JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

SEPTEMBER 4, 2008

 

 

Members Present:   Representatives Pilotte, MacKay, Schmidt, Millham*, Gottling*, and Boyce*, and Sen. 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 Committee was convened at 9:00 a.m. by Rep. Pilotte as Chair.

 

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

 

     Rep. Pilotte appointed Reps. Millham, Gottling, and Boyce as alternates, respectively, for Rep. Patten, Rep. Powers, and Sen. Letourneau, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on August 21, 2008.

 

     Sen. DeVries arrived as the discussion began on this item.

 

     Rep. Millham moved that the minutes be approved.

 

     Rep. Boyce seconded.

 

     Adopted.

 

     Rep. Pilotte noted for the record that Rep. Boyce did not vote.

 

3.  The Committee discussed Final Proposal 2008-36 from the Department of Labor (Certification of Vocational Rehabilitation Providers).  Deloris Jay testified for the Department.

 

     The Department had submitted a request for conditional approval on August 29, 2008 with an amended rule.

 

     Rep. Powers arrived during the discussion of this item.

 

     Since Rep. Powers was now present, Rep. Pilotte appointed Rep. Gottling as an alternate for Sen. Cilley, who was absent.

 

     Rep. MacKay moved that the Committee conditionally approve Final Proposal 2008-36 as requested.

 

     Rep. Schmidt seconded.

 

     Adopted. 

 

4.  The Committee discussed the response of the Department of Agriculture, Markets and Food to the Committee’s preliminary objection to Final Proposal 2008-37 (Nursery and Nursery Stock). 

 

     The Committee took no action at this time.

 

5.  The Committee discussed the response of the Board of Education to the Committee’s preliminary objection to Final Proposal 2007-221 (Modern Language, Reading and Writing Specialist, Social Worker and Dance; Also Certification for Physical Education, Classical Languages, and Music).

 

     The Committee took no action at this time.

 

6.  The Committee discussed the response of the Pharmacy Board to the Committee’s preliminary objection to Final Proposal 2008-40 (Mail-Order Pharmacies). 

 

     The Committee took no action at this time.

 

7.  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 regular Committee meeting on September 18, 2008:

 

16. OR 2008-37

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Nursery and Nursery Stock

(JLCAR Deadline September 30, 2008.)

 

 

18. OR 2007-221

BOARD OF EDUCATION

Modern Language, Reading & Writing Specialist, Social Worker and Dance;  Also Certification for Physical Education, Classical Languages, and Music

(No JLCAR Deadline.  Agency's objection response deadline of August 11, 2008 has been waived.)

 

 

19. OR 2008-40

PHARMACY BOARD

Mail-Order Pharmacies

(JLCAR Deadline October 22, 2008.)

 

     Rep. Gottling seconded.

 

     Adopted.

 

8.  Rep. Boyce moved that the Committee adjourn.

 

     Sen. DeVries seconded.

 

     Adopted.

 

     The Committee adjourned at 9:21 a.m., effectively postponing the following additional items to the regular Committee meeting on September 18, 2008:

 

17. Remaining Responses to Preliminary Objections Made in June 20, 2008 Meeting But Not Yet Received by Committee Staff:

 

 

OR 2007-220

Liquor Commission

License Information Requirements

(No JLCAR Deadline.  Agency's objection response deadline of August 4, 2008 has been waived.)

 

 

20. Remaining Responses to Preliminary Objections Made in July 31, 2008 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2008-84

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Community Residences at the Residential Care and Supported Residential Care Level

(JLCAR Deadline November 4, 2008.)

 

 

(b)  OR 2008-72

BOARD OF REGISTRATION IN OPTOMETRY

Out-of-State Contact Lens Dispensers, Continuing Education for Optometrists, Standard of Conduct, and Contact Lens Follow-up Care

(JLCAR Deadline November 4, 2008.)

 

 

OTHER BUSINESS

 

21. Other