JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

November 19, 2020 - 9:00 a.m.

REMOTE MEETING

Instructions at http://gencourt.state.nh.us/rules/default.htm

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

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, Remote Meeting Script, Roll Call, Seating of Alternates, and Review Minutes

 

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

EXIR – Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

2.   9:05 a.m.    Committee Approval of Final Proposals:

 

 

(a)  FP 2020-43

Approval

DEPARTMENT OF SAFETY

Commissioner

Revision to Unsafe Vehicle Forms

(JLCAR Deadline December 15, 2020.)

 

 

(b)  FP 2020-82

Approval

DEPARTMENT OF SAFETY

Commissioner

Saf-C 2200 Licensing of Private Investigator, Security Guards, and

Bail Recovery Agents Fee Rule Changes

(JLCAR Deadline December 15, 2020.)

 

 

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

 

 

(No items)

 

 

 

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

 

(No items)

 

 

5.   9:16 a.m.    Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(No items)

 

 

 

NOTE:

 

The following proposal was withdrawn in response to the Committee's preliminary objection of October 15, 2020.  No further Committee action is required.

 

FP 2020-35

BOARD OF EDUCATION

Vocational Rehabilitation Programs

(Existing emergency rule expires January 11, 2021.)

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 15, 2020:

 

 

FP 2020-47

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Spring 2020 Amendments to Wetlands Rules

(Response received October 16, 2020 and confirmed October 16, 2020.)

 

 

FP 2020-57

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Elderly Services

Nursing Facility Services

(Response received October 19, 2020 and confirmed October 29, 2020.)

 

 

FP 2020-49

NATUROPATHIC BOARD OF EXAMINERS

Changes to Organizational and Procedural Rules

(Response received November 16, 2020 and confirmed November 16, 2020.)

 

 

FP 2020-50

NATUROPATHIC BOARD OF EXAMINERS

Licensing Requirements, Continued Status, Scope of Practice, and

Formulary Council

(Response received November 16, 2020 and confirmed November 16, 2020.)

 

REGULAR AGENDA

 

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

 

 

7.   9:20 a.m.    DEPARTMENT OF SAFETY

 

(a)  FP 2019-202

Preliminary Objection

Commissioner

Road Toll Administration Rules

(JLCAR Deadline November 19, 2020.  Some rules were interim rules that

expired June 29, 2020.)

(Formerly Item #11(a) on July 16, 2020 Agenda, Item #9 on

August 20, 2020 Agenda, Item #8 on September 17, 2020 Agenda, and Item #8(a) on October 15, 2020 Agendas.)

 

 

(b)  FP 2020-39

Approval

Commissioner

Amendment to DSMV 428 Uniform Motor Vehicle Summons Form

(JLCAR Deadline December 1, 2020.)

 

 

8.   9:25 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES—TO BE POSTPONED

 

 

OR 2020-54

Drinking Water Programs

Drinking Water State Revolving Loan Fund Program

(JLCAR Deadline January 21, 2021.)

(Response not yet received.  Response due by November 30, 2020.)

 

 

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

 

 

(a)  FP 2019-209

Former Division of Public Health Services—TO BE POSTPONED

Rules for Hospitals

(JLCAR Deadline December 22, 2020.  Former interim rules expired April 22, 2018.)

 

 

(b)  FP 2020-56

Conditional Approval

Commissioner

Limitations on Child Restraints and Seclusion Practices

(JLCAR Deadline December 14, 2020.)

 

 

(c)  FP 2020-72

Commissioner—TO BE POSTPONED

NH Residential Child Care Licensing Rules

(JLCAR Deadline December 22, 2020.)

 

 

(d)  Discussion on the following emergency rule:

 

 

ER Doc. #13118

No Further Action

Former Division of Human Services

Emergency Rule Amendment Related to MEAD Disability Determination

(Effective October 19, 2020.  Scheduled to expire April 17, 2021.)

 

 

10.  9:40 a.m. DEPARTMENT OF CORRECTIONS—TO BE POSTPONED

 

 

OR 2020-62

Visitation, Request Slips, Grievances, Resident Mail, E-Mail, &

Package Service

(JLCAR Deadline January 21, 2021.)

(Response not yet received.  Response due by November 30, 2020.)

 

 

11.  9:45 a.m. BOARD OF MENTAL HEALTH PRACTICE—TO BE POSTPONED

 

 

(a)  FP 2020-75

Organizational Rules

(JLCAR Deadline December 22, 2020.)

 

 

(b)  FP 2020-78

Ethical and Professional Standards, Responsibilities of Licensees

(JLCAR Deadline December 28, 2020.)

 

 

12. 9:50 a.m.    Discussion on the following emergency rule:

 

 

ER Doc. #13125

No Further Action

OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

Initial Fees and Renewal Fees for Pharmacies and Mail Order Pharmacies

(Effective October 23, 2020.  Scheduled to expire April 21, 2021.)

 

 

13. 10:00 a.m.  Discussion on amendments to JLCAR rules due to HB 1245 and prior legislation.

(Formerly Item #15 on October 15, 2020 Agenda.)

Approved

 

14. 10:15 a.m.  Discussion on SB 576.

(Formerly Item #16 on October 15, 2020 Agenda.)

Motion Approved

 

OTHER BUSINESS

15. 10:30 a.m.