JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

OCTOBER 17, 2013 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Peter B. Schmidt, Vice-Chair

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Bette Lasky

Rep. James R. MacKay

Sen. Jim Rausch

Rep. Carol M. McGuire

Sen. David Watters

Rep. Tara A. Sad

Sen. Peter Bragdon (Alt.)

Rep. Richard W. Barry (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Andy Sanborn (Alt.)

Rep. David H. Kidder (Alt.)

Sen. Nancy Stiles (Alt.)

Rep. Mary S. Nelson (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 Expedited Repeal:

 

 

(a)  FP 2013-107
Approval

INSURANCE DEPARTMENT

Credit for Reinsurance

(JLCAR Deadline November 8, 2013.)

 

 

(b)  FP 2013-108
Approval

INSURANCE DEPARTMENT

Insurance Holding Companies

(JLCAR Deadline November 8, 2013.)

 

 

(c)  FP 2013-119
Approval

BANKING DEPARTMENT

Definition of Board of Trust Company Incorporation and Access to Department Information

(JLCAR Deadline November 18, 2013.)

 

 

(d)  FP 2013-122
Approval

BOARD OF TRUST COMPANY INCORPORATION

Organizational Rules of Board of Trust Company Incorporation

(JLCAR Deadline November 18, 2013.)

 

 

(e)  FP 2013-123
Approval

BOARD OF TRUST COMPANY INCORPORATION

Practice and Procedure of the Board of Trust Company Incorporation

(JLCAR Deadline November 18, 2013.)

 

 

(f)  EXP 2013-1
Approval

POSTSECONDARY EDUCATION COMMISSION

Degree Granting Higher Education Institutions

(No JLCAR Deadline.)

 

 

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

 

 

(No Items)

 

 

 

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

 

(No Items)

 

 

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 June 21, 2013

 

 

FP 2012-173

PHARMACY BOARD

Code of Ethics (Standard of Conduct)

(Response received 8-27-13 and confirmed 9-3-13.)

 

 

Conditionally Approved August 15, 2013

 

 

FP 2013-10

BOARD OF FIRE CONTROL

Board of Fire Control Organizational Rules and Practice and Procedural Rules

(Response received 9-25-13 and confirmed 9-25-13.)

 

 

FP 2012-206

DEPARTMENT OF SAFETY

School Bus Transportation Rules

(Response received 9-16-13 and confirmed 9-17-13.)

 

 

Conditionally Approved September 19, 2013

 

 

FP 2013-92

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Community Participation Services

(Response received 9-23-13 and confirmed 9-24-13.)

 

 

FP 2013-34

HIGHER EDUCATION COMMISSION

Degree Granting Higher Ed Institutions

(Response received 10-3-13 and confirmed 10-3-13.)

 

 

FP 2013-90

BOARD OF DENTAL EXAMINERS

Board Fees, Examination for Licensure, Expanded Functions for Dental Auxiliaries, and Hygienists Ethical Duties

(Response received 10-7-13 and confirmed 10-7-13.)

 

 

FP 2013-88

LIQUOR COMMISSION

Rules Relating to Particular Licensees

(Response received 9-27-13 and confirmed 9-30-13.)

 

 

Conditionally Approved October 3, 2013

 

 

INT 2013-12

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Office of Alcohol and Drug Abuse Prevention

Impaired Driver Programs - Out-of-State Residents

(Response received 10-3-13 and confirmed 10-4-13.)

 

 

FP 2013-106

LIQUOR COMMISSION

Application, Listing and Delisting Procedures

(Response received 10-9-13 and confirmed 10-9-13.)

 

 

REGULAR AGENDA

 

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

 

7.   9:20 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

INT 2013-13
Approval

Certified Salt Applicator Program

(JLCAR Deadline December 18, 2013.  Rule implements 2013, 144:122 and 123 (HB 2), effective September 26, 2013.)

 

 

8.   9:30 a.m.    DEPARTMENT OF EMPLOYMENT SECURITY

 

INT 2013-14
Approval

Notice of Claim, Request to Employer for Separation Information Form, Waiver, and Determination on Claim

(JLCAR Deadline January 8, 2014.  Rule implements 26 U.S.C. Ch. 23, Section 3303(f), which must be implemented by October 21, 2013.)

 

 

9.   9:40 a.m.    DEPARTMENT OF SAFETY

 

 

FP 2013-47
Conditional Approval

Readoption of Various Carnival-Amusement Rules

 (JLCAR Deadline November 7, 2013.)

 

 

10. 10:00 a.m.  PUBLIC UTILITIES COMMISSION

 

 

FP 2013-65
Approval

Rate Case Expenses

(JLCAR Deadline November 4, 2013.)

 

 

11. 10:20 a.m.  DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2013-112
Approval with Understanding

Former Division of Mental Health and Developmental Services

Medicaid-Covered Home and Community Based Services for Persons with Developmental Disabilities and Acquired Brain Disorders

(JLCAR Deadline November 18, 2013.)

 

 

(b)  OR 2013-28
Approval

Former Division of Public Health Services

Ophthalmic Dispensing

(JLCAR Deadline December 24, 2013.)

 

 

12. 10:45 a.m.  LIQUOR COMMISSION

 

 

OR 2013-89
Approval with Recommendation

Licensee Licensing and Physical Requirements Required for New or Renewal Applications for Licenses

(JLCAR Deadline December 24, 2013.  Existing rules will expire October 22, 2013.)

 

OTHER BUSINESS

13. 11:15 a.m.  Other