JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

FEBRUARY 15, 2008 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

Martha Fuller Clark

Maurice L. Pilotte

Jacalyn L. Cilley

Peter B. Schmidt

Betsi DeVries

Bonnie G. Mitchell

Robert J. Letourneau

Betsey L. Patten

Michael Downing

James R. MacKay

Iris W. Estabrook (Alt.)

John DeJoie (Alt.)

Kathleen G. Sgambati (Alt.)

James F. Powers (Alt.)

Peter Hoe Burling (Alt.)

Kimberley S. Casey (Alt.)

Joseph D. Kenney (Alt.)

Sharon M. Carson (Alt.)

Peter E. Bragdon (Alt.)

Alida I. Millham (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

  9.    9:45 am    FP 2007-196 He-W, FP 2007-197 He-E,

 

                        FP 2007-182 He-P, FP 2007-204 He-P,

Consent Agenda

                        FP 2007-170 He-M, FP 2007-174 He-W,

2.    9:05 am    Final Proposals

                        FP 2007-212 He-M, FP 2007-216 He-W,

3.    9:10 am    Objection Responses

                        & FP 2007-219 He-W

4.    9:12 am    Preliminary Objections

10.  12:45 pm    Disc. on waiver FP 2007-189 Ph

 

11.    1:00 pm    LUNCH BREAK

Regular Agenda

 

5.    9:13 am    Postpone Items

Other Business

6.    9:15 am    FP 2007-166 Mar

12.    2:00 pm    Other

7.    9:25 am    FP 2007-162 Nur

 

8.    9:30 am    INT 2008-1 Env-C

 

                      & FP 2007-211 Env-Wq

 

 

 

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 2007-132

Approval

BOARD OF MANAGERS OF N.H. VETERANS HOME

Residence Eligibility Requirements

(JLCAR Deadline March 14, 2008.)

 

 

(b)  FP 2007-169

Approval

BOARD OF ARCHITECTS

Rules Regarding Applications and Qualifications for Licensure, Fees, Renewals,
and Ethical Standards

(JLCAR Deadline March 14, 2008.)

 

 

(c)  FP 2007-176

Approval

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for the Joint Promotional Program (JPP)

(JLCAR Deadline March 17, 2008.)

 

 

(d)  FP 2007-179

Approval

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Procedures for Submission of Complaints of Misconduct by Plumbing Licensees and Certified Water Treatment Technicians; Settlement of Disciplinary Disputes

(JLCAR Deadline March 3, 2008.)

 

(e)  FP 2007-180

Approval

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Commencement of Adjudicative Proceedings; Role of Complainants and Board Staff

(JLCAR Deadline March 3, 2008.)

 

 

(f)  FP 2007-181

Approval

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Code of Ethics

(JLCAR Deadline March 3, 2008.)

 

 

(g)  FP 2007-183

Approval

GOVERNING BOARD OF ATHLETIC TRAINERS

National Athletic Trainers Association Board of Certification, Inc.; Multipart Application Form; Required Documents; Eligibility Requirements

(JLCAR Deadline March 3, 2008.)

 

 

(h)  FP 2007-184

Approval

GOVERNING BOARD OF ATHLETIC TRAINERS

Continued Status

(JLCAR Deadline March 3, 2008.)

 

 

(i)  FP 2007-185

Approval

GOVERNING BOARD OF ATHLETIC TRAINERS

Ethical Standards

(JLCAR DeadLine March 3, 2008.)

 

 

(j)  FP 2007-190

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Fetch and Seasonal Dock Definitions

(JLCAR Deadline March 17, 2008.)

 

 

(k)  FP 2007-191

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Fetch; Dock Design; Aquatic Exotic Plant Control

(JLCAR Deadline March 17, 2008.)

 

 

(l)  FP 2007-205

Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Training Fund

(JLCAR Deadline March 17, 2008.)

 

 

3.   Committee Acceptance of Agency Responses to Objections:

 

 

(No items)

 

 

 

4.   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 is 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 December 27, 2007:

 

      FP 2007-96

 

BOARD OF EDUCATION

Speech-Language Specialist

(No response yet.)

 

 

Conditionally Approved January 25, 2008:

 

 

      FP 2007-186

OFFICE OF ENERGY AND PLANNING

Housing and Conservation Planning Program

(Response received 1-30-08 and confirmed 2-1-08.)

