JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

APRIL 2, 2010

 

 

Members Present:   Representatives Pilotte, Schmidt, Gottling, Millham, Boyce*, Kidder*, and Sad*, and Senators Merrill and DeVries*.  (*)  Indicates alternate member.

 

(**)  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 9:03 a.m. by Rep. Pilotte as Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Schmidt, Gottling, Millham, Boyce, Kidder, and Sad.

 

     Rep. Pilotte appointed Reps. Boyce, Kidder, and Sad as alternates, respectively, for Rep. Patten, Sen. Carson, and Sen. Fuller Clark, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on March 19, 2010. 

 

     Senator Merrill arrived during the discussion of this item.

 

     It was the consensus of the Committee that the meeting packets would no longer contain the minutes, but 5 copies would be brought by Committee staff to the meeting.

 

     Rep. Boyce moved that the minutes be approved.

 

     Rep. Gottling seconded.

 

     Adopted.

 

3.  The Committee discussed the following item:

 

14. FP 2009-130

DEPARTMENT OF HEALTH AND HUMAN SERVICES
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.  Postponed pending input from policy committees.)

 

     Senator DeVries arrived as the discussion on this item began.

 

     Rep. Schmidt moved that the Committee postpone this item to the next Committee meeting on April 16, 2010.

 

     Rep. Boyce seconded.

 

     Rep. Pilotte appointed Sen. DeVries as an alternate for Sen. Cilley, who was absent.

 

     On a show of hands, the vote was 5 “yes” and 4 “no”, with Rep. Pilotte voting “yes”.

 

     The motion was adopted.

 

4.  The Committee discussed whether to postpone action on certain items to another meeting.

 

     Rep. Schmidt moved that the Committee postpone action on the following items to the next Committee meeting on April 16, 2010:

 

14. FP 2009-130

DEPARTMENT OF HEALTH AND HUMAN SERVICES
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.  Postponed pending input from policy committees.)

 

 

15. 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.)

 

 

16. 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.)

 

     Rep. Gottling seconded.

 

     Adopted.

 

5.  The Committee discussed who would chair the Committee meeting on April 16, 2010, as Rep. Pilotte would be absent.

 

     The consensus of the Committee was that the Chair would appoint Rep. Patten unless Sen. Fuller Clark wished to have a Senator chair the meeting.

 

6.  The Committee discussed the status of the following objection responses which had been postponed:

 

15. 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.)

 

 

16. 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.)

 

     No further action was taken.

 

7.  The Committee discussed the rulemaking search program on the web site of the Office of Legislative Services, Administrative Rules, which was demonstrated by Committee staff.

 

     No further action was taken.

 

8.  The Committee discussed proposed amendments to the Drafting and Procedure Manual for Administrative Rules.

 

     Michael Holt, representing the Department of Health and Human Services, testified.

 

     Rep. Millham and Sens. Merrill and DeVries left during the discussion of this item.

 

     It was the consensus of the Committee that the proposed amendments to the Manual would be further amended by Committee staff, for presentation to the Committee to clarify that all requirements on an agency form would be considered as non-expiring as rules pursuant to RSA 541-A:19-b, but that Committee staff would consult with Gretchen Hamel of the Department of Environmental Services and Michael Holt of the Department of Health and Human Services before presenting the clarifications to the Committee. 

 

9.  The Committee briefly discussed Final Proposal 2009-176 of the Liquor Commission (Agency Store Rules), to which the Committee had made a preliminary objection on March 5, 2010, in order to hear testimony from Peter Garp of Loudon, N.H.

 

     No further action was taken.

 

10.  Rep. Boyce moved that the Committee adjourn.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

      The Committee adjourned at 12:20 p.m., effectively postponing consideration of the following item to the next Committee meeting:

 

OTHER BUSINESS

 

17. Other