JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

June 19, 2020 - 9:00 a.m.

REMOTE MEETING

Instructions at http://gencourt.state.nh.us/rules/default.htm

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice-Chair

Rep. William A. Hatch, Chair

Sen. Jeanne Dietsch

Rep. Kathleen Hoelzel

Sen. Jay Kahn

Rep. Carol M. McGuire

Sen. Ruth Ward

Rep. Peter B. Schmidt

Sen. David Watters

Rep. Kermit Williams

Sen. Regina Birdsell (Alt.)

Rep. Alan Bershtein (Alt.)

Sen. Shannon Chandley (Alt.)

Rep. Timothy Fontneau (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. David Karrick (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Timothy Lang (Alt.)

Sen. James Gray (Alt.)

Rep. Dianne E. Schuett (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, Remote Meeting Script, Seating of Alternates, 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

EXIR – Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

2.   9:05 a.m.    Committee Approval of Proposed Expedited Revisions to Forms:

 

 

(a)  EXRF 2020-6

Approval

DEPARTMENT OF SAFETY

Commissioner

Form DSSP 221 for Agent Fee Change on Agency Application for Renewal of Private Investigative, Security Guard or Bail Recovery License

(JLCAR Deadline June 19, 2020.)

 

 

(b)  EXRF 2020-7

Approval

DEPARTMENT OF SAFETY

Commissioner

Form DSSP 258 for Agent Fee Change on “Agency Application for Private Investigator, Security Guard, or Bail Recovery Agency License

(No JLCAR Deadline.)

 

 

(c)  EXRF 2020-8

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Expedited Revision to the New Hampshire APRN Licensure Survey and Mental Health Practitioner Licensure Survey

(No JLCAR Deadline.)

 

 

(d)  EXRF 2020-9

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

New Hampshire Alcohol & Drug Counselor Survey, Physician Licensure Survey,
and Psychologist Licensure Survey

(No JLCAR Deadline.)

 

 

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

 

 

(No items.)

 

 

 

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

 

(a)  OR 2019-153

Accepted/Approved

Bingo Rules

(JLCAR Deadline August 25, 2020.)

(Formerly Item #20(a) on May 29, 2020 Agenda.)

 

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 February 21, 2020:

 

 

FP 2019-178

BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

School and Shop Requirements, Licensee Standards, Fines, and

Inspection Notices

(Response received May 18, 2020 and confirmed June 8, 2020.)

 

 

Conditionally Approved May 29, 2020:

 

 

FP 2019-177

BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

Mobile Barbershops

(Response received June 15, 2020.)

 

 

FP 2019-200

BOARD OF EDUCATION

School Building Aid

(Response received June 11, 2020 and confirmed June 11, 2020.)

 

 

FP 2020-4

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Healthcare Coordination and Medication Administration

(Response received June 11, 2020 and confirmed June 12, 2020.)

 

 

FP 2020-10

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Employment Related NH Child Care Scholarship Program Eligibility

(Response received June 11, 2020 and confirmed June 15, 2020.)

 

 

FP 2020-12

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Child Care Provider Enrollment Requirements

(Response received June 11, 2020 and confirmed June 12, 2020.)

 

 

FP 2020-13

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Child Care Provider Billing and Payment Requirements

(Response received June 11, 2020 and confirmed June 12, 2020.)

 

 

FP 2020-14

DEPARTMENT OF REVENUE ADMINISTRATION

Hearing Procedures Relating to Meals and Rooms (Rentals) Tax Licenses, and

Tobacco Tax Licenses and Seizures

(Response not yet received.)

 

 

FP 2020-15

DEPARTMENT OF REVENUE ADMINISTRATION

Meals and Rooms (Rentals Tax with Regard to Meals

(Response not yet received.)

 

 

FP 2020-16

DEPARTMENT OF REVENUE ADMINISTRATION

Municipal Evaluation of Utility Company Distribution Assets

(Response not yet received.)

 

 

FP 2020-18

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Radiological Health Rules—Expiring Interim Rules

(Response received June 11, 2020 and confirmed June 12, 2020.)

