JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JANUARY 16, 2015 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice Chair

Rep. Carol M. McGuire, Chair

Sen. Kevin Avard

Rep. David H. Kidder

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Dan Feltes

Rep. Tara A. Sad

Sen. David Watters

Rep. Peter B. Schmidt

Sen. Regina Birdsell (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. John Sytek (Alt.)

Sen. Gary Daniels (Alt.)

(Alt.)

Sen. Nancy Stiles (Alt.)

(Alt.)

 

 

The times and order specified for the agenda items listed below are only tentative.  The Committee may change the order or may change the amount of time allotted for such items.

 

1.   9:00 a.m.    Convene and Review Minutes

 

JLCAR Deadlines Noted in Agenda:

For OR's and ROR's:

Deadline is for sponsoring a joint resolution.

For FP's:

Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.

For INT's:

Deadline is for approval or conditional approval.
Otherwise, agency cannot adopt the interim rule.

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

EXRF - Expedited Revision to Form


 

CONSENT AGENDA

 

2.   9:05 a.m.    Committee Approval of Final Proposals and Proposed Interim Rules:

 

 

(a)  FP 2014-117*
Approval

BOARD OF EDUCATION

School Counseling and School Psychology

(JLCAR Deadline February 2, 2015.)

*(The only substantive issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.)

 

 

(b)  FP 2014-159
Approval

REAL ESTATE APPRAISER BOARD

Rules Regarding General Education Requirements for Certification

(JLCAR Deadline January 26, 2015.)

 

 

(c)  FP 2014-170
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Tobacco Tax Definitions and Forms

(JLCAR Deadline February 17, 2015.)

 

 

(d)  FP 2014-173
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to the Food Stamp Program - Definitions and Fluctuating Income

(JLCAR Deadline February 9, 2015.)

 

 

(e)  INT 2014-15
Approval

HEALTH SERVICES PLANNING AND REVIEW BOARD

Megavoltage Radiation Therapy Services

(JLCAR Deadline March  24, 2015.  Former rules expired December 16, 2014.)

 

 

(f)  INT 2014-17
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

General Program Information

(JLCAR Deadline April 8, 2015.  Former rules expired January 1, 2015.)

 

 

3.   9:10 a.m.    Committee Conditional Approvals:

 

 

FP 2014-158
Approval

REAL ESTATE APPRAISER BOARD

Rules Regarding Investigation of Complaints

(JLCAR Deadline January 26, 2015.)

 

 

4.   9:15 a.m.    Committee Acceptance of Agency Responses to Objections:

 

OR 2014-14
Approval

BOARD OF MENTAL HEALTH PRACTICE

Ethical and Professional Standards, Responsibilities of Licensees

(JLCAR Deadline February 20, 2015.)

 

5.   9:16 a.m.    Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(No Items)

 

 

 

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.

 

Conditionally Approved December 18, 2014

 

 

FP 2014-137

DEPARTMENT OF ENVIRONMENTAL SERVICES

Cross-Program Rules

Administrative Fine Procedures

(Responsed received 12-19-14 and confirmed 12-19-14.)

 

 

FP 2014-144

FISH AND GAME DEPARTMENT

Nonresident Student License

(Responsed received 12-29-14 and confirmed 12-29-14.)

 

 

FP 2014-147

DEPARTMENT OF REVENUE ADMINISTRATION

Prenote Test and Registration Information Changes for Electronic Transfers and Filing

(Response received 12-19-14 and confirmed 12-22-14.)

 

 

FP 2014-148

DEPARTMENT OF REVENUE ADMINISTRATION

Medicaid Enhancement Tax Definitions and Forms

(Response received 12-19-14 and confirmed 12-22-14.)

 

 

INT 2014-12

DEPARTMENT OF SAFETY

Commissioner

Road Toll Administration Rules

(Response received 12-30-14 and confirmed 12-30-14.)

 

 

REGULAR AGENDA

 

6.   9:18 a.m.    Consider postponing action on certain items to another meeting.

 

7.   9:20 a.m.    DEPARTMENT OF SAFETY

 

(a)  INT 2014-11
Approval with Understanding

 

Mechanical Licensing Board

Initial Fuel Gas Fitting Licensing, Plumbing Licensing, Fuel Gas Trainee Registration, Plumbing Apprentice Registration, and Business Entity Licensing Rules

(JLCAR Deadline March 11, 2015.  Existing emergency rule will expire January 21, 2015.)

(Formerly Item #13(a) on 12-18-14 agenda.)

 

 

(b)  Amended
OR 2013-222

Approval

Commissioner

Readoption of Marketing, Sales, and Possession of Fireworks Rules

(JLCAR Deadline January 20, 2015.)

