JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
AUGUST 18, 2011
Members Present: Representatives Pilotte,
Schmidt, McGuire, Kidder*, and Winter*, and Senators Groen and Carson*. (*) Indicates
alternate members.
(**)
Indicates where Part 1, Article 28-a of
the N.H. Constitution was an issue in the Committee’s discussions or decisions
in this meeting. (See Item #11
below. However, that item was
conditionally approved.)
1. The
meeting was convened at 9:00 a.m. by Rep. Pilotte as Acting Chair.
Members
present at this time, aside from Rep. Pilotte, were Reps. Schmidt, McGuire,
Kidder, and Winter, and Senator Groen.
Rep.
Pilotte designated Rep. Kidder and Rep. Winter as alternates, respectively, for
Rep. Patten and Rep. Manuse, who were absent.
2. The
Committee discussed the minutes of the Committee meeting on August 4, 2011.
Rep.
Schmidt moved that the minutes be approved.
Sen.
Groen seconded.
Adopted.
3. The
Committee discussed the following Final Proposals and Proposed interim Rules
(Consent Agenda – Final Proposals and Proposed Interim Rules):
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FP 2011-34 |
BOARD OF EDUCATION General Special Education and Early
Childhood Special Education |
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FP 2011-48 |
BOARD OF EDUCATION |
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FP 2011-57 |
BOARD OF EDUCATION |
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FP 2011-66 |
CURRENT USE BOARD Conduct of a Rulemaking Hearing and Media Access |
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FP 2011-67 |
CURRENT USE BOARD Conduct of a Forum and Media Access |
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FP 2011-68 |
CURRENT USE BOARD |
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FP 2011-70* |
DEPARTMENT OF PUBLIC HEALTH & HUMAN SERVICES Former Division of Human Services Expired Rules Related to Medical Coverage for Pregnant Women & Allocated Income |
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The only substantive issue with this final proposal is that the agency
continued to operate under expired rules as noted in the fiscal impact
statement. |
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FP 2011-72 |
DEPARTMENT OF HEALTH & HUMAN SERVICES Former Division of Public Health Services Expiring Radiological Health Rules |
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FP 2011-73 |
DEPARTMENT OF HEALTH & HUMAN SERVICES Former
Division of Human Services Expiring Rules Related to Adjustment to an Electronic Benefit Transfer (EBT) Account and Change Reporting Requirements |
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FP 2011-74 |
DEPARTMENT OF HEALTH & HUMAN SERVICES Former Division of Mental Health and Developmental
Services Healthcare Coordination and Medication Administration |
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FP 2011-79 |
DEPARTMENT OF HEALTH & HUMAN SERVICES Former Division of Human Services Service Limits - HCBC Recipients and Nursing Facility Residents Not Exempt |
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FP 2011-82 |
BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS Practice and Procedure, Failure to Appear at Examinations, Applicants Applying for an Exemption, and Ethical Standards |
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INT 2011-18 |
FISH AND GAME DEPARTMENT Miscellaneous Wildlife
Rules |
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INT 2011-21 |
DEPARTMENT OF AGRICULTURE, MARKETS, AND
FOOD Organic Commodities Certification |
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Rep. Schmidt moved that the Final
Proposals and Proposed Interim Rules be approved.
Rep. Kidder seconded.
Adopted.
Sen. Carson had arrived during the
discussion of this item. After the
motion was adopted, Rep. Pilotte designated Sen. Carson as an alternate for
Sen. Lambert, who was absent.
4. The Committee discussed Final Proposal
2011-22 from the Department of Environmental Services (Water Quality and
Quantity Programs, Significant Discharges: Alternatives
Analysis/Economic-Social Importance; Water Transfers). Gretchen Hamel and Philip Trowbridge
testified for the Department.
Rep. Schmidt moved that the Committee
approve Final Proposal 2011-22 with the understanding that approval was given
after discussion of the Department’s efforts to be as clear as possible
regarding the phrase “fair and just” in Env-Wq 1708.12 (g)(4) and (h).
Rep. McGuire seconded.
Adopted.
5. After a break, with Reps. Pilotte, Schmidt,
McGuire, Kidder, and Winter, and Sens. Groen and
Rep. McGuire moved that the Committee
conditionally approve Proposed Interim Rule INT 2011-19 on the condition that
Agr 1412.03(d) be amended to change the reference in that rule from
“potentially hazardous foods as defined in He-P 2304.04” to “potentially
hazardous foods as defined n He-P 2301.01 (am).”
Sen. Groen seconded.
Adopted.
6. The Committee discussed Proposed Interim Rule
INT 2011-20 (Certification Seal Rules) and Amended Proposed Interim Rule INT
2011-20 (Certification Seal Rules). Karin Soper and Dr. Steve Crawford testified
for the Department.
Norman Brown, representing Advance Scale
of Londonderry, N.H., also testified.
