JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

OCTOBER 18, 2007 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

Senate Members of JLCAR	House Members of JLCAR
Martha Fuller Clark	Maurice L. Pilotte
Jacalyn L. Cilley	Peter B. Schmidt
Betsi DeVries	Bonnie G. Mitchell
Robert J. Letourneau	Betsey L. Patten
Michael Downing	James R. MacKay
Iris W. Estabrook (Alt.)	John DeJoie (Alt.)
Kathleen G. Sgambati (Alt.)	James F. Powers (Alt.)
Peter Hoe Burling (Alt.)	Kimberley S. Casey (Alt.)
Joseph D. Kenney (Alt.)	Sharon M. Carson (Alt.)
Peter E. Bragdon (Alt.)	Alida I. Millham (Alt.)

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.

1. 9:00 am Convene and Review Minutes	10. 11:15 am FP's 2007-56 He-C, 2007-135 He-W,
	2007-112 & 113 He-E
Consent Agenda	11. 12:15 pm FP 2007-104 Rab
2. 9:05 am Final Proposals	12. 1:00 pm LUNCH BREAK
3. 9:10 am Objection Responses	13. 2:00 pm OR's from 9-6-07 Meeting
4. 9:12 am Preliminary Objections	14. 2:15 pm OR's from 9-20-07 Meeting
Regular Agenda	Other Business
5. 9:13 am Postpone Items	15. 2:30 pm Other
6. 9:15 am FP's 2007-125 & 2006-173 Lab
7. 10:00 am FP 2007-82 Soil
8. 10:15 am FP 2007-133 Vet
9. 10:30 am FP's 2007-127 Env-A,
2007-136 & 137 Env-Dw

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

1. Convene and Review Minutes

JLCAR Deadlines Noted Below:
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.

CONSENT AGENDA
2. Committee Approval of Final Proposals and Proposed Interim Rule:
(a) FP 2007-102 Approval	REAL ESTATE APPRAISER BOARD Organizational Rules (JLCAR Deadline November 19, 2007.)
(b) FP 2007-103 Approval	REAL ESTATE APPRAISER BOARD Practice and Procedure Rules (non-expiring) (JLCAR Deadline November 19, 2007. Former interim rules expired September 30, 2007.)
(c) FP 2007-111 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Repeal of He-P 813 Adult Family Care Residences (JLCAR Deadline November 19, 2007.)
(d) FP 2007-123 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Certification of Residential, Combined Residential and Day Services, or Self-Directed Day Services Provided in the Family Home (JLCAR Deadline November 5, 2007.)
(e) FP 2007-126 Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Table of Regulated Toxic Air Pollutants (JLCAR Deadline November 12, 2007.)
(f) FP 2007-134 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Aid to the Needy Blind (JLCAR Deadline November 19, 2007.)
(g) INT 2007-27 Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Commissioner Laboratory Accreditation (JLCAR Deadline December 27, 2007. Existing rules will expire October 29, 2007.)
3. Committee Acceptance of Agency Responses to Objections:
(No items)
NOTE: The following final proposal has been withdrawn in response to the Committee's preliminary objection on August 16, 2007. No further Committee action is required.
FP 2007-87	DEPARTMENT OF SAFETY Pilot Speed Zone on Lake Winnipesaukee
4. 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 September 20, 2007:
FP 2007-60	GOVERNING BOARD OF RECREATIONAL THERAPISTS Requirements for Licenses (Response received 10-1-07 and confirmed 10-2-07.)
FP 2007-81	BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS Revocation, Suspension and Other Sanctions (Response not yet received.)
NOTE: The following proposal, originally on today's agenda, has been withdrawn by the agency and will be refiled for the Committee meeting on November 15, 2007.
INT 2007-26	PUBLIC UTILITIES COMMISSION Electric Renewable Portfolio Standards (Interim rule proposed pursuant to Chapter 26 (HB 873) of the Laws of 2007, effective July 10, 2007.)
REGULAR AGENDA
5. Consider postponing action on certain items to another meeting.
6. DEPARTMENT OF LABOR
(a) FP 2007-125 Conditional Approval	Payment of Wages and Requirements of Employers (JLCAR Deadline November 12, 2007.)
(b) FP 2006-173 Conditional Approval	Workers Compensation Insurance Coverage Requirements and Procedures; Workers Compensation Self-Insurance Requirements; Workers Compensation Claims Procedures and Responsibilities of Parties (JLCAR Deadline November 5, 2007.)
7. FP 2007-82 Approval with Recommendation	BOARD OF NATURAL SCIENTISTS Rules Regarding Fees, Examination Requirements for Wetland Scientist Exams and Re-Examinations (JLCAR Deadline October 29, 2007.)
8. FP 2007-133 Conditional Approval	BOARD OF VETERINARY MEDICINE Fees (JLCAR Deadline October 29, 2007.)
9. DEPARTMENT OF ENVIRONMENTAL SERVICES
(a) FP 2007-127 Approval with Understanding	Air Related Programs NOx Budget Trading Program (JLCAR Deadline November 19, 2007. Existing interim rules will expire February 21, 2008.)
(b) FP 2007-136 Conditional Approval	Drinking Water Programs Small Production Wells for Small Community Water Systems (JLCAR Deadline November 19, 2007. Existing interim rules will expire October 18, 2007.)
(c) FP 2007-137 Approval	Drinking Water Programs Large Production Wells for Community Water Systems (JLCAR Deadline November 19, 2007. Existing interim rules will expire October 18, 2007.)
10. DEPARTMENT OF HEALTH AND HUMAN SERVICES
(a) FP 2007-56 Conditional Approval	Commissioner Medicaid Covered Services (JLCAR Deadline November 2, 2007.)
(b) FP 2007-135 Conditional Approval	Former Division of Human Services Distribution and Disbursement of Child Support Payments (JLCAR Deadline November 19, 2007.)
(c) FP 2007-112 Objection	Division of Elderly and Adult Services Certification of Adult Family Care Residences (JLCAR Deadline November 19, 2007.)
(d) FP 2007-113 Objection	Division of Elderly and Adult Services Authorization of Adult Family Care Placement Agencies (JLCAR Deadline November 19, 2007.)
11. FP 2007-104 Conditional Approval	REAL ESTATE APPRAISER BOARD Practice and Procedure (8-year provisions); Apprentice Classification, Certificate and License Requirements; Continued Status; Ethics (JLCAR Deadline November 19, 2007. Former interim rules expired September 30, 2007.)
12. LUNCH BREAK
13. Remaining Responses to Preliminary Objections Made in September 6, 2007 Meeting But Not Yet Received by Committee Staff:
(a) OR 2007-21	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Medical Assistance Services Provided by Education Agencies (JLCAR Deadline December 11, 2007. Existing interim rules will expire October 22, 2007.)
14. Remaining Responses to Preliminary Objections Made in September 20, 2007 Meeting But Not Yet Received by Committee Staff:
(a) OR 2007-92	BOARD OF ACCOUNTANCY Procedural Rules (8-year provisions); Certification, Registration and Permit Requirements; Continued Status; Ethics (JLCAR Deadline December 26, 2007. Most rules expired July 25, 2007.)
OTHER BUSINESS
15. Other