JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
APRIL 20, 2007
Members Present: Representatives
Pilotte, Schmidt, Millham*, and Powers*, and Senators Cilley, DeVries, and
Kenney*. (*) Indicates alternate members.
(**) 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 Items #13, 14, 15, and 16. However, those items were approved.)
1. The Committee was convened at 9:14 a.m. by
Rep. Pilotte as Chair.
Members present at this time, aside from Rep. Pilotte, were Reps. Schmidt, Millham, and Powers and Senators Cilley and DeVries.
Rep. Pilotte appointed Rep. Millham and Rep. Powers as alternates, respectively, for Rep. Patten and Rep. Mitchell, who were absent.
2. The Committee discussed the minutes of the Committee meeting on April 6, 2007.
Rep. Millham moved that the minutes be approved.
Rep. Powers seconded.
Adopted.
3. The Committee discussed the following final proposals and proposed interim rules (Consent Agenda – Final Proposals and Proposed Interim Rules):
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FP 2006-176 |
POLICE STANDARDS AND TRAINING COUNCIL Organizational Rule Revisions |
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FP 2006-177 |
POLICE STANDARDS AND TRAINING COUNCIL Law Enforcement Officers' Safety Act of 2004 |
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FP 2007-6 |
DEPARTMENT OF LABOR Elevator and Accessibility Lift Inspection, Licensing and Reporting Procedures |
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FP 2007-17 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Recordkeeping Requirements |
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FP 2007-18 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Fuel Analysis Requirement for Suppliers of Liquid or Solid Fuel |
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INT 2007-8 |
DEPARTMENT OF SAFETY Certification of Additional Truck Weights Interim Rule |
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INT 2007-12 |
NEW MOTOR VEHICLE ARBITRATION BOARD Various New Motor Vehicle Arbitration Board Interim Rules |
Rep.
Schmidt moved that the Committee approve the final proposals and proposed
interim rules.
Rep.
Millham seconded.
Adopted.
4. The Committee discussed whether to postpone action on certain items to another meeting.
Sen. DeVries moved that the Committee postpone action on the following items to the continued Committee meeting on May 4, 2007:
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13. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) FP 2007-1 |
Former
Division of Public Health Services Lead
Poisoning Prevention and Control Rules (JLCAR Deadline May 18, 2007.) |
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(b) FP 2007-23 |
Division of Elderly and Adult Services Nursing Facility Reimbursement Amendments (JLCAR
Deadline May 21, 2007. Existing
emergency rules will expire May 30, 2007.) |
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14. FP 2006-168 |
INSURANCE
DEPARTMENT Claim Settlement (JLCAR Deadline May 21, 2007.) |
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15. FP 2007-2 |
BOARD
FOR THE LICENSING AND REGULATION OF PLUMBERS Fees (JLCAR Deadline May 17, 2007.) |
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16. Remaining Responses to
Preliminary Objections made in March 16, 2007 Meeting But Not Yet Received |
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(a) OR 2006-11 |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Water Quality and Quantity Programs Sludge Management Rules (JLCAR
Deadline June 19, 2007.) |
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OTHER BUSINESS |
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17. Other |
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Sen. Cilley seconded.
Adopted.
5. The Committee discussed Final Proposal 2006-142 from the Board of Dental Examiners (Practice and Procedure). Dr. Raymond Jarvis testified for the Board.
Sen. Kenney arrived during the discussion of this item. Rep. Pilotte then appointed Sen. Kenney as an alternate for Sen. Letourneau, who was absent.
Sen. DeVries moved that the Committee approve Final Proposal 2006-142 with the recommendation that the Board, in a future rulemaking proceeding, (1) clarify the language of Den 210.03(b) regarding what constitutes “good cause”; (2) insert “after seeking advice from its legal counsel” immediately after “the board” in the introductory language of Den 208.08(e); and (3) remove the inconsistency in record retention provisions in Den 207.02(o) and Den 209.04(e).
Rep. Powers seconded.
Adopted.
