JOINT
LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR MEETING
TENTATIVE AGENDA
SEPTEMBER 20, 2019 - 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,
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, 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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2. 9:05
a.m. Committee Approval of Final
Proposals and Proposed Interim Rules: |
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(a) FP 2019-70 |
BOARD
OF SEPTIC SYSTEM EVALUATORS Approval of Pre-Licensing Education and Fieldwork (JLCAR Deadline October 7,
2019.) |
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(b) FP 2019-80 |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Air Related Programs Volatile Organic Compounds (VOCs) Reasonably
Available Control Technology (RACT) |
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(c) FP 2019-84 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of Human Services Medical
Services Clinic (JLCAR Deadline October 3, 2019.) |
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(d) FP 2019-91 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former
Division of Mental Health and Developmental Services Rights Protection Procedures (JLCAR
Deadline October 3, 2019.) |
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(e) FP 2019-111 |
DEPARTMENT OF CORRECTIONS Bureau
of Classification Staff (JLCAR Deadline October 14, 2019.) |
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(f) FP 2019-113 |
DEPARTMENT OF CORRECTIONS Job
Assignments (JLCAR Deadline October 14, 2019.) |
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(g) FP 2019-120 |
INSURANCE DEPARTMENT Form and Rate
Filings (JLCAR
Deadline October 7, 2019.) |
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(h) FP 2019-122 |
DEPARTMENT OF REVENUE ADMINISTRATION Use
of Education Tax Credit Against Tax Liability (JLCAR
Deadline October 21, 2019.) |
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(i) INT 2019-25 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Requirements
for Transfer of Low-Level Radioactive Waste for Disposal at Land Disposal
Facilities, Manifests, Records, Reports, Quality Assurance, and Audits (JLCAR Deadline December 11, 2019. Existing rules will expire September 20,
2019.) |
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(j) INT 2019-26 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Quantities
for Use with Decommissioning (JLCAR Deadline December 11, 2019. Existing rules will expire September 20,
2019.) |
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(k) INT 2019-27 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Quantities
of Radioactive Material Requiring Labeling (JLCAR Deadline
December 11, 2019. Existing rules will
expire September 20, 2019.) |
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3. 9:10 a.m. Committee
Conditional Approvals: |
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(a) FP 2019-106 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Home
Health Care Providers Licensing (JLCAR Deadline October 11, 2019.) |
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(b) FP 2019-109 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Cross-Program
Rules Cross-Media
Electronic Reporting Rule (CROMERR) Compliance (JLCAR Deadline October 7, 2019.) |
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(c) FP 2019-112 |
DEPARTMENT
OF CORRECTIONS Resident
Orientation (JLCAR Deadline October 14, 2019.) |
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(d) FP 2019-115 |
DEPARTMENT
OF CORRECTIONS Definition
of “Safety Booth” (JLCAR Deadline October 14, 2019.) |
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(e) FP 2019-116 |
DEPARTMENT
OF CORRECTIONS Use
of “Safety Booths” in the Special Housing Unit and Secure Psychiatric Unit (JLCAR Deadline October 14, 2019.) |
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(f) FP 2019-117 |
DEPARTMENT
OF CORRECTIONS Resident
Interaction Prohibited in Secure Psychiatric Unit (JLCAR Deadline October 14, 2019.) |
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(g) FP 2019-118 |
DEPARTMENT
OF CORRECTIONS Resident
Case Management (JLCAR Deadline October 14, 2019.) |
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(h) FP 2019-119 |
DEPARTMENT
OF CORRECTIONS Physical
Plant Management (JLCAR Deadline October 14, 2019.) |
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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 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 August 15, 2019: |
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FP 2019-48 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of Mental
Health and Developmental Services Participant Directed and
Managed Services (Response received August 19, 2019 and confirmed August 21, 2019.) |
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FP 2019-78 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Special
Supplemental Nutrition Program for Women, Infants and Children (WIC) (Response received August 19, 2019 and
confirmed August 20, 2019.) |
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FP 2019-79 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services New
Hampshire Nursing Home Rules (Response received August 19, 2019 and confirmed August 21, 2019.) |
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FP 2019-96 |
BOARD OF NURSING Endorsement (No response yet.) |
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FP 2019-97 |
MIDWIFERY COUNCIL Complaint
Procedures, Documentation for Initial Certification, Laceration Repairs (No response yet.) |
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INT 2019-22 |
DEPARTMENT OF EMPLOYMENT SECURITY Claimant
Requirements (Response received August 20, 2019 and
confirmed August 20, 2019.) |
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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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NOTE: The
following objection response was already postponed on August 15, 2019 to the
regular Committee meeting on October 17, 2019: |
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OR 2019-5 |
BOARD OF EDUCATION Learn Everywhere Program for
High School Graduation Credit (JLCAR Deadline October 23, 2019.) |
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7. 9:20
a.m. BOARD OF NURSING |
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FP 2019-71 |
Alternative Recovery
Monitoring Program (JLCAR Deadline September 20, 2019.) |
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8. 9:25
a.m. BOARD OF ACCOUNTANCY |
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FP 2019-107 |
Application
for Initial Certification, Reciprocity, and Return to Active Practice (JLCAR
Deadline October 7, 2019.) |
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9. 9:30
a.m. PHARMACY BOARD |
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OR 2019-33 |
Registered
and Certified Pharmacy Technician Duties (JLCAR Deadline November 19, 2019.) (Response
not yet filed. Response is due by
September 30, 2019.) |
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10. 9:35
a.m. DEPARTMENT OF CORRECTIONS |
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FP 2019-114 |
Work
Release (JLCAR Deadline October 14, 2019.) |
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11. 9:40
a.m. DEPARTMENT OF HEALTH AND HUMAN
SERVICES |
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(a) INT 2019-28
Approval |
Former
Division of Mental Health and Developmental Services Healthcare
Coordination and Medication Administration (JLCAR Deadline December 11, 2019. Existing rules will expire September 19,
2019.) |
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(b)
Discussion on the following emergency
rule: |
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ER (Doc. #12861) |
Former Division of Mental Health and Developmental Services Medical Assistance Services Provided by Education Agencies (Effective August 28, 2019. Scheduled to expire February 24, 2020.) |
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12. 10:15
a.m. BOARD OF EDUCATION |
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(a) INT 2019-23 |
Qualifying Methods for
Obtaining a Teaching Credential (JLCAR Deadline December 4, 2019. Most of the rules expired September 16,
2019.) |
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(b) INT 2019-24 |
General Special Education
Teacher and Early Childhood Special Education Teacher (JLCAR Deadline December 4, 2019. Most of the rules expired September 16,
2019.) |
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13. 10:25
a.m. DEPARTMENT OF JUSTICE |
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(a) FP 2019-85 |
Land
Sales Full Disclosure Rules (JLCAR Deadline October 21, 2019. Former rules expired as interim rules April
30, 2019.) |
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(b) FP 2019-86 |
Condominium
Rules (JLCAR Deadline October 21, 2019. Former rules expired as interim rules April
30, 2019.) |
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14. 10:35
a.m. DEPARTMENT OF REVENUE
ADMINISTRATION |
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FP 2019-98 |
Education Tax Credit Program
Update (JLCAR Deadline October 21, 2019.) |
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OTHER BUSINESS |
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15. 10:40
a.m. |