JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

FEBRUARY 19, 2010 - 9:00 a.m.

ROOMS 210/211 LEGISLATIVE OFFICE BUILDING*

 

*Room 206 is available as a work room for agencies.

 

Senate Members of JLCAR

House Members of JLCAR

Jacalyn L. Cilley

Maurice L. Pilotte

Martha Fuller Clark

Peter B. Schmidt

Amanda Merrill

Betsey L. Patten

Robert J. Letourneau

Suzanne H. Gottling

Sharon M. Carson

Alida I. Millham

Kathleen G. Sgambati (Alt.)

Laurie J. Boyce (Alt.)

Matthew S. Houde (Alt.)

Kathleen N. Taylor (Alt.)

Betsi DeVries (Alt.)

Kimberley S. Casey (Alt.)

Michael Downing (Alt.)

Tara A. Sad (Alt.)

Peter E. Bragdon (Alt.)

David H. Kidder (Alt.)

 

in its quest to improve the committee process, the committee requests for the next few months that agency personnel please sign in and out of the meeting rooms.  the purpose is to get data available for the lean process improvement project.

 

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

  8.    2:00 pm    FP 2009-150 Alc

 

  9.    2:15 pm    FP's 2009-107, 108, & 109 Env-Wt

Consent Agenda

10.    4:15 pm    FP's 2009-130 He-M & 2009-206 He-P

2.    9:05 am    Final Proposals

11.    5:00 pm    FP 2009-176 Liq

3.    9:10 am    Objection Responses

12.    5:30 pm    FP 2009-76 Ins

4.    9:12 am    Preliminary Objections

13.    6:00 pm    FP 2009-217 Cub

 

14.    6:30 pm    INT 2010-1 Ban

Regular Agenda

15.    6:45 pm    OR's from 11-19-09 Meeting

5.    9:13 am    Postpone Items

 

6.    9:15 am    FP 2009-203 Rev

Other Business

7.    1:00 pm    LUNCH BREAK

16.    7:00 pm    Other

 

 

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 2009-133

Approval

BOARD OF FAMILY MEDIATOR CERTIFICATION

Organization and Public Information

(JLCAR Deadline February 22, 2010.)

 

 

(b)  FP 2009-134

Approval

BOARD OF FAMILY MEDIATOR CERTIFICATION

Procedural Rules

(JLCAR Deadline February 22, 2010.)

 

 

(c)  FP 2009-135

Approval

BOARD OF FAMILY MEDIATOR CERTIFICATION

Complaints of Misconduct and Investigations

(JLCAR Deadline February 22, 2010.)

 

 

(d)  FP 2009-136

Approval

BOARD OF FAMILY MEDIATOR CERTIFICATION

Settlements; Explanation of Adopted Rules

(JLCAR Deadline February 22, 2010.)

 

 

(e)  FP 2009-137

Approval

BOARD OF FAMILY MEDIATOR CERTIFICATION

Fees

(JLCAR Deadline February 22, 2010.)

 

 

(f)  FP 2009-138

Approval

BOARD OF FAMILY MEDIATOR CERTIFICATION

Continued Status

(JLCAR Deadline March 22, 2010.)

 

 

(g)  FP 2009-139

Approval

BOARD OF FAMILY MEDIATOR CERTIFICATION

Ethical Standards

(JLCAR Deadline February 22, 2010.)

 

 

(h)  FP 2009-142

Approval

BOARD OF FAMILY MEDIATOR CERTIFICATION

Certification Requirements

(JLCAR Deadline March 22, 2010.)

 

 

(i)  FP 2009-143

Approval

BOARD OF FAMILY MEDIATOR CERTIFICATION

Initial Certification of Family Mediator Training Programs

(JLCAR Deadline March 22, 2010.)

 

 

(j)  FP 2009-144

Approval

BOARD OF FAMILY MEDIATOR CERTIFICATION

Continued Status of Certified Family Mediator Training Programs

(JLCAR Deadline March 22, 2010.)

 

 

(k)  FP 2009-151

Approval

BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS

Peer Collaboration

(JLCAR Deadline March 11, 2010.)

 

 

(l)  FP 2009-169

Approval

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Ethical Standards

(JLCAR Deadline March 8, 2010.)

 

 

(m)  FP 2009-199

Approval

POLICE STANDARDS AND TRAINING COUNCIL

Lapse in Service

(JLCAR Deadline March 8, 2010.)

