JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

FEBRUARY 21, 2014 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Peter B. Schmidt, Vice-Chair

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Bette Lasky

Rep. James R. MacKay

Sen. Jim Rausch

Rep. Carol M. McGuire

Sen. David Watters

Rep. Tara A. Sad

Sen. Peter Bragdon (Alt.)

Rep. Richard W. Barry (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Andy Sanborn (Alt.)

Rep. David H. Kidder (Alt.)

Sen. Nancy Stiles (Alt.)

Rep. Mary S. Nelson (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 and Review Minutes

 

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


 

CONSENT AGENDA

 

2.   9:05 a.m.    Committee Approval of Final Proposals:

 

 

(a)  FP 2013-142
Approva

BOARD OF LICENSING FOR FORESTERS

Rules Regarding Explanation after Adoption

(JLCAR Deadline March 7, 2014.)

 

 

(b)  FP 2013-143
Approval

BOARD OF LICENSING FOR FORESTERS

Applications, Fees, Qualifications of Applicants, Examinations, License Renewal, Disciplinary Matters, Continuing Education, Ethical and Professional Conduct, Administrative Fines, and License Surrender

(JLCAR Deadline March 7, 2014.)

 

 

(c)  FP 2013-163*
Approval

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

Continued Status - Ongoing Requirements

(JLCAR Deadline March 24, 2014.)

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

 

 

(d)  FP 2013-208
Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Criteria Relative to Earnings of Non-resident Alien F, J, M, and Q Visa Holders

(JLCAR Deadline March 24, 2014.)

 

 

(e)  FP 2013-211
Approval

FISH AND GAME DEPARTMENT

Intra-Scholastic Fishing Tournaments and Other Miscellaneous Rules

(JLCAR Deadline March 7, 2014.)

 

 

(f)  FP 2013-212
Approval

CURRENT USE BOARD

Assessment Ranges for Forest Land Categories, With and Without Stewardship

(JLCAR Deadline March 3, 2014.)

 

 

(g)  FP 2013-213
Approval

CURRENT USE BOARD

Assessment Ranges for Unproductive Land and Wetland Categories

(JLCAR Deadline March 3, 2014.)

 

 

(h)  FP 2013-223
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Tobacco Tax

(JLCAR Deadline March 17, 2014.)

 

 

(i)  FP 2013-224
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Staff Qualifications and Staff Development Requirements for Developmental Service Agencies

(JLCAR Deadline March 24, 2014.)

 

 

(j)  FP 2013-226
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Bicycle Protective Headgear Regulations

(JLCAR Deadline March 24, 2014.)

 

 

3.   9:10 a.m.    Committee Conditional Approvals:

 

 

(No Items)

 

 

 

4.   9:15 a.m.    Committee Acceptance of Agency Responses to Objections:

 

(No Items)

 

 

5.   9:16 a.m.    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 17, 2014

 

 

FP 2013-140

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Application Form, Required Documents, Full Licensure of Conditional Licensees, and Eligibility Requirement for Supervisors

(Response received 1-29-14 and confirmed 1-29-14.)

 

 

FP 2013-141

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

License Renewal, Reinstatement, Supervisors

(Response received 1-29-14 and confirmed 1-29-14.)

 

 

FP 2013-186

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Designation of Receiving Facilities

(Response received 1-23-14 and confirmed 1-24-14.)

 

 

FP 2013-188

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Radiological Services

(Response received 1-23-14 and confirmed 1-24-14.)

 

 

FP 2013-94

BOARD OF EDUCATION

Minimum Standards for Public School Approval

(Response received 2-13-14; confirmation not sent.)

 

 

FP 2013-124

PUBLIC UTILITIES COMMISSION

Tariffs and Special Contracts

(Response received 2-11-14 and confirmed 2-12-14.)

 

 

FP 2013-104

DEPARTMENT OF SAFETY

Commercial Driver Licensing Rules

(Response received 1-27-14 and confirmed 1-27-14.)

