JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR
MEETING
TENTATIVE
AGENDA
AUGUST 18, 2011 - 9:00 a.m.
ROOMS 305/307
LEGISLATIVE OFFICE BUILDING
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Senate
Members of JLCAR |
House
Members of JLCAR |
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Amanda Merrill, Vice-Chair |
Betsey L. Patten, Chair |
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Fenton Groen |
Carol M. McGuire |
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Molly Kelly |
Andrew J. Manuse |
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Gary Lambert |
Maurice L. Pilotte |
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Raymond White |
Peter B. Schmidt |
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Sharon Carson (Alt.) |
David H. Kidder (Alt.) |
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Lou D'Allesandro (Alt.) |
Tara A. Sad (Alt.) |
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James Forsythe (Alt.) |
Kathleen N. Taylor (Alt.) |
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Sylvia Larsen (Alt.) |
Stella Tremblay (Alt.) |
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Nancy Stiles (Alt.) |
Steven J. Winter (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.
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1. 9:00 am Convene
& Review Minutes |
8. 10:15 am INT's
2011-23 He-M, 2011-24 He-C, |
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&
2011-22 He-E, |
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Consent
Agenda |
FP's
2011-78 He-W & 2011-43 He-P |
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2. 9:05 am Final
Proposals |
9.
11:15 am FP 2011-26 Puc |
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3. 9:10 am Objection Responses |
10. 12:15 pm FP 2011-42 Ins |
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4. 9:12 am Preliminary Objections |
11. 1:00 pm LUNCH BREAK |
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12. 2:00 pm Disc. on Manual |
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Regular
Agenda |
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5. 9:13 am Postpone Items |
Other Business |
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6. 9:15 am FP 2011-22 Env-Wq |
13. 2:30 pm |
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7. 9:30 am INT's 2011-19 & 20 Agr |
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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
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JLCAR Deadlines Noted Below: |
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For
OR's and ROR's: |
Deadline
is for sponsoring a joint resolution. |
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For
FP's: |
Deadline
is for approval, conditional approval, or preliminary objection. Otherwise,
rule is automatically approved. |
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For
INT's: |
Deadline
is for approval or conditional approval. |
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CONSENT
AGENDA |
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2. Committee
Approval of Final Proposals and Proposed Interim Rules: |
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(a) FP 2011-34 |
BOARD OF EDUCATION General Special Education and Early
Childhood Special Education (JLCAR
Deadline August 29, 2011.) |
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(b)
FP 2011-48 Approval |
BOARD OF EDUCATION (JLCAR Deadline August 29, 2011.) |
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(c)
FP 2011-57 Approval |
BOARD OF EDUCATION (JLCAR Deadline August 29, 2011.) |
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(d) FP 2011-66 Approval |
CURRENT USE BOARD Conduct of a Rulemaking Hearing and Media
Access (JLCAR
Deadline September 9, 2011.) |
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(e) FP 2011-67 Approval |
CURRENT USE BOARD Conduct of a Forum and Media Access (JLCAR Deadline September 9,
2011.) |
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(f) FP 2011-68 Approval |
CURRENT USE BOARD Assessment Ranges (JLCAR Deadline September 9,
2011.) |
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(g) FP 2011-70* Approval |
DEPARTMENT OF HEALTH & HUMAN SERVICES Former Division of Human Services Expired Rules Related to Medical Coverage
for Pregnant Women & Allocated Income (JLCAR
Deadline September 19, 2011. Most of
the rules expired May 26, 2007 and October 1, 2007.) |
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* 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. |
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(h) FP 2011-72 Approval |
DEPARTMENT OF HEALTH & HUMAN SERVICES Former Division of Public Health Services Expiring Radiological Health Rules (JLCAR Deadline September 8,
2011. Existing rules will expire
September 20, 2011.) |
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(i) FP
2011-73 Approval |
DEPARTMENT OF HEALTH & HUMAN SERVICES Former Division of
Human Services Expiring Rules Related to Adjustment to an
Electronic Benefit Transfer (EBT) Account and Change Reporting Requirements (JLCAR Deadline September 8, 2011. Existing rules will expire November 1,
2011.) |
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(j)
FP 2011-74 Approval |
