JOINT LEGISLATIVE COMMITTEE ON
ADMINISTRATIVE RULES
REGULAR MEETING
TENTATIVE AGENDA
DECEMBER 19, 2019 - 9:00 a.m.
ROOMS 306/308
LEGISLATIVE OFFICE BUILDING
Senate
Members of JLCAR |
House
Members of JLCAR |
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Sen. John Reagan, Vice-Chair |
Rep. William A. Hatch,
Chair |
Sen. Jeanne Dietsch |
Rep. Kathleen Hoelzel |
Sen. Jay Kahn |
Rep. Carol M. McGuire |
Sen. Ruth Ward |
Rep. Peter B. Schmidt |
Sen. David Watters |
Rep. Kermit Williams |
Sen. Regina
Birdsell (Alt.) |
Rep. Alan Bershtein (Alt.) |
Sen. Shannon
Chandley (Alt.) |
Rep. Timothy Fontneau (Alt.) |
Sen. Martha Fuller
Clark (Alt.) |
Rep. David Karrick (Alt.) |
Sen. Lou
D'Allesandro (Alt.) |
Rep. Timothy Lang (Alt.) |
Sen. James Gray (Alt.) |
Rep. Dianne E. Schuett
(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, Review Minutes, and Approve Meeting Schedule for 2020
JLCAR Deadlines Noted in Agenda: |
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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. |
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
EXIR – Expedited Amendment to Incorporation by
Reference
CONSENT AGENDA |
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(a) FP 2019-144 Approval |
POLICE
STANDARDS AND TRAINING COUNCIL Quorum of the Council (JLCAR Deadline January 21,
2019.) |
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(b) FP
2019-156 Approval |
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Natural Heritage Inventory Rule (JLCAR
Deadline January 21. 2020. Existing
interim rules will expire |
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(c) FP 2019-166 Approval |
DEPARTMENT OF ENVIRONMENTAL SERVICES Wetlands Programs Amendments to
Adopted Wetlands Rules: Definitions,
Content of Waiver Requests (JLCAR
Deadline January 10, 2020.) |
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(d) FP 2019-169 Approval |
DEPARTMENT
OF SAFETY Commissioner Breath
Testing Additional Test (JLCAR Deadline December 30, 2019.) |
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(e) FP 2019-175 Approval |
DEPARTMENT OF ENVIRONMENTAL SERVICES Water Quality and Quantity Programs Amendments to Waiver Requirements
for Septic Systems (JLCAR Deadline January 10,
2020.) |
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(f) FP 2019-176 Approval |
INSURANCE DEPARTMENT Producers
and Adjusters (JLCAR Deadline December 30, 2019.) |
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(g) FP 2019-180 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Therapeutic
Cannabis Program—Medical Oversight Board (JLCAR Deadline January 21, 2019.) |
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(h) FP 2019-187 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former
Division of Mental Health and Developmental Services Eligibility and the Process of Providing
Services—Allocation of Funds (JLCAR
Deadline January 21, 2020.) |
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(i) EXP 2019-1 Approval |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air
Related Programs Carbon
Dioxide (CO2) Offset Projects—REPEAL (No
JLCAR Deadline.) |
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(j) EXRF 2019-6 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner NH Health Professions Survey Opt-Out Form (No
JLCAR Deadline.) |
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3. 9:10 a.m. Committee
Conditional Approvals: |
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(a) FP 2019-164 Conditional
Approval |
DEPARTMENT OF ENVIRONMENTAL
SERVICES Air Related Programs Permit Application Forms (JLCAR Deadline December 27,
2019.) |
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(b) FP 2019-183 Conditional
Approval |
DEPARTMENT OF ENVIRONMENTAL
SERVICES Air Related Programs Carbon Dioxide (CO2) Budget
Trading Program (JLCAR Deadline January 21, 2020.) |
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4. 9:15 a.m. Committee
Acceptance of Agency Responses to Objections: |
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OR 2019-100 Accepted/Approved |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Rules
for Residential Treatment and Rehabilitation Facilities (JLCAR Deadline February 11, 2020. Former interim rules expired |
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5. 9:16 a.m. 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 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. |
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Conditionally Approved October 17, 2019: |
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FP 2019-69 |
PEASE DEVELOPMENT AUTHORITY Rules Regarding Permitting and Setting
Moorings and Anchorages (Response received November 27, 2019 and confirmed December 2, 2019.) |
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FP 2019-110 |
BOARD OF PSYCHOLOGISTS Petition for Waiver (Response
received December 4, 2019 and confirmed December 17, 2019.) |
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Conditionally Approved November 7, 2019: |
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FP 2019-67 |
REAL
ESTATE COMMISSION Amendments
to Organizational Rules, Practice and Procedural Rules, Licensing Requirements,
and Continued Status (Response not yet received.) |
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FP 2019-72 |
PHARMACY
BOARD Investigations (Response not yet received.) |
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FP 2019-94 |
ELECTRICIANS' BOARD Apprentice Qualifications (Response
received December 4, 2019 and confirmed December 17, 2019.) |
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FP 2019-92 |
LIQUOR COMMISSION Direct Shipping (Response
not yet received.) |
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FP 2019-101 |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Division of Elderly and
