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

 

 

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:

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

EXIR – Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

2.   9:05 a.m.    Committee Approval of Final Proposals, Proposed Expedited Repeal,  and Proposed Expedited Revision to Agency Form:

 

 

(a)  FP 2019-144

Approval

POLICE STANDARDS AND TRAINING COUNCIL

Quorum of the Council

(JLCAR Deadline January 21, 2019.)

 

 

(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
January 6, 2020.)

 

 

(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.)

 

 

(d)  FP 2019-169

Approval

DEPARTMENT OF SAFETY

Commissioner

Breath Testing Additional Test

(JLCAR Deadline December 30, 2019.)

 

 

(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.)

 

 

(f)  FP 2019-176

Approval

INSURANCE DEPARTMENT

Producers and Adjusters

(JLCAR Deadline December 30, 2019.)

 

 

(g)  FP 2019-180

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Therapeutic Cannabis Program—Medical Oversight Board

(JLCAR Deadline January 21, 2019.)

 

 

(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.)

 

 

(i)  EXP 2019-1

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Carbon Dioxide (CO2) Offset Projects—REPEAL

(No JLCAR Deadline.)

 

 

(j)  EXRF 2019-6

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

NH Health Professions Survey Opt-Out Form

(No JLCAR Deadline.)

 

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

 

 

(a)  FP 2019-164

Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Permit Application Forms

(JLCAR Deadline December 27, 2019.)

 

 

(b)  FP 2019-183

Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Carbon Dioxide (CO2) Budget Trading Program

(JLCAR Deadline January 21, 2020.)

 

 

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

 

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
August 19, 2019.)

 

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 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 17, 2019:

 

 

FP 2019-69

PEASE DEVELOPMENT AUTHORITY

Rules Regarding Permitting and Setting Moorings and Anchorages

(Response received November 27, 2019 and confirmed December 2, 2019.)

 

 

FP 2019-110

BOARD OF PSYCHOLOGISTS

Petition for Waiver

(Response received December 4, 2019 and confirmed December 17, 2019.)

 

 

Conditionally Approved November 7, 2019:

 

 

FP 2019-67

REAL ESTATE COMMISSION

Amendments to Organizational Rules, Practice and Procedural Rules, Licensing

Requirements, and Continued Status

(Response not yet received.)

 

 

FP 2019-72

PHARMACY BOARD

Investigations

(Response not yet received.)

 

 

FP 2019-94

ELECTRICIANS' BOARD

Apprentice Qualifications

(Response received December 4, 2019 and confirmed December 17, 2019.)

 

 

Conditionally Approved November 21, 2019:

 

 

FP 2019-92

LIQUOR COMMISSION

Direct Shipping

(Response not yet received.)

 

 

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.)

 

 

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.)

 

 

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.)

 

 

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.)

 

 

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.)

 

 

FP 2019-174

DEPARTMENT OF SAFETY

Commissioner

Various Motor Vehicle Inspection Rules

(Response received November 22, 2019 and confirmed November 25, 2019.)

 

 

FP 2019-148

PASSENGER TRAMWAY SAFETY BOARD

Passenger Tramway Safety Rules

(Response not yet received.)

 

 

 

REGULAR AGENDA

 

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

 

7.   9:20 a.m.    DEPARTMENT OF SAFETY

 

 

(a)  FP 2019-168

Conditional Approval

Commissioner

Incident Command System

(JLCAR Deadline January 6, 2020.)

 

 

(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.)

 

 

(c)  INT 2019-36

Approval

Commissioner

Various Driving Licensing Rules

(JLCAR Deadline March 11, 2020.  Rule implements 2019, 205 (HB 669) and
2019, 291 (HB 368), effective January 1, 2020.)

 

 

8.   9:30 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2019-167

Conditional Approval

Wetlands Programs

Amendments to Adopted Wetlands Rules

(JLCAR Deadline January 10, 2020.)

 

 

9.   9:35 a.m.    LOTTERY COMMISSION

 

 

FP 2019-157

Conditional Approval with Recommendation

Sports Wagering

(JLCAR Deadline January 9, 2020.)

 

 

10. 9:45 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2019-182

Conditional Approval

Former Office of Alcohol and Drug Abuse Prevention

Voluntary Registry for Recovery Houses

(JLCAR Deadline January 21, 2020.)

 

 

(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.)

 

 

(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.)

 

 

11. 10:00 a.m.  DEPARTMENT OF NATURAL AND CULTURAL RESOURCES

 

FP 2019-155

Preliminary Objection

Natural Heritage Program Rules

(JLCAR Deadline January 21, 2020.  Existing interim rules will expire
January 6, 2020.)

 

 

12. 10:15 a.m.  BOARD OF EDUCATION

 

 

(a)  INT 2019-35

Approval

Vocational Rehabilitation Program

(JLCAR Deadline March 4, 2020.  Existing rules will expire January 19, 2020.)

 

 

(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

 

 

13. 10:20 a.m.  DEPARTMENT OF EMPLOYMENT SECURITY

 

INT 2019-37

Approval

Job Training Programs

(JLCAR Deadline March 11, 2020.  Rule implements 2019, 346:184-190
(HB 4-FN-A), effective September 26, 2019.)

 

14. 10:30 a.m.  BOARD OF MEDICINE

 

 

OR 2019-46

Accepted/Approved

Licensure Requirements, Renewal Requirements, Ethical Standards, and
Physician Assistant Rules

(JLCAR Deadline February 11, 2020.) 

 

 

15. 10:40 a.m.  PHARMACY BOARD

 

 

OR 2019-74

Postponed to
January 17, 2020
Regular Meeting

Inspections

(JLCAR Deadline February 11, 2020.) 

(Response not yet filed.  Response due by December 23, 2019.)

 

16. 10:45 a.m.  BOARD OF ACCOUNTANCY

 

 

OR 2019-107

Postponed to
January 17, 2020
Regular Meeting

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.)

 

 

OTHER BUSINESS

 

17. 10:50 a.m.