REGULAR MEETING

TENTATIVE AGENDA

NOVEMBER 20, 2003 - 9:00 a.m.

ROOMS 306/308 - LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Clifton C. Below, Vice-Chair

Betsey L. Patten, Chair

Iris W. Estabrook

Michael O'Neil

Robert B. Flanders

Robert S. Mercer

Theodore L. Gatsas

Kathleen N. Taylor

Sylvia B. Larsen

Janet G. Wall

Lou D'Allesandro (Alt.)

MaryAnn N. Blanchard (Alt.)

Robert K. Boyce (Alt.)

Larry A. Emerton, Sr. (Alt.)

Burton J. Cohen (Alt.)

Dennis H. Fields (Alt.)

Andre Martel (Alt.)

Dennis P. Vachon (Alt.)

Jane O'Hearn (Alt.)

Nelson S. Allan (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

12. 12:15 pm LUNCH BREAK

Consent Agenda

13. 1:15 pm FP 2003-139 Ins

2. 9:05 am Final Proposals

14. 2:15 pm FP 2003-122, INT 2003-13 Emp

3. 9:10 am Objection Responses

15. 3:00 pm OR 2003-34 Mhp

4. 9:15 am Preliminary Objections

16. 4:00 pm Disc. on joint resolutions Mhp

 

17. 4:15 pm OR's from 10-16-03 Meeting

Regular Agenda

18. 4:30 pm OR's from 10-29-03 Meeting

5. 9:20 am Postpone Items

19. 4:45 pm Disc. on Petition Responses

6. 9:25 am FP's 2003-83 & 82 Ed

 

7. 10:00 am FP's 2003-114 & 115 Pos

Other Business

8. 10:30 am FP 2003-105 Bcr

20. 5:00 pm Other

9. 11:00 am INT 2003-14 & FP 2003-106 Saf-C

 

10. 11:30 pm INT 2003-15 Env-Ws

 

11. 11:45 pm FP 2003-120 Soil

 

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 2003-98

BOARD OF EDUCATION

Certification and Standards for Graduate Preparation Programs for General Special Education

(JLCAR Deadline December 5, 2003)

 

 

(b) FP 2003-104

STATE BUILDING CODE REVIEW BOARD

Organizational Rules of the State Building Code Review Board

(JLCAR Deadline December 1, 2003)

 

 

(c) FP 2003-119

BOARD OF NATURAL SCIENTISTS

Board of Natural Scientists Organizational Rules

(JLCAR Deadline December 15, 2003)

 

 

(d) FP 2003-121

BOARD OF NATURAL SCIENTISTS

Board of Natural Scientists Rules Regarding Replacement Fee, Experience Requirements, Examinations, Seal, Reciprocity and Rejections

(JLCAR Deadline December 15, 2003)

 

 

(e) FP 2003-123

DEPARTMENT OF EMPLOYMENT SECURITY

Rules Concerning Registration for Work, Filing of Claims, Employment Services, Self-Employment, Leaving Employment, and Application of Wages

(JLCAR Deadline December 22, 2003)

 

 

(f) FP 2003-135

OFFICE OF STATE PLANNING AND ENERGY PROGRAMS

NH Coastal Program Grant Rules

(JLCAR Deadline December 15, 2003)

 

 

(g) FP 2003-137

INSURANCE DEPARTMENT

Annual Reports

(JLCAR Deadline December 19, 2003)

 

 

(h) FP 2003-142

DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD

Treatment of Horses

(JLCAR Deadline December 19, 2003)

 

 

NOTE: The following final proposal would have been a consent item but was automatically approved after November 17, 2003 due to absence of Committee action within 45 days of filing. It was filed on October 3, 2003, one day after the deadline for the agenda for the October 16, 2003 meeting.

 

FP 2003-131

DEPARTMENT OF SAFETY

DNA Expungement Rule

(JLCAR Deadline October 9, 2003)

 

 

3. Committee Acceptance of Agency Responses to Objections

 

(a) ROR 2003-14

DEPARTMENT OF TRANSPORTATION

Aircraft, Commercial Aviation Operator and Aircraft Dealer Registration

(JLCAR Deadline December 23, 2003)

 

 

(b) OR 2003-58

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Water

Wetlands Bureau

Wetlands Permit-by-Notification Rules

(JLCAR Deadline January 9, 2004)

(This item had been conditionally approved on October 6, 2003, but the agency did not respond within 14 days as required, thereby automatically converting the conditional approval into a preliminary objection.)

