JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR
MEETING
TENTATIVE
AGENDA
JANUARY 16, 2009 - 9:00 a.m.
ROOMS
305/307 LEGISLATIVE OFFICE BUILDING
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Senate
Members of JLCAR |
House
Members of JLCAR |
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Jacalyn L. Cilley |
Maurice L. Pilotte |
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Martha Fuller Clark |
Peter B. Schmidt |
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Amanda Merrill |
Betsey L. Patten |
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Robert J. Letourneau |
Suzanne H. Gottling |
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William P. Denley |
Alida I. Millham |
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Kathleen G. Sgambati
(Alt.) |
Laurie J. Boyce (Alt.) |
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Matthew S. Houde (Alt.) |
Kathleen N. Taylor (Alt.) |
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Betsi DeVries (Alt.) |
Kimberley S. Casey (Alt.) |
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Michael Downing (Alt.) |
(Alt.) |
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Sharon M. Carson (Alt.) |
(Alt.) |
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The times and
order specified for the agenda and items listed below are only tentative. The Committee may change the order or may change
the amount of time allotted for such items.
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1. 9:00 am Convene and Review Minutes |
8. 10:15 am FP
2008-227 He-W |
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9. 10:30 am FP's
2008-209, 211, & 212 Emp |
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Consent
Agenda |
& Disc. on ER |
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2. 9:05 am Final
Proposals |
10.
11:30 am FP's 2008-230 thru 234 Saf-C |
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3. 9:10 am Objection
Responses |
11. 1:00 pm LUNCH
BREAK |
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4. 9:12 am Preliminary
Objections |
12. 2:00 pm OR's
from 1-9-09 Meeting |
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Regular
Agenda |
Other Business |
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5. 9:13 am Postpone
Items |
13. 2:15 pm Other |
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6. 9:15 am INT's
2008-45, 46, & 47 Cor |
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7. 9:30 am FP
2008-192 Env-Hw |
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FP - Final Proposal
OR - Preliminary Objection Response
ROR - Revised Objection Response
ER - Emergency Rule
INT - Interim Rule
EXP - Expedited Repeal
1. Convene and Review
Minutes
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JLCAR Deadlines Noted Below: |
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For
OR's and ROR's: |
Deadline
is for sponsoring a joint resolution. |
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For
FP's: |
Deadline
is for approval, conditional approval, or preliminary objection. Otherwise,
rule is automatically approved. |
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For
INT's: |
Deadline
is for approval or conditional approval. |
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CONSENT
AGENDA |
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2. Committee
Approval of Final Proposals and Proposed Interim Rules: |
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(a) FP 2008-169 Approval |
GOVERNING BOARD OF PHYSICAL THERAPISTS Request for Board's Approval for Reasonable Accommodation
for Disability in the Administration of the National Physical Therapy
Examination (JLCAR
Deadline January 19, 2009.) |
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(b) FP 2008-199 Approval |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Division of Waste
Management Control of Aboveground
Petroleum Storage Facilities – Amendments (JLCAR Deadline February 16, 2009.) |
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(c) FP 2008-207 Approval |
DEPARTMENT OF EMPLOYMENT SECURITY Part-time Work Information (JLCAR
Deadline Februrary 13, 2009.) |
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(d) FP 2008-208 Approval |
DEPARTMENT OF EMPLOYMENT SECURITY Part-Time Availability and Shift Availability (JLCAR Deadline
February 13, 2009). |
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(e) FP 2008-210 Approval |
DEPARTMENT OF
EMPLOYMENT SECURITY Employer Requirements; Records and Reports (JLCAR
Deadline February 13, 2009.) |
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(f) FP 2008-213 Conditional Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental
Services Medicaid-Covered Home and Community-Based Care
Services for Persons with Developmental Disabilities and Acquired Brain
Disorders (JLCAR
Deadline February 16, 2009.) |
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(g) FP 2008-220 Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Commissioner Child
Care Provider Payment Rates (JLCAR Deadline February 6, 2009.) |
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(h)
FP 2008-226 Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Expiring
Rules Related to Eligibility for Adult Categories of Assistance When Living
in a Residential Care Facility, Community Residence, or Family Residence (JLCAR Deadline February 16, 2009.) |
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(i) FP 2008-228 Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Service
Limits, Co-Payments, and Non-Covered Services (JLCAR Deadline February 16, 2009.) |
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(j)
FP 2008-229 Conditional Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Mental Health and Developmental Services Secure
Psychiatric Unit Transfers (JLCAR Deadline February 16, 2009.) |
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(k) FP 2008-235 Approval |
DEPARTMENT OF SAFETY Automotive Oil Fee Fund Rules (JLCAR Deadline February 16,
2009.) |
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(l) INT 2008-44 Approval |
DEPARTMENT
OF SAFETY Interim
Electronic Toll Collection Hearings (JLCAR Deadline March 19, 2009. Implements HB 1604-FN (Chapter 84),
effective January 1, 2009.) |
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3. Committee
Acceptance of Agency Responses to Objections: |
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OR 2008-181 |
BOARD OF MEDICINE Fees Established by the Board and Standards of
Conduct for Physicians Licensed in New Hampshire (JLCAR
Deadline March 27, 2009. But this
