JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

DECEMBER 21, 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 2017-108
Approval

BOARD OF EDUCATION

Science Teacher for Grades 5-8

(JLCAR Deadline January 12, 2018.)

 

 

(b)  FP 2017-110
Approval

BOARD OF EDUCATION

Earth and Space Science Teacher for Grades 7-12

(JLCAR Deadline January 12, 2018.)

 

 

(c)  FP 2017-111
Approval

BOARD OF EDUCATION

Life Science Teacher for Grades 7-12

(JLCAR Deadline January 12, 2018.)

 

 

(d)  FP 2017-112
Approval

BOARD OF EDUCATION

Chemistry Teacher for Grades 7-12

(JLCAR Deadline January 12, 2018.)

 

 

(e)  FP 2017-113
Approval

BOARD OF EDUCATION

Physics Teacher for Grades 7-12

(JLCAR Deadline January 12, 2018.)

 

 

(f)  FP 2017-114
Approval

BOARD OF EDUCATION

Physical Science Teacher for Grades 7-12

(JLCAR Deadline January 12, 2018.)

 

 

(g)  FP 2017-136
Approval

BOARD OF AUCTIONEERS

Definition of Auctioneering

(JLCAR Deadline December 26, 2017.)

 

 

(h)  FP 2017-137
Approval

BOARD OF AUCTIONEERS

Examination

(JLCAR Deadline December 26, 2017.)

 

 

(i)  FP 2017-138
Approval

BOARD OF AUCTIONEERS

Conduct of Auction; Records

(JLCAR Deadline December 26, 2017.)

 

 

(j)  FP 2017-139
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Reduction in Emission-Based Fees for Calendar Year 2017

(JLCAR Deadline January 19, 2018.)

 

 

(k)  FP 2017-141
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Regulated Toxic Air Pollutants

(JLCAR Deadline January 19, 2018.)

 

 

(l)  FP 2017-142
Approval

INSURANCE DEPARTMENT

Annual Privacy Notice to Customers Required

(JLCAR Deadline January 2, 2018.)

 

 

(m)  FP 2017-144
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Transportation of Radioactive Material

(JLCAR Deadline January 16, 2018.)

 

 

(n)  FP 2017-151
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Alternative Benefit Plan and Premium Assistance Program - Co-Payments

(JLCAR Deadline January 19, 2018.)

 

 

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

 

 

(a)  FP 2017-109
Conditional Approval

BOARD OF EDUCATION

Science Teacher; General Requirements

(JLCAR Deadline January 12, 2018.)

 

 

(b)  FP 2017-130
Conditional Approval

LOTTERY COMMISSION

Fantasy Sports Contests

(JLCAR Deadline January 2, 2018.)

 

 

(c) FP 2017-133
Conditional Approval

INSURANCE DEPARTMENT

Credit Insurance

(JLCAR Deadline December 21, 2017.)

 

 

(d)  FP 2017-150
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Birth Conditions Programs (BCP)

(JLCAR Deadline January 22, 2018.)

 

 

(e)  INT 2017-28
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Nursing Facility Reimbursement

(JLCAR Deadline March 14, 2018.  Existing rules will expire December 24, 2017.
Proposal also implements 42 CFR 447.252(b).)

 

 

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

 

(a)  OR 2017-48
Approval

DEPARTMENT OF SAFETY

Commissioner

Safe Boater Education Rules

(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 November 16, 2017:

 

 

FP 2017-82

DEPARTMENT OF SAFETY

Commissioner

Assisted Lake Protection and Refusal of Consent Rules

(Response received November 30, 2017 and confirmed November 30, 2017.)

 

 

FP 2017-62

BOARD OF NURSING

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

(Response not yet received.)

 

 

FP 2017-99

PHARMACY BOARD

Collaborative Pharmacy Practice

(Response received December 15, 2017 and confirmed December 19, 2017.)

 

 

REGULAR AGENDA

 

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

 

7    9:20 a.m.    OFFICE OF STRATEGIC INITIATIVES

 

 

INT 2017-27
Conditional Approval

Governor's Scholarship Program

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

(Formerly Item #14 on the Regular Agenda for the 11-16-17 meeting.)

 

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

 

(a)  FP 2017-91
Conditional Approval with Understanding

Drinking Water Programs

Water Supply Land Protection Grant Program

(JLCAR Deadline January 16, 2018.)

 

 

(b)  FP 2017-143
Approval

Drinking Water Programs

Emergency Bulk Water Supply for Public Water Systems

(JLCAR Deadline January 22, 2018.)

 

 

9.   9:40 a.m.    BOARD OF MEDICAL IMAGING AND RADIATION THERAPY

 

 

FP 2017-92
Conditional Approval

Organizational Rules; Procedural Rules

(JLCAR Deadline January 22, 2018.)

 

 

10. 9:45 a.m.    GOVERNING BOARD OF SPEECH-LANGUAGE PATHOLOGISTS

 

 

FP 2017-106
Conditional Approval

Definitions; Ongoing Requirements; Direction & Supervision of Speech-Language Assistants; Scope of Tasks of Speech-Language Assistants

(JLCAR Deadline January 22, 2018.)

 

 

11. 9:50 a.m.    PUBLIC UTILITIES COMMISSION

 

 

FP 2017-131
Postponed to 1/19/18
Regular Meeting

Electric Renewable Portfolio Standard Rules

(JLCAR Deadline January 22, 2018.)

 

 

12. 10:10 a.m.  DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

FP 2017-153
Conditional Approval

Commissioner

Drug Use Review Board

(JLCAR Deadline January 19, 2018.)

 

 

13. 10:20 a.m.  DEPARTMENT OF SAFETY

 

(a)  OR 2017-87
Postponed to 1/19/18
Regular Meeting

Commissioner

New Hampshire Fire Standards and Training and EMS Administrative Fee Rules

(JLCAR Deadline February 21, 2018.)

(Response due January 2, 2018 but not yet filed.)

 

 

(b)  OR 2017-74
Postponed to 1/19/18
Regular Meeting

Commissioner

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

(JLCAR Deadline February 21, 2018.)

(Response due January 2, 2018 but not yet filed.)

 

 

(c) OR 2017-129
Postponed to 1/19/18
Regular Meeting

Commissioner

Transportation Network Company Rules

(JLCAR Deadline February 21, 2018.)

(Response due January 2, 2018 but not yet filed.)

 

 

14. 10:30 a.m

Approval

Discussion on request by Department of Revenue Administration for editorial changes to rules.

 

 

OTHER BUSINESS

15. 10:40 a.m.