 

 

(c) OR 2003-65

BOARD OF PODIATRY

Rules Governing the Practice of Podiatry

(JLCAR Deadline January 20, 2004)

 

 

4. Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(Selected items)

REGULAR AGENDA

 

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

 

 

6. BOARD OF EDUCATION

 

(a) FP 2003-83

Vocational Rehabilitation Services

(JLCAR Deadline December 5, 2003)

 

 

(b) FP 2003-82

Certification and Standards for Graduate Preparation Programs for Superintendents, Business Administrators, and Principals

(JLCAR Deadline December 5, 2003)

 

 

7. POSTSECONDARY EDUCATION COMMISSION

 

(a) FP 2003-114

Workforce Incentive Program - Forgivable Loan Component

(JLCAR Deadline December 8, 2003)

 

 

(b) FP 2003-115

Workforce Incentive Program - Loan Repayment Component

(JLCAR Deadline December 8, 2003)

 

 

8. FP 2003-105

STATE BUILDING CODE REVIEW BOARD

Procedural and Hearing Rules

(JLCAR Deadline December 1, 2003)

 

 

9. DEPARTMENT OF SAFETY

 

 

(a) INT 2003-14

Various Driver Licensing Interim Rules

(JLCAR Deadline February 5, 2004)

 

(b) FP 2003-106

Alcohol Ignition Interlock Device Rules

(JLCAR Deadline December 22, 2003).

 

 

10. INT 2003-15

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Water

401 Water Quality Certification Procedures

(JLCAR Deadline February 5, 2004)

 

 

11. FP 2003-120

BOARD OF NATURAL SCIENTISTS

Board of Natural Scientists Rules Regarding Practice and Prodedure

(JLCAR Deadline December 15, 2003)

 

 

12. LUNCH BREAK

 

 

 

13. FP 2003-139

INSURANCE DEPARTMENT

Long-Term Care Insurance

(JLCAR Deadline December 19, 2003)

14. DEPARTMENT OF EMPLOYMENT SECURITY

 

 

(a) FP 2003-122

Notice of Claim, Information Verification and Waiver Form and Determination on Claim; Authorized Agents

(JLCAR Deadline December 22, 2003)

 

 

(b) INT 2003-13

Employee Leasing

(JLCAR Deadline February 5, 2004)

 

 

15. OR 2003-34

BOARD OF MENTAL HEALTH PRACTICE

Mental Health Counselor Course Requirements and Practical Experience and Patient's Bill of Rights

(JLCAR Deadline December 23, 2003)

 

 

16. Discussion on joint resolution relative to ROR 2001-3 and ROR 2001-4 of the Board of Mental Health Practice (Mhp 103.05 on quorum, and select rules of practice and procedure Mhp 201.04, Mhp 205.02(d), Mhp 206.11(a)(1), Mhp 206.15(e), and Mhp 212.01(b)(3)). (Formerly Item 6 on 5-5-03 agenda, Item 14 on 5-19-03 agenda, Item 17 on 6-23-03 agenda, Item 13 on 7-17-03 agenda, Item 17 on 8-21-03 agenda, Item 19 on 9-18-03 agenda, Item 9 on 10-6-03 agenda, Item 17 on 10-16-03 agenda, and Item 10 on 10-29-03 agenda).

 

17. Remaining Responses to Preliminary Objections Made in October 16, 2003 Meeting But Not Yet Received or Not Yet Reviewed by Committee Staff. (JLCAR Deadline January 20, 2004).

 

(a) OR 2003-89

SWEEPSTAKES COMMISSION

Rules of Bingo Games and Lucky 7 Tickets

 

 

(b) OR 2003-112

PESTICIDE CONTROL BOARD

Procedural Rules of the Pesticide Control Board

 

 

(c) OR 2003-113

PESTICIDE CONTROL BOARD

Pes 300 Certification, Registration and Licensing Requirements and Pes 400 Continued Status

 

 

(d) OR 2003-107

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Food Stamp Mileage Reimbursement and Reporting Requirements

 

 

(e) OR 2003-50

PUBLIC UTILITIES COMMISSION

Uniform Rules for Disclosure and Reporting by Competitive Electric Power Suppliers, Electric Utilities and Electric Service Suppliers

 

 

(f) OR 2003-116

SWEEPSTAKES COMMISSION

Rules of Bingo Games and Lucky 7 Tickets

 

 

(g) OR 2003-132

ELECTRICIANS' BOARD

License Renewal

 

 

18. Remaining Responses to Preliminary Objections Made in October 29, 2003 Meeting But Not Yet Received or Not Yet Reviewed by Committee Staff. (JLCAR Deadline February 3, 2004).

 

(a) OR 2003-87

DEPARTMENT OF TRANSPORTATION

Off Premise Outdoor Advertising

 

 

(b) OR 2003-126

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Personal Property Resources

 

 

19. Discussion on Response to Petitions

 

OTHER BUSINESS

20. Other