JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

DECEMBER 15, 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

  8.  11:00 am     INT 2011-31 Bcr

 

  9.  11:30 am     FP 2011-154 Rev

Consent Agenda

10.  11:45 am      FP's 2011-118 He-P, &

2.    9:05 am      Final Proposals

                         2011-131, 145, & 148 He-W

3.    9:10 am      Objection Responses

11.    1:00 pm     LUNCH BREAK

4.    9:12 am      Preliminary Objections

12.    2:00 pm     Disc. on Manual.

 

13.    3:00 pm     OR 2011-71 Asb

Regular Agenda

 

5.    9:13 am      Postpone Items

Other Business

6.    9:15 am      OR 2011-93 & FP 2011-138 Saf-C

14.    4:00 pm

7.  10:00 am      FP 2011-86 Ed

 

 

 

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 2011-107

Approval

BOARD OF PROFESSIONAL ENGINEERS

Rules Regarding Record of Board Actions

(JLCAR Deadline January 2, 2012.)

 

 

(b)  FP 2011-108

Approval

 

BOARD OF PROFESSIONAL ENGINEERS

Rules Regarding Explanation After Adoption

(JLCAR Deadline January 2, 2012.)

 

 

(c)  FP 2011-109

Approval

BOARD OF PROFESSIONAL ENGINEERS

Rules Regarding Applications and Qualifications for Licensure, Fees, Disciplinary Matters, Continuing Education, and Ethical and Professional Standards

(JLCAR Deadline January 2, 2012.)

 

 

(d)  FP 2011-116

Approval

BOARD OF ARCHITECTS

Rules Regarding Explanation After Adoption

(JLCAR Deadline January 6, 2012.)

 

 

(e)  FP 2011-123

Approval

BOARD OF ACCOUNTANCY

Organizational Rules

(JLCAR Deadline December 27, 2011.)

 

 

(f)  FP 2011-124

Approval

BOARD OF ACCOUNTANCY

Rules Regarding Application Procedures, Fees, Education and Experience, Qualifications for Examination and Certificate to Practice as a CPA and as a CPA Firm, Claims Against Licensees, and Peer Review

(JLCAR Deadline December 27, 2011.)

 

 

(g)  FP 2011-127

Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Application, Required Documents, and Foreign Educated PTA

(JLCAR Deadline January 5, 2012.)

 

 

(h)  FP 2011-128

Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Definitions, Renewal Application, Reinstatement, Continuing Education, and Administrative Obligations
(JLCAR Deadline January 5, 2012.)

 

 

(i)  FP 2011-132

Approval

DEPARTMENT OF EMPLOYMENT SECURITY
Rulemaking Petitions

(JLCAR Deadline January 13, 2012.)

 

 

(j)  FP 2011-133

Approval

DEPARTMENT OF EMPLOYMENT SECURITY
Rulemaking Public Comment Hearings

(JLCAR Deadline January 13, 2012.)

 

 

(k)  FP 2011-134

Approval

DEPARTMENT OF EMPLOYMENT SECURITY
Explanation of Adopted Rules

(JLCAR Deadline January 13, 2012.)

 

 

(l)  FP 2011-135

Approval

PASSENGER TRAMWAY SAFETY BOARD

Various Passenger Tramway Safety Board Organizational Rules and Hearing and Procedural Rules

(JLCAR Deadline January 9, 2012.)

 

 

(m)  FP 2011-136

Approval

PASSENGER TRAMWAY SAFETY BOARD

Passenger Tramway Safety Board Hearing and Procedural Rules - Request for Statement Explaining Rule

(JLCAR Deadline January 9, 2012.)

 

 

(n)  FP 2011-137

Approval

PASSENGER TRAMWAY SAFETY BOARD

Passenger Tramway Safety Rules

(JLCAR Deadline January 9, 2012.)

 

 

(o)  FP 2011-140

Approval

FISH AND GAME DEPARTMENT
Reciprocity for Snowmobile Trails for a Weekend

(JLCAR Deadline January 17, 2012.)

 

 

(p)  FP 2011-141

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Elderly and Adult Services

Standard Disclosure Summary

(JLCAR Deadline January 17, 2012.)

 

 

(q)  FP 2011-142

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Therapy Services

(JLCAR Deadline January 17, 2012.)

 

 

(r)  FP 2011-146

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Nutritional Supplement for Working Families (NSWF)

(JLCAR Deadline January 17, 2012.)

 

 

(s)  FP 2011-147

Approval

BOARD OF DENTAL EXAMINERS

Active Dental Registration Fee, Re-licensure, Dental Advertising, General Anesthesia
and Sedation

(JLCAR Deadline January 17, 2012.)

 

 

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 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.)

 

 

Conditionally Approved November 17, 2011:

 

 

FP 2011-125

PHARMACY BOARD

Minimum Standard of Technical Equipment and Stock

(No response yet.)

 

 

FP 2011-59

DEPARTMENT OF LABOR

Workers Compensation Claims Procedures and Managed Care Injury Management Facilitator Requirements

(Response received 11-22-11 and confirmed 11-22-11.)

 

 

FP 2011-88

BOARD OF EDUCATION

Minimum Standards for Public School Approval

(No response yet.)

 

 

REGULAR AGENDA

 

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

 

 

6.   DEPARTMENT OF SAFETY

 

 

(a)  OR 2011-93

Revised Objection/
Revised Objection Response submitted same day and Approved

State Fire Code Rules

(JLCAR Deadline January 10, 2012.)
(*Formerly Item #13 on 12-1-11 agenda.).

 

 

(b)  FP 2011-138

Conditional Approval

Proximate Audience Pyrotechnics and Flame Effects Rules

(JLCAR Deadline January 12, 2012.)

 

 

7.   FP 2011-86

Conditional Approval

BOARD OF EDUCATION

Vocational Rehabilitation Programs

(JLCAR Deadline January 2, 2012.)

 

 

8.   INT 2011-31

Approval

STATE BUILDING CODE REVIEW BOARD

Interim Various Practice and Procedure Rules

(JLCAR Deadline February 21, 2012.  Existing regular rules will expire February 24, 2012.)

 

 

9.   FP 2011-154

Conditional Approval

DEPARTMENT OF REVENUE

Real Estate Transfer Tax (RETT)

(JLCAR Deadline January 17, 2012.)

 

 

10. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2011-118

Conditional Approval

Former Division of Public Health Services

Acute Psychiatric Residential Treatment Programs

(JLCAR Deadline January 9, 2012.)

 

 

(b)  FP 2011-131

Approval

Former Division of Human Services
Outpatient Hospital Service Limits

(JLCAR Deadline January 23, 2012.)

 

(c)  FP 2011-145

Postponed to 1/6/12 Continued Meeting

Former Division of Human Services
Determination of the One-Third Reduction in the State Supplement Program (SSP) Grant

(JLCAR Deadline January 17, 2012.)

 

 

(d)  FP 2011-148

Postponed to 1/6/12 Continued Meeting

Former Division of Human Services
Expiring Rule Related to Treatment of Personal Property Resources

(JLCAR Deadline January 17, 2012.)

 

 

11. LUNCH BREAK

 

 

12. Discussion and approval of amended Drafting and Procedure Manual for Administrative Rules.

(Formerly Item #15 on 12-1-11 agenda.)

Postponed to 1/6/12 Continued Meeting

 

 

13. OR 2011-71*

Postponed to 1/6/12 Continued Meeting

ASSESSING STANDARDS BOARD

Certification of Assessors

(JLCAR Deadline January 10, 2012.)

*Response not yet filed.

 

 

OTHER BUSINESS

14. Other