JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR
MEETING
TENTATIVE
AGENDA
OCTOBER 18, 2012 - 9:00 a.m.
ROOMS 305/307
LEGISLATIVE OFFICE BUILDING
Senate
Members of JLCAR |
House
Members of JLCAR |
Amanda Merrill, Vice-Chair |
Betsey L. Patten, Chair |
Fenton Groen |
Carol M. McGuire |
Molly Kelly |
Andrew J. Manuse |
Gary Lambert |
Maurice L. Pilotte |
Raymond White |
Peter B. Schmidt |
Sharon Carson (Alt.) |
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Lou D'Allesandro (Alt.) |
David H. Kidder (Alt.) |
James Forsythe (Alt.) |
Tara A. Sad (Alt.) |
Sylvia Larsen (Alt.) |
Kathleen N. Taylor (Alt.) |
Nancy Stiles (Alt.) |
Steven J. Winter (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: |
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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
CONSENT
AGENDA |
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2. 9:05 a.m. Committee
Approval of Final Proposals: |
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(a)
FP 2012-64 Approval |
HEALTH SERVICES PLANNING AND REVIEW BOARD Intervention (JLCAR Deadline November 8,
2012.) |
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(b)
FP 2012-83 Approval |
GOVERNING BOARD OF RECREATIONAL THERAPISTS Pre-Hearing Disclosure of Witnesses and Exhibits (JLCAR Deadline October 29,
2012.) |
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(c)
FP 2012-84 Approval |
GOVERNING BOARD OF RECREATIONAL THERAPISTS Renewal Application and Reinstatement Documents (JLCAR Deadline October 29,
2012.) |
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(d)
FP 2012-87 Approval |
INSURANCE
DEPARTMENT Claims Payments (JLCAR
Deadline November 8, 2012.) |
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(e)
FP 2012-99 Approval |
DEPARTMENT OF
SAFETY Various "Operation of the Central
Repository: Criminal Records" Rules (JLCAR
Deadline October 22, 2012.) |
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(f) FP 2012-100 Approval |
FISH AND GAME DEPARTMENT Hunter and Bowhunter Education Programs and Hunter
and Bowhunter Education Instructors (JLCAR
Deadline November 5, 2012.) |
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(g) FP
2012-102 Approval |
GOVERNING BOARD OF ATHLETIC TRAINERS Pre-Hearing Disclosure of Witnesses and Exhibits (JLCAR
Deadline November 1, 2012.) |
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(h) FP
2012-103 Approval |
GOVERNING BOARD OF ATHLETIC TRAINERS Notarized Signature and Temporary Visits in the
State (JLCAR
Deadline November 1, 2012.) |
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(i) FP
2012-104 Approval |
GOVERNING BOARD OF ATHLETIC TRAINERS Multipart Renewal Application Form and Voluntary
Surrender of License (JLCAR
Deadline November 1, 2012.) |
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(j) FP
2012-107 Approval |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Human Services Revisions to the Types and Issuance of Employment
Support Services (ESS) Offered in the New Hampshire Employment Program (NHEP) (JLCAR
Deadline October 29, 2012.) |
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(k) FP
2012-109 Approval |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Hazardous Waste Programs Hazardous Waste Definitions (JLCAR
Deadline November 19, 2012.) |
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(l) FP
2012-110 Approval |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Hazardous Waste Programs Hazardous Waste Amendments Re: Permits, Generators,
Transporters, Facility Owners/Operators, Recycling, HW Cleanup Fund,
Universal Waste (JLCAR
Deadline November 19, 2012.) |
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(m)
FP 2012-113 Approval |
INSURANCE
DEPARTMENT Requirements for Accident and Health
Insurance Rate Submissions (JLCAR
Deadline November 19, 2012.) |
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(n)
FP 2012-118 Conditional Approval |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Mental Health and
Developmental Services Nursing Facility Preadmission Screening and
Resident Review (PASRR) (JLCAR
Deadline November 19, 2012.) |
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3. 9:10 a.m. Committee
Conditional Approvals: |
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(No Items) |
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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 16, 2012: |
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FP 2012-60 |
PHARMACY BOARD Transmission of Prescription Drug Order by
Prescriber (Response received 9-26-12 and
confirmed 9-26-12.) |
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Conditionally Approved September 20, 2012: |
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FP 2012-81 |
