Joint Legislative Committee on Administrative Rules
Action Minutes
APRIL 7, 2006
Members Present: Representatives
Patten, Allan, Bicknell, Millham*,
(**)
Part 1, Article 28-a was not an issue in
the Committee’s discussions or decisions in this meeting.
1. The meeting was convened at 9:04 a.m. by Rep.
Patten as Vice Chair.
Members present at this time, aside from
Rep. Patten, were Reps. Allan, Millham, and Dokmo, and Sens. Flanders, Clegg,
and Letourneau.
Rep. Patten appointed Reps. Dokmo and
Millham as alternates, respectively, for Reps. Bicknell and Wall, who were
absent.
2. The Committee discussed the minutes of the
regular Committee meeting on March 24, 2006.
Rep.
Allan moved that the minutes be approved.
Sen.
Flanders seconded.
Adopted.
3. The Committee discussed whether to postpone
any items to the next Committee meeting.
Sen. Clegg moved that the Committee postpone the following item to the Committee meeting on April 21, 2006:
OR 2005-117 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Commissioner Maximum
Reimbursement for Residential Child Care Rate Setting (JLCAR Deadline May 23, 2006.) |
Sen. Flanders seconded.
Adopted
Rep. Mitchell arrived at this time. Rep. Patten appointed Rep. Mitchell as an
alternate for Sen. Estabrook, who was absent.
4. The
Committee discussed Final Proposal 2005-177 from the Insurance Department (Ins
1901 Minimum Standards for Accident and Health Insurance). Deborah O’Loughlin and Maureen Hartsmith
testified for the agency.
Rep.
Pilotte, Rep. Carson, and Rep. Bicknell arrived during the discussion of this
item. Rep. Patten appointed Rep. Pilotte
as an alternate for Sen. Estabrook, who was absent. Since Rep. Bicknell was present, Rep. Dokmo
was no longer voting. Rep. Carson was
also not voting as she had not yet been appointed as an alternate.
Mark
Vattes, representing Anthem Blue Cross/Blue Shield, also testified.
Rep.
Bicknell moved that the Committee approve Final Proposal 2005-177.
Rep.
Pilotte seconded.
Adopted.
5. The Committee discussed Proposed Interim Rule
INT 2006-10 from the Department of Health and Human Services (Former Division
of Human Services, Recovery of Erroneously Disbursed Child Support Payments). Ernest (Greg) Allen testified for the agency.
Rep. Allan moved that the Committee approve
Proposed Interim Rule INT 2006-10.
Sen. Flanders seconded.
Adopted
6. The Committee discussed Final Proposal
2005-224 from the Department of Health and Human Services (Former Division of Mental
Health and Developmental Services, Staff Qualifications and Staff Development
Requirements for Developmental Service Agencies). Ken Nielsen testified for the agency.
Sen. Flanders moved that the Committee
approve Final Proposal 2005-224.
Rep. Bicknell seconded.
Adopted.
7. The Committee discussed Final Proposal 2006-6
from the Department of Health and Human Services (Former Division of Human
Services, Vision Services). Dawn Landry
and Jane Hybsch testified for the agency.
Rep. Allan moved that the Committee approve
Final Proposal 2006-6.
Sen. Clegg seconded.
Adopted.
8. The Committee discussed the request by the
Department of Health and Human Services to the Office of Legislative Services
to make changes to adopted rules He-W 700 (Document #8388, effective
7-8-05) as part of the rule certification process pursuant to RSA 541-A:15, I.
Sen. Clegg moved that the Committee
recommend to the Director of Legislative Services that she accept the requested
changes as editorial changes.
Sen. Letourneau seconded.
Adopted.
9. The Committee discussed the request by the
Public Utilities Commission to the Office of Legislative Services to make
changes to adopted rules Puc 400 (Document #8348, effective 5-10-05) as part of
the rule certification process pursuant to RSA 541-A:15, I.
Sen. Clegg moved that a special notice be
placed in the Rulemaking Register that the Committee, as the first
regular agenda item on April 21, 2006, will discuss and vote on the inadvertent
omission of pre-existing test in Puc 452.08 (f)(1)-(3).
Rep. Allan seconded.
Adopted.
10.The Committee discussed the notification by
the Public Utilities Commission to the Committee pursuant to RSA 541-A:30-a,
V(c) of the use of model rules Jus 800 of the Department of Justice relative to
adjudicative proceedings.
No further action was taken.
11.The Committee discussed the response by the
Board of Barbering, Cosmetology, and Esthetics to the Committee’s preliminary
objection to Final Proposal 2005-140 (Application Procedures, Licensing
Requirements, and Renewal Form). Lynda
Elliott testified for the Board.
It was the consensus of the Committee to
postpone this item to the Committee meeting on April 21 as the second item in
the regular agenda, have Sen. Clegg invite the Commissioner of the Department
of Labor to the meeting, and have the Board staff draft a legislative amendment
for Sen. Clegg giving the Board sole authority over apprenticeship programs,
with fee authority.
12. The
Committee briefly discussed as other business the letter to Rep. Patten dated
March 21, 2006 from the Lottery Commission relative to public access for
disabled persons seeking to purchase lottery tickets.
No
further action was taken.
13. Sen. Flanders moved that the Committee adjourn.
Rep. Allan seconded.
Adopted.
The Committee adjourned at 10:50 a.m.