JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

NOVEMBER 16, 2017 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice Chair

Sen. Kevin Avard

Rep. John Graham

Sen. Dan Feltes

Rep. William A. Hatch

Sen. Harold French

Rep. Rick M. Ladd

Sen. Jay Kahn

Rep. Peter B. Schmidt

Sen. Martha Fuller Clark (Alt.)

Rep. Karen Ebel (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. William Gannon (Alt.)

Rep. Carolyn Matthews (Alt.)

Sen. Dan Innis (Alt.)

Rep. Bill Ohm (Alt.)

Sen. Ruth Ward (Alt.)

Rep. John Sytek (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, Seating of Alternates, 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:

 

 

(a)  FP 2017-52
Approval

BOARD OF EDUCATION

Social Studies Teacher

(JLCAR Deadline December 4, 2017.)

 

 

 

 

(b)  FP 2017-93
Approval

BOARD OF DENTAL EXAMINERS
Definitions

(JLCAR Deadline December 18, 2017.)

 

 

 

 

(c)  FP 2017-118
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

New Hampshire Employment Program (NHEP) Work Program Sanctions

(JLCAR Deadline December 14, 2017.)

 

 

 

 

(d)  FP 2017-127
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Taxpayer Services Division

(JLCAR Deadline December 15, 2017.)

 

 

 

 

(e)  FP 2017-128
Approval

INSURANCE DEPARTMENT

Life Insurance Solicitation

(JLCAR Deadline November 27, 2017.)

 

 

 

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

 

 

(a)  FP 2017-82
Conditional Approval

DEPARTMENT OF SAFETY

Commissioner

Assisted Lake Protection and Refusal of Consent Rules

(JLCAR Deadline November 27, 2017.)

 

 

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

 

(a)  OR 2017-116
Approval

BOARD OF AUCTIONEERS

Hearing Procedures: Decisions

(JLCAR Deadline January 23, 2018)

 

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 not previously reported 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 19, 2017:

 

 

FP 2017-102

BOARD OF CHIROPRACTIC EXAMINERS

Licensing Requirements; Continued Status

(Response received November 2, 2017 and confirmed November 3, 2017.)

 

 

FP 2017-107

LOTTERY COMMISSION

Keno

(Response received October 25, 2017 and confirmed October 25, 2017.)

 

 

FP 2017-103

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Assisted Living Residence - Residential Care Level

(Response received October 26, 2017 and confirmed October 26, 2017.)

 

 

Conditionally Approved November 3, 2017:

 

 

FP 2017-86

DEPARTMENT OF SAFETY

Commissioner

Readoption of Electronic Toll Collection Hearings

(Response received November 9, 2017 and confirmed November 13, 2017.)

 

 

REGULAR AGENDA

 

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

 

7    9:20 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

INT 2017-26
Approval

Former Division of Human Services

Medicaid Pharmaceutical Services

(JLCAR Deadline February 7, 2018.  Former rules expired November 4, 2017.)

 

8.   9:25 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2017-132
Approval

Drinking Water Programs

Revised Total Coliform Rule Amendments; Consumer Confidence Report Amendments Regarding Notices for Lead

(JLCAR Deadline December 18, 2017.)

 

 

9.   9:30 a.m.    DEPARTMENT OF SAFETY

 

(a)  FP 2017-87
Preliminary Objection

Commissioner

New Hampshire Fire Standards and Training and EMS Administrative Fee Rules

(JLCAR Deadline November 27, 2017.)

(Formerly Item #9(c) on the Regular Agenda for the 10-19-17 meeting and Item #5(b) on the Regular Agenda for the 11-3-17 meeting.)

 

 

(b)  FP 2017-74
Preliminary Objection

Commissioner

Licensure of Private Investigators, Security Guards, and Bail Recovery Agents

(JLCAR Deadline December 11, 2017.)

 

 

(c)  FP 2017-129
Preliminary Objection

Commissioner

Transportation Network Company Rules

(JLCAR Deadline December 18, 2017.)

 

 

(d)  OR 2017-48
Postponed to 12/21/17
Regular Meeting

Commissioner

Safe Boater Education Rules

(JLCAR Deadline January 23, 2018.)

(Response due by December 4, 2017 but not yet filed.)

 

 

10. 9:50 a.m.    BOARD OF NURSING

 

 

FP 2017-62
Conditional Approval

Licensees with the Authority to Delegate Nursing Related Activities; Eligibility to be a Delegatee

(JLCAR Deadline November 20, 2017.)

(Formerly Item #2(c) on the Consent Agenda for the 10-19-17 meeting and Item #4 on
the Regular Agenda for the 11-3-17 meeting.)

 

 

11. 10:10 a.m.  BOARD OF DENTAL EXAMINERS

 

 

FP 2017-94
Approval

Licensing Requirements; Dental Assistants and Hygienists Duties; Ethical and Professional Standards

(JLCAR Deadline December 18, 2017.)

 

 

12. 10:30 a.m.  PHARMACY BOARD

 

 

(a)  FP 2017-99
Conditional Approval

Collaborative Pharmacy Practice

(JLCAR Deadline December 18, 2017.)

 

 

(b)  FP 2017-100
Approval with Understanding

New Hampshire Controlled Drug Prescription Health and Safety Program

(JLCAR Deadline December 18, 2017.)

 

 

13. 10:45 a.m.  DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

FP 2017-120
Approval

Weights and Measures

(JLCAR Deadline December 14, 2017.)

 

 

14. 11:00 a.m.  OFFICE OF STRATEGIC INITIATIVES

 

 

INT 2017-27

Postponed to 12/21/17
Regular Meeting

Governor's Scholarship Program

(JLCAR Deadline February 7, 2018.  Proposal implements 2017, 156:108 & 109 (HB 517), effective July 1, 2017.)

 

 

15. 11:15 a.m   Discussion on requesting waiver of JLCAR deadline of the following Final Proposal on the December 21, 2017 agenda:

 

 

FP 2017-133

Waiver of
JLCAR Deadline

Requested

INSURANCE DEPARTMENT

Credit Insurance

(JLCAR Deadline December 18, 2017.)

 

 

OTHER BUSINESS

16. 11:30 a.m.