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6. The Committee discussed the following final proposals which were conditionally approved by the Committee on the dates indicated. Also noted below are the agency responses and subsequent confirmation by the Office of Legislative Services that the proposals had been amended as conditionally approved. No further Committee action was required, and none was taken. Conditionally Approved March 16,
2007: |
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FP 2006-193 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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Former Division of Public Health Services Laboratories and Laboratory Services (Response
received and confirmed 3-21-07.) |
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FP 2006-194 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Collection Station Rules (Response
received and confirmed 3-21-07.) |
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Conditionally Approved March 30, 2007: |
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FP 2006-190 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Commissioner Rules of Practice and Procedure (Response
received 4-5-07 and confirmed 4-6-07.) |
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FP 2006-195 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Catastrophic Illness Program (Response
received 4-4-07 and confirmed 4-6-07.) |
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FP 2006-191 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and
Developmental Services Community Mental Health Services (Response
received 4-4-07 and confirmed 4-6-07.) |
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FP 2006-167 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Rules for Sanitary Production and Distribution of Food – (Response
received 4-4-07 and confirmed 4-5-07.) |
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Conditionally Approved April 6, 2007: |
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FP 2007-4 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former
Division of Human Services The Deficit Reduction Act of 2005 and Temporary Assistance for Needy
Families (TANF) Program Changes (Response received 4-12-07and confirmed
4-17-07.) |
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FP 2007-3 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Division
of Elderly and Adult Services Adult Protection Program (Response received 4-12-07 and confirmed
4-13-07.) |
7. The Committee discussed Final Proposal 2006-197
from the Board of Medicine (Rules Regarding Physicians Licensed or Applying for
a License in
Sen. DeVries moved that the Committee make
a preliminary objection to Final Proposal 2006-197 on the grounds as outlined
in the annotations to the Final Proposal by Administrative Rules Director
Eaton.
Rep. Millham seconded.
Adopted.
8. The Committee discussed the response by the
Board of Medicine to the Committee’s preliminary objection to Final Proposal
2006-150 (Rules Regarding Practice and Procedures for Physicians Licensed in
Sen. DeVries moved that the Committee make
a revised objection, as requested, to the preliminary objection response.
Rep. Powers seconded.
Adopted.
9. The Committee discussed Final Proposal
2006-198 from the Board of Examiners of Nursing Home Administrators (Rules
Regarding License Fees and Renewal of Registration for Nursing Home
Administrators).
Sen. DeVries moved that the Committee
approve Final Proposal 2006-198 with the recommendation that that Board seek
statutory changes to RSA 151-A:4-a, 151-A:5, and 151-A:6 to address (1) the
Board’s requirements of a national examination and a separate, state examination
for candidates for licensure, and (2) the Board’s allowing examination fees to
be established by the national organization or testing organization that holds
the examinations.
Rep. Millham seconded.
Adopted.
10. The Committee discussed Proposed Interim Rule
INT 2007-5 from the Department of Labor (Payment of Wages and Requirements of
Employers). Cynthia Flynn testified for
the Department.
Sen. DeVries moved that the Committee
approve Proposed Interim Rule INT 2007-5.
Rep. Millham seconded.
Adopted.
11. After a break, with Reps. Pilotte, Schmidt,
Powers and Millham, and Sens. Cilley and DeVries present, the Committee
discussed Proposed Interim Rule INT 2007-11 from the Department of Health and
Human Services (Former Division of Mental Health and Developmental Services,
Medical Assistance Provided by Education Agencies). Ken Nielsen testified for the Department, and
Michele Beasley and Barbara Reed also represented the Department.
Sen. DeVries moved that the Committee
approve Proposed Interim Rule INT 2007-11.
Sen. Cilley seconded.
Adopted.
12. The Committee discussed Final Proposal 2007-20
from the Department of Health and Human Services (Former Division of Public
Health Services, Newborn Screening and Newborn Hearing Screening). Kate Frey and Lisa Bujno testified for the
Department.
Rep. Powers moved that the Committee
approve Final Proposal 2007-20.
Sen. DeVries seconded.
Adopted.
**13. The Committee discussed Proposed Interim Rule
INT 2007-9 from the Department of Environmental Services (Division of Water,
Site Selection of Small Production Wells for Community Water Systems). Gretchen Hamel testified for the Department.
