JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

NOVEMBER 17, 2011 - 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.)

David H. Kidder (Alt.)

Lou D'Allesandro (Alt.)

Tara A. Sad (Alt.)

James Forsythe (Alt.)

Kathleen N. Taylor (Alt.)

Sylvia Larsen (Alt.)

Stella Tremblay (Alt.)

Nancy Stiles (Alt.)

Steven J. Winter (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 & Review Minutes

  9.  10:20 am     INT 2011-30 He-C, FP's 2011-77 He-W

 

                         & 2011-129 He-M

Consent Agenda

10.  11:20 am      OR 2011-98 Saf-C

2.    9:05 am      Final Proposals

11.  11:45 am      OR 2011-41 Ph

3.    9:10 am      Objection Responses

12.    1:00 pm     LUNCH BREAK

4.    9:12 am      Preliminary Objections

13.    2:00 pm     OR 2011-93 Saf-C

 

14.    3:00 pm     OR 2011-71 Asb

Regular Agenda

 

5.    9:13 am      Postpone Items

Other Business

6.    9:15 am      FP 2011-59 Lab

15.    4:00 pm

7.    9:45 am      FP 2011-88 Ed

 

8.  10:15 am      FP 2011-85 Pol

 

 

 

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.
Otherwise, agency cannot adopt the interim rule.

 

 

CONSENT AGENDA

 

2.   Committee Approval of Final Proposals:

 

 

(a)  FP 2011-76

Approval

BOARD OF EDUCATION

General and Professional Education

(JLCAR Deadline December 1, 2011.)

 

 

(b)  FP 2011-84

Approval

 

POLICE STANDARDS AND TRAINING COUNCIL

Rules for Legislative Security Staff

(JLCAR Deadline December 9, 2011.)

 

 

(c)  FP 2011-91

Approval

DEPARTMENT OF TRANSPORTATION

Off Premise Outdoor Advertising

(JLCAR Deadline December 19, 2011.)

 

 

(d)  FP 2011-106

Approval

DEPARTMENT OF TRANSPORTATION

Aircraft, Commercial Aviation Operator, and Aircraft Dealer Registration

(JLCAR Deadline December 16, 2011.)

 

 

(e)  FP 2011-119

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Respite Services

(JLCAR Deadline December 19, 2011.)

 

 

(f)  FP 2011-121

Approval

FISH AND GAME DEPARTMENT

Shot Size for Taking Turkey and Readoption of Miscellaneous Wildlife Rules

(JLCAR Deadline December 5, 2011.)

 

 

(g)  FP 2011-122

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Waste Management

Applicability of Stage II Vapor Recovery Requirements

(JLCAR Deadline December 15, 2011.)

 

 

(h)  FP 2011-125*

Conditional Approval

PHARMACY BOARD

Minimum Standard of Technical Equipment and Stock

(JLCAR Deadline December 19, 2011.)

*  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.

 

 

(i)  FP 2011-126*

Approval

PHARMACY BOARD

Records and Reports
(JLCAR Deadline December 19, 2011.)

*  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.

 

 

(j)  FP 2011-130

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Human Services

Independent Coverage Review

(JLCAR Deadline December 19, 2011.)

 

 

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 October 20, 2011:

 

 

FP 2011-117

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Physician Services

(Response received 10-21-11 and confirmed 10-21-11.)

 

 

Conditionally Approved November 3, 2011:

 

 

FP 2011-89

BOARD OF LICENSING FOR INTERPRETERS FOR THE DEAF AND
HARD OF HEARING

Organization and Practice and Procedure Rules for the Deaf and Hard of Hearing Interpreters

(No response yet.)

 

 

FP 2011-90

BOARD OF LICENSING FOR INTERPRETERS FOR THE DEAF AND
HARD OF HEARING

Licensing Rules for the Deaf and Hard of Hearing Interpreters

(No response yet.)

 

 

FP 2011-99

DEPARTMENT OF SAFETY

Oil Pollution Control Fund Rules

(Response received 11-8-11 and confirmed 11-10-11.)

 

 

FP 2011-100

DEPARTMENT OF SAFETY

Oil Discharge and Disposal Fund Rules

(Response received 11-8-11 and confirmed 11-10-11.)

 

 

REGULAR AGENDA

 

5.   Consider postponing action on certain items to another meeting.

 

 

6.   FP 2011-59

Conditional Approval

DEPARTMENT OF LABOR

Workers Compensation Claims Procedures and Managed Care Injury Management Facilitator Requirements

(JLCAR Deadline November 28, 2011.)

 

 

7.   FP 2011-88

Conditional Approval

BOARD OF EDUCATION

Minimum Standards for Public School Approval

(JLCAR Deadline December 1, 2011.)

 

 

8.   FP 2011-85

Approval

POLICE STANDARDS AND TRAINING COUNCIL

Firearms Instructor Qualifications

(JLCAR Deadline December 9, 2011.)

 

 

9.   DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) INT 2011-30

Approval

Commissioner
Payments to Non-Public Disproportionate Share Hospitals/Uncompensated Care Fund Reporting

(JLCAR Deadline February 8, 2012.  Rules implement HB 2 (2011, 224:36-41), effective July 1, 2011.)

 

 

(b)  FP 2011-77

Approval

Former Division of Human Services

Family Planning Expansion Category

(JLCAR Deadline December 19, 2011.)

 

 

(c)  FP 2011-129

Approval

Former Division of Mental Health and Developmental Services

In-Home Supports

(JLCAR Deadline December 19, 2011.)

 

 

10.   OR 2011-98

Approval

DEPARTMENT OF SAFETY

Road Toll Administration Rules

(JLCAR Deadline February 7, 2012.)

 

 

11.   OR 2011-41*

Postponed to 12/1/11 Continued Meeting

PHARMACY BOARD

Unused Prescription Drug Program Rules

(JLCAR Deadline January 24, 2012.)

*Response not yet filed.

 

 

12.   LUNCH BREAK

 

 

13.   OR 2011-93*

Postponed to 12/1/11 Continued Meeting

DEPARTMENT OF SAFETY

State Fire Code Rules

(JLCAR Deadline January 10, 2012.)
*Response not yet filed.

 

 

14.   OR 2011-71*

Postponed to 12/1/11 Continued Meeting

ASSESSING STANDARDS BOARD

Certification of Assessors

(JLCAR Deadline January 10, 2012.)

*Response not yet filed.

 

 

OTHER BUSINESS

15.   Other