JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

NOVEMBER 19, 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 and Proposed Meeting Schedule for 2016

 

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 2015-149
Approval

BOARD OF DENTAL EXAMINERS

Direct Supervision, Organization of the Board and Docketing, and Service of Documents

(JLCAR Deadline December 21, 2015.)

 

 

(b)  FP 2015-153
Approval

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Pesticide Registration Fees

(JLCAR Deadline December 14, 2015.)

 

 

(c)  FP 2015-159
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Federal Standards Update

(JLCAR Deadline December 21, 2015.)

 

 

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

 

 

(a)  FP 2015-128
Conditional Approval

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Licensing of Commercial Devices

(JLCAR Deadline December 21, 2015.)

 

 

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

 

 

(a) ROR 2015-39
Approval

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

Funeral Director's Place of Establishment

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

 

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 September 17, 2015:

 

 

FP 2015-117

BOARD OF NURSING

Licensing Requirements

(Response received 10-22-15.  Converted to preliminary objection pursuant to RSA 541-A:13, V(a).  Objection Response not yet filed.  Response due by 12-3-15.)

 

 

Conditionally Approved October 15, 2015:

 

 

FP 2015-103

DEPARTMENT OF LABOR

Award of Fees and Interest

(Response received 10-19-15 and confirmed 10-21-15.)

 

 

FP 2015-54

DEPARTMENT OF EMPLOYMENT SECURITY

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

(Response received 10-21-15 and confirmed 10-21-15.)

 

 

FP 2015-67

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medicaid Managed Care

(Response received 10-21-15 and confirmed 10-23-15.)

 

 

FP 2015-137

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Therapeutic Cannabis Program -- Alternative Treatment Centers

(Response received 10-20-15 and confirmed 10-21-15.)

 

 

FP 2015-129

INSURANCE DEPARTMENT

Claim Settlement

(Response received 10-21-15 and confirmed 10-21-15.)

 

 

FP 2015-143

DEPARTMENT OF REVENUE ADMINISTRATION

Low Income Housing Tax Credit Assessment

(Response received 10-26-15 and confirmed 10-28-15.)

 

 

REGULAR AGENDA

 

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

 

7.   9:20 a.m.    BOARD OF EDUCATION

 

 

(a)  FP 2014-189
Conditional Approval

Child Restraint Practices

(JLCAR Deadline November 19, 2015.)

(Proposal includes Amended Final Proposal.)

(Formerly Item #10 on 10-15-15 agenda).

 

 

(b)  FP 2015-135
Conditional Approval

Minimum Standards for Public School Approval

(JLCAR Deadline December 7, 2015.)

 

 

8.   9:30 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2015-101
Approval

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 19, 2015.)

(Formerly Item #11(c) on 10-15-15 agenda).

 

 

(b)  FP 2015-127
Approval

Commissioner

Medicaid Covered Services

(JLCAR Deadline December 21, 2015.)

 

 

(c)  FP 2015-132
Approval

Former Division of Public Health Services

Specific Licenses for Manufacture or Transfer of Certain Items Containing Byproduct Material, Specific Licenses of Broad Scope for Other Than Human Use, and Radiation Safety Requirements for Industrial Radiographic Operations

(JLCAR Deadline December 14, 2015.)

 

 

(d)  FP 2015-158
Conditional Approval

Former Division of Public Health Services

Collection Station Rules

(JLCAR December 21, 2015.)

 

 

(e)    Discussion on state of response to petition for emergency rule on the Standard Utility Allowance (SUA) in the Food Stamp Program.

No Further Action

 

 

9.   9:45 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2015-76
Conditional Approval

Water Quality and Quantity Programs

State Water Pollution Control Revolving Loan Fund

(JLCAR Deadline December 14, 2015.)

 

 

10. 10:00 a.m.  Discussion on the following emergency rule:

 

 

No Further Action

BOARD OF MEDICINE

Emergency Rules for Opioid Processing

Document #10969, effective November 6, 2015

 

 

11. 10:10 a.m.  LOTTERY COMMISSION

 

 

FP 2015-122
Approval

Rules for Prize Assignments

(JLCAR Deadline December 14, 2015.)

 

 

12. 10:20 a.m.  FISH AND GAME DEPARTMENT

 

 

FP 2015-146
Approval

License and Permit Fees

(JLCAR Deadline December 14, 2015.)

 

 

13. 10:30 a.m.  BOARD OF DENTAL EXAMINERS

 

 

FP 2015-150
Approval

Application Procedures, Qualification and Supervision, Use of General Anesthesia and Sedation, Dental Assistant and Hygienist Duties, and Ethical Duties

(JLCAR Deadline December 21, 2015.)

 

 

14. 10:40 a.m.  BANKING DEPARTMENT

 

 

INT 2015-12
Approval

Collateralization of Public Deposits

(JLCAR Deadline January 20, 2016.  Interim rule implements 2015, 272:16 (SB 188-FN), effective October 1, 2015.)

 

 

15. 10:50 a.m.  SITE EVALUATION COMMITTEE

 

 

(a)  OR 2015-11
Postponed to 12/3/15 Continued Meeting

Organizational and Practice and Procedure Rules

(JLCAR Deadline January 19, 2016.)

(Response not yet filed.  Response due by November 30, 2015.)

 

 

(b)  OR 2015-12
Postponed to 12/3/15 Continued Meeting

Explanation of Proposed Rule and Certificates of Site and Facility Rules

(JLCAR Deadline January 19, 2016.)

(Response not yet filed.  Response due by November 30, 2015.)

 

 

16. 11:00 a.m.  BOARD OF NURSING

 

 

OR 2015-117
Postponed to 12/3/15 Continued Meeting

Licensing Requirements

(JLCAR Deadline January 22, 2016.)

(Response not yet filed.  Response due by December 3, 2015.)

 

 

17. 11:10 a.m.  Discussion on amendments to the Drafting and Procedure Manual for Administrative Rules.

Postponed to 12/3/15 Continued Meeting

 

 

OTHER BUSINESS

18. 11:20 a.m.