Adult Services Social Services Block Grant
(Title XX) (Response
received December 4, 2019 and confirmed December 5, 2019.) |
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FP 2019-105 |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Public
Health Services Healthcare Associated
Infections Reporting (Response
received December 4, 2019 and confirmed December 5, 2019.) |
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FP 2019-124 |
DEPARTMENT OF
HEALTH AND HUMAN SERVICES Former Division of
Public Health Services Adult Family Care
Residences (Response received November 25, 2019 and confirmed
November 26, 2019.) |
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FP 2019-137 |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former
Division of Mental Health and Developmental Services Rights
Protection Procedures for Developmental Services (Response received December 4, 2019 and confirmed December 5, 2019.) |
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FP 2019-141 |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former
Division of Human Services Dental
Services (Response received December 4, 2019 and confirmed December 5, 2019.) |
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FP 2019-174 |
DEPARTMENT OF SAFETY Commissioner Various
Motor Vehicle Inspection Rules (Response received November 22, 2019 and confirmed November 25, 2019.) |
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FP 2019-148 |
PASSENGER
TRAMWAY SAFETY BOARD Passenger
Tramway Safety Rules (Response not yet received.) |
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REGULAR AGENDA |
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6. 9:18 a.m. Consider
postponing action on certain items to another meeting. |
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7. 9:20
a.m. DEPARTMENT OF SAFETY |
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(a)
FP 2019-168 Conditional
Approval |
Commissioner Incident
Command System (JLCAR Deadline January 6, 2020.) |
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(b) INT 2019-33 Conditional
Approval |
Commissioner Interim
Various Road Toll Administration Rules (JLCAR Deadline February 25, 2020. Rule implements 2019, 188 (SB 94),
effective January 1, 2020.) |
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(c) INT 2019-36 Approval |
Commissioner Various
Driving Licensing Rules (JLCAR Deadline March 11, 2020. Rule implements 2019, 205 (HB 669) and |
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8. 9:30
a.m. DEPARTMENT OF ENVIRONMENTAL
SERVICES |
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FP 2019-167 Conditional
Approval |
Wetlands Programs Amendments to
Adopted Wetlands Rules (JLCAR Deadline January 10, 2020.) |
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9. 9:35
a.m. LOTTERY COMMISSION |
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FP 2019-157 Conditional
Approval with Recommendation |
Sports
Wagering (JLCAR Deadline January 9, 2020.) |
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(a) FP 2019-182 Conditional
Approval |
Former Office of Alcohol and
Drug Abuse Prevention Voluntary Registry for
Recovery Houses (JLCAR Deadline January 21, 2020.) |
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(b) INT 2019-34 Approval |
Former
Division of Mental Health and Developmental Services Respite
Services (JLCAR Deadline March 4, 2020. Former rules expired December 1, 2019.) |
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(c) INT 2019-38 Approval |
Former
Division of Public Health Services Acute
Psychiatric Residential Treatment Programs (JLCAR Deadline March 11, 2020. Existing rules will expire December 23,
2019.) |
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11. 10:00
a.m. DEPARTMENT OF NATURAL AND CULTURAL
RESOURCES |
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FP 2019-155 Preliminary
Objection |
Natural
Heritage Program Rules (JLCAR Deadline January 21, 2020. Existing interim rules will expire |
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(a) INT 2019-35 Approval |
Vocational
Rehabilitation Program (JLCAR Deadline March 4, 2020. Existing rules will expire January 19,
2020.) |
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(b) Discussion on Board of Education response
to the Committee rulemaking petition October 17, 2019 relative to Ed 1307
Robotics Education Fund. No
Further Action |
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13. 10:20
a.m. DEPARTMENT OF EMPLOYMENT SECURITY |
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INT 2019-37 Approval |
Job
Training Programs (JLCAR Deadline March 11, 2020. Rule implements 2019, 346:184-190 |
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14. 10:30
a.m. BOARD OF MEDICINE |
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OR 2019-46 Accepted/Approved |
Licensure
Requirements, Renewal Requirements, Ethical Standards, and (JLCAR Deadline February 11, 2020.) |
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15. 10:40
a.m. PHARMACY BOARD |
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OR 2019-74 Postponed to |
Inspections (JLCAR Deadline February 11, 2020.)
(Response not yet
filed. Response due by December 23,
2019.) |
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16. 10:45
a.m. BOARD OF ACCOUNTANCY |
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OR 2019-107 Postponed to |
Application for Initial
Certification, Reciprocity, and Return to Active Practice (JLCAR
Deadline February 11, 2020.) (Response not yet filed. Response due by December 23, 2019.) |
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OTHER BUSINESS |
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17. 10:50
a.m. |