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, Taylor, Boyce, Kidder, and Sad.  Sen. DeVries also arrived shortly after the Committee convened. 

 

     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

 

 

FP 2009-209

N.H. LOTTERY COMMISSION
Rules of the Multi-State Lottery Association Games

 

 

FP 2009-210

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Definitions and Responsibilities of the Board

 

 

FP 2009-211

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS
Notice Commencing Adjudicative Proceedings

 

 

FP 2009-212

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Settlements; Voluntary Surrender

 

 

FP 2009-213

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Reinstatement of Licenses

 

 

FP 2009-214

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Maintenance of Continuing Competence

 

 

FP 2009-215

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Ongoing Requirements

 

 

FP 2009-219

FISH AND GAME DEPARTMENT

Commercial Lobster Helpers

 

 

FP 2010-1

DEPARTMENT OF SAFETY

Amendments to Various Motor Vehicle Hearing Rules

 

 

FP 2010-3

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Public Water Systems; Drinking Water Quality Standards

 

 

FP 2010-5

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Public Water Systems: Reporting Monitoring Data

(JLCAR Deadline May 17, 2010.)

See (**) below

 

 

FP 2010-6

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Child Support Disbursement Fee

 

 

FP 2010-7

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Telephone Applications

 

 

FP 2010-14

DEPARTMENT OF ENVIRONMENTAL SERVICES

Solid Waste Programs

Leachate Management Requirements; Research, Development, and

Demonstration Permits

 

 

*  The only issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.

 

 

**  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.

 

 

 

     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
Unlicensed Personnel, Eye Procurement and Preparation Room Requirements

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

 

 

(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.)

 

 

12. Discussion on amendments to Drafting and Procedure Manual for Administrative Rules.

 

 

13. Responses to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2008-165

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

(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.)

 

 

14. Responses to Preliminary Objections Made in March 5, 2010 Meeting But Not Yet Received by

Committee Staff:

 

 

(a)  OR 2009-108

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Amendments Relative to Stream Crossings

(JLCAR Deadline June 8, 2010.)

 

 

(b)  OR 2009-109

DEPARTMENT OF ENVIRONMENTAL SERVICES
Wetlands Programs

Stream Crossings

(JLCAR Deadline June 8, 2010.)

 

 

(c)  OR 2009-176

LIQUOR COMMISSION
Agency Store Rules

(JLCAR Deadline June 8, 2010.)

 

 

OTHER BUSINESS

 

16. Other

 

 

     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.