JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
MAY 15, 2009
Members Present: Representatives Pilotte, Patten, Gottling, Millham, Boyce*,
(**) 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 9:00 a.m. by Rep. Pilotte as Vice-Chair.
Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Gottling, Boyce, Kidder, and Sad.
Sen. Merrill arrived after the meeting was convened.
Rep. Pilotte appointed Reps. Boyce, Sad, and Kidder as alternates, respectively, for Sen. Letourneau, Rep. Schmidt, and Rep. Millham, who were absent.
2. The Committee discussed the minutes of the Committee
meeting on April 17, 2009.
Rep. Patten moved that the minutes be
approved.
Rep. Boyce seconded.
Adopted.
3. The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):
FP 2009-6 |
BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG USE
PROFESSIONALS Initial Certification and Licenses |
|
|
FP 2009-14 |
BOARD OF EDUCATION Parental Refusal of Consent: Initiation of Due Process Hearing By Local Education Agency (LEA) |
|
|
FP 2009-25 |
DEPARTMENT OF
RESOURCES AND ECONOMIC DEVELOPMENT Bureau Trail Use Rules |
|
|
FP 2009-31 |
DEPARTMENT
OF RESOURCES AND ECONOMIC DEVELOPMENT Natural Heritage Program Rules |
|
|
FP 2009-34 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Office of Alcohol & Drug Abuse Prevention Operational Requirements for Opioid Detoxification and Methadone Maintenance, Treatment and Rehabilitation Programs |
|
|
Rep. Gottling moved that Final Proposal
2009-14 be taken off consent.
Rep. Patten seconded.
Adopted.
Rep. Patten moved that the final proposals,
except for Final Proposal 2009-14, be approved.
Rep. Boyce seconded.
Adopted.
4. The Committee discussed the response of the
Department of Health and Human Services to the Committee’s preliminary
objection to Final Proposal 2009-21 (Former Division of Public Health Services,
Ophthalmic Dispensing Continuing Education).
The Department had withdrawn the Final
Proposal in response to the objection as indicated in a letter dated May 14,
2009.
The Committee took no further action.
Sen. Cilley arrived during the discussion
of this item.
5. The Committee discussed Final Proposal 2009-14
from the Board of Education (Parental Refusal of Consent: Initiation of Due Process Hearing by Local
Education Agency (LEA).) Santina
Thibodeau and Terry Brune testified for the Board.
Rep. Millham arrived as the discussion of
this item began. Rep. Pilotte therefore
appointed Rep. Kidder as an alternate for Sen. Fuller Clark, who was absent.
Sen. Carson arrived after this appointment. Rep. Pilotte then appointed Sen. Carson as an
alternate for Sen. Fuller Clark. Rep.
Kidder at this time was a non-voting member.
Gerald M. Zelin then testified.
Rep. Taylor arrived during Mr. Zelin’s
testimony, but at this time Rep. Taylor was a non-voting member.
Assistant Superintendent Brian Balke from
the
Rep. Patten moved that the Committee
approve Final Proposal 2009-14 with the recommendation that the Board undertake
new rulemaking to address the comments on public testimony, for which a
transcript will be prepared.
Sen. Merrill seconded.
Adopted.
Rep. Pilotte noted for the record that Rep. Boyce voted “no”.
6. The Committee discussed the response of the
Department of Resources and Economic Development to the Committee’s preliminary
objection to Final Proposal 2008-221 (Rules for the Job Training Program). Leanne Lavoie testified for the Department.
Leanne Lavoie requested, on behalf of the
Department, a revised objection based on the grounds indicated in Committee
staff’s annotations to the response to the preliminary objection.
Rep. Patten moved that the Committee make a
revised objection to Final Proposal 2008-221 as requested.
Rep. Boyce seconded.
Adopted.
7. The Committee discussed Proposed Interim Rule
INT 2009-11 from the Department of Safety (Interim Various Display Fireworks
Rules). Marta Modigliani testified for
the Department.
Rep. Patten moved that the Committee
approve Proposed Interim Rule INT 2009-11 with the recommendation that the
Department address in the regular rulemaking proceeding the concerns raised by
the Committee, which will be available in a transcript.
Sen. Carson seconded.
Adopted.
8. The Committee discussed Final Proposal
2008-264 from the Department of Safety (Readoption of Safe Boater Education
Rules). Marta Modigliani and David
Barrett testified for the Department.
