JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

MARCH 20, 2009 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

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

Kathleen G. Sgambati (Alt.)

Alida I. Millham

Matthew S. Houde (Alt.)

Laurie J. Boyce (Alt.)

Betsi DeVries (Alt.)

Kathleen N. Taylor (Alt.)

Michael Downing (Alt.)

Kimberley S. Casey (Alt.)

Sharon M. Carson (Alt.)

Tara A. Sad (Alt.)

 

David H. Kidder (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    FP's 2008-248 & 2009-5 Rev

 

11.  11:30 am    FP 2008-256 Ph

Consent Agenda

12.  11:45 am    FP's 2009-8 & 9 He-C

2.    9:05 am    Final Proposals

13.  12:15 pm    FP 2008-219 Puc

3.    9:10 am    Objection Responses

14.    1:00 pm    LUNCH BREAK

4.    9:12 am    Preliminary Objections

15.    2:00 pm    ROR 2008-163 Vet

 

16.    2:15 pm    OR from 3-6-09 Meeting

Regular Agenda

 

5.    9:13 am    Postpone Items

Other Business

6.    9:15 am    FP's 2008-259, 260, & 261 Env-A

17.    2:30 pm    Other

7.  10:00 am    FP 2008-173 Ed

 

8.  10:15 am    FP 2008-176 Tra

 

9.  10:40 am    FP 2008-184 Pub

 

 

 

 

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 and Expedited Repeal:

 

 

(a)  FP 2008-243

Approval

BOARD OF CHIROPRACTIC EXAMINERS

Fee Schedule

(JLCAR Deadline March 26, 2009.)

 

 

(b)  FP 2008-244

Approval

BOARD OF CHIROPRACTIC EXAMINERS

Obligation to Advertise Truthfully and Clearly; Prohibited Advertising; Advertising the Cost of Services

(JLCAR Deadline March 26, 2009.)

 

 

(c)  FP 2008-255

Approval

HEALTH SERVICES PLANNING AND REVIEW BOARD

Acute Care Facilities

(JLCAR Deadline April 6, 2009.)

 

 

(d)  FP 2008-262

Approval

BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS

Definition, Shop Application and Sanitation, School and Shop Additional Requirements, Licensee Additional Requirements, and Renewal

(JLCAR Deadline April 17, 2009.)

 

 

(e)  FP 2009-11

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Emergency Assistance Program

(JLCAR Deadline April 20, 2009.)

 

 

(f)  FP 2009-12

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Criteria for Requesting an Extension to the 60-Month Lifetime Limit on Receipt of FANF Financial Assistance

(JLCAR Deadline April 20, 2009.)

 

 

(g)  EXP 2009-1

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Waste Management

Hazardous Waste Procedural Rules Applicability - REPEAL

(Expedited Repeal; No JLCAR Deadline.)

 

 

3.   Committee Acceptance of Agency Responses to Objections:

 

 

The following rule has been withdrawn in response to the Committee's preliminary objection of February 20, 2009.  No further Committee action is required:

 

 

OR 2008-250

CURRENT USE BOARD

Conduct of a Forum

 

 

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 November 6, 2008:

 

      FP 2008-131

POSTSECONDARY EDUCATION COMMISSION

Rules Governing the Evaluation of Institutions of Higher Learning

(Response received 3-12-09 and confirmed 3-12-09.)

 

 

Conditionally Approved February 20, 2009:

 

 

FP 2008-241

BOARD OF DENTAL EXAMINERS

Board Organization, Financial Interests, Pleadings, Complaints, Adjudicatory Proceedings, Authority of Presiding Officer, Licensure, Fees, Qualifications, Duties, and General Housekeeping

(Response received 3-3-09 and confirmed 3-3-09.)

 

 

FP 2008-246

RACING AND CHARITABLE GAMING COMMISSION

Bingo and Lucky 7 Rules

(Response received 3-4-09 and confirmed 3-5-09.)

 

 

FP 2008-247

RACING AND CHARITABLE GAMING COMMISSION

Games of Chance

(Response received 3-4-09 and confirmed 3-5-09.)

