JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JANUARY 16, 2009
Members Present: Representatives Pilotte, Schmidt, Gottling, Boyce*, and
(**) Part 1, Article 28-a of the N.H. Constitution was not an issue in the Committee’s discussions or decisions in this meeting.
1. The
meeting was convened at 9:10 a.m.
by Rep. Pilotte as Vice-Chair.
Members present at this time, aside from
Rep. Pilotte, were Reps. Gottling, Schmidt, and Taylor, and Sens. Denley and
Merrill.
Rep. Pilotte appointed Rep. Taylor as an
alternate for Rep. Patten, who was absent.
2. The Committee discussed the minutes of the
Committee meeting on January 9, 2009.
Rep. Schmidt moved that the minutes be
approved.
Rep. Taylor seconded.
Adopted.
3. The Committee discussed the following
final proposals from the agencies indicated (Consent Agenda – Final Proposals
and Proposed Interim Rule):
FP 2008-169 |
GOVERNING BOARD OF PHYSICAL THERAPISTS Request for Board's Approval for Reasonable
Accommodation for Disability in the Administration of the National Physical
Therapy Examination |
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FP 2008-199 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Waste Management Control of Aboveground Petroleum Storage Facilities – Amendments |
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FP 2008-207 |
DEPARTMENT OF EMPLOYMENT SECURITY Part-time Work Information |
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FP 2008-208 |
DEPARTMENT OF EMPLOYMENT SECURITY Part-Time Availability and Shift Availability |
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FP 2008-210 |
DEPARTMENT
OF EMPLOYMENT SECURITY Employer Requirements; Records and Reports |
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FP 2008-213 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Mental Health and Developmental Services Medicaid-Covered
Home and Community-Based Care Services for Persons with Developmental
Disabilities and Acquired Brain Disorders |
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FP 2008-220 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Commissioner Child
Care Provider Payment Rates |
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FP 2008-226 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Expiring
Rules Related to Eligibility for Adult Categories of Assistance When
Living in a Residential Care Facility, Community Residence, or Family
Residence |
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FP 2008-228 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Service
Limits, Co-Payments, and Non-Covered Services |
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FP 2008-229 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Mental Health and Developmental Services Secure
Psychiatric Unit Transfers |
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FP 2008-235 |
DEPARTMENT OF SAFETY Automotive Oil Fee Fund Rules |
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INT 2008-44 |
DEPARTMENT
OF SAFETY Interim
Electronic Toll Collection Hearings |
It was the consensus of the Committee to
take Final Proposal 2008-213 and Final Proposal 2008-229 off the Consent
Agenda.
Rep. Schmidt moved that the Committee
approve the final proposals and proposed interim rule, except for Final Proposal
2008-213 and Final Proposal 2008-229.
Sen. Merrill seconded.
Adopted.
4. The Committee discussed the response by the
Board of Medicine to the Committee’s preliminary objection to Final Proposal
2008-181 (Fees Established by the Board and Standards of Conduct for Physicians
Licensed in
The Board had withdrawn the final proposal.
Since no further Committee action was
necessary, none was taken.
Rep. Boyce arrived at this time.
Rep. Pilotte appointed Rep. Boyce as an alternate
for Rep. Millham, who was absent.
5. The Committee discussed whether to postpone
action on certain items to another meeting.
No action to postpone was taken at this
time.
6. The Committee discussed Proposed Interim Rule
INT 2008-45 from the Department of Corrections (Practice and Procedure). Walter Pazdon of the Department of Justice
testified for the Department.
Rep. Schmidt moved that the Committee
approve Proposed Interim Rule INT 2008-45.
Rep. Gottling seconded.
Adopted.
7. The Committee discussed Proposed Interim Rule
INT 2008-46 (Operation and Management of Correctional Department
Activities). Walter Pazdon of the
Department of Justice testified for the Department.
Rep. Taylor moved that the Committee
approve Proposed Interim Rule INT 2008-46.
Rep. Boyce seconded.
Adopted.
8. The Committee discussed Proposed Interim Rule
INT 2008-47 from the Department of Corrections (Offender Classification). Walter Pazdon of the Department of Justice
testified for the Department.
Rep. Schmidt moved that the Committee
approve Proposed Interim Rule INT 2008-47.
Sen. Merrill seconded.
Adopted.
9. The Committee discussed Final Proposal
2008-192 from the Department of Environmental Services (Hazardous Waste
Programs, Hazardous Waste – Identification; Requirements for Generators,
Transporters, Facility Owners/Operators, Recycling; Inspection/Enforcement; HW
Cleanup Fund; Universal Waste). Gretchen
Hamel and John Duclos represented the Department.
Rep. Schmidt moved that the Committee approve
Final Proposal 2008-192.
Rep. Boyce seconded.
Adopted.
10. The Committee discussed Final Proposal
2008-227 from the Department of Health and Human Services (Former Division of
Human Services, General Program Information – Surveillance and Utilization Review
and Control). Michael Holt testified for
the Department.
Rep. Schmidt moved that the Committee
approve Final Proposal 2008-227.
Rep. Gottling seconded.
Adopted.
