JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

SEPTEMBER 20, 2007

 

 

Members Present:   Representatives Pilotte, MacKay, Schmidt, Millham*, and Casey*, and Senators Cilley, Letourneau, and Downing.  (*)  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 Items #5, 6, and 12.  However, those items were approved).

 

1.  The Committee was convened at 9:04 a.m. by Rep. Pilotte as Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. MacKay, Schmidt, Millham, and Casey, and Sen. Downing.

 

     Rep. Pilotte appointed Reps. Millham and Casey as alternates, respectively, for Reps. Patten and Mitchell, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on September 6, 2007.

 

     Rep. Millham moved that the minutes be approved.

 

     Rep. Downing seconded.

 

     Adopted.

 

3.  The Committee discussed whether to postpone items to another meeting.

 

     No action to postpone was taken.

 

4.  The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):

 

FP 2007-57

 

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Organizational Rules

(JLCAR Deadline September 24, 2007.)

 

 

FP 2007-58

 

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Procedural Rules

(JLCAR Deadline September 24, 2007.)

 

 

FP 2007-59

 

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Procedures for the Receipt of Misconduct Complaints and the Conduct of Disciplinary

Hearings; Settlements; Explanation of Adopted Rules; Voluntary Surrender of License

(JLCAR Deadline September 24, 2007.)

 

 

FP 2007-70

 

PESTICIDE CONTROL BOARD

Public Hearings; Condition for Granting "Special Permits";

Pesticide Applications within 25 Feet of the Reference Line

(JLCAR Deadline October 15, 2007.)

 

 

FP 2007-73

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

De-Identification of Information

(JLCAR Deadline October 8, 2007.)

 

 

FP 2007-90

 

BOARD OF ACCOUNTANCY

Organizational Rules

(JLCAR Deadline October 22, 2007.  Former rules expired July 25, 2007.)

 

 

FP 2007-91

 

BOARD OF ACCOUNTANCY

Practice and Procedure (Non-Expiring)

(JLCAR Deadline October 22, 2007.  Former rules expired July 25, 2007.)

 

 

FP 2007-93

 

FISH AND GAME DEPARTMENT

2008 Fishing Rules

(JLCAR Deadline October 19, 2007.)

 

 

FP 2007-94

 

FISH AND GAME DEPARTMENT

Bait Dealer Rules and Trophy/State Record Fish Program Rules

(JLCAR Deadline October 19, 2007.)

 

 

FP 2007-105

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to the Community Spouse Resource Allowance

(JLCAR Deadline October 8, 2007.)

 

 

FP 2007-106

 

PARI-MUTUEL COMMISSION

Racing with Elevated Total Carbon Dioxide Concentration

(JLCAR Deadline September 28, 2007.)

 

 

FP 2007-114

DEPARTMENT OF REVENUE ADMINISTRATION

New Hampshire Taxpayer Identification Number

(JLCAR Deadline October 22, 2007.)

 

 

FP 2007-115

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Groundwater Sources of Bottled Water

(JLCAR Deadline October 22, 2007.)

 

 

 

     Rep. MacKay moved that the Committee approve the final proposals.

 

     Rep. Casey seconded.

 

     Adopted.

 

**5. The Committee discussed Proposed Interim Rule INT 2007-22 from the Department of Environmental Services (Division of Water, Capacity Assurance for Existing Public Water Systems).  Gretchen Hamel testified for the Department.

 

        Rep. Millham moved that the Committee approve Proposed Interim Rule INT 2007-22.

 

        Rep. Schmidt seconded.

 

        Adopted.

 

**6. The Committee discussed Proposed Interim Rule INT 2007-23 from the Department of Environmental Services (Division of Water, Capacity Assurance for Proposed Public Water Systems).  Gretchen Hamel testified for the Department.

 

     Sen. Cilley arrived during the discussion of this item.

 

     Rep. Schmidt moved that the Committee approve Proposed Interim Rule INT 2007-23 with the understanding that the agency in the regular rulemaking proceeding would address the annotations to the Proposed Interim Rule by Administrative Rules Director Eaton.

 

     Rep. MacKay seconded.

 

     Adopted.

 

7.  The Committee discussed Proposed Interim Rule INT 2007-24 from the Department of Employment Security (Training Fund).  Lon Siel and Jill Revels testified for the Department.

 

     Sen. Letourneau arrived during the discussion of this item.

 

     Sen. Downing moved that the Committee approve Proposed Interim Rule INT 2007-24.

 

     Rep. Millham seconded.

 

     Adopted.

 

8.  The Committee discussed Proposed Interim Rule INT 2007-25 from the Department of Health and Human Services (Former Division of Human Services, Independent Coverage Review; Service Limits; Non-Covered Services and Co-Payments; Durable Medical Equipment, Prosthetic and Orthotic Devices, and Medical Supplies).  Michael Holt and Kathleen Dunn testified for the Department.

 

     Rep. Thomas Donovan also testified.

 

     Sen. Letourneau left during the discussion of this item.

 

     Rep. MacKay moved that the Committee approve Proposed Interim Rule INT 2007-25.

 

     Rep. Schmidt seconded.

 

     Adopted.

9.  The Committee discussed Final Proposal 2007-116 from the Department of Health and Human Services (Commissioner, Treatment Plan Components for Sexually Violent Predators).  John Wallace and Geoffrey Souther testified for the Department of Health and Human Services, and Robert MacLeod testified for the Department of Corrections.

