JOINT LEGISLATIVE COMMITTEE ON
ADMINISTRATIVE RULES
Action Minutes
APRIL 16, 2010
Members Present: Representatives Patten, Gottling, Taylor*, Boyce*, Kidder*, and
Sad*, and Senator DeVries*. (*) Indicates alternate member.
(**) Indicates where Part 1, Article 28-a of the N.H. Constitution was an issue in the Committee’s discussions or decisions in this meeting. (See Final Proposal 2010-5 in Item #4 below, and Final Proposal 2010-4 in Item #7. However, Final Proposal 2010-5 was approved, and Final Proposal 2010-4 was conditionally approved.)
1. The meeting was convened at 9:06 a.m. by Rep. Patten at Acting Chair, having been designated by Vice-Chair Pilotte, who was absent.
Members present at this time, aside from Rep.
Patten, were Reps. Gottling,
Rep. Patten appointed Rep. Sad, Rep. Taylor, Rep. Boyce, Rep. Kidder, and Sen. DeVries as alternates, respectively, for Rep. Schmidt, Rep. Pilotte, Rep. Millham, Sen. Letourneau, and Sen. Fuller Clark, who were absent.
Sen. DeVries moved that Rep. Patten be Acting Chair for this meeting.
Rep. Taylor seconded.
Adopted.
2. Rep. Patten briefly discussed the receipt of the response from the Liquor Commission to the Committee’s preliminary objection to Final Proposal 2009-176 (Agency Store Rules).
No further action was taken on this item.
3. The Committee discussed the minutes of the Committee meeting on April 2, 2010.
Rep. Gottling moved that the minutes be approved.
Rep. Taylor seconded.
Adopted.
**4. The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):
FP 2009-188 |
BOARD OF EDUCATION Math for Middle and High School Certification and Teacher Preparation Programs See (*) below |
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FP 2009-209 |
N.H. LOTTERY COMMISSION |
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FP 2009-210 |
GOVERNING
BOARD OF SPEECH LANGUAGE PATHOLOGISTS Definitions and Responsibilities of the
Board |
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FP 2009-211 |
GOVERNING
BOARD OF SPEECH LANGUAGE PATHOLOGISTS |
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FP 2009-212 |
GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS Settlements; Voluntary Surrender |
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FP 2009-213 |
GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS Reinstatement of Licenses |
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FP 2009-214 |
GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS Maintenance of Continuing Competence |
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FP 2009-215 |
GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS Ongoing Requirements |
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FP 2009-219 |
FISH AND GAME DEPARTMENT Commercial Lobster Helpers |
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FP 2010-1 |
DEPARTMENT OF SAFETY Amendments to Various Motor Vehicle Hearing Rules |
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FP 2010-3 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs Public Water Systems; Drinking Water Quality Standards |
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FP 2010-5 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs Public Water Systems: Reporting Monitoring Data (JLCAR
Deadline May 17, 2010.) See (**) below |
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FP 2010-6 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Child Support Disbursement Fee |
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FP 2010-7 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Telephone Applications |
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FP 2010-14 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Solid Waste Programs Leachate Management Requirements; Research, Development, and Demonstration Permits |
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* The only 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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** The only issue with this final
proposal is that there is a concern regarding a potential violation of Part
1, Article 28-a of the N.H. Constitution, but these rules appear to implement
a pass-through of federal requirements. |
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Rep. Taylor moved that the final proposals be approved.
Rep. Boyce seconded.
Adopted.
5. The Committee discussed the following objection response, from the agency indicated, to the Committee’s preliminary objection (Consent Agenda – Responses to Objections):
OR 2009-164 |
BOARD OF
REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS and Equipment |
Rep. Taylor moved that the Committee accept the response and approve the rules.
Rep. Kidder seconded.
Adopted.