INSURANCE DEPARTMENT Life, Accident and Health Form and Rate Filings (Response received 9-24-12 and
confirmed 9-24-12.) |
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FP 2012-76 |
BOARD OF REGISTRATION
IN OPTOMETRY Rules Regarding Pharmaceutical Agents,
Continuing Education Form, Misconduct Investigations and Disciplinary
Sanctions for Optometrists (Response
not yet received.) |
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FP 2011-160 |
DEPARTMENT OF
EMPLOYMENT SECURITY Appeal from Denial of Continued Eligibility
for Benefits (Response
received 9-25-12 and confirmed 9-26-12.) |
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INT 2012-8 |
DEPARTMENT OF
EMPLOYMENT SECURITY Definitions/Work Search/Employment Services (Response
received 9-25-12 and confirmed 9-26-12.) |
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FP 2012-21 |
DEPARTMENT OF
TRANSPORTATION Process for Marketing and Sale of State Owned
Property Utilizing Real Estate Professionals (Response received 10-2-12 and
confirmed 10-3-12.) |
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FP 2009-193 |
DEPARTMENT OF CULTURAL RESOURCES Division of Historical Resources Organizational Rules (Response received 10-15-12
and confirmed 10-15-12.) |
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Conditionally Approved October 4, 2012: |
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FP 2012-56 |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Human Services Medicaid Managed Care (Response received 10-11-12
and confirmed 10-12-12.) |
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NOTE: On October 4, 2012, the Committee
had recommended to the Acting Director of the Office of Legislative Services
that she accept as an editorial change to adopted rule He-W 540 on private
duty nurses (Final Proposal 2012-105) the deletion of He-W 540.06(a)(2)c., as
requested by the Department of Health and Human Services. The Acting Director agreed to the
recommendation on October 8, 2012. |
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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. DEPARTMENT
OF LABOR |
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OR 2011-161 Approval of Amended Objection
Response |
Employee Leasing Companies (JLCAR
Deadline October 26, 2012.) (Formerly Item #14 on 10-4-12 agenda.) |
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8. 9:30
a.m. DEPARTMENT OF
SAFETY |
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(a) FP
2012-74 Conditional Approval |
Readoption of Motor Carrier Safety Rules (JLCAR
Deadline October 25, 2012.) |
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(b)
FP 2012-94 Postponed to 11/15/12 |
Request for Reconsideration Rule – TO
BE POSTPONED TO 11/15/12 MEETING (JLCAR
Deadline November 9, 2012.) |
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(c)
FP 2012-121 Postponed to 11/15/12 |
Various Bureau of Electrical Safety and
Licensing Rules (JLCAR
Deadline November 19, 2012.) |
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9. 10:00 a.m. BOARD
OF EDUCATION |
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FP 2012-62 Conditional Approval |
Principal, Associate Principal, District
Administrator, Educational Interpreter and Professional Development (JLCAR Deadline November 9,
2012.) |
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10. 10:15
a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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OR 2012-85* Approval with Recommendation |
Former Division of Public Health Services Individual Home Care Service Providers (JLCAR
Deadline December 21, 2012.) |
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11. 10:30
a.m. DEPARTMENT OF REVENUE
ADMINISTRATION |
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(a)
FP 2012-89 Approval |
Interest and Dividends Tax (JLCAR Deadline November 13,
2012.) |
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(b)
FP 2012-116 Approval |
Communications Services Tax (JLCAR
Deadline November 13, 2012.) |
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(c)
FP 2012-117 Approval |
Financial Accounting for Cities and Towns (JLCAR Deadline November 15,
2012.) |
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OTHER BUSINESS 12. 11:30 a.m. Other (Formerly Item #16 on
9-20-12 and 10-4-12 agendas.) |
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(a) Discussion
on response by the Police Standards and Training Council to JLCAR's petition
of August 16, 2012. No Further Action |
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(b) Discussion on emergency rule (Doc. #10172,
effective 8-18-12) filed by Department of Resources and Economic Development. No Further Action |
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