 

     Rep. Schmidt moved that the Committee approve Final Proposal 2007-116.

 

     Rep. Casey seconded.

 

     Adopted.

 

10.  After a break, with Reps. Pilotte, Schmidt, Millham, and Casey, and Sens. Cilley and Letourneau present, the Committee discussed Final Proposal 2007-60 from the Governing Board of Recreational Therapists (Requirements for Licensees).  Trudy Mott-Smith of the Department of Administrative Services and Deborah Robinson, Board member, testified for the Board.

 

      Rep. MacKay returned during the discussion of this item.

 

      The Board had requested a conditional approval with an amended rule dated September 20, 2007 but submitted on September 17, 2007.

 

      Rep. Millham moved that the Committee conditionally approve Final Proposal 2007-60 as requested with a further amendment to add “pursuant to Rec 200” after references to “adjudicative hearing” in Rec 304.07 (b)(1)d. and (b)(2).

 

      Rep. Casey seconded.

 

      Adopted. 

 

11.  The Committee discussed Final Proposal 2007-81 from the Board for the Licensing and Regulation of Plumbers (Revocation, Suspension and Other Sanctions).  Trudy Mott-Smith from the Department of Administrative Services testified from the Board.

 

      The Board had requested a conditional approval with an amended rule dated September 20, 2007 but submitted on September 19, 2007.

 

      Rep. MacKay moved that the Committee conditionally approve Final Proposal 2007-81 as requested.

 

      Sen. Letourneau seconded.

 

      Adopted.

 

**12. The Committee discussed Final Proposal 2007-97 from the Department of Safety (Various Motor Vehicle Registration Rules).  Sheri Kelloway and Kelly Brudniak testified for the Department. 

 

         Rep. Casey moved that the Committee approve Final Proposal 2007-97.

 

         Rep. Millham seconded.

 

         Adopted.

 

13.  The Committee discussed Final Proposal 2007-109 from the Department of Safety (Certification for Additional Truck Weights Rules).  Sheri Kelloway and Sgt. John Begin testified for the Department.  Rep. Schmidt moved that the Committee approve Final Proposal 2007-109 with the recommendation that the Department seek legislation to clarify the authority to deny reapplication as stated in Saf-C 4102.04 (c)(2) after revocation of a certificate.

 

      Rep. MacKay seconded.

 

      Adopted.

 

14.  The Committee discussed Final Proposal 2007-98 from the New Motor Vehicle Arbitration Board (Motor Vehicle Arbitration Board Rules).  Sheri Kelloway from the Department of Safety testified for the Board.

 

      Sen. Letourneau moved that the Committee approve Final Proposal 2007-98 with the recommendation that the Board address in a future rulemaking proceeding the annotations to the Final Proposal by Committee Attorney Morrell relative to rules required by RSA 541-A:16, I(b)(3), (c), and (d) regarding rulemaking hearings, petitions for rulemaking, and petitions for declaratory rulings, and RSA 541-A:11, VII on explanation of rules.

 

      Rep. Schmidt.

 

      Adopted.

 

15.  The Committee discussed Final Proposal 2007-82 from the Board of Accountancy (Procedural Rules
(8-Year Provisions); Certification, Registration, and Permit Requirements; Continued Status; Ethics).  Richard Hanson, Board member; Richard Nusbaum, rule writer for the Board; and Louise Romeo testified for the Board.

 

      The Board submitted in the meeting a conditional approval request with Incorporation by Reference Statements on rule amendments.

 

      Sen. Cilley left the meeting during the discussion of this item.

 

      The following persons also testified:

 

            Joel Olbright, representing the N.H. Society of Certified Public Accountants.

            John Sparkman of Devine and Millimet represented the N.H. Society of Public Accountants.

 

      Rep. Schmidt moved that the Committee make a preliminary objection to Final Proposal 2007-82 based upon the written testimony of the N.H. Society of Certified Public Accountants, including “administrative comments”, and the portion of the final proposal addressed in the amended rules in the Board’s conditional approval request.

 

      Sen. Letourneau seconded.

 

      Adopted.

 

16.  The Committee discussed the response of the Insurance Department to the Committee’s preliminary objection to Final Proposal 2007-36 (Continuing Care Retirement Communities).  Deborah O’Loughlin testified for the Department.

 

      Rep. Casey moved that the Committee accept the response and approve the rules.

 

      Sen. Letourneau seconded.

 

      Adopted.

 

17.  Rep. Schmidt moved that the Committee adjourn. 

 

      Sen. Letourneau seconded.

 

      Adopted.  The Committee adjourned at 12:55 p.m.

 

      It was the consensus of the Committee that there would be no continued meeting, effectively postponing consideration of the following items to the next regularly scheduled meeting on October 18:

 

16. Remaining Responses to Preliminary Objections Made in August 16, 2007 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2007-87

 

DEPARTMENT OF SAFETY

Pilot Speed Zone on Lake Winnipesaukee

(JLCAR Deadline November 22, 2007.)

 

 

17. Remaining Responses to Preliminary Objections Made in September 6, 2007 Meeting But Not Yet Received by Committee Staff:

 

(a)  OR 2007-21

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Medical Assistance Services Provided by Education Agencies

(JLCAR Deadline December 11, 2007.  Existing interim rules will expire
October 22, 2007.)

 

 

OTHER BUSINESS

 

18. Other