JOINT
LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR MEETING
TENTATIVE AGENDA
OCTOBER 17, 2019 - 9:00 a.m.
ROOMS 306/308
LEGISLATIVE OFFICE BUILDING
Senate
Members of JLCAR |
House
Members of JLCAR |
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Sen. John Reagan,
Vice-Chair |
Rep. William A. Hatch,
Chair |
Sen. Jeanne Dietsch |
Rep. Kathleen Hoelzel |
Sen. Jay Kahn |
Rep. Carol M. McGuire |
Sen. Ruth Ward |
Rep. Peter B. Schmidt |
Sen. David Watters |
Rep. Kermit Williams |
Sen. Regina
Birdsell (Alt.) |
Rep. Alan Bershtein (Alt.) |
Sen. Shannon
Chandley (Alt.) |
Rep. Timothy Fontneau (Alt.) |
Sen. Martha Fuller
Clark (Alt.) |
Rep. David Karrick (Alt.) |
Sen. Lou
D'Allesandro (Alt.) |
Rep. Timothy Lang (Alt.) |
Sen. James Gray (Alt.) |
Rep. Dianne E. Schuett
(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, Seating
of Alternates, and Review Minutes
JLCAR Deadlines Noted in Agenda: |
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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. |
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
EXIR – Expedited Amendment to Incorporation by
Reference
CONSENT AGENDA |
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(a) FP 2019-123 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of Human Services FANF Intentional Program Violations (JLCAR Deadline November 14,
2019.) |
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(b) FP 2019-125 |
INSURANCE
DEPARTMENT Continuing
Care Retirement Communities (JLCAR Deadline October 28, 2019.) |
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(c) FP 2019-126 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Cross-Program
Rules Expediting Review of Applications (JLCAR
Deadline November 14, 2019.) |
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(d) FP 2019-127 |
GOVERNING BOARD OF ATHLETIC TRAINERS Organizational and
Procedural Rules (JLCAR Deadline November 7,
2019.) |
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(e) FP 2019-136 |
DEPARTMENT OF LABOR Definitions
& Accident Reporting Requirements for Fatality and Serious Injury (JLCAR Deadline November
12, 2019.) |
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(f) FP 2019-138 |
DEPARTMENT OF REVENUE ADMINISTRATION Agency
Action on Petitions for Redetermination or Reconsideration (JLCAR Deadline November
18, 2019.) |
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(g) FP 2019-150 |
DEPARTMENT OF REVENUE ADMINISTRATION Business Tax
Technical Corrections (JLCAR
Deadline November 18, 2019.) |
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(h) FP 2019-151 |
DEPARTMENT OF REVENUE ADMINISTRATION First
Rollout of Revenue Information Management System (RIMS) (JLCAR
Deadline November 18, 2019.) |
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3. 9:10 a.m. Committee
Conditional Approvals: |
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(a) FP 2019-69 |
PEASE DEVELOPMENT AUTHORITY Rules
Regarding Permitting and Setting Moorings and Anchorages (JLCAR Deadline November 4, 2019.) |
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(b) FP 2019-133 |
BOARD OF FAMILY MEDIATOR CERTIFICATION Continuing Education and
Requirement to Screen (JLCAR Deadline November 7, 2019.) |
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(c) FP 2019-142 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Child-Placing
Agency Licensing Requirements (JLCAR Deadline November 18, 2019. Interim rules will expire October 29,
2019.) |
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4. 9:15 a.m. Committee
Acceptance of Agency Responses to Objections: |
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(No items.) |
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5. 9:16 a.m. Committee
Issuance of Preliminary or Revised Objections to Final Proposals: |
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(No Items.) |
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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. |
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Conditionally Approved August 15, 2019: |
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FP 2019-96 |
BOARD OF NURSING Endorsement (Response received September 26, 2019 and
confirmed September 27, 2019.) |
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FP 2019-97 |
MIDWIFERY COUNCIL Complaint
Procedures, Documentation for Initial Certification, Laceration Repairs (Response received October 9, 2019 and
confirmed October 10, 2019.) |
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Conditionally Approved September 20, 2019: |
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FP 2019-106 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Home
Health Care Providers Licensing (Response received September 24, 2019 and
confirmed September 24, 2019.) |
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FP 2019-109 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Cross-Program
Rules Cross-Media
Electronic Reporting Rule (CROMERR) Compliance (Response received September 24, 2019 and
confirmed September 24, 2019.) |
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FP 2019-112 |
DEPARTMENT
OF CORRECTIONS Resident
Orientation (Response received September 24, 2019 and
confirmed September 24, 2019.) |
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FP 2019-115 |
DEPARTMENT
OF CORRECTIONS Definition
of “Safety Booth” (Response received September 24, 2019 and
confirmed September 24, 2019.) |
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FP 2019-116 |
DEPARTMENT
OF CORRECTIONS Use
of “Safety Booths” in the Special Housing Unit and Secure Psychiatric Unit (Response received September 24, 2019 and
confirmed September 24, 2019.) |
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FP 2019-117 |
DEPARTMENT
OF CORRECTIONS Resident
Interaction Prohibited in Secure Psychiatric Unit (Response received September 24, 2019 and
confirmed September 24, 2019.) |
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FP 2019-118 |
