JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR
MEETING
TENTATIVE
AGENDA
OCTOBER 16, 2008 - 9:00 a.m.
ROOMS 306/308
LEGISLATIVE OFFICE BUILDING
Senate
Members of JLCAR |
House
Members of JLCAR |
Martha Fuller Clark |
Maurice L. Pilotte |
Jacalyn L. Cilley |
Peter B. Schmidt |
Betsi DeVries |
Betsey L. Patten |
Robert J. Letourneau |
James R. MacKay |
Michael Downing |
Suzanne H. Gottling |
Iris W. Estabrook (Alt.) |
John DeJoie (Alt.) |
Kathleen G. Sgambati (Alt.) |
Kimberley S. Casey (Alt.) |
Peter Hoe Burling (Alt.) |
Alida I. Millham (Alt.) |
Joseph D. Kenney (Alt.) |
Laurie J. Boyce (Alt.) |
Peter E. Bragdon (Alt.) |
(Alt.) |
|
|
The times and
order specified for the agenda and 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 am Convene and Review Minutes |
11. 10:30 am FP 2008-157 Rev |
|
12.
10:40 am FP 2008-155 He-C |
Consent
Agenda |
13. 12:30 pm FP's 2008-131, 139, &
140
Pos |
2. 9:05 am Final
Proposals |
14. 1:00 pm LUNCH
BREAK |
3. 9:10 am Objection
Responses |
15. 2:00 pm FP's
2008-85, 91, & 125 Ins |
4. 9:12 am Preliminary
Objections |
16. 2:30 pm FP 2008-159 Pas |
|
17. 3:00 pm FP's 2008-119, 120, &
121
Hcp |
Regular
Agenda |
18. 4:00 pm FP
2008-154 Puc |
5. 9:13 am Postpone
Items |
19. 4:30 pm FP
2008-158 He-P |
6. 9:15 am FP
2008-117 Bar |
20. 5:00 pm OR
2007-220 Liq |
7. 9:20 am FP
2008-135 Emp |
21. 5:30 pm ROR
2008-72 Opt |
8. 9:30 am INT
2008-37 Env-Ws & |
|
FP 2008-150 Env-A |
Other Business |
9. 10:00 am INT
2008-39 Nur |
22. 5:45 pm Other |
10. 10:10 am FP
2008-66 Fire |
|
FP - Final Proposal
OR - Preliminary Objection Response
ROR - Revised Objection Response
ER - Emergency Rule
INT - Interim Rule
EXP - Expedited Repeal
1. Convene and Review
Minutes
JLCAR Deadlines Noted Below: |
|
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. |
CONSENT
AGENDA |
|
|
|
2. Committee
Approval of Final Proposals: |
|
|
|
(a) FP 2008-94 Approval |
GOVERNING BOARD OF OCCUPATIONAL THERAPISTS Limitation on Number of Occupational Therapy
Assistants Under Supervision (JLCAR
Deadline November 14, 2008.) |
|
|
(b) FP 2008-114 Approval |
BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS Roster Distribution (JLCAR
Deadline November 6, 2008.) |
|
|
(c) FP 2008-115 Approval |
BOARD OF BARBERING, COSMETOLOGY AND
ESTHETICS Licensee Requirements (JLCAR
Deadline November 6, 2008.) |
|
|
(d) FP 2008-116 Approval |
BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS Examination Requirements (JLCAR
Deadline November 6, 2008.) |
|
|
(e) FP 2008-132 Approval |
DEPARTMENT OF
EMPLOYMENT SECURITY Practice and Procedure (JLCAR
Deadline November 17, 2008. Existing
interim rule will expire October 17, 2008.) |
|
|
(f)
FP 2008-152 Approval |
FISH
AND GAME DEPARTMENT Various
Marine Rules (JLCAR
Deadline November 3, 2008.) |
|
|
(g) FP
2008-156 Approval |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of
Public Health Services Financial
Assistance to Partially Fund Towns or Cities for Mosquito Control Activities (JLCAR
Deadline November 17, 2008.) |
|
|
3. Committee
Acceptance of Agency Responses to Objections: |
|
|
|
(No
items) |
|
|
|
4. 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 September 18, 2008: |
|
|
|
INT 2008-35 |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Air
Related Programs Carbon
Dioxide (CO2) Budget Trading Program (Response received
9-23-08 and confirmed 9-23-08.) |
|
|
FP 2008-128 |
REAL ESTATE COMMISSION Application Procedures; Fees; Accreditations;
Examinations; Continuing Education; Licenses; Ongoing Requirements; Code of
Ethics; and Conduct of Licensees (Response not
received yet.) |
|
|
FP 2008-143 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental
Services Community Mental Health Services (Response received
9-18-08 and confirmed 9-25-08.) |
|
|
Conditionally
Approved October 2, 2008: |
|
|
|
FP 2008-95 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Certification for Payment Standards for
Community-Based Behavioral Health Service Providers (Response not
received yet.) |
|
|
FP 2008-138 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Certification for Payment Standards for Recreation
Service Providers (Response not
received yet.) |
|
|
FP 2008-142 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Home Hospice Care Providers (Response received 10-2-08
