JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

DECEMBER 27, 2007 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

Martha Fuller Clark

Maurice L. Pilotte

Jacalyn L. Cilley

Peter B. Schmidt

Betsi DeVries

Bonnie G. Mitchell

Robert J. Letourneau

Betsey L. Patten

Michael Downing

James R. MacKay

Iris W. Estabrook (Alt.)

John DeJoie (Alt.)

Kathleen G. Sgambati (Alt.)

James F. Powers (Alt.)

Peter Hoe Burling (Alt.)

Kimberley S. Casey (Alt.)

Joseph D. Kenney (Alt.)

Sharon M. Carson (Alt.)

Peter E. Bragdon (Alt.)

Alida I. Millham (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 and Review Minutes

10.  11:00 am    INT 2007-32 Par

 

11.  11:15 am    FP 2007-145 Adm

Consent Agenda

12.  11:30 am    FP 2007-96 Ed

2.    9:05 am    Final Proposals

13.  11:45 am    FP's 2007-140 & 152 Ins

3.    9:10 am    Objection Responses

14.  12:15 pm    FP 2007-156 Lab

4.    9:12 am    Preliminary Objections

15.  12:30 pm    FP 2007-164 Rev

 

16.    1:00 pm    LUNCH BREAK

Regular Agenda

17.    2:00 pm    FP's 2007-171, 172 & 173 Mid

5.    9:13 am    Postpone Items

 

6.    9:15 am    Discussion on scheduling in 2008

Other Business

7.    9:20 am    OR 2007-151 & INT 2007-33 He-P,

18.    2:30 pm    Other

                      FP's 2007-158 thru 161 He-M, &

 

                      FP 2007-175 He-A

 

8.  10:30 am    INT 2007-30 Puc

 

9.  10:45 am    INT 2007-31 & FP 2007-117  Pub

 

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule


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 2007-121
Approval

 

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Requirements for Licensure

(JLCAR Deadline December 31, 2007.)

 

 

(b)  FP 2007-122

Approval

 

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Continued Status

(JLCAR Deadline December 31, 2007.)

 

 

(c)  FP 2007-144

Approval

 

DEPARTMENT OF ADMINISTRATIVE SERVICES

Bureau of Risk Management Loss Prevention

(JLCAR Deadline waived.)

 

 

(d)  FP 2007-146

Approval

 

BOARD OF DENTAL EXAMINERS

Board Fees

(JLCAR Deadline January 4, 2008.)

 

 

(e)  FP 2007-147

Approval

POLICE STANDARDS AND TRAINING COUNCIL

Organizational Rule Revision

(JLCAR Deadline January 14, 2008.)

 

 

(f)  FP 2007-148

Approval

 

POLICE STANDARDS AND TRAINING COUNCIL

Form A Filing Deadline

(JLCAR Deadline January 14, 2008.)

 

 

(g)  FP 2007-153

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Authorized Representatives and the Client's Responsibility to Supply Accurate Information and Report Changes

(JLCAR Deadline  December 31, 2007.)

 

 

(h)  FP 2007-154

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Portable Fuel Container Spillage Control

(JLCAR Deadline January 14, 2008.)

 

 

(i)  FP 2007-155

Approval

 

FISH AND GAME DEPARTMENT

2008 Wild Turkey Rules

(JLCAR Deadline January 14, 2008.)

 

 

(j)  FP 2007-163

Approval

 

FISH AND GAME DEPARTMENT

Various Marine Rules - Area Closure, Reducing Take of Oyster, and Reducing the Commercial Size Limit on Haddock

(JLCAR Deadline January 14, 2008.)

 

 

(k)  FP 2007-177

Approval

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Administrative Review of Complaint Investigation Findings

(JLCAR Deadline January 21, 2008.)

 

 

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 date indicated.  Also noted are the dates of receipt of agency responses and subsequent confirmation by the Office of Legislative Services that the proposals had been amended as conditionally approved.  No further Committee action is required.

 

Conditionally Approved November 15, 2007:

 

      FP 2007-129

 

HEALTH SERVICES PLANNING AND REVIEW BOARD

Organizational Rules

(Response received 12-17-07 and confirmed 12-17-07.)

 

 

      FP 2007-130

 

HEALTH SERVICES PLANNING AND REVIEW BOARD

Practice and Procedures; Application Procedures for a Certificate of Need

(Response received 12-17-07 and confirmed 12-17-07.)

 

 

      FP 2007-143

 

N.H. MOTOR VEHICLE INDUSTRY BOARD

Hearing and Procedural Rules

(Response received 11-29-07 and confirmed 11-29-07.)

 

 

      FP 2007-51

 

BOARD OF EDUCATION

Charter and Open Enrollment Schools

(Response received 12-12-07 and confirmed 12-13-07.)

 

 

      FP 2007-110

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Cancer Registry Rules

(Response received 11-30-07 and confirmed 12-3-07.)

