JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

MAY 19, 2017 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice Chair

Sen. Kevin Avard

Rep. John Graham

Sen. Dan Feltes

Rep. William A. Hatch

Sen. Harold French

Rep. Rick M. Ladd

Sen. Jay Kahn

Rep. Peter B. Schmidt

Sen. Martha Fuller Clark (Alt.)

Rep. Karen Ebel (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. William Gannon (Alt.)

Rep. Carolyn Matthews (Alt.)

Sen. Dan Innis (Alt.)

Rep. Bill Ohm (Alt.)

Sen. Ruth Ward (Alt.)

Rep. John Sytek (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 2016-227
Approval

BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

Registration or Licensing Requirements, Renewals, Continuing Education, Inspections and Forms

(JLCAR Deadline June 12, 2017.)

 

 

(b)  FP 2016-228
Approval

ELECTRICIANS' BOARD

Organizational Rules; Procedural Rules

(JLCAR Deadline June 12, 2017.  Organizational rules expired July 1, 2016 pursuant
to RSA 541-A:17, II.)

 

 

(c)  FP 2016-231
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Eligibility for Adult Categories of Assistance and Medical Assistance When Living in a Residential Care Facility or a Community Residence

(JLCAR Deadline May 25, 2017.)

 

 

(d)  FP 2016-234
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Business Profits Tax Basis Step-Up and Filing Deadlines

(JLCAR Deadline June 8, 2017.)

 

 

(e)  FP 2016-235
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Business Enterprise Tax Short Period Return Filing Deadline

(JLCAR Deadline June 8, 2017.)

 

 

(f)  FP 2016-237
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Public Drinking Water Rules: Definition of "Owner or Operator"

(JLCAR Deadline June 2, 2017.)

 

 

(g)  FP 2016-238
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Control of Lead and Copper; Public Drinking Water Primacy Amendments

(JLCAR Deadline June 2, 2017.)

 

 

(h)  FP 2016-241
Approval

GUARDIAN AD LITEM BOARD

Media Access

(JLCAR Deadline June 12, 2017.)

 

 

(i)  FP 2017-1
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medicaid General Program Information and Provider Requirements - Surveillance and Utilization Review and Control

(JLCAR Deadline May 30, 2017.)

 

 

(j)  FP 2017-2
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Failure to Include M&R Tax License Number on Advertisements of Short-Term Rentals

(JLCAR Deadline June 19, 2017.)

 

 

(k)  FP 2017-3
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Advertisements of Short-Term Rentals

(JLCAR Deadline June 19, 2017.)

 

 

(l)  FP 2017-24
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Eligibility for Additional Hardship Extensions to the 60-Month Lifetime Limit on Receipt of FANF Financial Assistance

(JLCAR Deadline May 25, 2017.)

 

 

(m)  FP 2017-29
Approval

FISH AND GAME DEPARTMENT

Moose Season Lottery

(JLCAR Deadline May 30, 2017.)

 

 

(n)  FP 2017-38
Approval

ASSESSING STANDARDS BOARD

Assessing Standards Board Explanation of Adoption of Rule, Public Forums and Subcommittee Meetings

(JLCAR Deadline June 19, 2017.  Former rules expired as interim rules on February 16, 2017.)

 

 

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

 

 

(a)  FP 2016-223
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Rivers Management and Protection Program

(JLCAR Deadline May 30, 2017.)

 

 

(b)  FP 2017-32
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Special Supplemental Nutrition Program for Women, Infants and Children (WIC) - Price of Infant Formula and Foods

(JLCAR Deadline June 22, 2017.)

 

 

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 not previously reported 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 April 21, 2017:

 

 

FP 2016-201

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Asbestos Management and Control

(Response received May 2, 2017 and confirmed May 3, 2017.)

 

 

FP 2016-178

LIQUOR COMMISSION

Liquor Rules Governing Meeting Procedures, Post Adjudicative Hearing Procedures

(Response received May 9, 2017 and confirmed May 10, 2017.)

 

 

FP 2016-179

LIQUOR COMMISSION

Liquor Rules Governing Procedures for Suspensions of Licenses Prior to Hearing

(Response received May 9, 2017 and confirmed May 10, 2017.)