Sen. Cilley moved that the Committee
approve Proposed Interim Rule INT 2007-9.
Rep. Schmidt seconded.
Adopted.
**14. The Committee discussed Proposed Interim Rule
INT 2007-10 from the Department of Environmental Services (Division of Water,
Site Selection of Large Production Wells for Community Systems). Gretchen Hamel testified for the Department.
Sen. DeVries moved that the Committee
approve Proposed Interim Rule INT 2007-10.
Rep. Schmidt seconded.
Adopted.
**15. The Committee discussed Final Proposal 2007-10
(Air Related Programs, Recordkeeping and Reporting Obligations) and Final
Proposal 2007-9 (Air Related Programs, Federal Standards Annual Update) from
the Department of Environmental Services.
Gretchen Hamel and Brian Jennison testified for the Department.
Rep. Schmidt moved that the Committee
approve Final Proposal 2007-10.
Sen. DeVries seconded.
Adopted.
**16. The Committee continued to discuss Final
Proposal 2007-9 from the Department of Environmental Services (Air Related
Programs, Federal Standards Annual Update).
Gretchen Hamel testified for the Department.
Sen. DeVries moved that the Committee
approve Final Proposal 2007-9.
Rep. Schmidt seconded.
Adopted.
17. The Committee discussed Final Proposal 2007-15
from the Department of Environmental Services (Water Quality and Quantity
Programs, Clean Water Revolving Loan Fund).
Gretchen Hamel and Gretchen Rich testified for the Department.
Rep. Schmidt moved that the Committee
conditionally approve Final Proposal 2007-15 on the condition that Env-Wq
506.08(e)(2) be amended by deleting “no sooner than” and inserting “working”
before “days” so that the paragraph reads: “Specify a date by which the
recipient must respond to the request, which shall be 20 working days from the
date of the notice.”
Rep. Powers seconded.
Adopted.
18. Because of a request from the Insurance Department
for postponement of Final Proposal 2006-168 to the meeting on May 18, 2007, the
Committee discussed reconsideration of the Committee’s vote earlier in the
meeting to postpone certain items to the meeting on May 4, 2007.
Sen. DeVries moved that the Committee
postpone the afternoon agenda to the meeting on May 4, 2007, except for Final
Proposal 2006-168 from the Insurance Department, which would be postponed to
the meeting on May 18, 2007.
Rep. Powers seconded.
After further discussion, the motion and
second were withdrawn, and Rep. Schmidt moved that the Committee reconsider its
vote to postpone certain items to the meeting on May 4, 2007.
Sen. Cilley seconded.
Adopted.
Sen. Cilley moved that the Committee
postpone the following items on the tentative agenda to the continued Committee
meeting on May 4, 2007:
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13. DEPARTMENT OF HEALTH AND HUMAN
SERVICES |
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(a)
FP 2007-1 |
Former
Division of Public Health Services Lead
Poisoning Prevention and Control Rules (JLCAR Deadline May 18, 2007.) |
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(b) FP 2007-23 |
Division of Elderly and Adult
Services Nursing
Facility Reimbursement Amendments (JLCAR
Deadline May 21, 2007. Existing
emergency rules will expire May 30, 2007.) |
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15. FP 2007-2 |
BOARD FOR THE LICENSING AND REGULATION OF
PLUMBERS Fees (JLCAR
Deadline May 17, 2007.) |
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16. Remaining Responses to Preliminary Objections made in March 16, 2007 Meeting But Not Yet Received by Committee Staff. |
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(a) OR 2006-11 |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Water Quality and Quantity Programs Sludge Management Rules (JLCAR
Deadline June 19, 2007.) |
Rep. Powers seconded.
Adopted.
Rep. Schmidt then moved that the Committee
postpone the following item to the regular Committee meeting on May 18, 2007:
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14. FP 2006-168 |
INSURANCE
DEPARTMENT Claim
Settlement (JLCAR
Deadline May 21, 2007.) |
Rep. Millham seconded.
Adopted.
19. Rep. Powers moved that the Committee recess to
May 4, 2007.
Rep. Schmidt seconded.
Adopted.
The Committee recessed at 12:40 p.m.