JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

FEBRUARY 17, 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. William A. Hatch

Sen. Dan Feltes

Rep. Rick M. Ladd

Sen. Harold French

Rep. Peter B. Schmidt

Sen. Jay Kahn

 

Sen. Martha Fuller Clark (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. John Sytek (Alt.)

Sen. William Gannon (Alt.)

 

Sen. Dan Innis (Alt.)

 

Sen. Ruth Ward (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 2016-111

Approval

BOARD OF EDUCATION

School Social Worker

(JLCAR Deadline March 20, 2017.)

 

 

(b)  FP 2016-182

Approval

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

Fee Schedule

(JLCAR Deadline March 13, 2017.)

 

 

(c)  FP 2016-183

Approval

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

Continuing Education Requirements

(JLCAR Deadline March 13, 2017.)

 

 

(d)  FP 2016-225

Approval

DEPARTMENT OF SAFETY

Commissioner

Default Bench Warrant Fund Disbursement Rules

(JLCAR Deadline March 9, 2017.)

 

 

(e)  FP 2016-236

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Targeted Case Management Services

(JLCAR Deadline March 20, 2017.  Existing interim rule will expire February 21, 2017.)

 

 

(f)  FP 2016-244
Approval

DEPARTMENT OF SAFETY

Commissioner

Motor Carrier Safety Medical Waiver Rules.

(JLCAR Deadline March 20, 2017.)

 

 

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

 

 

(a)  FP 2016-112

Conditional Approval

BOARD OF EDUCATION

Dance Teacher and Dance Education

(JLCAR Deadline March 9, 2017.)

 

 

(b)  FP 2016-226
Conditional Approval

DEPARTMENT OF SAFETY

Commissioner

Display Fireworks Rules

(JLCAR Deadline March 20, 2017.)

 

 

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

 

(a)  OR 2016-161
Approval

FISH AND GAME DEPARTMENT

Rules for Lands and Waters Under Department Control

(JLCAR Deadline April 25, 2017.)

 

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 January 20, 2017:

 

 

FP 2016-211

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Nursery and Nursery Stock

(Response received February 15, 2017 and confirmed February 15, 2017.)

 

 

FP 2016-195

LOTTERY COMMISSION

Racing and Charitable Gaming Division

Bingo Penalties

(Response received January 25, 2017 and confirmed January 25, 2017.)

 

 

FP 2016-196

LOTTERY COMMISSION

Racing and Charitable Gaming Division

Lucky 7 Penalties

(Response received January 25, 2017 and confirmed January 25, 2017.)

 

 

FP 2016-197

LOTTERY COMMISSION

Racing and Charitable Gaming Division

Games of Chance Penalties

(Response received January 25, 2017 and confirmed January 25, 2017.)

 

 

INT 2016-41

FIRE STANDARDS AND TRAINING COMMISSION

Interim New Hampshire Fire Standards and Training Commission Rules

(Response received February 2, 2017 and confirmed February 2, 2017.)

 

 

FP 2016-116

BOARD OF PROFESSIONAL GEOLOGISTS

Licensure Requirements; Continued Status; Ethical Standards and License Surrender

(Response not yet received.)

 

 

FP 2016-133

BOARD OF HEARING CARE PROVIDERS

Initial Licensure and Registration; License and Registration Renewals; Ethical Standards

(Response received February 8, 2017 and confirmed February 8, 2017.)

 

 

REGULAR AGENDA

 

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

 

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

 

 

FP 2016-110
Approval

Reasonable Access for Twin Trailers.

(JLCAR Deadline February 27, 2017.)

 

 

8.   9:25 a.m.    INSURANCE DEPARTMENT

 

 

(a)  FP 2016-209
Conditional Approval

Uniform Prior Authorization Forms and Electronic Standard for Prescription Drug Benefits

(JLCAR Deadline February 21, 2017.)

(Formerly Item #11(a) on 1-20-17 agenda.)

 

 

(b)  OR 2016-172
Approval

Prescription Prices for Pharmacists and Pharmacies

(JLCAR Deadline February 22, 2017.)

(Formerly Item #11(b) on 1-20-17 agenda.)

 

 

(c)  FP 2016-230
Conditional Approval

Form and Rate Filings

(JLCAR Deadline February 27, 2017.)

 

 

9.   9:35 a.m.    BOARD OF EDUCATION

 

 

(a)  FP 2016-86
Conditional Approval

NH Rules for the Education of Children with Disabilities

(JLCAR Deadline February 17, 2017.)

(Formerly Item #19 on 1-20-17 agenda.)

 

 

(b)  FP 2016-103
Approval

Reading and Writing Specialist

(JLCAR Deadline March 9, 2017.)

 

 

(c)  FP 2016-108
Approval

Paraeducator I and II

(JLCAR Deadline March 9, 2017.)

 

 

10. 9:50 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2016-167
Conditional Approval

Commissioner

Certification Payment Standards for Health Care and Laboratory Service Providers

(JLCAR Deadline February 17, 2017.)

(Formerly Item #12 on 1-20-17 agenda.)

 

 

(b)  FP 2016-242
Approval

Former Division of Human Services

Excluding Dependent Children’s Supplemental Security Income (SSI) When Determining Eligibility and Benefit Amount for Financial Assistance to Needy Families (FANF)

(JLCAR Deadline March 20, 2017.  Existing emergency rule expires February 28, 2017.)

 

 

11. 10:10 a.m.  LOTTERY COMMISSION

 

 

FP 2016-194
Approval

Racing and Charitable Gaming Division

Shared Bingo

(JLCAR Deadline March 13, 2017.)

 

 

12. 10:20 a.m.  DEPARTMENT OF SAFETY

 

 

FP 2016-245
Conditional Approval

Commissioner

On-Demand Official Motor Vehicle Inspection Sticker Rules

(JLCAR Deadline March 20, 2017.)

 

 

13. 10:30 a.m.  BOARD OF AUCTIONEERS – TO BE POSTPONED

 

 

(a)  OR 2016-138
Postponed to 3/17/17

Regular Meeting

Definitions, Organization, and Public Information

(Response not yet received.  Agency Response Deadline March 6, 2017.  JLCAR Deadline April 25, 2017.)

 

 

(b)  OR 2016-139
Postponed to 3/17/17

Regular Meeting

Complaints and Hearing Procedures, Licensing Requirements, Continued Status, and
Ethical Standards

(Response not yet received.  Agency Response Deadline March 6, 2017.  JLCAR Deadline April 25, 2017.)

 

 

OTHER BUSINESS

14.    10:35 a.m.