JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

FEBRUARY 15, 2013 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Peter B. Schmidt, Vice-Chair

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Bette Lasky

Rep. James R. MacKay

Sen. Jim Rausch

Rep. Carol M. McGuire

Sen. David Watters

Rep. Tara A. Sad

Sen. Peter Bragdon (Alt.)

Rep. Richard W. Barry (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. David H. Kidder (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Mary S. Nelson (Alt.)

Sen. Andy Sanborn (Alt.)

 

Sen. Nancy Stiles (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 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 2012-115z

Approval

PESTICIDE CONTROL BOARD

Restrictions on the Application of Pesticides

(JLCAR Deadline February 21, 2013.)

 

 

(b)   FP 2012-133

Approval

BOARD OF MANUFACTURED HOUSING

Board of Manufactured Housing Organizational Rules

(JLCAR Deadline March 8, 2013.)

 

 

(c)    FP 2012-134

Approval

BOARD OF MANUFACTURED HOUSING

Board of Manufactured Housing Rules of Practice and Procedure

(JLCAR Deadline March 8, 2013.)

 

 

(d)   FP 2012-135

Approval

BOARD OF MANUFACTURED HOUSING

Board of Manufactured Housing Rules Regarding Fees and Forms

(JLCAR Deadline March 8, 2013.)

 

 

(e)    FP 2012-136

Approval

PUBLIC UTILITIES COMMISSION

Alternative Regulation

(JLCAR Deadline March 4, 2013.)

 

 

(f)    FP 2012-137

Approval

PUBLIC UTILITIES COMMISSION

Rules for Steam Utilities

(JLCAR Deadline March 4, 2013.)

 

 

(g)   FP 2012-150

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Mental Health and Developmental Services

Medicaid to Schools Program

(JLCAR Deadline March 18, 2013.)

 

 

(h)   FP 2012-159

Approval

BOARD OF NURSING

Licensing Requirements

(JLCAR Deadline March 1, 2013.)

 

 

(i)     FP 2012-160

Approval

BOARD OF NURSING

Continued Status

(JLCAR Deadline March 1, 2013.)

 

 

(j)     FP 2012-165

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Hot Mix Asphalt Plants

(JLCAR Deadline March 11, 2013.)

 

 

(k)   FP 2012-166

Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS
Pre-Hearing Disclosure of Witnesses and Exhibits

(JLCAR Deadline March 15, 2013.)

 

 

(l)     FP 2012-167

Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS
Required Documents

(JLCAR Deadline March 15, 2013.)

 

 

(m)  FP 2012-168

Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS
Definition of American Occupational Therapy Association, Inc. (AOTA) and Ethical Standards

(JLCAR Deadline March 15, 2013.)

 

 

(n)   FP 2012-169

Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS
Renewal Application Form, Continuing Competence, and Administrative Obligations

(JLCAR Deadline March 15, 2013.)

 

 

(o)   FP 2012-171

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Human Services

Expiring Rules Related to Qualified Aliens, New Hampshire Employment Program (NHEP), Family Assistance Program (FAP), and Food Stamps

(JLCAR Deadline February 25, 2013.)

 

 

(p)     FP 2012-179*

Approval

ARCHITECTURAL BARRIER-FREE DESIGN COMMITTEE

Governor's Commission on Disability

Procedural Rules on Advice, Assistance, Complaints, Orders, Alternative Dispute Resolution, and Explanation of Adopted Rules

(JLCAR Deadline March 4, 2013.)

*The only substantive issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.

 

 

(q)   FP 2012-203

Approval

FISH AND GAME DEPARTMENT

Fish and Game Rules Relative to Atlantic Salmon Broodstock Fishing, Bait Fish, Zebra Mussels, Fishing Tournaments, and Fish Importation

(JLCAR Deadline March 18, 2013.)

 

 

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

 

(No Items)

 

 

 

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

 

(No Items)

 

 

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 January 18, 2013:

 

 

FP 2012-138

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Laboratory and Laboratory Services

(Response received 1-24-13 and confirmed 1-24-13.)

 

FP 2012-123

BOARD OF EDUCATION

Business Administrator, Career and Technical Education Director, English for Speakers of Other Languages (ESOL), and Library Media Coordinator (LMC) Supervisor

(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 REVENUE ADMINISTRATION

 

 

FP 2012-172

Conditional Approval

Equalization Rules.

(JLCAR Deadline February 19, 2013.)

(Formerly Item #11 on 1-18-13 agenda.)

 

 

8.   9:45 a.m.    BOARD OF NURSING

 

 

(a)   FP 2012-161

Conditional Approval

Nursing Assistants

(JLCAR Deadline March 1, 2013.)

 

 

(b)   FP 2012-162

Conditional Approval

Certificate of Medication Administration for Licensed Nursing Assistants and Medication Administration Education Program

(JLCAR Deadline March 1, 2013.)

 

 

9.   10:00 a.m.  DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

FP 2012-152

Conditional Approval

Certification of Processors and Handlers of Organic Commodities

(JLCAR Deadline March 1, 2013.)

 

 

10. 10:30 a.m.  BOARD OF EDUCATION

 

 

FP 2012-124

Conditional Approval

Procedures for Approval, Standard for PEPP, IHE Responsibility

(JLCAR Deadline March 11, 2013.)

 

 

11. 10:50 a.m.  LIQUOR COMMISSION

 

 

(a)   INT 2013-1

Approval

Rules Governing Licensee Operations

(JLCAR Deadline May 8, 2013.  Former rules expired December 31, 2012.)

 

 

(b)   INT 2013-2

Approval

Alcoholic Beverage Licensee Licensing

(JLCAR Deadline May 8, 2013.  Former rules expired August 13, 2012.)

 

12. 11:30 a.m.  GOVERNOR'S COMMISSION ON DISABILITY

 

 

(a)   FP 2012-187

Conditional Approval

Organizational Rules

(JLCAR Deadline March 18, 2013.)

 

 

(b)   FP 2012-188

Conditional Approval

Procedural Rules

(JLCAR Deadline March 18, 2013.)

 

 

(c)   FP 2012-189

Preliminary Objection

Rules for the Telecommunications Equipment Assistance Program

(JLCAR Deadline March 18, 2013.)

 

 

(d)   FP 2012-190

Preliminary Objection

Rules Related to Permanent Registration of Service Animals

(JLCAR Deadline March 18, 2013.)

 

 

OTHER BUSINESS

13. 12:00 p.m.  Other