DEPARTMENT OF HEALTH & HUMAN SERVICES Former Division of Mental Health and Developmental Services Healthcare Coordination and Medication
Administration (JLCAR Deadline
September 19, 2011.) |
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(k)
FP 2011-79 Approval |
DEPARTMENT OF HEALTH & HUMAN SERVICES Former Division of Human Services Service Limits - HCBC Recipients and
Nursing Facility Residents Not Exempt (JLCAR Deadline September
19, 2011.) |
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(l)
FP 2011-82 Approval |
BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS Practice and Procedure, Failure to Appear
at Examinations, Applicants Applying for an Exemption, and Ethical Standards (JLCAR Deadline September
19, 2011.) |
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(m)
INT 2011-18 Approval |
FISH AND GAME DEPARTMENT Miscellaneous Wildlife
Rules (JLCAR Deadline October 20, 2011. Former rules expired April 26, 2011.) |
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(n)
INT 2011-21 Approval |
DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD Organic Commodities Certification (JLCAR
Deadline November 3, 2011. Former
rules expired February 27, 2011.) |
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3. Committee
Acceptance of Agency Responses to Objections: |
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(No Items) |
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4. Committee
Issuance of Preliminary or Revised Objections to Final Proposals: |
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(No Items) |
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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. |
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Conditionally Approved June 17, 2011: |
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FP 2011-46 |
BOARD OF DENTAL EXAMINERS Regarding
Licensure, Supervision, Continuing Education, Record Retention, and Licensure
Truthfulness (Response received 7-18-11 and confirmed
7-20-11.) |
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Conditionally Approved July 21, 2011: |
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FP 2011-65 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Office of Alcohol and Drug Abuse
Prevention Access to Recovery Program (Response
received 7-25-11 and confirmed 7-26-11.) |
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REGULAR
AGENDA |
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5. Consider
postponing action on certain items to another meeting. |
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6. FP 2011-22 Approval with Understanding |
DEPARTMENT OF ENVIRONMENTAL SERVICES Significant Discharges: Alternatives Analysis/Economic-Social
Importance; Water Transfers (JLCAR Deadline August 29, 2011.) |
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7. DEPARTMENT OF AGRICULTURE, MARKETS, AND
FOOD |
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(a)
INT 2011-19 Conditional Approval |
Dating Prewrapped Sandwiches (JLCAR
Deadline November 3, 2011. Former
rules expired March 19, 2010.) |
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(b) Amended Preliminary Objection |
Certification Seal Rules (JLCAR
Deadline November 3, 2011. Rules
implement 2011, 212 (SB 157), effective July 1, 2011.) |
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8. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
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(a)
INT 2011-23 Approval |
Former Division of Mental Health and
Developmental Services Administration of Medications in Behavioral
Health Programs (JLCAR
Deadline November 3, 2011. Existing rules
will expire September 19, 2011.) |
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(b)
INT 2011-24 Conditional Approval |
Commissioner Criminal Records & Central Registry
Checks for License-Exempt Child Care Providers (JLCAR
Deadline November 3, 2011. Existing
rules will expire August 23, 2011.) |
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(c)
INT 2011-22 Approval |
Division of Elderly and Adult Services Targeted Case Managment Services (JLCAR
Deadline November 3, 2011. Rules
implement HB 2, effective July 1, 2011.) |
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(d)
FP 2011-78 Approval |
Former Division of Human Services Expiring Rules Related to Financial
Assistance to Needy Families (FANF) Intentional Program Violations (JLCAR
Deadline September 19, 2011. Existing
rules will expire August 23, 2011.) |
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(e)
FP 2011-43 Conditional Approval |
Former Division of Public Health Services Lead Paint Poisoning Prevention and Control
Rules (JLCAR
Deadline September 19, 2011.) |
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9. FP
2011-26 Postponed to 9/1/11 Continued
Meeting |
PUBLIC UTILITIES COMMISSION (JLCAR Deadline September 12, 2011.) |
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10. FP 2011-42 Preliminary
Objection |
INSURANCE DEPARTMENT (JLCAR Deadline September 16, 2011.) |
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11. LUNCH BREAK |
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12. Discussion on amended Drafting and
Procedure Manual for Administrative Rules. |
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OTHER BUSINESS 13. Other |
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