 

 

FP 2020-21

BANKING DEPARTMENT

Public Deposit Investment Pool

(Reponse received June 8, 2020 and confirmed June 9, 2020.)

 

 

FP 2020-25

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Transfer of Animals and Birds

(Response not yet received.)

EXIR 2020-1

DEPARTMENT OF SAFETY

Commissioner

FMCSA Out-of-Service Criteria for Commercial Vehicle Transportation

of Hazardous Material and Waste

(Response not yet received.)

 

 

EXIR 2020-2

DEPARTMENT OF SAFETY

FMCSA Out-of-Service Criteria for Commercial Vehicle Transportation

of Hazardous Material and Waste

(Response not yet received.)

 

Conditionally Approved June 5, 2020:

 

 

FP 2020-5

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification of Payment Standards for Foster Family Care Service Credentials

(Response received June 11, 2020 and confirmed June 11, 2020.)

 

 

FP 2020-6

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Foster Family Care Licensing Requirements

(Response received June 11, 2020 and confirmed June 12, 2020.)

 

 

FP 2020-11

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Preventive and Protective Child Care Eligibility and Provider Enrollment

(Response received June 11, 2020 and confirmed June 12, 2020.)

 

 

FP 2020-8

INSURANCE DEPARTMENT

Pharmacy Benefits

(Response not yet received.)

 

 

EXIR 2020-3

DEPARTMENT OF SAFETY

Commissioner

FMCSA Out-of-Service Criteria for Commercial Vehicle Transportation

Of School Vehicles

(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.    GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

 

 

FP 2020-19

Conditional Approval

Processing of Applications, Eligibility Requirements, Administrative Obligations,

and Temporary Licenses

(JLCAR Deadline June 19, 2020.)

(Formerly Item #8 on May 29, 2020 Agenda.)

 

 

8.   9:25 a.m.    BOARD OF MEDICINE

 

 

FP 2020-28

Conditional Approval

Criteria for Setting Fines

(JLCAR Deadline June 22, 2020.)

 

 

9.   9:30 a.m.    BOARD OF CHIROPRACTIC EXAMINERS

 

 

FP 2020-41

Approved with Petition

Continuing Education Hours and Courses

(JLCAR Deadline July 20, 2020.)

 

 

10. 9:35 a.m.   BOARD OF EDUCATION

 

 

(a)  FP 2019-199

Postponed to
July 16, 2020
Regular Meeting

Special Education Teacher and Early Childhood Special Education Teacher

(JLCAR Deadline June 19, 2020.  Former interim rule expired April 8, 2020 and replaced by emergency rule effective April 9, 2020 and expires October 6, 2020.)

(Formerly Item #9(a) on May 29, 2020 Agenda.)

 

 

(b)  FP 2019-204

Postponed to
July 16, 2020
Regular Meeting

Credential Standards for Educational Personnel

(JLCAR Deadline June 19, 2020.)

(Formerly Item #9(c) on May 29, 2020 Agenda.)

 

 

(c)  FP 2019-205

Postponed to
July 16, 2020
Regular Meeting

How to Obtain a New Hampshire Educator License

(JLCAR Deadline June 19, 2020.  Some former interim rules expired

April 8, 2020 and replaced by emergency rule effective April 9, 2020 and expires

October 6, 2020.)

(Formerly Item #9(d) on May 29, 2020 Agenda.)

 

 

(d)  FP 2019-206

Postponed to
July 16, 2020
Regular Meeting

Requirements for Special Educator Endorsements

(JLCAR Deadline June 19, 2020.)

(Formerly Item #9(e) on May 29, 2020 Agenda.)

 

 

(e)  FP 2019-207

Postponed to
July 16, 2020
Regular Meeting

Renewal and Denial of Credentials

(JLCAR Deadline June 19, 2020.)

(Formerly Item #9(f) on May 29, 2020 Agenda.)

 

 

11. 10:00 a.m.  FISH AND GAME DEPARTMENT

 

 

FP 2019-194

Postponed to
July 16, 2020
Regular Meeting

Residency for Permits and Licenses and Off Highway Recreation Vehicles and Snowmobiles

(JLCAR Deadline June 19, 2020.)

