JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

December 17, 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. James Gray	Rep. Alan Bershtein
Sen. John Reagan	Rep. Willam A. Hatch
Sen. Ruth Ward	Rep. Timothy P. Lang
Sen. David Watters	Rep. Carol M. McGuire
Sen. Rebecca Whitley	Rep. Peter M. Schmidt
Sen. (Alt.)	Rep. Terry Roy (Alt.)
Sen. (Alt.)	Rep. Dianne E. Schuett (Alt.)
Sen. (Alt.)	Rep. (Alt.)
Sen. (Alt.)	Rep. (Alt.)
Sen. Alt.)	Rep. (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, and Roll Call

2.   9:05 a.m.    Elect Chairperson and Vice-Chairperson, and Seating of Alternates

3.   9:10 a.m.    Review Minutes and Proposed Meeting Schedule for 2021

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
4.   9:15 a.m.    Committee Approval of Final Proposals:
(a) FP 2020-87 Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Oil and Remediation Programs Change to Ambient Groundwater Quality Standard for Manganese (JLCAR Deadline January 19, 2021.)
5.   9:18 a.m.    Committee Conditional Approvals:
(a)  FP 2020-72 Conditional Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner NH Residential Child Care Licensing Rules (JLCAR Deadline December 22, 2020.) (Formerly Item #9(c) on November 19, 2020 Agenda.)
(b)  FP 2020-81 Conditional Approval	BOARD OF EDUCATION Home Education (JLCAR Deadline January 12, 2021.)
(c)  FP 2020-84 Conditional Approval	DEPARTMENT OF LABOR Safety Programs and Joint Loss Management Committees (JLCAR Deadline January 4, 2021.)
(d)  INT 2020-6 Conditional Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Office of Alcohol & Drug Abuse Prevention Voluntary Registry of Recovery Houses (JLCAR Deadline February 23, 2021.)
6.   9:20 a.m.    Committee Acceptance of Agency Responses to Objections:
(No items)
7.   9:22 a.m.    Committee Issuance of Preliminary or Revised Objections to Final Proposals:
(No items)
NOTE: The following proposal was conditionally approved by the Committee on the date indicated.  Also noted is whether there is an agency response and subsequent confirmation by the Office of Legislative Services that the proposal has been amended as conditionally approved.  No further Committee action is required in that case
Conditionally Approved November 19, 2020:
FP 2020-56	DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Limitations on Child Restraints and Seclusion Practices (Response received November 19, 2020 and confirmed November 19, 2020.)
REGULAR AGENDA
8.   9:25 a.m.    Consider postponing action on certain items to another meeting.
9.   9:30 a.m.    DEPARTMENT OF SAFETY
(a) FP 2020-90 Preliminary Objection	Commissioner Firefighter Medical Examination Reimbursement (JLCAR Deadline January 25, 2021.)
(b)  OR 2019-202 Postponed to 1/15/21 Regular Meeting	Commissioner Road Toll Administration Rules (JLCAR Deadline February 23, 2021.  Some rules were interim rules that expired June 29, 2020.) (Response not yet received.  Response due by January 4, 2021.)
10. 9:35 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES
OR 2020-54 Revised Objection	Drinking Water Programs Drinking Water State Revolving Loan Fund Program (JLCAR Deadline January 21, 2021.) (Formerly Item #8 on November 19, 2020 Agenda.)
11. 9:45 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES
(a)  FP 2019-209 Postponed to 1/15/21 Regular Meeting JLCAR Waiver Requested	Former Division of Public Health Services Rules for Hospitals (JLCAR Deadline December 22, 2020.  Former interim rules expired April 22, 2018.) (Formerly Item #9(a) on November 19, 2020 Agenda.)
(b)  INT 2020-5 Preliminary Objection	Former Division of Human Services Expungement of SNAP Benefits (JLCAR Deadline February 23, 2021.)
(c)  Discussion on editorial change request for He-E 501.05(a)(4), effective 12-7-19 (Document #12936), on the monthly income eligibility limit subject to the annual cost of living adjustment (COLA) for services under the Social Services Block Grant.
12.  10:00 a.m. DEPARTMENT OF CORRECTIONS
OR 2020-62 Accepted/Approved w/Recommendation	Visitation, Request Slips, Grievances, Resident Mail, E-Mail, & Package Service (JLCAR Deadline January 21, 2021.) (Formerly Item #10 on November 19, 2020 Agenda.)
13.  10:10 a.m. BOARD OF MENTAL HEALTH PRACTICE
(a)  FP 2020-75 Conditional Approval	Organizational Rules (JLCAR Deadline December 22, 2020.) (Formerly Item #11(a) on November 19, 2020 Agenda.)
(b)  FP 2020-78 Conditional Approval	Ethical and Professional Standards, Responsibilities of Licensees (JLCAR Deadline December 28, 2020.) (Formerly Item #11(b) on November 19, 2020 Agenda.)
14.  10:25 a.m. BOARD OF EDUCATION
FP 2020-83 Conditional Approval	Demonstrated Knowledge and Skills in High School (JLCAR Deadline January 22, 2021.)
15.  10:35 a.m. INSURANCE DEPARTMENT
FP 2020-85 Conditional Approval	Antifraud Plans Standards (JLCAR Deadline January 5, 2021.)
16. 10:50 a.m.  Discussion on the following emergency rules:
(a)  ER Doc. #13141 No Further Action	BOARD OF NURSING Instructor Qualifications (Effective December 4, 2020.  Scheduled to expire June 2, 2021.)
(b)  ER Doc. #13145 No Further Action	OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION Method for Applying for a Student Nurse Emergency License (Effective December 11, 2020.  Scheduled to expire June 9, 2021.)
OTHER BUSINESS
17. 11:10 a.m.