JOINT
LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR MEETING
TENTATIVE AGENDA
SEPTEMBER 20, 2018 - 9:00 a.m.
ROOMS 306/308 LEGISLATIVE
OFFICE BUILDING
Senate Members of JLCAR |
House Members of JLCAR |
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Sen. John Reagan, Chair |
Rep. Carol M.
McGuire, Vice Chair |
Sen. Kevin Avard |
Rep. William A.
Hatch |
Sen. Dan Feltes |
Rep. Timothy Lang |
Sen. Harold French |
Rep. Peter B.
Schmidt |
Sen. Jay Kahn |
Rep. Terry M. Wolf |
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, Seating of Alternates, and Review
Minutes
JLCAR Deadlines Noted in Agenda: |
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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. |
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 |
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(a) FP 2018-44 |
MIDWIFERY
COUNCIL Certification
Requirements for Midwifery (JLCAR Deadline October 1, 2018.) |
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(b) FP 2018-47 |
PHARMACY
BOARD Fees
for Limited Retail Drug Distributors, Mail-Order Pharmacies, Manufacturers,
Wholesalers and Distributors, and Outsourcing Facilities (JLCAR Deadline October 1, 2018.) |
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(c) FP 2018-90 |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Solid
Waste Programs Combustion
of Construction and Demolition Debris Amendments (JLCAR Deadline October 15, 2018.) |
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(d) FP 2018-107 |
LOTTERY
COMMISSION Locations
Permitted to Sell Keno (JLCAR Deadline October 15, 2018.) |
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(e) FP 2018-111 |
BOARD
OF FAMILY MEDIATOR CERTIFICATION Procedural
Rules (JLCAR Deadline October 22, 2018.) |
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(f) FP 2018-114 |
BOARD
OF FAMILY MEDIATOR CERTIFICATION Ethical
Standards (JLCAR Deadline October 22, 2018.) |
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(g) FP 2018-118 |
INSURANCE
DEPARTMENT Ancillary
Health and Blanket Insurance General Provisions (JLCAR Deadline October 8, 2018.) |
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(h) FP 2018-119 |
INSURANCE
DEPARTMENT Discontinuance
of Individual Ancillary Health Coverage (JLCAR Deadline October 11, 2018.) |
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(i) FP 2018-120 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Commissioner Syringe
Services Program (JLCAR Deadline September 21, 2018.) |
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(j) FP 2018-127 |
DEPARTMENT
OF REVENUE ADMINISTRATION Tobacco
Tax Reporting and Payment (JLCAR Deadline October 22, 2018.) |
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(k)
FP 2018-136 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services General Licenses - Byproduct Material Other
Than Source Material (JLCAR
Deadline October 19, 2018.) |
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(l)
FP 2018-137 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Radiation Safety Requirements for Industrial
Radiographic Operations (JLCAR
Deadline October 22, 2018.) |
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3. 9:10 a.m. Committee
Conditional Approvals: |
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(a)
FP 2018-48 |
PHARMACY BOARD Pharmacy Interns (JLCAR
Deadline October 1, 2018.) |
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(b)
FP 2018-58 |
PHARMACY BOARD Pharmacy Technicians (JLCAR
Deadline October 1, 2018.) |
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(c) FP
2018-60 |
BOARD OF REGISTRATION OF FUNERAL DIRECTORS
AND EMBALMERS Unlicensed Personnel; Eye Procurement;
Ethical and Professional Standards; Preparation Room Requirements and
Equipment (JLCAR
Deadline October 19, 2018.) |
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(d)
FP 2018-109 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Newborn Screening (JLCAR
Deadline September 27, 2018.) |
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4. 9:15 a.m. Committee
Acceptance of Agency Responses to Objections: |
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(No Items.) |
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5. 9:16 a.m. 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 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. |
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Conditionally Approved July 19, 2018 |
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FP 2018-7 |
REAL ESTATE APPRAISER BOARD Apprentice Classification, Certificate and
License Requirements; Continued Status (Response
received September 13, 2018 and confirmed September 13, 2018.) |
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FP 2018-15 |
BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS Registration of Licensing Requirements;
Renewal Forms; Violation Points for a Shop and/or Licensee; Ethical
Standards; Tanning Owner Requirements (Response
received August 16, 2018 and confirmed August 17, 2018.) |
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Conditionally Approved August 16, 2018 |
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FP 2018-70 |
DEPARTMENT OF SAFETY Commissioner Various Driver Licensing Rules (Response
received August 22, 2018 and confirmed August 22, 2018.) |
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FP 2018-21 |
BOARD OF EXAMINERS OF NURSING HOME
ADMINISTRATORS Application Procedures; Continued Status;
Ethical Standards (Response
not yet received.) |
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FP 2018-93 |
OFFICE OF PROFESSIONAL LICENSURE AND
CERTIFICATION Massage Therapy (Response
received September 4, 2018 and confirmed September 6, 2018.) |
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FP 2018-94 |
OFFICE OF PROFESSIONAL LICENSURE AND
CERTIFICATION Body Art Rules (Response
