JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

MAY 15, 2015 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

Senate Members of JLCAR	House Members of JLCAR
Sen. John Reagan, Vice Chair	Rep. Carol M. McGuire, Chair
Sen. Kevin Avard	Rep. David H. Kidder
Sen. Sam Cataldo	Rep. Rick M. Ladd
Sen. Dan Feltes	Rep. Tara A. Sad
Sen. David Watters	Rep. Peter B. Schmidt
Sen. Regina Birdsell (Alt.)	Rep. Suzanne H. Gottling (Alt.)
Sen. Martha Fuller Clark (Alt.)	Rep. William A. Hatch (Alt.)
Sen. Lou D'Allesandro (Alt.)	Rep. John Sytek (Alt.)
Sen. Gary Daniels (Alt.)	(Alt.)
Sen. Nancy Stiles (Alt.)	(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 2014-187 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Early and Periodic Screening, Diagnostic, and Treatment Services (JLCAR Deadline June 15, 2015.)
(b) FP 2015-13 Approval	HEALTH SERVICES PLANNING AND REVIEW BOARD Transfer of Ownership (JLCAR Deadline June 5, 2015.) *(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.)
(c) FP 2015-19 Approval	GOVERNING BOARD OF PHYSICAL THERAPISTS Requirements for Reinstatement of Licensure and Supervised Practice (JLCAR Deadline June 1, 2015.)
(d) FP 2015-20 Approval	GOVERNING BOARD OF ATHLETIC TRAINERS Definition of National Athletic Trainer Association Board of Certification, Inc. (JLCAR Deadline June 8, 2015.)
(e) FP 2015-37 Approval	BOARD OF REVENUE ADMINISTRATION Credits or Refunds for Returned, Outdated, Damaged, or Unsalable OTP, RYO, or Cigarettes (JLCAR Deadline June 15, 2015.)
3. 9:10 a.m. Committee Conditional Approvals:
(No Items)
4. 9:15 a.m. Committee Acceptance of Agency Responses to Objections:
OR 2014-136 Approval	BOARD OF EDUCATION Chartered Public School and Open Enrollment Schools (JLCAR Deadline June 23, 2015.)
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 March 20, 2015
FP 2014-150	PHARMACY BOARD Pharmacist Renewal Fees and Fee for Immunization Administration (Response received 4-17-15 and confirmed 4-21-15.)
FP 2014-164	PESTICIDE CONTROL BOARD Aquatic Application of Pesticides (Response received 4-27-15 and confirmed 4-27-15.)
Conditionally Approved April 17, 2015
FP 2014-118	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Rights of Persons Receiving Developmental Services or Acquired Brain Disorder Services in the Community (Response received 4-20-15 and confirmed 4-21-15.)
FP 2015-16	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Rights of Persons Receiving Mental Health Services in the Community (Response received 4-20-15 and confirmed 4-21-15.)
FP 2015-17	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Rights of Persons Receiving Mental Health Services in State Mental Health Facilities (Response received 4-20-15 and confirmed 4-21-15.)
FP 2014-186	FISH AND GAME DEPARTMENT Method and Manner of Taking (Response received 4-24-15 and confirmed 4-24-15.)
FP 2015-27	DEPARTMENT OF SAFETY Mechanical Licensing Board Mechanical Licensing Board Initial Licensure Rules (Response not yet received.)
FP 2015-28	DEPARTMENT OF SAFETY Mechanical Licensing Board Mechanical Licensing Board Renewal Licensure Rules (Response not yet received.)
FP 2015-29	DEPARTMENT OF SAFETY Mechanical Licensing Board Mechanical Licensing Board Fees 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. PUBLIC UTILITIES COMMISSION
FP 2015-15 Approval	Working Capital (JLCAR Deadline May 26, 2015.)
8. 9:30 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES
(a) FP 2014-166 Approval	Oil and Remediation Programs Contaminated Site Management (JLCAR Deadline June 1, 2015.)
(b) FP 2014-167 Approval	Oil and Remediation Programs Groundwater Release Detection Permits (JLCAR Deadline June 1, 2015.)
(c) FP 2014-168 Approval	Oil and Remediation Programs Brownfields Program Under RSA 147-F (JLCAR Deadline June 1, 2015.)
(d) FP 2014-179 Approval	Water Quality and Quantity Programs Required Best Management Practices for Groundwater Protection (JLCAR Deadline June 15, 2015.)
9. 9:45 a.m. GOVERNING BOARD OF PHYSICAL THERAPISTS
FP 2015-18 Preliminary Objection	Requirements for Initial Licensure (JLCAR Deadline June 1, 2015.)
10. 9:50 a.m. GOVERNING BOARD OF ATHLETIC TRAINERS
(a) FP 2015-21 Preliminary Objection	Continued Status (JLCAR Deadline June 8, 2015.)
(b) FP 2015-22 Conditional Approval	Obligation to Comply with Laws and Ethical Principles (JLCAR Deadline June 8, 2015.)
11. 9:55 a.m. GOVERNING BOARD OF OCCUPATIONAL THERAPISTS
(a) FP 2015-24 Preliminary Objection	Requirements for Licensure (JLCAR Deadline June 12, 2015.)
(b) FP 2015-25 Preliminary Objection	Requirements for Reinstatement (JLCAR Deadline June 12, 2015.)
12. 10:00 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES
INT 2015-1 Approval	Former Division of Public Health Services Collection Station Rules (JLCAR Deadline August 5, 2015. Former rules expired March 24, 2015.)
13. 10:10 a.m. DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT
FP 2014-153 Preliminary	Rules for the Grant-in-Aid Program (JLCAR Deadline June 15, 2015.)
Objection with understanding of placement of Objection Response on 6/5/15 agenda if received prior to 6/5/15
14. 10:30 a.m. FISH AND GAME DEPARTMENT
(a) FP 2015-26 Approval	2015 Cod and Haddock Adjustments (JLCAR Deadline June 15, 2015.)
(b) Discussion on the following emergency rule (Doc. #10822, effective 4-28-15):
No Further Action	Cod Restriction and Haddock Weight Limit
15. 10:40 a.m. DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD
OR 2014-178 Approval with Recommendation	Transfer of Animals and Birds (JLCAR Deadline June 23, 2015.)
16. 10:50 a.m. BOARD OF MENTAL HEALTH PRACTICE – TO BE POSTPONED
ROR 2014-12 Postponed to 6/5/15 Continued Meeting	License Requirements, Applications, and Fees (JLCAR Deadline July 21, 2015.) (Response not yet received. Response due by June 1, 2015.)
17. 10:55 a.m. EXECUTIVE BRANCH ETHICS COMMITTEE – TO BE POSTPONED
OR 2014-132 Postponed to 6/5/15 Continued Meeting	Organizational Rules, Practice and Procedure Rules (JLCAR Deadline July 21, 2015.) (Response not yet received. Response due by June 1, 2015. Waiver of deadline to be requested.)
18. 11:00 a.m. BOARD OF MEDICINE – TO BE POSTPONED
OR 2015-1 Postponed to 6/5/15 Continued Meeting	New Requirements for Physician License Renewal (JLCAR Deadline July 21, 2015.) (Response not yet received. Response due by June 1, 2015. Waiver of deadline to be requested.)
OTHER BUSINESS 19. 11:10 a.m. Request of Richard Welch regarding a rulemaking petition to amend procedural rules of the N.H. Retirement System. No further action except legislation to be filed.