Sen. Carson moved that the Committee make
a preliminary objection to Amended Proposed Interim Rule INT 2011-20 on the
grounds as outlined in the annotations to the rule by Committee staff and in
public testimony, and the Committee’s determination that the rule was not
consistent with legislative intent.
Rep. Schmidt seconded.
Adopted.
7. After a break, with Reps. Pilotte, Schmidt,
McGuire, Kidder, and Winter, and Sens. Carson and Groen present, the Committee
discussed Proposed Interim Rule INT 2011-23 from the Department of Health and
Human Services (Former Division of Mental Health and Developmental Services,
Administration of Medications in Behavioral Health Programs). Michael Holt testified for the Department.
Sen. Carson moved that the Committee
approve Proposed Interim Rule INT 2011-23.
Rep. McGuire seconded.
Adopted.
8. The Committee discussed Proposed Interim Rule
INT 2011-24 from the Department of Health and Human Services (Commissioner,
Criminal Records and Control Registry Checks for License-Exempt Child Care
Providers). Michael Holt testified for
the Department.
Rep. McGuire moved that the Committee
conditionally approve Proposed Interim Rule INT 2011-24 on the condition that
the words “or social security number” be deleted from He-C 6920.06(b)(3) and
that He-C 6920.06(b)(11)c. also be deleted.
Sen. Carson seconded.
Adopted.
9. The Committee discussed Proposed Interim Rule
INT 2011-22 from the Department of Health and Human Services (Division of
Elderly and Adult Services, Targeted Case Management Services). Michael Holt testified for the Department.
The Committee took no action at this time
but went to the next item.
10. The Committee discussed Final Proposal 2011-78
from the Department of Health and Human Services (Former Division of Human
Services, Expiring Rules Related to Financial Assistance to Needy Families
(FANF) Intentional Program Violations). Michael
Holt and Jennifer Jones testified for the Department.
Sen. Groen moved that that the Committee
approve Final Proposal 2011-78.
Rep. Kidder seconded.
Adopted.
**11. The Committee discussed Final Proposal 2011-43 from
the Department of Health and Human Services (Former Division of Public Health
Services, Lead Paint Poisoning Prevention and Control Rules). Michael Holt
testified for the Department.
The Department had submitted a
conditional approval request in a letter and amended rule dated August 12, 2011.
Rep. Schmidt moved that the Committee
accept the conditional approval request and conditionally approve the rule
based on the request.
Rep. Winter seconded.
Adopted.
12. The Committee discussed Proposed Interim
Rule INT 2011-22 from the Department of Health and Human Services (Division of
Elderly and Adult Services, Targeted Case Management Services). Michael Holt, Susan Lombard, and Diane
Langley testified for the Department.
Robert Clegg, representing Heritage
Case Management, also testified.
The following persons had presented
written testimony:
Catherine Cournoyer, representing
Heritage Case Management.
Margaret O’Donnell, representing
Heritage Case Management.
Ken Talberth.
Rep. McGuire moved that the Committee
approve Proposed Interim Rule INT 2011-22.
Sen. Groen seconded.
On a show of hands, the vote was 5
“yes” and 2 “no”. Rep. Pilotte noted for
the record that Sen. Carson and he had voted “no”.
The motion was adopted.
13. The Committee discussed Final Proposal
2011-26 from the Public Utilities Commission (Uniform Administration of
Customer Relations). Commissioner Amy
Ignatius, Amanda Noonan, and Lynn Fabrizio testified for the Commission.
The Commission had submitted a conditional
approval request in an amended rule dated August 17, 2011.
The following persons also testified:
Alan Linder, representing N.H. Legal
Assistance.
Meredith Hatfield, representing the
Office of Consumer Advocate.
Rep. McGuire left the meeting during
the discussion of this item.
Rep. Schmidt moved that the Committee
postpone action on Final Proposal 2011-26 to the continued Committee meeting on
September 1, 2011.
` Rep. Kidder seconded.
Adopted.
14. The Committee discussed Final Proposal
2011-42 from the Insurance Department (Coverage for Individuals Under the Age
of 19).
Written public testimony dated August
17, 2011 had been submitted by J. Michael Degnan, representing the New
Hampshire Health Plan.
Rep. Winter moved that the Committee
make a preliminary objection to Final Proposal 2011-42 on the grounds as
outlined in the annotations to the Final Proposal by Committee staff and in the
written testimony of Mr. Degnan.
Rep. Schmidt seconded.
Adopted.
15. The Committee discussed scheduling a work
session for the Committee’s review of the draft, amended Drafting and
Procedure Manual for Administrative Rules.
It was the consensus of the Committee
to schedule the work session on September 1, 2011 after the continued meeting
was adjourned.
16. Rep. Schmidt moved that the Committee
recess.
Rep. Winter seconded.
Adopted.
The Committee recessed at 12:21 p.m.,
thereby postponing consideration of the following item to the Committee’s
continued meeting on September 1, 2011:
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OTHER BUSINESS 13. Other |
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