 

 

      FP 2007-168

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Subdivision and Individual Sewage Disposal System Design Rules

(Response received 1-30-08 and confirmed 1-30-08.)

 

 

      FP 2007-118

DEPARTMENT OF SAFETY

Emergency Communications Rules

(No response yet.)

 

 

      FP 2007-131

HEALTH SERVICES PLANNING AND REVIEW BOARD

Long Term Acute Care Hospital (LTACH) Services

(No response yet.)

 

 

REGULAR AGENDA

 

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

 

6.   FP 2007-166

Approval

BOARD OF MARITAL MEDIATOR CERTIFICATION

Fees

(JLCAR Deadline February 25, 2008.)

(Formerly Item #11 on 1-25-08 agenda.)

 

 

7.   FP 2007-162

Approval

BOARD OF NURSING

Retired Status Designation, Competence to Practice, and Nursing Education Program Approval

(JLCAR Deadline March 3, 2008.)

 

 

8.   DEPARTMENT OF ENVIRONMENTAL SERVICES

 

(a)  INT 2008-1

Approval

Commissioner

Administrative Fine Schedules

(JLCAR Deadline May 8 , 2008.  Existing regular rules will expire February 24, 2008,
April 25, 2008, and May 25, 2008.)

 

 

(b)  FP 2007-211

Tabled to 3/7/08 Continued Meeting

Water Quality and Quantity Programs

Shoreland Protection

(JLCAR Deadline March 17, 2008.)

 

 

9.   DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2007-196

Conditional Approval

Former Division of Human Services

Expiring Rules Related to Good Cause Reasons for Failing to Comply with Child Support and NHEP Requirements, and Eligibility for Assistance Following Interstate Migration

(JLCAR Deadline February 18, 2008.)

(Formerly Item #10(c) on 1-25-08 agenda.)

 

 

(b)  FP 2007-197

Conditional Approval

Division of Elderly and Adult Services

Targeted Case Management

(JLCAR Deadline February 18, 2008.)

(Formerly Item #10(d) on 1-25-08 agenda.)

 

 

(c)  FP 2007-182

Postponed to 3/7/08 Continued Meeting

Former Division of Public Health Services

Assisted Living Residences-Residential Care Licensing

(JLCAR Deadline February 18, 2008.)

(Formerly Item #10(b) on 1-25-08 agenda.)

 

 

(d)  FP 2007-204

Postponed to 3/7/08 Continued Meeting

Former Division of Public Health Services

Adult Day Programs

(JLCAR Deadline March 17, 2008.)

 

 

(e)  FP 2007-170

Postponed to 3/7/08 Continued Meeting

Former Division of Mental Health and Developmental Services

Personal Safety Emergencies

(JLCAR Deadline March 17, 2008.)

 

 

(f)  FP 2007-174

Postponed to 3/7/08 Continued Meeting

Former Division of Human Services

Home Health Services

(JLCAR Deadline March 17, 2008.)

 

 

(g)  FP 2007-212

Postponed to 3/7/08 Continued Meeting

Former Division of Mental Health and Developmental Services

In-Home Supports

(JLCAR Deadline March 17, 2008.)

 

 

(h)  FP 2007-216

Postponed to 3/7/08 Continued Meeting

Former Division of Human Services

Independent Coverage Review; Service Limits, Non-Covered Services, and Co-Payments; Durable Medical Equipment, Prosthetic and Orthotic Devices, and Medical Supplies

(JLCAR Deadline March 24, 2008.)

 

 

(i)  FP 2007-219

Postponed to 3/7/08 Continued Meeting

Former Division of Human Services

Creation of Interim Disabled Parents (IDP), Transitional Assessment Planning (TAP), and Families With Older Children (FWOC) Categories of Financial Assistance and Medical Assistance

(JLCAR Deadline March 24, 2008.)

 

 

10. Discussion on requesting waiver of 45-day Committee review deadline of March 20, 2008 for the following final proposal filed on February 4, 2008 for the March 21, 2008 regular meeting:

 

 

FP 2007-189

Waiver Requested

BOARD OF PHARMACY

Amendments to Certain Licensing/Registration Fees and Additional Security and Dispensing Practices for Methadone Treatment Centers

 

 

11. LUNCH BREAK

 

 

OTHER BUSINESS

 

12. Other