(Formerly Item #10 on May 29, 2020 Agenda.)

 

 

12. 10:10 a.m.  DEPARTMENT OF CORRECTIONS

 

 

FP 2019-212

Conditional Approval

Client Records Management

(JLCAR Deadline June 19, 2020.)

(Formerly Item #13 on May 29, 2020 Agenda.)

 

 

13. 10:15 a.m.  DEPARTMENT OF SAFETY

 

(a)  FP 2019-202

Postponed to
July 16, 2020
Regular Meeting

Commissioner

Road Toll Administration Rules

(JLCAR Deadline June 19, 2020.  Some rules are interim rules that will expire

June 29, 2020.)

(Formerly Item #14(b) on May 29, 2020 Agenda.)

 

 

(b)  FP 2019-217

Postponed to
July 16, 2020
Regular Meeting

Commissioner

Fire and Life Safety Rules

(JLCAR Deadline July 16, 2020.)

 

 

14. 10:30 a.m.  PUBLIC UTILITIES COMMISSION

 

 

FP 2019-162

Conditional Approval

Net Metering for Customer-Owned Renewable Energy Generation Resources

of 1,000 Kilowatts or Less

(JLCAR Deadline June 18, 2020.)

(Formerly Item #17 on May 29, 2020 Agenda.)

 

 

15. 10:40 a.m.  INSURANCE DEPARTMENT

 

 

(a)  FP 2020-31

Postponed to
July 16, 2020
Regular Meeting

Practices and Procedures

(JLCAR Deadline July 16, 2020.)

 

 

(b)  FP 2020-38

Postponed to
July 16, 2020
Regular Meeting

Third Party Administrators—Application Forms

(JLCAR Deadline July 16, 2020.)

 

 

(c)  FP 2020-40

Postponed to
July 16, 2020
Regular Meeting

Electronic Filing Standards

(JLCAR Deadline July 16, 2020.)

 

 

16. 10:50 a.m.  DEPARTMENT OF EMPLOYMENT SECURITY

 

 

FP 2020-42

Conditional Approval

Job Training Program

(JLCAR Deadline July 20, 2020. Existing interim rule will expire June 23, 2020.)

 

 

17. 11:00 a.m.  LIQUOR COMMISSION—TO BE POSTPONED; WAIVER NEEDED

 

 

FP  2019-152

Postponed to
July 16, 2020
Regular Meeting

Liquor Licensing

(JLCAR Deadline June 19, 2020.)

(Formerly Item #18 on May 29, 2020 Agenda.)

 

18. 11:05 p.m.  LOTTERY COMMISSION

 

 

OR 2019-154

Accepted/Approved

Lucky 7 Rules

(JLCAR Deadline August 25, 2020.)

(Formerly Item #20(b) on May 29, 2020 Agenda.)

 

 

19. 11:20 a.m.  BOARD OF PSYCHOLOGISTS

 

 

OR  2019-135

Postponed to
July 16, 2020
Regular Meeting

Informal Resolution, Post-Doctoral Supervision, Application Process, Temporary License Application, and Written Examinations

(JLCAR Deadline August 3, 2020.)

(Response not yet filed.  Response due by June 12, 2020.)

 

 

20. 11:25 a.m.    Discussion on Petition Responses:

 

 

(a)    Petition January 17, 2020 to the Board of Accountancy relative to amending Ac 301.04 and Ac 301.05 on initial certification and reciprocity to address JLCAR staff comments regarding the authority under RSA 309-B of the National Association of State Boards of Accountancy (NASBA).

(Response not yet filed.  Response was due by March 23, 2020.)

Postponed to July 16, 2020 Regular Meeting

 

(b)   Petition May 29, 2020 to the Department of Safety relative to amending Saf-C 5503.02 to address the inconsistencies between the rule and the revised form DSSP 311 Offender Registration Information as outlined in Committee staff comments to the objection response.

(Response not yet filed.)

Postponed to July 16, 2020 Regular Meeting

 

OTHER BUSINESS

Postponed to July 16, 2020 Regular Meeting

21. 11:30 a.m.