received September 4, 2018 and confirmed September 6, 2018.) |
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FP 2018-41 |
DEPARTMENT OF SAFETY Commissioner Various Carnival Amusement Rules (Response
received August 27, 2018 and confirmed August 27, 2018.) |
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FP 2018-72 |
DEPARTMENT OF SAFETY Commissioner Guidelines for Establishing Maximum Rates
for Hazardous Materials Incident Response (Response
received August 27, 2018 and confirmed August 27, 2018.) |
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REGULAR AGENDA |
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6. 9:18 a.m. Consider
postponing action on certain items to another meeting. |
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7. 9:20
a.m. DEPARTMENT OF HEALTH AND HUMAN
SERVICES |
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(a)
FP 2018-87 |
Former Division of Public Health Services Home Health Care Providers Licensing (JLCAR
Deadline September 21, 2018. Most of
the former rules were interim rules which expired October 29, 2017.) |
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(b)
FP 2018-88 |
Former Division of Public Health Services Home Hospice Care Providers Licensing (JLCAR
Deadline September 24, 2018. The
former interim rules expired October 26, 2017.) |
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(c)
FP 2018-108 |
Former Division of Public Health Services Substance Use Disorder Residential Treatment
Facility Licensing (JLCAR
Deadline October 1, 2018.) |
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(d)
INT 2018-19 |
Former Division of Public Health Services Milk Producers, Milk Plants,
Producer-Distributors, and Distributors (JLCAR
Deadline December 12, 2018. Rule
implements 2018, 323:3-23 (SB 491), effective June 25, 2018,) |
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(e) Discussion
on the following emergency rule: |
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ER (Doc. #12607) |
Former Division of Mental Health and Developmental Services Medical Assistance Services Provided by Education Agencies (Effective August 20,
2018. Scheduled to expire February 16,
2019.) |
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8. 9:40
a.m. COMMUNITY DEVELOPMENT FINANCE
AUTHORITY |
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INT 2018-18 |
Community Development Block Grant Rules (JLCAR
Deadline November 28, 2018. Most of
the former rules expired June 29, 2013 and January 1, 2014.) |
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9. 9:50
a.m. UNIVERSITY SYSTEM OF NEW
HAMPSHIRE |
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FP 2018-51 |
Financial Policies on Classification of
Students for Tuition Purposes (JLCAR
Deadline October 8, 2018. Former rules
expired November 17, 2012.) |
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10. 10:00 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES |
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(a)
FP 2018-91 |
Air Related Programs Municipal Waste Combustion, Including
Requirements for Combusting Processed Wood Residue (JLCAR
Deadline October 15, 2018.) |
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(b)
FP 2018-129 Objection Response to be heard 10/4/18 - Continued Meeting |
Oil and Remediation Programs Underground Storage Tank Facilities (JLCAR
Deadline October 22, 2018.) |
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11. 10:15 a.m. HIGHER EDUCATION COMMISSION |
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FP 2018-43 |
Career School Licensing (JLCAR
Deadline October 4, 2018.) |
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12. 10:30 a.m. BOARD OF REGISTRATION OF FUNERAL DIRECTORS
AND EMBALMERS |
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FP 2018-59 |
Definitions; Record of Board Actions;
Nonadjudicative Investigations & Hearings; Waivers of Substantive Rules;
Explanation After Adoption (JLCAR
Deadline October 19, 2018.) |
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13. 10:40 a.m. ELECTRICIANS' BOARD |
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INT 2018-20 |
Supervision (JLCAR
Deadline December 12, 2018. Interim
rule implements 2018, 243 (HB 1327), effective June 12, 2018.) |
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14. 10:45 a.m. BOARD OF SEPTIC SYSTEM EVALUATORS |
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FP 2018-62 |
Licensure Requirements; Continued Status; Ethical
Standards and Professional Conduct (JLCAR
Deadline October 19, 2018. Former
interim rules expired March 27, 2018.) |
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15. 10:50 a.m. BOARD OF FAMILY MEDIATOR CERTIFICATION |
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(a)
FP 2018-112 |
Certification Requirements (JLCAR
Deadline October 22, 2018.) |
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(b)
FP 2018-113 |
Continued Status (JLCAR
Deadline October 22, 2018.) |
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(c)
FP 2018-115 |
Initial Certification of Family Mediator
Training Programs (JLCAR
Deadline October 22, 2018.) |
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(d)
FP 2018-116 |
Continued Status of Certified Family
Mediator Programs (JLCAR
Deadline October 22, 2018.) |
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(e)
FP 2018-117 Postponed to 10/18/18 |
Domestic Violence (JLCAR
Deadline October 22, 2018.) |
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16. 11:15 a.m. BOARD OF EDUCATION |
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OR 2018-35 |
Certification Standards for Educators on
Code of Professional Conduct, Investigations and Disciplinary Proceedings,
and Denial of Certification (JLCAR
Deadline November 20, 2018.) |
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OTHER BUSINESS 17. 11:20
a.m. |
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