Rep. Patten moved that the Committee
approve Final Proposal 2008-264 with the recommendation that the Department
address in future rulemaking the issues of home study and internet study courses
but otherwise address policy changes through legislation.
Sen. Carson seconded.
Adopted.
9. After a break, with Reps. Pilotte, Patten,
Gottling, Boyce, Kidder, and Sad, and Sens. Merrill and
Rep. Millham returned to the meeting as
the discussion on this item began.
Rep. Pilotte appointed Rep. Kidder as an
alternate for Sen. Cilley, who was absent.
Rep. Patten moved that the Committee
approve Proposed Interim Rule INT 2009-10.
Sen. Carson seconded.
Adopted.
10. The Committee discussed the response of the
Department of Environmental Services to the Committee’s preliminary objection
to Final Proposal 2008-260 (Air Related Programs, Carbon Dioxide (CO2)
Offset Projects.). Gretchen Hamel, Joanne
Morin, and Joseph Fontaine testified for the Department.
Sen. Cilley returned to the meeting during
the discussion of this item. Rep. Kidder
therefore was no longer a voting member.
Thereafter, Rep. Taylor returned to the
meeting. Sens. Carson and Cilley left, and Rep. Kidder was a voting member
again.
Rep. Millham moved that the Committee
accept the response and approve the rules, with (1) the recommendation to the
Director of the Office of Legislative Services that she accept as an editorial
change in the adopted rule the replacement of the words “guided by” in Env-A
4704.04(a)(1) with “with awareness of”, and (2) the understanding that the
editorial change noted in the Committee staff comment to Env-A 4710.05(c) does
not have to be made.
Rep. Patten seconded.
Adopted.
11. The Committee discussed Final Proposal 2009-23
from the Board of Directors, Office of Licensed Allied Health Professionals
(Organizational Rules). Tina Kelley
testified for the Board.
Rep. Patten left the meeting during the
discussion of this item. Rep. Pilotte
then appointed Rep. Taylor as an alternate for Rep. Patten.
Rep. Gottling moved that the Committee
approve Final Proposal 2009-23 with the recommendation to the Director of the
Office of Legislative Services that she accept as editorial changes in the
adopted rule (1) the replacement of the words “public records” with
“governmental records open to the public” in Ahp 103.05(a), and (2) the
replacement of “board’s records” in Ahp 104.03(a), and “board records” in Ahp
104.03(b) and (c), with “board’s governmental records”.
Rep. Sad seconded.
Adopted.
12. The Committee discussed Final Proposal 2009-32
from the Department of Administrative Services (Plant and Property Management
Rule Revisions). Thomas Kehr and Michael
Connor testified for the Department.
Rep. Taylor moved that the Committee
approve Final Proposal 2009-32.
Sen. Merrill seconded.
Adopted.
13. The Committee discussed Final Proposal 2009-30
from the Department of Health and Human Services (Former Division of Mental
Health and Developmental Services, Certification of Residential Services,
Combined Residential and Day Services or Day Services Provided in the Family
Home). Kenneth Nielsen represented the
Department.
The Committee took no action at this time
but proceeded to the next item.
14. The Committee discussed Final Proposal 2009-33
from the Department of Health and Human Services (Former Division of Human
Services, Hearing Aid Service). Michael
Holt and Jane Hybsch testified for the Department.
Eliza Evans, representing the N.H. Academy
of Audiology, also testified.
Rep. Boyce moved that the Committee
approve Final Proposal 2009-33.
Rep. Kidder seconded.
Adopted.
15. The Committee resumed discussion of Final
Proposal 2009-30 of the Department of Health and Human Services (Former
Division of Mental Health and Developmental Services, Certification of
Residential Services, Combined Residential and Day Services or Day Services
Provided in the Family Home). Kenneth
Nielsen testified for the Department.
Sen. Merrill left the meeting as the
discussion of this item began.
Rep. Taylor moved that the Committee
approve Final Proposal 2009-30.
Rep. Kidder seconded.
Adopted.
16. Rep. Kidder moved that the Committee adjourn.
Rep. Gottling seconded.
Adopted.
The Committee adjourned at 12:42 p.m. with
the consensus to cancel the continued meeting on June 5th.
The following item was thereby affectively
postponed to the next regular Committee meeting on June 19, 2009:
12. Response to Preliminary Objections Made in
April 17, 2009 Meeting But Not Yet Received by |
|
|
|
(a) OR 2009-19 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs (JLCAR
Deadline July 21, 2009.) |