JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR
MEETING
TENTATIVE
AGENDA
NOVEMBER 15, 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.) |
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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.
1. 9:00 am Convene and Review Minutes |
10. 10:30 am FP
2007-51 Ed |
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11. 11:00 am FP
2007-120 Asb |
Consent
Agenda |
12. 11:30 am FP's
2007-110 & 151 He-P |
2. 9:05 am Final
Proposals |
& OR 2007-21 He-M |
3. 9:10 am Objection
Responses |
13. 12:15 pm Disc.
on FP's 2007-144 & 145 Adm |
4. 9:12 am Preliminary
Objections |
14. 12:30 pm OR
2007-92 Ac |
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15. 1:00 pm LUNCH
BREAK |
Regular
Agenda |
16. 2:00 pm Disc.
on Emergency Rule Frl |
5. 9:13 am Postpone
Items |
17. 2:30 pm OR's
from 10-18-07 Meeting |
6. 9:15 am FP's
2007-129 & 130 He-Hea |
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7. 9:45 am INT 2007-28 Env-Ws |
Other Business |
8. 10:00 am INT
2007-29 Puc |
18. 2:30 pm Other |
9. 10:15 am FP
2007-143 Mvi |
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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: |
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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. |
CONSENT
AGENDA |
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2. Committee
Approval of Final Proposals: |
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(a) FP 2007-83 Approval |
BOARD OF BARBERING,
COSMETOLOGY AND ESTHETICS Master Barber and Barber
Programs (JLCAR Deadline November 23, 2007.) |
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(b) FP 2007-99 Approval |
GOVERNING BOARD OF PHYSICAL
THERAPISTS Organizational Rules (JLCAR Deadline December 3, 2007.) |
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(c) FP 2007-100 Approval |
GOVERNING BOARD OF
PHYSICAL THERAPISTS Procedural Rules (JLCAR Deadline December 3, 2007.) |
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(d)
FP 2007-101 Approval |
GOVERNING BOARD OF PHYSICAL THERAPISTS Procedures
for the Receipt of Misconduct Complaints and the Conduct of Disciplinary
Hearings; Settlements; Explanation of Adopted Rules; Voluntary Surrender of
License (JLCAR Deadline December 3, 2007.) |
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(e) FP 2007-119 Approval |
ASSESSING STANDARDS BOARD Powers and Duties of the Board; Repeal of Definition
of "DRA certified property assessor assistant"; Definitions for
Property Appraisal; Contracts (JLCAR
Deadline December 13, 2007.) |
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(f) FP 2007-128 Approval |
DEPARTMENT
OF SAFETY Approval of Driver Attitude Program Amendment (JLCAR Deadline November 19, 2007.) |
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(g) FP 2007-141 Approval |
INSURANCE DEPARTMENT Military Sales Practices (JLCAR
Deadline December 10, 2007.) |
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(h) FP
2007-149 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Annual Fee for Services (JLCAR Deadline December 13, 2007.) |
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(i) FP 2007-150 Approval |
DEPARTMENT OF HEALTH
AND HUMAN SERVICES Former Division of Human
Services Expiring Rules
Related to Acceptable Proofs of Application for Disability Benefits, OAA
& ANP Employment Expense Disregard, and Impairment Related Work Expenses (JLCAR Deadline December 13, 2007.) |
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3. Committee
Acceptance of Agency Responses to Objections: |
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(No items) |
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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 the dates of
receipt of agency responses and subsequent confirmation by the Office of
Legislative Services that the proposals had been amended as conditionally approved. No further Committee action is required. Conditionally Approved October 18, 2007: |
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FP 2007-125 |
DEPARTMENT OF LABOR Payment of Wages and Requirements of Employers (Response
received 10-24-07 and confirmed 10-25-07.) |
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FP 2007-173 |
DEPARTMENT OF LABOR Workers
Compensation Insurance Coverage Requirements and Procedures; Workers
Compensation Self-Insurance Requirements; Workers Compensation Claims
Procedures (Response
received 10-30-07 and confirmed 10-30-07.) |
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FP 2007-133 |
BOARD OF VETERINARY MEDICINE Fees (Response
received 11-6-07 and confirmed 11-6-07.) |
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FP 2007-136 |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Drinking Water Programs Small Production Wells for
Small Community Water Systems (Response
received 10-18-07 and confirmed 10-18-07.) |
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FP 2007-56 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Medicaid Covered Services (Response
