JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JANUARY 18, 2013 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sam Cataldo

Rick M. Ladd

Bette Lasky

James R. MacKay

Jim Rausch

Carol M. McGuire

John Reagan

Tara A. Sad

David Watters

Peter B. Schmidt

(Alt.)

Richard W. Barry (Alt.)

(Alt.)

David H. Kidder (Alt.)

(Alt.)

Mary S. Nelson (Alt.)

(Alt.)

(Alt.)

(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

 

2.   9:05 a.m.    Elect Chairperson and Vice-Chairperson

 

3.   9:15 a.m.    Review Minutes and Proposed Meeting Schedule for 2013

 

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

 

4.   9:20 a.m.    Committee Approval of Final Proposals and Proposed Interim Rules:

 

 

(a)  FP 2012-122
Approval

FISH AND GAME DEPARTMENT

Wildlife Management Area Rules

(JLCAR Deadline February 11, 2013.)

 

 

(b)  FP 2012-147
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Cost-of-Living Adjustments for Supplemental Security Income

(JLCAR Deadline January 22, 2013.)

 

 

(c)  FP 2012-151*
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Case Management Agencies

(JLCAR Deadline February 4, 2013.)

*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.

 

 

(d)  FP 2012-154
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Commissioner

Medicaid for Employed Adults with Disabilities - Premium Schedule

(JLCAR Deadline January 28, 2013.)

 

 

(e)  FP 2012-156
Approval

BANKING DEPARTMENT

Organizational Rules

(JLCAR Deadline February 19, 2013.)

 

 

(f)  FP 2012-157
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Human Services

Acceptable Verification of the Equity Value of Life Insurance for All Categories of Financial and Medical Assistance

(JLCAR Deadline February 11, 2013.)

 

 

(g)  FP 2012-158
Approval

FISH AND GAME DEPARTMENT

Miscellaneous Rules: Clarification to Scallop Dredge Ring Size, Shellfish Report, and Special Wildlife Permit

(JLCAR Deadline February 11, 2013.)

 

 

(h)  INT 2012-12
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Mental Health and Developmental Services

Eligibility Determination and Individual Service Planning

(JLCAR Deadline April 3, 2013.  Former rules expired September 2, 2012.)

 

 

The following Final Proposals originally filed for the December 20, 2012 agenda were automatically approved pursuant to RSA 541-A:13, II(e) after the Committee deadline date indicated.  All but Final Proposal 2012-98 had been Consent Agenda items.  No further Committee action is required. 

 

 

FP 2012-96

REAL ESTATE APPRAISER BOARD

Real Estate Appraiser Board Organizational Rules

(JLCAR Deadline December 17, 2012.)

 

 

FP 2012-97

REAL ESTATE APPRAISER BOARD

Real Estate Appraiser Board Rules Regarding Practice and Procedure

(JLCAR Deadline December 17, 2012.)

 

 

FP 2012-98

REAL ESTATE APPRAISER BOARD

Real Estate Appraiser Board Rules Regarding Apprentice Classification

Certificate and License Requirements, Continued Status, and Ethical Standards

(JLCAR Deadline December 24, 2012.)

 

 

FP 2012-112

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Human Services

Adult Category Earned Income Disregard

(JLCAR Deadline December 31, 2012.)

 

 

FP 2012-140

FISH AND GAME DEPARTMENT

Rule for American Shad in Freshwater and the Connecticut River

(JLCAR Deadline January 11, 2013.)

 

 

FP 2012-141

FISH AND GAME DEPARTMENT

Marine Aquaculture Rules

(JLCAR Deadline January 11, 2013.)

 

 

5.   9:25 a.m.    Committee Conditional Approvals:

 

FP 2012-138
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Laboratory and Laboratory Services

(JLCAR Deadline February 4, 2013.)

 

 

6.   9:27 a.m.    Committee Acceptance of Agency Responses to Objections:

 

(No Items)

 

 

7.   9:29 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 October 18, 2012:

 

 

FP 2012-62

BOARD OF EDUCATION

Principal, Associate Principal, District Administrator, Educational Interpreter and

Professional Development

(Response received 11-21-12 and confirmed 11-26-12.)

 

Conditionally Approved November 15, 2012:

 

 

FP 2012-121

DEPARTMENT OF SAFETY

Various Bureau of Electrical Safety and Licensing Rules

(Response received 11-27-12 and confirmed 11-27-12.)

 

 

FP 2012-127

DEPARTMENT OF REVENUE ADMINISTRATION

Education Tax Credit Program

(Response received 11-20-12 and confirmed 11-21-12.)

 

 

FP 2012-128

INSURANCE DEPARTMENT

Rules for Dispute Resolution in Medical Injury Early Offer Proceedings

(Response received 11-20-12 and confirmed 11-21-12.)

 

 

FP 2012-131

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Office of Alcohol and Drug Abuse Prevention

Impaired Driver Programs

(Response received 11-26-12 and confirmed 11-26-12.)

 

 

REGULAR AGENDA

 

8.   9:30 a.m.    Consider postponing action on certain items to another meeting.

 

9.   9:35 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2012-153
Approval

Air Related Programs

Federal Standards Annual Update

(JLCAR Deadline January 28, 2013.)

 

 

10. 10:00 a.m.  BOARD OF EDUCATION

 

 

FP 2012-123
Conditional Approval

Business Administrator, Career and Technical Education Director, English for Speakers of Other Languages (ESOL), and Library Media Coordinator (LMC) Supervisor

(JLCAR Deadline February 4, 2013.)

 

 

11. 10:15 a.m.  DEPARTMENT OF REVENUE ADMINISTRATION

 

 

FP 2012-172
Postponed to
2/15/13
Regular Meeting

Equalization Rules.

(JLCAR Deadline February 19, 2013.)

 

 

12. 10:45 a.m.  LIQUOR COMMISSION

 

 

INT 2012-11
Approval with Recommendation

Application De-Listing and Listing Procedures

(JLCAR Deadline March 27, 2013.  Former rules expired on August 27, 2007 and December 31, 2012.)

 

13. 11:00 a.m.  JLCAR orientation for new members.

No Further Action

 

 

OTHER BUSINESS

14. 12:00 p.m.  Other