11. The Committee discussed Final Proposal
2008-213 from the Department of Health and Human Services (Former Division of
Mental Health and Developmental Services, Medicaid-Covered Home and
Community-Based Care Services for Persons with Developmental Disabilities and
Acquired Brain Disorders). Michael Holt
testified for the Department.
The Department had requested a conditional
approval in a letter and amended rule dated January 14, 2009.
Rep. Gottling moved that the Committee
conditionally approve Final Proposal 2008-213 as requested.
Rep. Schmidt seconded.
Adopted.
12. The Committee discussed Final Proposal
2008-229 from the Department of Health and Human Services (Former Division of
Mental Health and Developmental Services, Secure Psychiatric Transfers). Michael Holt and Raymond Perry testified for
the Department.
The Department had requested a conditional
approval in a letter and amended rule dated January 15, 2009.
Sen. Merrill moved that the Committee
conditionally approve Final Proposal 2008-229 as requested.
Rep. Schmidt seconded.
Adopted.
13. After a break, with Reps. Pilotte, Schmidt,
Gottling, Taylor, and Boyce, and Sen. Denley present, the Committee discussed
Final Proposal 2008-209 from the Department of Employment Security (Appeal to
and Hearing by Appeal Tribunal; Format of Documents; Delivery of Documents). Loon Siel testified for the Department.
Rep. Schmidt moved that the Committee
approve Final Proposal 2008-209.
Rep. Gottling seconded.
Adopted.
14. The Committee discussed Final Proposal
2008-211 from the Department of Employment Security (Form, Dishonored and
Application; Interest on Overpayments; Electronic Communications). Lon Siel and Diane Carpenter testified for
the Department.
The Department submitted a request for
conditional approval with an amended rule Emp 402.01 dated January 15, 2009.
Rep. Gottling moved that the Committee conditionally
approve Final Proposal 2008-211 as requested.
Rep. Schmidt seconded.
Adopted.
15. The Committee discussed Final Proposal
2008-212 (Claimant Requirements; Registration for Work and Filing of Claims;
Reduction and Withholding of Benefits).
Lon Siel and Robert Jones testified for the Department.
Sen. Merrill returned to the meeting
during the discussion of this item.
The Committee also discussed an emergency
rule filed by the Department (Emp 501.04 Time and Place of Filing Continued
Claims and Emp 501.13 Claims Filed Over the Internet) under Document #9359,
effective January 9, 2009. Certain
provisions were also contained in Final Proposal 2008-212.
Rep. Gottling moved that the Committee
approve Final Proposal 2008-212.
Rep. Schmidt seconded.
Adopted.
16. The Committee continued the discussion of the
emergency rule filed by the Department of Employment Security (Emp 501.04 Time
and Place of Filing Continued Claims and Emp 501.013 Claims Filed Over the
Internet).
It was the consensus of the Committee to
take no further action.
17. The Committee discussed Final Proposal
2008-232 from the Department of Safety (Fuel Oil Discharge Cleanup Fund
Rules). Sherri Kelloway testified for
the Department.
Rep. Schmidt moved that the Committee
approve Final Proposal 2008-232.
Rep. Taylor seconded.
Adopted.
18. The Committee discussed Final Proposal
2008-231 from the Department of Safety (Oil Discharge and Disposal License
Rules). Sherri Kelloway and Scott Bryer
testified for the Department.
Rep. Schmidt moved that the Committee
approve Final Proposal 2008-231.
Sen. Merrill seconded.
Adopted.
19. The Committee discussed Final Proposal
2008-230 from the Department of Safety (Oil Pollution Control License
Rules). Sherri Kelloway testified for
the Department. Scott Bryer also
represented the Department.
Rep. Schmidt moved that the Committee
approve Final Proposal 2008-230.
Rep. Boyce seconded.
Adopted.
20. The Committee discussed Final Proposal
2008-233 from the Department of Safety (Motor Carriers of Passengers
Rules). Sherri Kelloway and Scott Bryer
testified for the Department.
Rep. Schmidt moved that the Committee
approve Final Proposal 2008-233.
Rep. Gottling seconded.
Adopted.
21. The Committee discussed Final Proposal
2008-234 from the Department of Safety (Carriage of Household Goods by Motor
Vehicle Rules). Sherri Kelloway and
Scott Bryer testified for the Department.
Rep. Schmidt moved that the Committee
approve Final Proposal 2008-234.
Rep. Boyce seconded.
Adopted.
22. Rep. Boyce moved that the Committee adjourn.
Rep. Taylor seconded.
Adopted.
The Committee adjourned at 11:50 a.m.,
effectively postponing consideration of the following item to the regular
Committee meeting on February 20, 2009, as it was the consensus of the
Committee to cancel the continued meeting scheduled for February 6, 2009:
12. Responses
to Preliminary Objections Made in January 9, 2009 Meeting But Not Yet
Received by Committee
Staff: |
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OR 2008-163 |
BOARD OF VETERINARY MEDICINE Administrative Rules Vet 200-700 (JLCAR
Deadline April 20, 2009.) |
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OTHER BUSINESS |
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13. Other |
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