DEPARTMENT
OF CORRECTIONS Resident
Case Management (Response received September 24, 2019 and
confirmed September 24, 2019.) |
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FP 2019-119 |
DEPARTMENT
OF CORRECTIONS Physical
Plant Management (Response received September 24, 2019 and
confirmed September 24, 2019.) |
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REGULAR AGENDA |
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6. 9:18 a.m. Consider
postponing action on certain items to another meeting. |
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7. 9:20
a.m. BOARD OF EDUCATION |
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(a)
OR 2019-5 |
Learn Everywhere Program for
High School Graduation Credit (JLCAR Deadline October 23, 2019.) |
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(b)
Discussion on the following emergency rule: |
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ER (Doc. #12895) School Use Aid (Effective
10-10-19. Scheduled to expire 4-7-20.) |
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(c)
Discussion on the following emergency
rule: |
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ER (Doc. #12896) Robotics Education Fund (Effective
10-10-19. Scheduled to expire 4-7-20.) |
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8. 9:40
a.m. DEPARTMENT OF JUSTICE |
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FP 2019-68 |
Victims'
Compensation (JLCAR
Deadline November 4, 2019.) |
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9. 9:50
a.m. DEPARTMENT OF ENVIRONMENTAL
SERVICES |
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FP 2019-102 |
Drinking
Water Programs Administrative
Procedures for Grants and Loans from the Drinking Water and Groundwater Trust
Fund (JLCAR Deadline November 4, 2019.) |
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10. 10:00
a.m. DEPARTMENT OF SAFETY |
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(a) FP 2019-88 |
Commissioner Various
NH Vehicle Registration Rules (JLCAR Deadline November 18, 2019.) |
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(b) INT 2019-29 |
Voluntary Certification of
Fire Protection Equipment Technicians (JLCAR Deadline January 1, 2020. Most of the rules expired November 6,
2018.) |
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(c)
Discussion on the following emergency rule: |
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ER (Doc. #12894) Substance Abuse Grant
Program Emergency Rule (Effective 10-3-19. Scheduled to expire 3-31-20.) |
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11. 10:10
a.m. DEPARTMENT OF HEALTH AND HUMAN
SERVICES |
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(a) FP 2019-100 |
Former
Division of Public Health Services Rules for Residential
Treatment and Rehabilitation Facilities (JLCAR Deadline November 14, 2019. Former interim rules expired August 19,
2019.) |
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(b) FP 2019-108 |
Former
Division of Public Health Services Rules for Ambulatory
Surgical Centers (JLCAR Deadline November 12, 2019. Former interim rules expired December 24,
2018.) |
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(c) FP 2019-121 |
Former
Division of Mental Health and Developmental Services Certification Standards for
Behavioral Health Community Residences (JLCAR Deadline November 18, 2019. Former interim rules expired September 6,
2019.) |
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12. 10:20
a.m. BOARD OF ACCOUNTANCY |
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FP 2019-107 |
Application for Initial
Certification, Reciprocity, and Return to Active Practice (JLCAR Deadline October 17, 2019.) |
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13. 10:40
a.m. BOARD OF PSYCHOLOGISTS |
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FP 2019-110 |
Petition for Waiver (JLCAR Deadline October 24, 2019.) |
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14. 10:50
a.m. BOARD OF MEDICINE |
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FP 2019-46
Postponed to |
Licensure
Requirements, Renewal Requirements, Ethical Standards, and Physician (JLCAR Deadline November 12, 2019.) |
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15. 11:00
a.m. REAL ESTATE COMMISSION |
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FP 2019-67 Postponed
to |
Amendments to Organizational
Rules, Practice and Procedural Rules, Licensing Requirements, and Continued
Status (JLCAR Deadline November 18, 2019.) |
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16. 11:10
a.m. PHARMACY BOARD |
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(a) OR 2019-33 Postponed
to |
Registered
and Certified Pharmacy Technician Duties (JLCAR Deadline December 2, 2019.) |
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(b) FP 2019-72 Postponed
to |
Investigations (JLCAR Deadline November 14, 2019.) |
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(c) FP 2019-74 Postponed
to |
Inspections (JLCAR Deadline November 14, 2019.) |
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17. 11:20
a.m. ELECTRICIANS' BOARD |
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FP 2019-94 Postponed
to |
Apprentice Qualifications (JLCAR Deadline November 18, 2019.) |
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18. 11:30
a.m. GOVERNING BOARD OF PHYSICAL
THERAPISTS |
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FP 2019-99 Postponed
to |
Ethical Standards (JLCAR Deadline November 7, 2019.) |
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19. 11:40
a.m. BOARD OF NURSING |
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OR 2019-71 Postponed
to |
Alternative Recovery
Monitoring Program (JLCAR Deadline December 19, 2019.) (Response
not yet filed. Response due by
November 4, 2019). |
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OTHER BUSINESS |
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20. 11:50
a.m. |