received 10-26-07 and confirmed 10-26-07.) |
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FP 2007-135 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Distribution and Disbursement of Child Support
Payments (Response
received 10-24-07 and confirmed 10-25-07.) |
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FP 2007-104 |
REAL
ESTATE APPRAISER BOARD Practice and Procedure (8-year provisions);
Apprentice Classification, Certificate and License Requirements; Continued
Status; Ethics (Response
received 10-30-07 and confirmed 10-31-07.) |
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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. HEALTH
SERVICES PLANNING AND REVIEW BOARD |
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(a) FP 2007-129 Conditional Approval |
Organizational
Rules (JLCAR
Deadline December 10, 2007.) |
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(b) FP 2007-130 Conditional Approval |
Practice
and Procedures; Application Procedures for a Certificate of Need (JLCAR
Deadline December 10, 2007.) |
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7. INT
2007-28 Approval
with Understanding |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Water Surface Water Quality Regulations (JLCAR Deadline January 31, 2008. Existing rules will expire December 10,
2007.) |
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8. INT
2007-29 Approval
with Understanding |
PUBLIC UTILITIES COMMISSION Electric Renewable Portfolio Standards (JLCAR Deadline January 31, 2008. Interim rule proposed pursuant to Chapter
26 (HB 873) of the Laws of 2007, effective July 10, 2007.) |
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9. FP
2007-143 Conditional
Approval |
N.H. MOTOR VEHICLE INDUSTRY BOARD Hearing and Procedural Rules (JLCAR Deadline
November 23, 2007.) |
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10. FP
2007-51 Conditional Approval |
BOARD OF EDUCATION Charter and Open Enrollment Schools (JLCAR Deadline
November 26, 2007.) |
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11. FP 2007-120 Approval |
ASSESSING STANDARDS BOARD DRA Certified Assessor (JLCAR
Deadline December 13, 2007.) |
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12. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) FP 2007-110 Conditional Approval |
Former Division of Public Health Services Cancer Registry Rules (JLCAR
Deadline December 17, 2007.) |
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(b) FP 2007-151 Objection |
Former Division of Public Health Services Indoor Smoking Rules (JLCAR
Deadline December 17, 2007.) |
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(c) OR 2007-21 Approval |
Former Division of Mental Health and Developmental
Services Medical Assistance
Services Provided by Education Agencies (JLCAR Deadline December 11, 2007. Existing interim rules expired October 22,
2007.) |
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13. Discussion on requesting waiver of the
45-day JLCAR review deadline of December 17, 2007 for the following final
proposals filed on November 2, 2007 for the December 20, 2007 Meeting: DEPARTMENT OF ADMINISTRATIVE SERVICES |
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(a) FP 2007-144 Waiver Requested |
Bureau of Risk Management Loss Prevention |
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(b) FP 2007-145 Waiver Requested |
Loss Prevention, Guidelines for Risk Management |
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14. OR
2007-92 Revised
Objection |
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.) |
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15. LUNCH BREAK |
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16. Discussion on the following emergency rule
filed effective November 9, 2007: |
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Doc. #9025 Postponed to 12/6/07 Continued Meeting |
State Board of Registration
of Funeral Directors and Embalmers Resomation Facility Regulations |
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17. Remaining Responses to Preliminary Objections
Made in October 18, 2007 Meeting But Not Yet Received by Committee Staff: |
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(a) OR 2007-112 Postponed to 12/6/07 Continued Meeting |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Division of Elderly and Adult Services Certification of Adult Family Care Residences (JLCAR Deadline January 22, 2008.) |
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(b) OR 2007-113 Postponed to 12/6/07 Continued Meeting |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Division of Elderly and Adult Services Authorization
of Adult Family Care Placement Agencies (JLCAR Deadline January 22, 2008.) |
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OTHER
BUSINESS |
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18. Other |
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