JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

OCTOBER 15, 2015 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice Chair

Rep. Carol M. McGuire, Chair

Sen. Kevin Avard

Rep. David H. Kidder

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Dan Feltes

Rep. Tara A. Sad

Sen. David Watters

Rep. Peter B. Schmidt

Sen. Regina Birdsell (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. John Sytek (Alt.)

Sen. Gary Daniels (Alt.)

(Alt.)

Sen. Nancy Stiles (Alt.)

(Alt.)

 

 

The times and order specified for the agenda items listed below are only tentative.  The Committee may change the order or may change the amount of time allotted for such items.

 

1.   9:00 a.m.    Convene and Review Minutes

 

JLCAR Deadlines Noted in Agenda:

For OR's and ROR's:

Deadline is for sponsoring a joint resolution.

For FP's:

Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.

For INT's:

Deadline is for approval or conditional approval.
Otherwise, agency cannot adopt the interim rule.

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

EXRF - Expedited Revision to Form


 

CONSENT AGENDA

 

2.   9:05 a.m.    Committee Approval of Final Proposals:

 

 

(a)  FP 2015-72
Approval

DEPARTMENT OF LABOR

Workers Compensation Appeals Advisory Board

(JLCAR Deadline October 23, 2015.)

 

 

(b)  FP 2015-121
Approval

FISH AND GAME DEPARTMENT

Haddock Fillet Length, White Perch Sale, and Oyster Rakes

(JLCAR Deadline October 29, 2015.)

 

 

(c)  FP 2015-123
Approval

BOARD OF COURT REPORTERS

Rules Regarding Explanation after Adoption

(JLCAR Deadline November 16, 2015.)

 

 

(d)  FP 2015-124
Approval

BOARD OF COURT REPORTERS

Rules Regarding Licensure Requirements, Continued Status, Ethical Standards, and License Surrender

(JLCAR Deadline November 16, 2015.)

 

 

(e)  FP 2015-131
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Annual Fee for Service

(JLCAR Deadline November 5, 2015.)

 

 

(f)  FP 2015-133
Approval

INSURANCE DEPARTMENT

Fiduciary Obligation of Producers

(JLCAR Deadline November 9, 2015.)

 

 

(g)  FP 2015-138
Approval

FISH AND GAME DEPARTMENT

Newborn Lifetime License

(JLCAR Deadline November 13, 2015.)

 

 

(h)  FP 2015-142
Approval

DEPARTMENT OF REVENUE ADMINISTRATION
Organizational Rules

(JLCAR Deadline November 16, 2015.)

 

 

3.   9:10 a.m.    Committee Conditional Approvals:

 

 

(a)  FP 2015-103
Conditional Approval

DEPARTMENT OF LABOR

Award of Fees and Interest

(JLCAR Deadline November 2, 2015.)

 

 

4.   9:15 a.m.    Committee Acceptance of Agency Responses to Objections:

 

 

(No Items)

 

 

 

5.   9:16 a.m.    Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(No Items)

 

 

 

NOTE:

 

The following proposals were conditionally approved by the Committee on the dates indicated.  Also noted are whether there are agency responses and subsequent confirmation by the Office of Legislative Services that the proposals have been amended as conditionally approved.  No further Committee action is required in that case.

 

Conditionally Approved August 20, 2015:

 

 

FP 2015-110

DEPARTMENT OF SAFETY

Emergency Medical Services Complaint and Investigation Process Rules

(Response received 9-18-15 and confirmed 9-22-15.)

 

 

FP 2015-111

DEPARTMENT OF SAFETY

Law Enforcement Provider Rules

(Response received 9-18-15 and confirmed 9-22-15.)

 

 

Conditionally Approved September 17, 2015:

 

 

FP 2015-80

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Importation of Bovines and Other Domestic Animals into New Hampshire

(Response received 9-21-15 and confirmed 9-23-15.)

 

 

FP 2015-117

BOARD OF NURSING

Licensing Requirements

(No response yet.)

 

 

FP 2015-130

INSURANCE DEPARTMENT

Continuing Care Retirement Communities

(Response received 9-30-15 and confirmed 10-5-15.)

 

 

REGULAR AGENDA

 

6.   9:18 a.m.    Consider postponing action on certain items to another meeting.

 

7.   9:20 a.m.    PHARMACY BOARD

 

 

FP 2015-79
Approval with Recommendation

Licensing of Pharmacists and Pharmacies

(JLCAR Deadline November 9, 2015.)