(Formerly Item #13(c) on 12-18-14 agenda.)

 

 

(c)  FP 2014-169
Conditional Approval

Commissioner

Readoption of Change of Gender Rule

(JLCAR Deadline February 7, 2015.)

 

 

(d)  FP 2014-181
Conditional Approval

Commissioner

Initial or Vanity Registration Plate Rules

(JLCAR Deadline February 26, 2015.  Former rule Saf-C 514.61 expired January 12, 2015.)

 

 

8.   9:40 a.m.    BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

 

 

FP 2014-157
Preliminary Objection

Apprentice, School Instructor and Shop License, School and Shop Requirements, Estheticians, Individuals Licensed in Another State, Fine Procedures, Notice, Violation Points, Tanning Facilities

(JLCAR Deadline January 26, 2015.)

 

 

9.   9:45 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2014-105
Conditional Approval

Drinking Water Programs

Drinking Water Revolving Fund Program

(JLCAR Deadline February 2, 2015.)

 

 

(b)  FP 2014-151
Conditional Approval

Drinking Water Programs

Definitions Related to Revised Total Coliform Rule for Public Water Systems

(JLCAR Deadline February 17, 2015.)

 

 

(c)  FP 2014-152
Conditional Approval

Drinking Water Programs

Public Water Systems: Revised Total Coliform Rule and Other Updates

(JLCAR Deadline February 17, 2015.)

 

 

(d)  FP 2014-160
Approval

Air Related Programs

Other Solid Waste Incineration

(JLCAR Deadline February 13, 2015.)

 

 

10. 10:00 a.m.  RACING AND CHARITABLE GAMING COMMISSION

 

 

(a)  FP 2014-146
Approval with Recommondation

Lucky 7

(JLCAR Deadline February 2, 2015.)

 

 

(b)  INT 2014-13
Conditional Approval

Bingo Games

(JLCAR Deadline March 24, 2015.  Existing rules will expire January 20, 2015.)

 

 

(c)  INT 2014-14
Conditional Approval

Games of Chance

(JLCAR Deadline March 24, 2015.  Existing rules will expire January 20, 2015 and
June 27, 2015.)

 

 

11. 10:30 a.m.  DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  INT 2014-16
Conditional Approval

Former Division of Mental Health and Developmental Services

Eligibility and the Process of Providing Services

(JLCAR Deadline April 8, 2015.  Existing rules will expire January 27, 2015.)

 

 

(b)  INT 2014-18
Approval

Former Division of Public Health Services

Use of Radiation Machines: Administrative Requirements and General

Requirements for All Diagnostic and Veterinary X-Ray Machines

(JLCAR Deadline April 8, 2015.  Existing rules will expire January 24, 2015.)

 

 

(c)  INT 2014-19
Approval

Former Division of Public Health Services

Use of Radiation Machines: Therapeutic Radiation Machines

(JLCAR Deadline April 8, 2015.  Existing rules will expire January 24, 2015.)

 

 

(d)  FP 2014-113
Conditional Approval

Commissioner

Certification for Payment Standards for Residential Treatment Programs

(JLCAR Deadline February 13, 2015.)

 

 

(e)  FP 2014-171
Conditional Approval

Former Division of Human Services

Substance Use Disorder Treatment and Recovery Support Services

(JLCAR Deadline February 13, 2015.)

 

 

(f)  FP 2014-174
Conditional Approval

Commissioner

Certification for Payment Standards of Foster Care Programs

(JLCAR Deadline February 17, 2015.)

 

 

(g)  FP 2014-177
Conditional Approval

Former Division of Human Services

Recoupment and Recovery of Support Payments

(JLCAR Deadline February 17, 2015.)

 

 

12. 11:00 a.m.  INSURANCE DEPARTMENT

 

 

ROR 2014-91
Postponed to 2/6/15 Continued Meeting

Long-Term Care Insurance

(JLCAR Deadline March 24, 2015.)

(Response not yet received.  Response due by February 2, 2015.)

 

 

13. 11:05 a.m.  DEPARTMENT OF LABOR

 

 

OR 2014-143
Postponed to 2/6/15 Continued Meeting

Safety and Health of Public Employees

(JLCAR Deadline March 24, 2015.)

(Response not yet received.  Response due by February 2, 2015.)

 

 

14. 11:10 a.m.  BOARD OF MENTAL HEALTH PRACTICE

 

 

OR 2014-12
Postponed to 2/6/15 Continued Meeting

License Requirements, Applications, and Fees

(JLCAR Deadline May 26, 2015.)

(Response not yet received.  Response due by April 6, 2015.)

 

 

OTHER BUSINESS

15. 11:15 a.m.