 

 

FP 2008-236

INSURANCE DEPARTMENT

Life Insurance Illustrations

(Response received 2-26-09 and confirmed 2-27-09.)

 

 

FP 2008-222

HEALTH SERVICES PLANNING AND REVIEW BOARD

Positron Emission Tomography Scanners

(Response not received yet.)

 

 

FP 2008-203

FISH AND GAME DEPARTMENT

Marine Rules - Commercial Haddock Length Limit; Commercial Lobster Helpers

(Response received 3-3-09 and confirmed 3-4-09.)

 

 

Conditionally Approved March 6, 2009:

 

 

FP 2008-141

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Continued Status

(Response not received yet.)

 

 

FP 2008-170

GOVERNING BOARD OF PHYSICAL THERAPISTS

Continued Status

(Response not received yet.)

 

 

NOTE:

 

The following Final Proposal has been withdrawn by the agency and has been taken off the March 20, 2009 agenda.  No further Committee action is required.

 

 

FP 2009-10

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Disbursement of Child Support Payments

 

 

REGULAR AGENDA

 

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

 

 

6.   DEPARTMENT OF ENVIRONMENTAL SERVICES

 

(a)  FP 2008-259

Conditional Approval with Recommendation

Air Related Programs

Carbon Dioxide (CO2) Budget Trading Program

(JLCAR Deadline April 20, 2009.  Existing interim rule will expire March 30, 2009.)

 

 

(b)  FP 2008-260

Objection

Air Related Programs

Carbon Dioxide (CO2) Offset Projects

(JLCAR Deadline April 20, 2009.)

 

 

(c)  FP 2008-261

Conditional Approval

Air Related Programs

Carbon Dioxide (CO2) Allowance Auction Program

(JLCAR Deadline April 20, 2009.  Existing interim rule will expire March 30, 2009.)

 

 

7.   FP 2008-173

Conditional Approval

BOARD OF EDUCATION

Career and Technical Education

(JLCAR Deadline April 6, 2009.)

 

 

8.   FP 2008-176

Conditional Approval

DEPARTMENT OF TRANSPORTATION

Prequalification of Contractors

(JLCAR Deadline April 9, 2009.)

 

 

9.   FP 2008-184

Conditional Approval

PUBLIC EMPLOYEE LABOR RELATIONS BOARD

Organizational Rules; Practice & Procedures; Public Employee Labor Relations (Certifications, Unfair Labor Practices, Impasse Resolution)

(JLCAR Deadline April 6, 2009.)

 

 

10. DEPARTMENT OF REVENUE ADMINISTRATION

 

 

(a)  FP 2008-248

Approval

Land and Community Heritage Investment Program Recording Surcharge

(JLCAR Deadline April 20, 2009.)

 

 

(b)  FP 2009-5

Conditional Approval

Electricity Consumption Tax

(JLCAR Deadline April 20, 2009.)

 

 

11. FP 2008-256

Conditional Approval

PHARMACY BOARD

Central Prescription Processing

(JLCAR Deadline April 20, 2009.)

 

 

12. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

(a)  FP 2009-8

Approval

Commissioner

Child Care Assistance Wait List

(JLCAR Deadline April 20, 2009.)

 

 

(b)  FP 2009-9

Approval

 

Commissioner

Data Submission and Release of Health Care Facility Discharge Data

(JLCAR Deadline April 20, 2009.)

 

 

13. FP 2008-219

Postponed to 4/17/09 Regular Meeting

PUBLIC UTILITIES COMMISSION

Rules for Telecommunications

(JLCAR Deadline April 20, 2009.)

 

 

14. LUNCH BREAK

 

 

15. ROR 2008-163

Approval

BOARD OF VETERINARY MEDICINE

Administrative Rules Vet 200-700

(JLCAR Deadline June 9, 2009.)

 

 

16. Response to Preliminary Objection Made in March 6, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

OR 2008-221

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for the Job Training Program

(JLCAR Deadline June 9, 2009.)

 

 

OTHER BUSINESS

 

17. Other