 

 

REGULAR AGENDA

 

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

 

6.   Discussion on scheduling Committee meetings in 2008.

 

7.   DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  OR 2007-151

Final Objection & Joint Resolution

 

Former Division of Public Health Services

Indoor Smoking Rules

(JLCAR Deadline February 19, 2008.  Former regular rules expired December 21, 2007.)

 

 

(b)  INT 2007-33

Approval

 

Former Division of Public Health Services

Lead Poisoning Prevention and Control Rules.

(JLCAR Deadline March 6, 2008.  Interim rule proposed pursuant to Chapter 293:1-9 (SB 176-FN) of the Laws of 2007, effective January 1, 2008.)

 

 

(c)  FP 2007-158

Approval

 

Former Division of Mental Health and Developmental Services

Designation of Receiving Facilities for Developmental Services

(JLCAR Deadline January 18, 2008. Former regular rules expired August 31, 2007.)

 

 

(d)  FP 2007-159

Approval

 

Former Division of Mental Health and Developmental Services

Admission to and Discharge from a Developmental Services Designated Receiving Facility

(JLCAR Deadline January 18, 2008.  Former regular rules expired July 24, 2007.)

 

 

(e)  FP 2007-160

Approval

 

Former Division of Mental Health and Developmental Services

Conditional Discharge from a Designated Receiving Facility for Developmental Services

(JLCAR Deadline January 18, 2008.  Former regular rules expired July 24, 2007.)

 

 

(f)  FP 2007-161

Approval

 

Former Division of Mental Health and Developmental Services

Transfers Between Designated Receiving Facilities in the Developmental Services System

(JLCAR Deadline January 18, 2008.  Former regular rules expired August 31, 2007.)

 

 

(g)  FP 2007-175

Objection

 

Former Office of Alcohol and Drug Abuse Prevention

Phase II Programs

(JLCAR Deadline January 21, 2008.)

 

 

8.   INT 2007-30

Approval with Recommendation

 

PUBLIC UTILITIES COMMISSION

Utility Pole Attachments

(JLCAR Deadline March 6 , 2008.  Interim rule proposed pursuant to Chapter 340 (SB 123) of the Laws of 2007, effective July 16, 2007.)

 

 

9.   PUBLIC EMPLOYEE LABOR RELATIONS BOARD

 

 

(a)  INT 2007-31

Approval with Recommendation

Written Majority Authorization

(JLCAR Deadline March 6 , 2008.  Interim rule proposed pursuant to Chapter 368 (SB 216) of the Laws of 2007, effective September 15, 2007.)

 

 

(b)  FP 2007-117

Approval

Practice and Procedures; Public Employee Labor Relations

(JLCAR Deadline January 18, 2008.)

 

 

10. INT 2007-32

Approval with Recommendation

ADULT PAROLE BOARD

Rules of the Adult Parole Board

(JLCAR Deadline March 6, 2008.  Former regular rules expired December 7, 2007.)

 

 

11. FP 2007-145

Postponed to 1/4/08 Continued Meeting

DEPARTMENT OF ADMINISTRATIVE SERVICES

Loss Prevention, Guidelines for Risk Management

(JLCAR Deadline waived.)

 

 

12. FP 2007-96

Postponed to 1/4/08 Continued Meeting

BOARD OF EDUCATION

Speech-Language Specialist

(JLCAR Deadline January 4, 2008.)

 

 

13. INSURANCE DEPARTMENT

 

 

(a)  FP 2007-140

Approval

Practices and Procedures

(JLCAR Deadline January 18, 2008.)

 

 

(b)  FP 2007-152

Approval

Reporting of Statistical Data by Property and Casualty Insurance Companies

(JLCAR Deadline December 31, 2007.)

 

 

14. FP 2007-156

Postponed to 1/4/08 Continued Meeting

DEPARTMENT OF LABOR

Boilers and Pressure Vessels

(JLCAR Deadline January 17, 2008.)

 

15. FP 2007-164

Postponed to 1/4/08 Continued Meeting

DEPARTMENT OF REVENUE ADMINISTRATION

Business Enterprise Tax

(JLCAR Deadline January 21, 2008.)

 

 

16. LUNCH BREAK

 

 

17. MIDWIFERY COUNCIL

     (Items were added to the agenda pursuant to RSA 541-A:12, I due to the postponement from December 20 to December 27 of the Committee Meeting.)

 

 

(a)  FP 2007-171

Approval

Certification Based on Reciprocity

(JLCAR Deadline January 25, 2008.)

 

 

(b)  FP 2007-172

Approval

Reinstatement of Certification

(JLCAR Deadline January 25, 2008.)

 

 

(c)  FP 2007-173

Approval

Revocation, Suspension and Other Sanctions

(JLCAR Deadline January 25, 2008.)

 

 

OTHER BUSINESS

 

18. Other