical
Requirements for Long-Term Care Services |
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FP 2008-15 |
DEPARTMENT
OF ADMINISTRATIVE SERVICES Recoupment of Expenditures for Indigent
Defense: Definitions; Information to be Provided by the Defendant |
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FP 2008-19 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Cross-Program Rules Purpose and Applicability of Declaratory
Ruling Rules |
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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 |
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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.) |
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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.) |
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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.) |
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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
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 |
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(a) FP 2007-187 |
Medication During School Day; Manifest
Educational Hardship (JLCAR
Deadline May 5, 2008.) |
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(b) FP 2007-188 |
Types of Approval for Nonpublic Schools (JLCAR
Deadline May 5, 2008.) |
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11. Discussion
on amendments to Committee rules regarding reconsideration. |
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13. FP 2008-9 |
BOARD
OF DIRECTORS, OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS Fee
Increase (JLCAR
Deadline May 5, 2008.) |
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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. |
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OTHER BUSINESS |
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15. Other |
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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.