JOINT
LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR MEETING
TENTATIVE AGENDA
DECEMBER 15, 2016 - 9:00 a.m.
ROOMS 306/308
LEGISLATIVE OFFICE BUILDING
Senate
Members of JLCAR |
House
Members of JLCAR |
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Sen. John Reagan |
Rep. Carol M. McGuire |
Sen. Kevin Avard |
Rep. William A. Hatch |
Sen. Dan Feltes |
Rep. Rick M. Ladd |
Sen. Harold French |
Rep. Peter B. Schmidt |
Sen. Jay Kahn |
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Sen. Martha Fuller
Clark (Alt.) |
Rep. Suzanne H. Gottling
(Alt.) |
Sen. Lou D'Allesandro
(Alt.) |
Rep. John Sytek (Alt.) |
Sen. William Gannon
(Alt.) |
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Sen. Dan Innis
(Alt.) |
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Sen. Ruth Ward (Alt.) |
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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
2. 9:05 a.m. Elect
Chairperson and Vice-Chairperson
3. 9:10 a.m. Review Minutes
and Proposed Meeting Schedule for 2017
JLCAR Deadlines Noted in Agenda: |
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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. |
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 |
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(a) FP 2016-107 |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Water Quality and Quantity Programs Shoreland Protection (JLCAR Deadline January 6,
2017.) |
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(b) FP 2016-151 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Mental Health and Developmental Services Personal
Safety Emergencies (JLCAR Deadline January 17, 2017.) |
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(c) FP 2016-153 |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Air Related Programs Regulated Toxic Air Pollutants Updates (JLCAR Deadline January 13,
2017.) |
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(d) FP 2016-156 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Food
Stamp EBT Benefit Issuance and Extended Food Stamp (EFS) Benefits (JLCAR Deadline December 27, 2016.) |
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(e) FP 2016-173 |
LOTTERY
COMMISSION Lottery
Intercept (JLCAR Deadline January 17, 2017.) |
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(f) FP 2016-192 |
DEPARTMENT
OF REVENUE ADMINISTRATION Utility
Property Tax (JLCAR Deadline January 17, 2017.) |
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(g) FP 2016-193 |
DEPARTMENT
OF REVENUE ADMINISTRATION Railroad
and Private Rail Car Company Taxation (JLCAR Deadline January 17, 2017.) |
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5. 9:20 a.m. Committee
Conditional Approvals: |
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(a)
FP 2016-130 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and
Developmental Services Community Mental Health Services Assertive
Community Treatment (ACT) (JLCAR
Deadline January 3, 2017.) |
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(b)
FP 2016-163 |
LIQUOR COMMISSION Public Sampling of Beverage/Liquor/Wine
Pursuant to RSA 179:44 (JLCAR Deadline January 3, 2017.) |
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(c)
FP 2016-164 |
LIQUOR COMMISSION Rules Relating to Tobacco (JLCAR Deadline January 3, 2017.) |
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(d) FP 2016-200 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Therapeutic Cannabis Program - Alternative
Treatment Centers (JLCAR Deadline January 17, 2017.) |
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6. 9:22 a.m. Committee
Acceptance of Agency Responses to Objections: |
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(a) OR 2016-121 |
DEPARTMENT OF SAFETY Rental
Agent Rules (JLCAR
Deadline January 24, 2017.) |
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7. 9:24 a.m. Committee
Issuance of Preliminary or Revised Objections to Final Proposals: |
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(No Items) |
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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. |
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Conditionally Approved October 20, 2016: |
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FP 2016-44 |
BOARD OF PODIATRY Opioid Prescribing (Response not yet
received.) |
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FP 2016-131 |
BOARD OF NURSING Opioid Prescribing (Response not
yet received.) |
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FP 2016-121 |
DEPARTMENT OF SAFETY Rental Agent Rules (Converted to preliminary objection pursuant to RSA 541-A:13, V(a) after deadline of November 21, 2016 was
passed. Objection response filed
December 5, 2016 and on agenda for December 15, 2016.) |
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Conditionally Approved November 17, 2016: |
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FP 2016-57 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Cross-Program Rules N.H. Environmental
Laboratory Accreditation Program (Response not
yet received.) |
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FP 2016-97 |
GOVERNING BOARD OF PHYSICAL THERAPISTS Requirements for Initial Licensure (Response not yet received.) |
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FP 2016-98 |
GOVERNING BOARD OF PHYSICAL THERAPISTS Continued Status (Response not yet received.) |
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FP 2016-170 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Certification Payment Standards for Adoptive
Report Writing (Response received November 17, 2016 and confirmed November 21, 2016.) |
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FP 2016-142 |
BOARD OF VETERINARY MEDICINE Veterinary Medicine and Opioid Prescribing (Response not yet received.) |
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FP 2016-93 |
WATER WELL BOARD Water Well Board Rules (Response not
yet received.) |
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REGULAR AGENDA |
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8. 9:25 a.m. Consider
postponing action on certain items to another meeting. |
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9. 9:30
a.m. DEPARTMENT OF AGRICULTURE,
MARKETS, AND FOOD |
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FP 2016-149 |
Invasive Species (JLCAR Deadline January 3,
2017.) |
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10. 9:35 a.m. BOARD
OF BARBERING, COSMETOLOGY AND ESTHETICS |
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INT 2016-38 |
Registration or Licensing Requirements (JLCAR Deadline March 8, 2017.
Most of the rules expired June 9, 2014, December 12, 2015, and
November 5, 2016.) |
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11. 9:45 a.m. REAL
ESTATE COMMISSION |
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INT 2016-40 |
Licensing Requirements; Continued Status;
Conduct of Licensees (JLCAR Deadline March 8, 2017. Former
rules expired October 22, 2016.) |
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12. 9:50 a.m. DEPARTMENT
OF SAFETY |
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(a)
INT 2016-39 |
Interim Rules for Breath Alcohol Procedure
Using the Intoxilyzer 5000 Instrument (JLCAR Deadline March 8, 2017. Implements
2016, 244 (SB 379), effective January 1, 2017.) |
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(b) Response to JLCAR rulemaking petition of
October 20, 2016 to adopt criminal background check forms. |
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13. 10:15 a.m. INSURANCE
DEPARTMENT |
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OR 2016-172 Regular
Meeting |
Prescription
Prices for Pharmacists and Pharmacies (Response
not yet received. Agency Response
Deadline January 3, 2017. JLCAR
Deadline February 22, 2017.) |
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14. 10:20 a.m. BOARD
OF EDUCATION – TO BE POSTPONED |
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FP 2016-86 Postponed to 1/20/17 Regular
Meeting |
NH Rules
for the Education of Children with Disabilities (JLCAR Deadline February 17, 2017. Amended Final Proposal not yet received.) |
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15. 10:25
a.m. Discussion on requesting waiver for
JLCAR deadline of January 17, 2017 for the following Final Proposal filed on
December 2, 2016: |
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FP 2016-162 |
PUBLIC UTILITIES COMMISSION Underground Utility Damage
Prevention Program |
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16. 10:30 a.m. Orientation
session for new members. |
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OTHER BUSINESS 17. 10:45 a.m. |
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