JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

NOVEMBER 22, 2013 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Peter B. Schmidt, Vice-Chair

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Bette Lasky

Rep. James R. MacKay

Sen. Jim Rausch

Rep. Carol M. McGuire

Sen. David Watters

Rep. Tara A. Sad

Sen. Peter Bragdon (Alt.)

Rep. Richard W. Barry (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Andy Sanborn (Alt.)

Rep. David H. Kidder (Alt.)

Sen. Nancy Stiles (Alt.)

Rep. Mary S. Nelson (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:

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 and Proposed Expedited Revisions to Agency Forms:

 

 

(a)  FP 2013-81
Approval

OIL FUND DISBURSEMENT BOARD

Non-Adjudicatory Public Hearings; Requests for Rule Explanation

(JLCAR Deadline December 12, 2013.)

 

 

(b)  FP 2013-101
Approval

POLICE STANDARDS AND TRAINING COUNCIL

Hiring Authority to Notify Council

(JLCAR Deadline December 13, 2013.)

 

 

(c)  FP 2013-116
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Public Water System General Operation and Maintenance Requirements

(JLCAR Deadline December 9, 2013.)

 

 

(d)  FP 2013-117
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Septage Management

(JLCAR Deadline December 13, 2013.)

 

 

(e)  FP 2013-118
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Recoupment of Child Support Overpayments

(JLCAR Deadline December 23, 2013.)

 

 

(f)  FP 2013-125
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Electronic Funds Transfer

(JLCAR Deadline December 2, 2013.)

 

 

(g)  FP 2013-126
Approval

FISH AND GAME DEPARTMENT

Marine Rules

(JLCAR Deadline December 9, 2013.)

 

 

(h)  FP 2013-127
Approval

FISH AND GAME DEPARTMENT

Hunter and Bowhunter Education

(JLCAR Deadline December 9, 2013.)

 

 

(i)  FP 2013-128
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Nursing Facility Reimbursement

(JLCAR Deadline December 23, 2013.)

 

 

(j)  FP 2013-134*
Approval

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Equine Infectious Anemia

(JLCAR Deadline December 23, 2013.  Former rules expired July 21, 2012.)

*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.

 

 

(k)  FP 2013-135*
Approval

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Identification of Cats

(JLCAR Deadline December 23, 2013.  Former rules expired June 24, 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.

 

 

(l)  FP 2013-152
Approval

FISH AND GAME DEPARTMENT

2014 Snowmobile Reciprocity Weekend

(JLCAR Deadline December 13, 2013.)

 

 

(m)  FP 2013-154
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring He-W 600 Rules Impacting All Categories of Financial and Medical Assistance

(JLCAR Deadline December 20, 2013.)

 

 

(n)  EXRF 2013-2
Approval

DEPARTMENT OF JUSTICE

Comprehensive Application for Registration of Subdivided Land;

Abbreviated Application for Registration of Subdivided Land

(No JLCAR Deadline.)

 

 

(o)  EXRF 2013-3
Approval

DEPARTMENT OF JUSTICE

Comprehensive Application for Registration of Condominium Units;

Abbreviated Application for Registration of Condominium Units

(No JLCAR Deadline.)

 

 

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 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 17, 2013

 

 

FP 2013-47

DEPARTMENT OF SAFETY

Readoption of Various Carnival-Amusement Rules

(Response received 10-29-13 and confirmed 10-29-13.)

 

 

REGULAR AGENDA

 

6.   9:18 a.m.    Consider postponing action on certain items to another meeting and setting 2014 schedule.

 

7.   9:20 a.m.    GOVERNING BOARD OF ATHLETIC TRAINERS

 

 

(a)  FP 2013-109
Approval with Understanding

Initial Application Form, Required Documents, & Initial Eligibility Requirements

(JLCAR Deadline December 5, 2013.)

 

 

(b)  FP 2013-110
Approval

Renewal Procedures, Renewal Application Form, Required Documents, Continuing Competency, Continuing Competency Audit Procedures, Lapsed License Reinstatement, Supervision, & Obligation to Report

(JLCAR Deadline December 5, 2013.)

 

 

8.   9:30 a.m.    FISH AND GAME DEPARTMENT

 

(a)  FP 2013-103
Approval

Groundfish Rules

(JLCAR Deadline December 9, 2013.)

 

 

(b)  FP 2013-145
Conditional Approval

Falconry Rules

(JLCAR Deadline December 23, 2013.)

 

 

9.   9:40 a.m.    DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

(a)  FP 2013-70
Conditional Approval with Recommendation

Beekeeping

(JLCAR Deadline December 23, 2013.  Former rules expired May 24, 2008.)

 

 

(b)  FP 2013-80
Approval

Fertilizers

(JLCAR Deadline December 19, 2013.  Former rules expired March 29, 2008.)

 

 

(c)  FP 2013-133
Postponed to 12/5/13
Continued Meeting

Rabies Control

(JLCAR Deadline December 23, 2013.  Former rules expired April 23, 2013.)

 

 

10. 10:00 a.m.  DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2013-62
Conditional Approval

Water Quality and Quantity Programs

Water Conservation

(JLCAR Deadline December 2, 2013.)

 

 

(b)  FP 2013-147
Approval

Air Related Programs

Carbon Dioxide (CO2) Budget Trading Program

(JLCAR Deadline December 23, 2013.)

 

 

(c)  FP 2013-148
Approval

Air Related Programs

Carbon Dioxide (CO2) Offset Projects

(JLCAR Deadline December 23, 2013.)

 

 

(d)  FP 2013-149
Approval

Air Related Programs

Carbon Dioxide (CO2) Allowance Auction Program

(JLCAR Deadline December 23, 2013.)

 

 

(e)  FP 2013-69
Postponed to 12/5/13
Continued Meeting

Oil and Remediation Programs

Aboveground Petroleum Storage Facilities

(JLCAR Deadline December 9, 2013.)

 

 

11. 11:00 a.m.  PESTICIDE CONTROL BOARD

 

 

INT 2013-15
Approval

Pesticide Sale, Management, and Reporting

(JLCAR Deadline February 12, 2014.  Most of the rules expired January 3, 2012.)

 

 

OTHER BUSINESS

12. 11:30 a.m.  Other