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.)

 

 

 

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

 

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

 

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

 

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

 

 

 

 

 

 

 

 

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:

 

 

(a)  FP 2007-83

Approval

 

BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS

Master Barber and Barber Programs

(JLCAR Deadline November 23, 2007.)

 

 

(b)  FP 2007-99

Approval

 

GOVERNING BOARD OF PHYSICAL THERAPISTS

Organizational Rules

(JLCAR Deadline December 3, 2007.)

 

 

(c)  FP 2007-100

Approval

 

GOVERNING BOARD OF PHYSICAL THERAPISTS

Procedural Rules

(JLCAR Deadline December 3, 2007.)

 

 

(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.)

 

 

(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.)

 

 

(f)  FP 2007-128

Approval

 

DEPARTMENT OF SAFETY

Approval of Driver Attitude Program Amendment

(JLCAR Deadline November 19, 2007.)

 

 

(g)  FP 2007-141

Approval

INSURANCE DEPARTMENT

Military Sales Practices

(JLCAR Deadline  December 10, 2007.)

 

 

(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.)

 

 

(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.)

 

 

3.   Committee Acceptance of Agency Responses to Objections:

 

 

(No items)

 

 

 

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 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:

 

      FP 2007-125

 

DEPARTMENT OF LABOR

Payment of Wages and Requirements of Employers

(Response received 10-24-07 and confirmed 10-25-07.)

 

 

      FP 2007-173

 

DEPARTMENT OF LABOR

Workers Compensation Insurance Coverage Requirements and Procedures; Workers Compensation Self-Insurance Requirements; Workers Compensation Claims Procedures
and Responsibilities of Parties

(Response received 10-30-07 and confirmed 10-30-07.)

 

 

      FP 2007-133

 

BOARD OF VETERINARY MEDICINE

Fees

(Response received 11-6-07 and confirmed 11-6-07.)

 

 

      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.)

 

 

      FP 2007-56

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Medicaid Covered Services

(Response received 10-26-07 and confirmed 10-26-07.)

 

 

      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.)

 

 

      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.)

 

 

REGULAR AGENDA

 

5.   Consider postponing action on certain items to another meeting.

 

6.   HEALTH SERVICES PLANNING AND REVIEW BOARD

 

 

(a)  FP 2007-129

Conditional Approval

 

Organizational Rules

(JLCAR Deadline December 10, 2007.)

 

 

(b)  FP 2007-130

Conditional Approval

 

Practice and Procedures; Application Procedures for a Certificate of Need

(JLCAR Deadline December 10, 2007.)

 

 

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.)

 

 

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.)

 

 

9.   FP 2007-143

Conditional Approval

N.H. MOTOR VEHICLE INDUSTRY BOARD

Hearing and Procedural Rules

(JLCAR Deadline November 23, 2007.)

 

 

10. FP 2007-51

Conditional Approval

BOARD OF EDUCATION

Charter and Open Enrollment Schools

(JLCAR Deadline November 26, 2007.)

 

 

11. FP 2007-120

Approval

ASSESSING STANDARDS BOARD

DRA Certified Assessor

(JLCAR Deadline December 13, 2007.)

 

 

12. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2007-110

Conditional Approval

Former Division of Public Health Services

Cancer Registry Rules

(JLCAR Deadline December 17, 2007.)

 

 

(b)  FP 2007-151

Objection

Former Division of Public Health Services

Indoor Smoking Rules

(JLCAR Deadline December 17, 2007.)

 

 

(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.)

 

 

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

 

 

(a)  FP 2007-144

Waiver Requested

Bureau of Risk Management Loss Prevention

 

 

(b)  FP 2007-145

Waiver Requested

Loss Prevention, Guidelines for Risk Management

 

 

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.)

 

 

15. LUNCH BREAK

 

16. Discussion on the following emergency rule filed effective November 9, 2007:

 

Doc. #9025

Postponed to 12/6/07 Continued Meeting

State Board of Registration of Funeral Directors and Embalmers

Resomation Facility Regulations

 

17. Remaining Responses to Preliminary Objections Made in October 18, 2007 Meeting But Not Yet Received by Committee Staff:

 

(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.)

 

 

(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.)

 

 

OTHER BUSINESS

 

18. Other