proposal has been withdrawn. No
further Committee action is necessary.) |
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4. Committee
Issuance of Preliminary or Revised Objections to Final Proposals: |
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(No Items) |
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NOTE: The
following proposals were conditionally approved by the Committee on the dates
indicated. Also noted are whether there
are agency responses and subsequent confirmation by the Office of Legislative
Services that the proposals have been amended as conditionally approved. No further Committee action is required in
that case. |
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Conditionally Approved
November 6, 2008: |
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FP 2008-131 |
POSTSECONDARY EDUCATION
COMMISSION Rules Governing the Evaluation of Institutions of
Higher Learning (Response
not received yet.) |
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Conditionally
Approved December 18, 2008: |
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FP 2008-172 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Certification Payment Standards for Transportation
Service Providers (Response
received 12-31-08 and confirmed 12-31-08.) |
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FP 2008-113 |
BOARD OF SPEECH LANGUAGE PATHOLOGY Continued
Status (Response received 1-12-09 and confirmed 1-12-09.) |
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FP 2008-193 |
BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND
EMBALMERS Fee Schedule and Continuing Education Requirements (Response
not received yet.) |
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Conditionally Approved
January 9, 2009: |
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FP 2008-186 |
BOARD OF NURSING Various Provisions Related to: Qualifications,
Examinations, Renewals, On-going Requirements, Nursing and Nursing Assistant Education
Programs, Nursing Education Program Fees, and LNA Medication Administration
Certification (Response
not received yet.) |
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FP 2008-124 |
INSURANCE DEPARTMENT Suitability in Annuity Transactions (Response
not received yet.) |
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FP 2008-174 |
INSURANCE DEPARTMENT Medical Malpractice Liability Insurance (Response
not received yet.) |
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REGULAR AGENDA |
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5. Consider postponing action on certain items
to another meeting. |
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6. DEPARTMENT OF CORRECTIONS |
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(a) INT 2008-45 Approval |
Practice and Procedure (JLCAR
Deadline April 9, 2009. Existing rules
will expire February 6, 2009.) |
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(b) INT 2008-46 Approval |
Operation and Management of Correctional Department
Activities (JLCAR
Deadline April 9, 2009. Existing rules
will expire February 6, 2009.) |
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(c) INT 2008-47 Approval |
Offender Classification (JLCAR
Deadline April 9, 2009. Existing rules
will expire February 6, 2009.) |
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7. FP 2008-192 Approval |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Hazardous Waste Programs Hazardous Waste -
Identification; Requirements for Generators, Transporters, Facility
Owners/Operators, Recycling; Inspection/Enforcement; HW Cleanup Fund;
Universal Waste (JLCAR Deadline February 13, 2009. Existing
interim rules will expire January 28, 2009.) |
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8. FP 2008-227 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services General Program Information – Surveillance and
Utilization Review and Control (JLCAR
Deadline February 16, 2009.) |
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9. DEPARTMENT OF EMPLOYMENT SECURITY |
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(a) FP 2008-209 Approval |
Appeal to and Hearing by Appeal Tribunal; Format of
Documents; Delivery of Documents (JLCAR
Deadline February 13, 2009.) |
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(b) FP 2008-211 Conditional Approval |
Form; Dishonored and Application; Interest
on Overpayments; Electronic Communications (JLCAR
Deadline February 13, 2009.) |
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(c) FP 2008-212 Approval |
Claimant Requirements; Registration for Work
and Filing of Claims; Reduction and Withholding of Benefits (JLCAR
Deadline February 13, 2009.) |
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(d) Discussion on the following emergency rule
effective January 9, 2009 (Doc. #9359): |
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No Further Action |
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Emp 501.04 Time and Place for Filing Confirmed
Claims and Emp 501.13 Claims Filed Over the Internet |
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10. DEPARTMENT OF SAFETY |
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(a) FP 2008-230 Approval |
Oil Pollution Control License Rules (JLCAR
Deadline February 16, 2009. Former
rules expired August 22, 2008.) |
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(b) FP 2008-231 Approval |
Oil Discharge and Disposal License Rules (JLCAR
Deadline February 16, 2009. Former rules expired March 28, 2008) |
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(c) FP 2008-232 Approval |
Fuel Oil Discharge Cleanup Fund Rules (JLCAR
Deadline February 16, 2009. Former rules
expired May 24, 2008.) |
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(d)
FP 2008-233 Approval |
Motor
Carriers of Passengers Rules (JLCAR Deadline February 16, 2009. Former rules expired June 23, 2008.) |
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(e) FP 2008-234 Approval |
Carriage of Household Goods by Motor Vehicles Rules (JLCAR
Deadline February 16, 2009. Former
rules expired June 23, 2008.) |
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12. Responses
to Preliminary Objections Made in January 9, 2009 Meeting But Not Yet
Received by Committee Staff: |
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OR 2008-163 |
BOARD OF VETERINARY MEDICINE Administrative Rules Vet 200-700 (JLCAR
Deadline April 20, 2009.) |
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OTHER
BUSINESS |
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13. Other |
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