 

 

FP 2016-180

LIQUOR COMMISSION

Enforcement Policy for Liquor Rules and Sales of Tobacco Products

(Response received May 9, 2017 and confirmed May 10, 2017.)

 

 

FP 2016-181

LIQUOR COMMISSION

Liquor Rules Governing Licensee Credit and Billing Procedures

(Response received May 9, 2017 and confirmed May 10, 2017.)

 

 

REGULAR AGENDA

 

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

 

7.   9:20 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2016-191
Approval

Former Division of Mental Health and Developmental Services

Rights of Persons Receiving Peer Support Services

(JLCAR Deadline May 30, 2017.  Former rules expired October 6, 2013.)

 

 

(b)  FP 2016-198
Approval

Former Division of Mental Health and Developmental Services

Administration of Medications in Behavioral Health

(JLCAR Deadline May 30, 2017.  Former rules expired as interim rules on March 19, 2012.)

 

 

(c)  FP 2016-207
Approval

Former Division of Mental Health and Developmental Services

Peer Support

(JLCAR Deadline May 30, 2017.  Former rules expired October 6, 2013.)

 

 

(d)  FP 2017-28
Conditional Approval

Former Division of Public Health Services

Educational Health Centers

(JLCAR Deadline June 9, 2017.  Most of the rules expired as interim rules April 12, 2017.)

 

 

(e)  FP 2017-31
Conditional Approval

Former Division of Public Health Services

Adult Day Programs

(JLCAR Deadline June 8, 2017.  Most of the rules expired as interim rules April 13, 2017.)

 

 

(f)  INT 2017-12
Approval

Former Office of Alcohol and Drug Abuse Prevention

Operational Requirements for Opioid Detoxification and Methadone Maintenance,
Treatment and Rehabilitation Programs

(JLCAR Deadline August 2, 2017.  Existing rules will expire May 22, 2017.)

 

 

(g)  Emergency Rule

Doc. #12174

No Further Action

Commissioner

Child Care Licensing Rules

(No JLCAR Deadline.  Emergency rule effective May 17, 2017 and will expire November 13, 2017.)

 

 

8.   9:40 a.m.    DEPARTMENT OF EMPLOYMENT SECURITY

 

 

FP 2016-202
Conditional Approval

Initial Claims Filing

(JLCAR Deadline June 15, 2017.)

 

 

9.   9:50 a.m.    PHARMACY BOARD

 

 

(a)  FP 2016-220
Conditional Approval

Licensing of Limited Retail Drug Distributors

(JLCAR Deadline June 8, 2017.  Most of the rules expired February 23, 2014 and April 25, 2016.)

 

 

(b)  FP 2016-221
Conditional Approval

Licensing of Outsourcing Facilities Identified as 503B Facilities by the FDA

(JLCAR Deadline June 8, 2017.)

 

 

10. 10:10 a.m.  ELECTRICIANS' BOARD

 

 

FP 2016-229
Conditional Approval

Licensing Requirements; Continued Status

(JLCAR Deadline June 12, 2017.)

 

 

11. 10:20 a.m.  NATUROPATHIC BOARD OF EXAMINERS

 

 

FP 2016-232
Approval

Organizational Rules; Procedural Rules

(JLCAR Deadline June 19, 2017.  Organizational rule Nat 102.01(a) expired July 1, 2016 and procedural rules expired March 9, 2013.)

 

 

12. 10:30 a.m.  BOARD OF CHIROPRACTIC EXAMINERS

 

 

INT 2017-11
Approval with Recommendation

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

(JLCAR Deadline August 2, 2017.  Former rules expired April 7, 2017.)

 

 

13. 10:40 a.m.  BOARD OF EDUCATION

 

 

INT 2017-10
Approval

Career and Technical Education

(JLCAR Deadline July 19, 2017.  Former rules expired April 11, 2017.)

 

 

14. 10:50 a.m.  BOARD OF AUCTIONEERS

 

 

ROR 2016-139
Approval with Petition and

Understanding

Complaints and Hearing Procedures, Licensing Requirements, Continued Status, and
Ethical Standards

(JLCAR Deadline June 20, 2017.  Former rules expired January 1, 2006.)

 

 

OTHER BUSINESS

15. 11:00 a.m.