 

 

(n)  FP 2009-200

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Certified Operators; Responsibilities of Owners of Privately Owned Redistribution Systems

(JLCAR Deadline February 19, 2010.)

 

 

(o)  FP 2009-201

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Privately Owned Water Redistribution Systems

(JLCAR Deadline February 19, 2010.)

 

 

(p)  FP 2009-202

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Tidal Rivers Amendments

(JLCAR Deadline March 15, 2010.)

 

 

(q)  FP 2009-204

Approval

MIDWIFERY COUNCIL
Certification Requirements

(JLCAR Deadline March 22, 2010.)

See (*) below.

 

 

(r)  FP 2009-205

Approval

MIDWIFERY COUNCIL

Certification Based on Reciprocity

(JLCAR Deadline March 22, 2010.)

 

 

(s)  FP 2009-207

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medical Coverage for Low Income Children under Healthy-Kids Gold & Retroactive
Medical Assistance

(JLCAR Deadline March 22, 2010.)

 

 

(t)  FP 2009-208

Approval

FISH AND GAME DEPARTMENT

Fish and Game Boat Access Rules

(JLCAR Deadline March 22, 2010.)

 

 

*  The only issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.

 

 

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 January 8, 2010:

 

FP 2009-156

PEASE DEVELOPMENT AUTHORITY

Moorings and Anchorages

(Response received 1-21-10 and confirmed 1-21-10.)

 

 

Conditionally Approved January 15, 2010:

 

 

FP 2009-97

INSURANCE DEPARTMENT

Practices and Procedures

(Response received 1-25-10 and confirmed 1-26-10.)

 

 

FP 2009-110

INSURANCE DEPARTMENT

Life Insurance Solicitations

(Response received 1-25-10 and confirmed 1-27-10.)

 

 

Conditionally Approved February 5, 2010:

 

 

FP 2009-163

FISH AND GAME DEPARTMENT

Fish and Game Rules Relative to Off Highway Recreation Vehicles and Snowmobiles

(No response yet.)

 

 

REGULAR AGENDA

 

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

 

 

6.   FP 2009-203

Conditional Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Interest and Dividends Tax

(JLCAR Deadline March 8, 2010.)

 

 

7.   LUNCH BREAK

 

 

8.   FP 2009-150

Approval with Recommendation

 

BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS
Initial Certifications and Licenses

(JLCAR Deadline March 12, 2010.)

 

 

9.   DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2009-107

Postponed to 3/5/10 Continued Meeting

Wetlands Programs

Stream Crossings - Definitions

(JLCAR Deadline March 8, 2010.)

 

 

(b)  FP 2009-108

Postponed to 3/5/10 Continued Meeting

Wetlands Programs

Amendments Relative to Stream Crossings

(JLCAR Deadline March 8, 2010.)

 

 

(c)  FP 2009-109

Postponed to 3/5/10 Continued Meeting

Wetlands Programs

Stream Crossings

(JLCAR Deadline March 8, 2010.)

 

 

10. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2009-130

Postponed to 3/5/10 Continued Meeting

Former Division of Mental Health and Developmental Services

Eligibility Determination and Service Planning for Individuals With An Acquired
Brain Disorder

(JLCAR Deadline March 5, 2010.)

 

 

(b)  FP 2009-206

Postponed to 3/5/10 Continued Meeting

Former Division of Public Health Services

Reflexology, Structural Integrators, and Asian Bodywork Therapists

(JLCAR Deadline March 22, 2010.)

 

 

11. FP 2009-176

Postponed to 3/5/10 Continued Meeting

LIQUOR COMMISSION
Agency Store Rules

(JLCAR Deadline March 11, 2010.)

 

 

12. FP 2009-76

Postponed to 3/5/10 Continued Meeting

INSURANCE DEPARTMENT
Requirements for Accident and Health Insurance Rate Submissions

(JLCAR Deadline March 19, 2010.)

 

 

13. FP 2009-217

Postponed to 3/5/10 Continued Meeting

CURRENT USE BOARD
Criteria for Current Use

(JLCAR Deadline March 22, 2010.)

 

 

14. INT 2010-1

Postponed to 3/5/10 Continued Meeting

BANKING DEPARTMENT
Public Deposit Investment Pool

(JLCAR Deadline May 6, 2010.  Former rules expired April 2, 1998.)

 

 

15. Responses to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2008-165

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

(b)  OR 2008-166

BOARD OF MENTAL HEALTH PRACTICE

Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

OTHER BUSINESS

 

16. Other