 

 

Conditionally Approved February 7, 2014

 

 

FP 2013-166

HIGHER EDUCATION COMMISSION

Private Postsecondary Career Schools

(Response received 2-10-14 and confirmed 2-10-14.)

 

 

FP 2013-130

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for Parks and Recreation

(Response not yet received.)

 

 

FP 2013-131

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for the Reserved and Privileged Use of DRED Lands, Facilities and Resources

(Response not yet received.)

 

 

FP 2013-132

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for Administrative Fines Pertaining to Violations of Recreational Use Rules

(Response not yet received.)

 

 

REGULAR AGENDA

 

6.   9:18 a.m.    Consider postponing action on certain items to another meeting.

 

7.   9:20 a.m.    CURRENT USE BOARD

 

 

FP 2013-214
Conditional Approval

Form CU-12, Summary of Forest Stewardship Plan

(JLCAR Deadline March 3, 2014.)

 

 

8.   9:21 a.m.    GOVERNING BOARD OF RECREATIONAL THERAPISTS

 

(a)  FP 2013-158
Approval

Initial Application Form, Required Documents, and Initial Eligibility Requirements

(JLCAR Deadline March 10, 2014.)

 

 

(b)  FP 2013-159
Approval

Renewal Procedures, Renewal Application Form, Continuing Competency, Continuing Competency Audit Procedures, Lapsed License Reinstatement, Supporting Materials, Administrative Obligations

(JLCAR Deadline March 10, 2014.)

 

 

9.   9:25 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

FP 2013-185
Approval

Former Division of Elderly and Adult Services

Older Americans Act Services (Title III)

(JLCAR Deadline March 3, 2014.)

 

 

10. 9:30 a.m.    DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

 

 

FP 2013-155
Conditional Approval with Recommendation

Rules for the Division of Forests and Lands

(JLCAR Deadline March 10, 2014.)

 

 

11. 9:35 a.m.    OIL FUND DISBURSEMENT BOARD

 

 

FP 2013-157
Approval

Waiver of Import Fee Penalties and Interest

(JLCAR Deadline March 17, 2014.)

 

 

12. 9:40 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2013-144
Approval

Air Related Programs

VOC Limits for Consumer Products

(JLCAR Deadline March 24, 2014.)

 

 

(b)  Discussion on the following emergency rule effective 2-11-14 (Doc. #10521):

 

 

No Further Action

Solid Waste Programs

Applicability of Wood Ash Requirements and Exemptions Therefrom

 

 

13. 9:50 a.m.    BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS

 

 

FP 2013-227

Preliminary Objection

Shop License, School License, School and Shop Additional Requirements

(JLCAR Deadline March 24, 2014.)

 

 

14. 10:00 a.m.  BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

 

 

FP 2013-162

Conditional Approval

Registration and Licensure

(JLCAR Deadline March 24, 2014.)

 

 

15. 10:15 a.m.  PUBLIC UTILITIES COMMISSION

 

 

OR 2013-51

Postponed to 3/7/14 Continued Meeting

Rules for Telephone Utilities

(JLCAR Deadline April 22, 2014.)

(Response not yet received.)

 

 

16. 10:20 a.m.  DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

OR 2013-150
Postponed to 3/7/14 Continued Meeting

Animal Population Control Program

(JLCAR Deadline April 22, 2014.)

(Response not yet received.)

 

 

17. 10:25 a.m.  DEPARTMENT OF SAFETY

 

 

OR 2013-105
Postponed to 3/7/14 Continued Meeting

Motorcycle Rider Education Program Rules

(JLCAR Deadline May 13, 2014.)

(Response not yet received.)

 

 

OTHER BUSINESS

18. 10:30 a.m.  Other

Discussion on agency response by Board of Education conditional approval for FP 2013-94.

Determination that additional changes by Board are editorial.