6. The Committee discussed whether to postpone action on certain items to another meeting.
Rep. Boyce moved that the Committee postpone action on the following items to the continued Committee meeting on May 7, 2010:
8. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
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(b) FP 2009-130 |
Former Division of Mental Health & Developmental Services Eligibility Determination and Service Planning for Individuals With An Acquired Brain Disorder (No JLCAR deadline. Deadline has been waived.) (Formerly
Item 10(a) on 2-19-10 and 3-5-10 agendas and Item 14 on 3-19-10 and 4-2-10
agendas. Postponed pending input from
policy committees.) |
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12. Discussion
on amendments to Drafting and Procedure Manual for Administrative Rules. |
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13. Responses to Preliminary Objections Made in
November 19, 2009 Meeting But Not Yet Received by Committee Staff: |
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(a) OR
2008-165 |
BOARD OF MENTAL HEALTH PRACTICE Practice and Procedure Rules (No
JLCAR deadline, because agency's objection response deadline was waived.) |
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(b) OR 2008-166 |
BOARD OF MENTAL HEALTH PRACTICE Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees (No JLCAR deadline, because agency's
objection response deadline was waived.) |
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14. Responses to Preliminary Objections Made in
March 5, 2010 Meeting But Not Yet Received by Committee
Staff: |
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(a) OR 2009-108 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Wetlands Programs Amendments Relative to Stream Crossings (JLCAR Deadline June 8, 2010.) |
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(b) OR 2009-109 |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Stream Crossings (JLCAR Deadline June 8, 2010.) |
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(c) OR 2009-176 |
LIQUOR
COMMISSION (JLCAR Deadline June 8, 2010.) |
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OTHER BUSINESS |
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16. Other |
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Sen. DeVries seconded.
Adopted.
**7. The Committee discussed Final Proposal 2010-4 from the Department of Environmental Services (Drinking Water Programs, Public Water Systems: Laboratory Analytical Methods, Monitoring, and Compliance). Gretchen Hamel testified for the Department.
The Department had submitted a conditional approval request in a letter and amended rule dated
April 15, 2010.
Rep. Taylor moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2010-4 based on the request.
Rep. Boyce seconded.
Adopted.
8. The Committee discussed Final Proposal 2009-191 from the Board of Education (Approval of Nonpublic Schools).
Since a representative for the Board was not yet present, the Committee took no action.
9. The Committee discussed Final Proposal 2009-216 from the Governing Board of Speech Language Pathologists (Speech Language Assistants).
Since a representative for the Governing Board was not yet present, the Committee took no action.
10. The Committee discussed Proposed Interim Rule INT 2010-4 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Certification Standards for Community Residences). Maya Blanchette Glover testified for the Department.
Sen. DeVires moved that the Committee approve Proposed Interim Rule INT 2010-4.
Rep. Gottling seconded.
Adopted.
11. The Committee discussed again Final Proposal 2009-191 from the Board of Education (Approval of Nonpublic Schools). Dr. Judith Fillion from the Department of Education testified for the Board.
Sen. DeVries moved that the Committee make a preliminary objection to Final Proposal 2009-191 on the grounds as outlined in the annotations to the Final Proposal by Committee staff and that the Final Proposal lacked clarity or contained errors as addressed by Dr. Fillion.
Rep. Boyce seconded.
Adopted.
12. The Committee discussed again Final Proposal 2009-216 from the Governing Board of Speech Language Pathologists (Speech Language Assistants). Tina Kelley testified for the Board.
Sen. DeVries moved that the Committee approve Final Proposal 2009-216 with the recommendation that the Board seek legislative clarification to address disciplinary action and reinstatement of certification, as outlined in Committee staff annotations, and authority for the fee structure as discussed by the Committee.
Rep. Boyce seconded.
Adopted.
Rep. Taylor had left the meeting by this time.
13. The Committee discussed Final Proposal 2010-13 from the Banking Department (Public Deposit Investment Pool). Celia Leonard and Gail Bartlett testified for the Department.
The Department had requested a conditional approval in a letter and amended rule dated April 15, 2010.
The Committee took a break to have Committee staff consult with the Department staff regarding an amendment to the conditional approval request.
After the break, with Reps. Patten, Gottling, Boyce, Kidder and Sad, and Sen. DeVries present, Rep. Sad moved that the Committee accept the conditional approval request with an amendment to replace Ban 905.01(c)(1)f. with the words: “Demonstrated experience in management of assets of comparable size to the pool”, and conditionally approve Final Proposal 2010-13 based on the request, as amended.
Rep. Gottling seconded.
Adopted.
14. Rep. Gottling moved that the Committee recess until the continued meeting on May 7, 2010.
Rep. Kidder seconded.
Adopted.
The Committee recessed at 10:48 a.m.