 

 

8.   9:25 a.m.    DEPARTMENT OF EMPLOYMENT SECURITY

 

 

FP 2015-54
Conditional Approval

Records and Reports, Contributions and Debts, Successor and Predecessor Liability, and Application of Wages

(JLCAR Deadline October 19, 2015.)

 

 

9.   9:30 a.m.    HEALTH SERVICES PLANNING AND REVIEW BOARD

 

 

(a)  FP 2015-92
Approval

Long-Term Care Facilities

(JLCAR Deadline November 5, 2015.)

 

 

(b)  FP 2015-112
Approval

Robotic Assisted Surgery System Rules

(JLCAR Deadline November 5, 2015.)

 

 

10. 9:35 a.m.    BOARD OF EDUCATION

 

 

FP 2014-189
Postponed to 11/19/15
Regular Meeting

Child Restraint Practices

(JLCAR Deadline November 16, 2015.)

 

 

11. 9:40 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  INT 2015-11
WITHDRAWN
Petition with Recommendation

Former Division of Human Services

Elimination of the Prohibition of Decreasing the Standard Utility Allowance (SUA) in the
Food Stamp Program if the CPI-U Is Negative

(JLCAR Deadline January 6, 2016.  Implements federal requirements with deadline of
October 1, 2015.)

 

 

(b)  FP 2015-67
Conditional Approval

Former Division of Human Services

Medicaid Managed Care

(JLCAR Deadline October 15, 2015.)

(Formerly Item #13(b) on 6-19-15 and 6-26-15 agendas, Item #9(a) on 7-16-15 agenda, and
Item #11(a) on 8-20-15 agenda.)

 

 

(c)  FP 2015-101
Postponed to 11/19/15
Regular Meeting

Former Division of Human Services

Treatment of Jointly Owned Resources for All Categories of Cash Assistance and Those Categories of Medicaid that Require a Resource Test

(JLCAR Deadline November 16, 2015.)

 

 

(d)  FP 2015-134
Approval with Understanding

Former Division of Public Health Services

Exempt Homestead Food Operations Definitions and Sales at Retail Food Stores, Out-of-State State Beverages and Bottled Water Labeling and Product Analysis Requirements; Late Renewal Fine, and Milk Producers, Plants and Producer/Distributors, Fines

(JLCAR Deadline November 16, 2015.)

 

 

(e)  FP 2015-136
Approval

Commissioner

Therapeutic Cannabis Program -- Registry Rules

(JLCAR Deadline November 16, 2015.)

 

 

(f)  FP 2015-137
Conditional Approval

Commissioner

Therapeutic Cannabis Program -- Alternative Treatment Centers

(JLCAR Deadline November 16, 2015.)

 

 

12. 10:15 a.m.  INSURANCE DEPARTMENT

 

 

FP 2015-129
Conditional Approval

Claim Settlement

(JLCAR Deadline November 9, 2015.)

 

 

13. 10:20 a.m.  DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

FP 2015-105
Approval

Seal of Quality Standards

(JLCAR Deadline November 16, 2015.)

 

 

14. 10:30 a.m.  DEPARTMENT OF REVENUE ADMINISTRATION

 

 

FP 2015-143
Conditional Approval

Low Income Housing Tax Credit Assessment

(JLCAR Deadline November 16, 2015.)

 

 

15. 10:45 a.m.  SITE EVALUATION COMMITTEE

 

 

(a)  FP 2015-11
Preliminary Objection

Organizational and Practice and Procedure Rules

(JLCAR Deadline November 16, 2015.)

 

 

(b)  FP 2015-12
Preliminary Objection

Explanation of Proposed Rule and Certificates of Site and Facility Rules

(JLCAR Deadline November 23, 2015.)

 

 

16. 12:00 p.m.  BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

 

 

ROR 2015-39
Postponed to 11/19/15
Regular Meeting

Funeral Director's Place of Establishment

(JLCAR Deadline December 21, 2015.  Former rules expired January 20, 1994.)

(Response not yet filed.  Response due by November 2, 2015.)

 

 

17. 12:15 p.m.  Discussion on amendments to the Drafting and Procedure Manual for Administrative Rules.

Postponed to 11/19/15
Regular Meeting

 

 

 

OTHER BUSINESS

18. 12:30 p.m.