and confirmed 10-3-08.) |
|
|
REGULAR AGENDA |
|
|
|
5. Consider
postponing action on certain items to another meeting. |
|
|
|
6. FP 2008-117 Conditional Approval |
BOARD OF BARBERING, COSMETOLOGY AND
ESTHETICS Renewal Form, Violation Points, and Administrative
Fine Procedures (JLCAR
Deadline November 6, 2008.) |
|
|
7. FP 2008-135 Conditional
Approval |
DEPARTMENT OF
EMPLOYMENT SECURITY Time and Place for Filing Initial Claims (JLCAR
Deadline November 17, 2008. Existing
interim rule will expire October 17, 2008.) |
|
|
8. DEPARTMENT OF ENVIRONMENTAL SERVICES |
|
|
|
(a) INT 2008-37 Approval with
Recommendation |
Division
of Water Certification
of Water Works Operators (JLCAR Deadline
December 26, 2008. Existing rules will
expire November 1, 2008.) |
|
|
(b) FP 2008-150 Approval with
Recommendation |
Air
Related Programs Asbestos
Management and Control (JLCAR
Deadline November 17, 2008.) |
|
|
9. INT 2008-39 Approval |
BOARD
OF NURSING Nursing
Education Program Fees (JLCAR
Deadline January 8, 2009. Implements
HB 1394-FN (Chapter 179:1), effective August 10, 2008.) |
|
|
10. FP 2008-66 Approval with Recommendation |
FIRE
STANDARDS AND TRAINING COMMISSION Readoption
and Amendment of Fire Standards and Training Commission Rules (JLCAR
Deadline October 30, 2008.) |
|
|
11. FP 2008-157 Conditional Approval |
DEPARTMENT OF
REVENUE ADMINISTRATION Property Tax Credits, Exemptions and Deferrals (JLCAR
Deadline November 17, 2008.) |
|
|
12. FP 2008-155 Conditional Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner N.H.
Child Care Program Licensing Rules (JLCAR Deadline November 17,
2008. Existing interim rules will expire
November 22, 2008.) |
|
|
13. POSTSECONDARY EDUCATION COMMISSION |
|
|
|
(a) FP 2008-131 Postoned to 11/6/08
Continued Meeting |
Rules Governing the Evaluation of Institutions of
Higher Learning (JLCAR
Deadline November 7, 2008.) |
|
|
(b) FP 2008-139 Postoned to 11/6/08
Continued Meeting |
New Hampshire Incentive Program (JLCAR
Deadline November 10, 2008.) |
|
|
(c) FP 2008-140 Postoned to 11/6/08
Continued Meeting |
Tuition Waivers for Foster Children (JLCAR
Deadline November 10, 2008.) |
|
|
|
|
15. INSURANCE
DEPARTMENT |
|
|
|
(a) FP 2008-85 Postoned to 11/20/08
Regular Meeting |
Advertisements
of Insurance (JLCAR
Deadline November 6, 2008.) |
|
|
(b) FP 2008-91 Postoned to 11/20/08
Regular Meeting |
Filing
for Life, Accident and Health Insurance (JLCAR
Deadline November 6, 2008.) |
|
|
(c) FP 2008-125 Postoned to 11/20/08
Regular Meeting |
Health
Maintenance Organizations (JLCAR
Deadline November 10, 2008.) |
|
|
16. FP 2008-159 Postoned to 11/6/08 Continued
Meeting |
PASSENGER TRAMWAY SAFETY BOARD Various Passenger Tramway Safety Board Rules (JLCAR
Deadline November 17, 2008.) |
|
|
17. BOARD OF HEARING CARE PROVIDERS |
|
|
|
(a) FP 2008-119 Postoned to 11/6/08
Continued Meeting |
Organizational Rules (JLCAR
Deadline November 10, 2008.) |
|
|
(b) FP 2008-120 Postoned to 11/6/08
Continued Meeting |
Practice and Procedure - Non-Expiring Provisions (JLCAR
Deadline November 10, 2008. Former rules
expired January 29, 2007.) |
|
|
(c) FP 2008-121 Postoned to 11/6/08
Continued Meeting |
Various 8-Year Practice and Procedural Rules;
License Applications and Fees; License Renewal and Fees; and Ethical
Standards (JLCAR
Deadline November 10, 2008. Former
rules expired January 29, 2007.) |
|
|
18. FP 2008-154 Postoned to 11/6/08 Continued
Meeting |
PUBLIC
UTILITIES COMMISSION Underground
Utility Damage Prevention Program (JLCAR Deadline November 17,
2008. Existing interim rules will expire
February 12, 2009.) |
|
|
19. FP 2008-158 Postoned to 11/6/08 Continued
Meeting |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Hospice
House (JLCAR Deadline November 17,
2008.) |
|
|
20. OR 2007-220 Postoned to 11/6/08 Continued
Meeting |
LIQUOR COMMISSION License Information Requirements (No
JLCAR Deadline. Agency's objection
response deadline of August 4, 2008 has been waived.) (Formerly Item #17 on 10-2-08 agenda.) |
|
|
21. ROR 2008-72 Postoned to 11/6/08 Continued
Meeting |
BOARD
OF REGISTRATION IN OPTOMETRY Out-of-State
Contact Lens Dispensers, Continuing Education for Optometrists, Standard of
Conduct, and Contact Lens Follow-up Care (JLCAR
Deadline January 6, 2009.) |
|
|
OTHER
BUSINESS |
|
22. Other |
|